Nghị định số 57/2013/NĐ-CP Về tổ chức và hoạt động Thanh tra ngành Giao thông vận tải

DECREE

Regarding the organization and operation of the Inspection of the Transport Industry

____________________

 

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

Based on the Inspection Law dated November 15, 2010;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to the Railway Law dated June 14, 2005;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

At the proposal of the Minister of Transport;

The Government issues a Decree on the organization and operation of the inspection of the Transport Industry.

Chapter

I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization and operation of agencies performing the inspection function of the Transport Industry; inspectors, specialized inspection officials, and inspection collaborators of the Transport Industry; the responsibilities of agencies, organizations, and individuals in the inspection activities of the Transport Industry.

Article 2. Inspection Objects

1. Agencies, organizations, and individuals under the management scope of the Ministry of Transport, Provincial Department of Transport pursuant to delegation or decentralization by the People's Committee of the province.

2. Vietnamese and foreign agencies, organizations, and individuals have the obligation to comply with legal regulations in fields under the state management of the Transport Industry.
 

Article 3. Application of International Treaties

In cases where international treaties to which the Socialist Republic of Vietnam is a member provide different provisions regarding the organization and operation of the inspection of the Transport Industry, such treaty provisions shall be applied.

Chapter

II

ORGANIZATION, DUTIES AND LIMITS OF AGENCIES PERFORMING THE INSPECTION FUNCTION OF THE TRANSPORT INDUSTRY

 PERFORMANCE OF THE INSPECTION FUNCTION OF THE TRANSPORT INDUSTRY

Article 4. Agencies performing the inspection function of the Transport Industry

a) The Ministry of Labor - War Invalids and Social Affairs Inspection (hereinafter referred to as the Ministry Inspection);

a) The Inspectorate of the Ministry of Transport (hereinafter referred to as the Inspectorate of the Ministry);

b) The Inspectorate of the Provincial Department of Transport (hereinafter referred to as the Inspectorate of the Provincial Department).

a) Vocational Education General Administration;

a) Vietnam Highway Administration;

b) Vietnam Railway Corporation, Vietnam Inland Waterway Corporation, Vietnam Civil Aviation Authority, and Vietnam Maritime Administration;

c) Inland Waterway Branches under the Vietnam Inland Waterway Corporation (hereinafter referred to as Inland Waterway Branches);

d) Airports, Ports, and Inland Waterway Port Authorities under the Vietnam Inland Waterway Corporation (hereinafter referred to as Inland Waterway Port Authorities);

đ) Road Management Agencies in areas under the Vietnam Highway Administration.

Article 5. Organizational structure of the Inspectorate of the Ministry

1. The Inspectorate of the Ministry has a Chief Inspector, Deputy Chief Inspectors, Inspectors, and other officials.

The Chief Inspector of the Ministry is appointed, relieved, or dismissed by the Minister after consultation with the Chief Inspector General of the Government.

Deputy Chief Inspectors of the Ministry are appointed, relieved, or dismissed by the Minister upon the proposal of the Chief Inspector of the Ministry. Deputy Chief Inspectors assist the Chief Inspector of the Ministry in managing one or more areas of work and are responsible before the law and the Chief Inspector of the Ministry for the tasks assigned.

2. The Inspectorate of the Ministry has functional departments. The Minister decides to establish functional departments under the Inspectorate of the Ministry.

3. The Inspectorate of the Ministry has its own seal and separate account.

Article 6. Duties and Authorities of the Inspectorate of the Ministry

The Inspectorate of the Ministry performs tasks and powers as prescribed in Article 18 of the Inspection Law, Article 7 of Decree No. 86/2011/ND-CP dated September 22, 2011 of the Government detailing and guiding certain provisions of the Inspection Law, and the following tasks and powers:

1. Assist the Minister in state management over inspection activities of the Transport Industry.

2. Develop and submit to the Minister of Transport for issuance Guidelines on the Inspection Plan of the Transport Industry; inspect and urge the development and implementation of inspection programs and plans by agencies performing the inspection function of the Transport Industry.

