DECREE

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

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Transport;

The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport.

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 civil aviation within the entire 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 performs tasks and powers as prescribed in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP and the following specific tasks and powers:

1. Submitting to the Government draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government according to the annual legislative program and plan of the ministry that has been approved and other resolutions, draft projects, and programs assigned by the Government and the Prime Minister; submitting to the Government and the Prime Minister strategies, plans, long-term, medium-term, and annual development plans, important national projects and works under the ministry's state management and as provided for by law.

Prime Minister.

3. Issuing circulars, decisions, directives, and other documents within the scope of the ministry's state management; establishing national standards, issuing national technical regulations, and economic-technical norms in fields under the ministry's state management.

4. Directing, guiding, inspecting, and being responsible for organizing the implementation of regulatory legal documents; reviewing planning, evaluating the implementation of planning, strategies, and plans that have been approved under the ministry's state management; disseminating, popularizing, and educating the law on areas under the ministry's state management.

5. On transportation infrastructure of roads, railways, inland waterways, maritime, and civil aviation:

a) Submitting to the Government regulations on the management and protection of transportation infrastructure of roads, railways, inland waterways, maritime, and civil aviation as provided for by law; directing the implementation of planning and development plans for the transportation infrastructure system that have been approved by the Government and the Prime Minister;

b) Issuing national technical regulations on transportation infrastructure (excluding national technical regulations on urban transportation infrastructure) and prescribing the management, operation, and maintenance of transportation infrastructure within its authority;

c) Performing the tasks and powers of a specialized construction project management ministry, the competent authority managing investment construction programs and projects of transportation infrastructure; announcing the list of investment projects and forms of investment in transportation infrastructure according to the law;

d) Organizing the implementation, guiding, and inspecting the management, operation, and maintenance of transportation infrastructure; managing and operating assets of transportation infrastructure within the scope of management according to the law;

đ) Submitting to the Government and the Prime Minister for decision or deciding within its authority the announcement, classification, naming, adjustment, closure, opening, dismantling, commissioning, suspension, and temporary suspension of operation of road, railway, inland waterway, maritime, and civil aviation works according to the law;

e) Organize the registration, issuance of certificates and permits according to their authority and the provisions of the law;

6. On transportation vehicles, assemblies, systems, and spare parts of transportation vehicles; marine exploration, exploitation, and transportation equipment; specialized loading, unloading, and construction equipment; machinery, equipment, and materials with strict requirements for safety and labor hygiene in transportation (excluding vehicles serving defense and security purposes and fishing vessels) and specialized technical equipment:

a) Prescribing the registration and issuance of license plates for railway, inland waterway transportation vehicles, and special-purpose motorcycles participating in traffic; organizing the implementation of the registration of railway, inland waterway, maritime, and civil aviation transportation vehicles according to its authority and the law;

b) Specify technical safety quality, environmental protection, and labor hygiene safety requirements for transportation means; marine exploration, exploitation, and transport equipment;

c) Prescribing and guiding the implementation of standards and technical regulations, inspection, testing, certification of technical safety and environmental quality, management of activities of conformity declaration and certification of motorized road transportation vehicles, assemblies, systems, and spare parts; railway, inland waterway, maritime, and civil aviation transportation vehicles; marine exploration, exploitation, and transportation equipment; specialized loading, unloading, and construction equipment; specialized technical equipment used in transportation and other purposes according to the law;

d) Issuing certificates of airworthiness for aircraft; 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) Prescribing the technical design review in production, assembly, repair, modification, importation of transportation vehicles; specialized loading, unloading, and construction equipment; marine exploration, exploitation, and transportation equipment; and specialized technical equipment in transportation according to the law;

e) Issue licenses for facilities designing, manufacturing, repairing, maintaining, or testing aircraft, aircraft engines, propellers, and aircraft equipment and accessories in Vietnam; stipulate conditions and procedures for issuing operation licenses for service providers ensuring flight operations, technical systems, and flight operation assurance equipment; promulgate national technical standards for new construction, repair of ships, inland waterway vessels; stipulate conditions and standards for quality safety technical inspection and environmental protection facilities for transportation means, equipment, and facilities for exploration, exploitation, and transportation at sea, and other facilities and equipment according to the provisions of the law.

g) Establish a list of products and goods that have the potential to cause safety hazards as prescribed; issue inspection procedures and management processes for types of machines, equipment, materials, and substances with strict requirements for safety and hygiene under its jurisdiction; organize the issuance, reissuance, extension, and revocation of certificates of qualification for vehicle inspection activities, certificates of qualification for occupational safety and health technical inspection activities according to its authority.