3. Organize training in inspection business for inspectors, specialized inspection officials, and inspection collaborators.

4. Guide, inspect, and urge agencies entrusted with specialized inspection functions to implement legal regulations on inspection.

5. Chair inter-ministerial inspection teams or participate in inter-ministerial inspection teams established by ministries, sectors, and localities.

6. Direct and guide the professional and business inspection of specialized inspection functions for the Inspectorate of the Provincial Department.

7. Require the Inspectorate of the Provincial Department to compile and report on inspection work within the scope of national administration of the Ministry of Transport.

8. Summarize and draw lessons from inspection work of the Transport Industry.

9. Other duties and authorities as prescribed by law.

Article 7. Duties and Authorities of the Head of the Inspectorate of the Ministry

The Chief Inspector of the Ministry performs tasks and powers as prescribed in Article 19 of the Inspection Law, Article 8 of Decree No. 86/2011/ND-CP, and the following tasks and powers:

1. Report to the Minister of Transport and the Chief Inspector General of the Government on inspection work within their scope of responsibility.

2. Inspect the responsibility of heads of agencies and units under the management of the Ministry of Transport in implementing laws on inspection.

3. Request the Director of the Vietnam Highway Administration, Directors of the Vietnam Railway Corporation, Vietnam Inland Waterway Corporation, Vietnam Civil Aviation Authority, and Vietnam Maritime Administration to conduct specialized inspections as prescribed by law.

4. Summon officials and staff of related agencies and units to participate in inspection activities; invite technical experts to join inspection teams when necessary.

5. Impose administrative penalties according to legal regulations.

6. Other tasks and powers as prescribed by law or delegated by the Minister of Transport.

Article 8. Organizational Structure of the Department Inspectorate

1. The Department Inspectorate consists of the Chief Inspector, Deputy Chief Inspectors, inspectors, and other civil servants.

The Chief Inspector is appointed, dismissed, or removed from office by the Director of the Department after reaching consensus with the Chief Inspector of the province.

Deputy Chief Inspectors are appointed, dismissed, or removed from office by the Director of the Department upon the proposal of the Chief Inspector. Deputy Chief Inspectors assist the Chief Inspector in performing tasks assigned by the Chief Inspector.

2. The Department Inspectorate may organize specialized teams.

3. The Inspectorate of the Department has its own seal and separate account.

Article 9. Duties and Authorities of the Department Inspector

The Department Inspectorate performs duties and powers as stipulated in Article 24 of the Inspection Law, Article 13 of Decree No. 86/2011/ND-CP, and the following duties and powers:

1. Drafting inspection plans to be submitted to the Director of the Department for approval and organizing their implementation.

2. Inspecting the implementation of policies, laws, and duties and powers of agencies, organizations, and individuals under the management of the Department of Transport.

3. Inspecting compliance with specialized laws, regulations on professional and technical matters, and industry management rules and areas of agencies, organizations, and individuals within the scope of management of the Department of Transport, including:

a) Conditions, standards, and measures ensuring road traffic safety in the infrastructure of roads (including urban roads), inland waterways, dedicated railways not connected to national railway tracks, and urban railways (if any) directly managed by provincial People's Committees or authorized to manage;

b) Conditions ensuring the safety of road and inland waterway transport vehicles (excluding sea vessels), dedicated railways not connected to national railway tracks, and urban railways;

c) Transportation and supporting transportation services;

d) Training, examination, issuance of certificates, licenses, and professional qualifications for drivers and operators of transportation equipment according to the分级任务的原因是确保每个翻译任务都能准确无误地完成，同时保持文本的连贯性和一致性。以下是剩余部分的直接翻译：

e) Technical inspection of transportation equipment and devices according to the classification;

e) Coordinating with police forces and related organizations and forces in preventing and handling violations to ensure traffic order and safety within the scope of responsibility of the Department of Transport;

g) Cooperating and supporting the People's Committees at the district and commune levels, and specialized transport inspection organizations of the central government stationed locally in inspection activities and administrative penalty enforcement regarding compliance with regulations on protecting and preventing encroachment on road traffic safety corridors, railway corridors, and inland waterway protection corridors directly managed by the Ministry of Transport.