7. Specify regulations on training, examination, certification, issuance, recognition, and revocation of permits, diplomas, and certificates for professionals operating transportation means, equipment specifically used in transportation (excluding those serving defense and security purposes and fishing vessels); inspectors, technical inspection staff, and special workers in the field of transportation according to its authority.

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

a) Guide and inspect the implementation of transport business conditions, development mechanisms, and policies for transport services according to the Government's regulations;

b) Establish and promulgate national technical standards in the field of transport operation;

c) Announce civil air routes after obtaining approval from the Prime Minister; announce road, railway, inland waterway, maritime transport lines, and public transport networks according to the provisions of the law;

d) Guide the implementation of multimodal transport according to the Government's regulations;

đ) Organize the issuance of permits for civil aviation activities; direct and inspect the implementation of coordination management regulations for civil aviation activities;

e) Provide detailed regulations on managing activities at civil airports (excluding flight operations), seaports, inland waterway ports, railway stations, and managing railway, inland waterway, and maritime transport lines.

9. Regarding traffic safety and security:

a) Take the lead or coordinate in organizing the implementation of comprehensive strategies, programs, plans, and projects on traffic safety nationwide after approval by the Government and the Prime Minister; guide and inspect the implementation of laws on traffic safety for roads, railways, inland waterways, maritime, and civil aviation within the scope of its functions and responsibilities;

b) Issue the Civil Aviation Safety and Security Program according to its authority; provide detailed regulations on building, evaluating, and approving ship security plans, port security plans, and water area security plans; stipulate the issuance of related security certifications for ships and ports; take the lead or coordinate in conducting inspections and providing information on civil aviation and maritime safety and security according to the law;

c) Organize investigations of aircraft accidents and maritime accidents according to its authority and the law;

d) Lead or coordinate the implementation of search and rescue, oil spill response in road, rail, inland waterway, maritime, and civil aviation according to its authority;

10. Regarding the environment in transportation activities:

a) Organize state management over environmental protection in the construction, management, operation, and use of transportation infrastructure, and manage transportation activities and other activities within the scope and authority granted by law and international treaties to which the Socialist Republic of Vietnam is a member;

b) Provide regulations on issuing Certificates of Environmental Standards for road motor vehicles, rail transport vehicles, inland waterway transport vehicles, maritime transport vehicles, marine exploration, exploitation, and transportation equipment, and civil aviation (excluding military and police vehicles used for defense and security purposes and fishing vessels); take the lead in guiding the inspection and confirmation of meeting environmental standards for automobiles and other motor vehicles;

c) Issue national technical standards on technical safety and environmental protection for transportation vehicles within its authority according to the provisions of the law;

d) Issue technical standards, energy consumption quotas, and guide and inspect compliance with energy consumption quotas for transportation vehicles according to the provisions of the law;

đ) Develop and manage specialized meteorological and hydrological observation station networks in the field of transportation.

11. Implement international cooperation and integration in the fields of road, railway, inland waterway, maritime, and civil aviation transportation according to the provisions of the law.

12. Direct the organization of scientific research plans, development, transfer, and application of technology in the fields of road, railway, inland waterway, maritime, and civil aviation transportation; direct the establishment and implementation of information technology application programs, database construction and management, and ensure information services for state management and meet the needs of organizations and individuals participating in transportation activities.

13. Regarding public services:

a) Implement state management over public services in sectors and fields under the scope of state management of the ministry as prescribed by law;

b) Prescribe criteria and quality standards for public services; mechanisms for inspecting, evaluating, and certifying the quality of public services and the effectiveness of operations of public service enterprises in the management field;

c) Guide organizations in implementing public services according to the law;

14. Regarding enterprises and cooperatives:

a) Submit to competent authorities for issuance of mechanisms and policies supporting the development of enterprises and cooperatives in the transportation sector and coordinate with relevant agencies and organizations to direct, guide, and inspect the implementation;

b) Approve or submit to competent authorities for approval comprehensive restructuring proposals, restructuring and development proposals for state-owned enterprises operating in the transportation sector and direct their implementation according to assigned levels and categories;

c) Guide and inspect the implementation of regulations for business sectors and services with conditions and handle violations within the authority;

d) Exercise rights, responsibilities, and obligations of the state owner towards state-owned enterprises and state capital invested in other enterprises as prescribed by law;

15. Regarding public-private partnership models:

a) Issue or submit to competent authorities for issuance of normative legal documents, strategies, and investment plans from non-state budget funds for infrastructure transportation projects;

b) Submit to the Government, Prime Minister for approval or approve according to its authority mechanisms and policies to attract non-state budget capital for transportation infrastructure and service projects under public-private partnership models;

c) Organize investment promotion and mobilization of non-state budget funds in accordance with strategies, plans, and approved project lists;

d) Guide, inspect, and compile a list of priority programs and projects to attract non-state budget investment capital; monitor and evaluate these programs and projects regarding their implementation status and effectiveness in attracting and utilizing non-state budget investment capital.

16. Perform tasks and exercise powers over associations and non-governmental organizations within the scope of the ministry's state management as prescribed by law.

17. Conduct inspections, audits, receive citizens' visits, handle complaints, denunciations, reflections, and suggestions from organizations and citizens; implement anti-corruption measures and address violations of law in areas under the ministry's state management as prescribed by law.

18. 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 competent authorities to decide or decide within their authority on the delegation of certain tasks within the scope of the ministry's state management to local governments.

19. Manage organizational structures, staffing, cadres, civil servants, public officials, and employees; implement salary systems and incentive policies, rewards, and disciplinary actions for cadres, civil servants, public officials, and employees under the ministry's management; train and develop cadres, civil servants, and public officials within the scope of the ministry's state management.

20. Manage and organize the implementation of financial work, state assets, development investment, and construction within the scope of the ministry's management; organize the implementation of state budget management allocated according to the provisions of the law.

21. Perform other tasks and exercise other powers assigned by the Government and the Prime Minister and as prescribed by law.

Article 3. Organizational Structure

1. Department of Planning and Investment.

2. Department of Finance.

3. Department of Transport Infrastructure.

4. Department of Transportation.

7. Ministry Office;

6. Department of Science and Technology and Environment.

7. Department of International Cooperation.

8. Department of Organization and Cadre Management.

9. Inspectorate;

10. Office;

11. Vietnam Road Administration.

12. Vietnam Expressway Administration.

13. Vietnam Maritime Administration.

14. Vietnam Civil Aviation Administration.

15. Vietnam Railways Administration.

16. Vietnam Inland Waterways Administration.

17. Vietnam Inspection and Registration Administration.

18. Construction Investment Management Administration.

19. Information Technology Center.

20. Institute of Strategy and Development of Transport.

21. Transport Management Cadre School.

22. Traffic Newspaper.

23. Transport Journal.

The organizations specified from Clause 1 to Clause 18 of this Article are organizations assisting the Minister in performing state management functions; the organizations specified from Clause 19 to Clause 23 of this Article are public service units serving the state management functions of the ministry.

The Vietnam Maritime Administration, Vietnam Civil Aviation Administration, and Vietnam Road Administration shall have seals with the National Emblem.

The Vietnam Maritime Administration, Vietnam Civil Aviation Administration, and Vietnam Inland Waterways Administration shall have Port Supervision Units within their organizational structure. The Port Supervision Units of Civil Aviation, Maritime, and Inland Waterways are administrative organizations equivalent to Sub-administrations under the Administration of the ministry.

The Minister of Transport shall stipulate the functions, tasks, powers, and organizational structure of subordinate organizations; submit to the Prime Minister for issuance the list of public service units directly under the ministry.

Article 4. Effective date

1. This Decree takes effect from October 1, 2022.

2. This Decree replaces Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government prescribing the functions, tasks, powers, and organizational structure of the Ministry of Transport.

Article 5. Transitional Provisions

1. The Department of Enterprise Management continues to operate according to current regulations until the Ministry of Transport completes the restructuring of the Vietnam Ship Industry Corporation according to the decision of the competent authority.

2. The Transport Health Administration continues to operate according to current regulations until the Ministry of Transport completes the transfer of health facilities under the Transport Health Administration to local management and the establishment of the Transport Health and Work Environment Center according to Decision No. 1922/QĐ-TTg dated November 25, 2020 of the Prime Minister.

3. The Minister of Transport shall stipulate the functions, tasks, powers, and organizational structure of the Vietnam Road Administration and the Vietnam Expressway Administration, ensuring the continuation of the responsibilities and powers of the Vietnam Highway Administration as prescribed by law and international treaties to which the Socialist Republic of Vietnam is a party until the competent authority issues or amends relevant legal provisions.

4. Public service units directly under the Vietnam Highway Administration continue to operate according to current regulations until the competent authority completes the reorganization of these units.

5. Civil Aviation Port Supervision Units, Maritime Port Supervision Units, and Inland Waterways Port Supervision Units continue to apply the financial mechanism of public service units according to current regulations until the competent authority decides to implement salary policy reforms according to Resolution No. 27-NQ/TW dated May 21, 2018 of the Central Committee of the Communist Party of Vietnam.

Article 6. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.