4. Performing citizen reception work, handling complaints and denunciations, and preventing and combating corruption.

5. Leading inter-departmental inspection teams or participating in inter-departmental inspection teams established by local departments and sectors; participating in inspection teams established by the Minister of Transport or the Chief Inspector of the Ministry.

6. Summarizing and drawing lessons learned from inspection work within the scope of management of the Department of Transport.

7. Other tasks and powers as prescribed by law.

Article 10. Duties and Authorities of the Head of the Department Inspector

The Chief Inspector performs duties and powers as stipulated in Article 25 of the Inspection Law, Article 14 of Decree No. 86/2011/ND-CP, and the following duties and powers:

1. Reporting to the Director of the Department of Transport, the Chief Inspector of the province, and the Chief Inspector of the Ministry about inspection work within their scope of responsibility.

2. Deciding to establish inspection teams according to plans; deciding on surprise inspections as prescribed by law; submitting to the Director of the Department for decisions to establish inter-departmental inspection teams according to approved inspection plans or urgent requests.

3. Summoning civil servants and staff members of relevant agencies and units to participate in inspection activities; inviting experts to join inspection teams when necessary.

4. Drafting work plans; directing inspection teams to perform inspection and administrative penalty enforcement tasks.

5. Cooperating in enforcing compulsory measures when there is a Decision on Compulsory Enforcement of Administrative Penalty Decisions issued by the Chief Inspector of the Ministry, the General Director, or the Director of the Bureau within the jurisdiction.

6. Other duties and powers as prescribed by law.

Article 11. Tasks and Authorities of the Vietnam Highway Administration, the Vietnam Railway Administration, and the Vietnam Inland Waterways Administration

The Vietnam Highway Administration, the Vietnam Railway Administration, and the Vietnam Inland Waterways Administration shall perform the inspection tasks and authorities specified in Clause 1, Article 10 of Decree No. 07/2012/NĐ-CP dated February 9, 2012, issued by the Government on agencies assigned to carry out specialized inspection functions and specialized inspection activities, as well as the following tasks and authorities:

1. Develop inspection plans to submit to the Ministry's Inspectorate for consolidation and submission to the Minister for approval, and organize their implementation after approval; guide the development and approval of inspection plans by subordinate agencies directly responsible for specialized inspection functions.

2. Inspect compliance with specialized laws, technical regulations, and management rules within the scope of management of the General Department and the Bureau according to the delegated authority.

3. Conduct inspections according to plans, inspect cases showing signs of law violations within the jurisdiction of the General Department and the Bureau, or conduct inspections upon request of the Head of the Ministry's Inspectorate.

4. Monitor, urge, and inspect the implementation of conclusions, recommendations, and decisions on handling inspections made by themselves; monitor the implementation of conclusions, recommendations, and decisions on handling inspections made by subordinate agencies assigned to carry out specialized inspection functions.

5. Resolve complaints and denunciations, and prevent and combat corruption in accordance with the provisions of the law.

6. Summarize and report to the Ministry's Inspectorate the results of specialized inspection work; resolve complaints and denunciations, and prevent and combat corruption within the scope of management of the General Department and the Bureau.

7. Other tasks and powers as prescribed by law.

Article 12. Tasks and Authorities of the Civil Aviation Authority of Vietnam and the Vietnam Maritime Administration

1. The Civil Aviation Authority of Vietnam and the Vietnam Maritime Administration shall perform the tasks and authorities stipulated in Article 11 of this Decree and other tasks and authorities as prescribed by international treaties.

2. The Civil Aviation Authority Inspectorate and the Vietnam Maritime Administration Inspectorate assist the Directors in carrying out specialized inspection functions in accordance with the law. The Minister of Transport shall specify the tasks, authorities, and organization of the Civil Aviation Authority Inspectorate and the Vietnam Maritime Administration Inspectorate.

Article 13. Tasks and Authorities of Airports, Port Authorities, Inland Waterway Port Authorities, Inland Waterway District Offices, and Road Management Agencies in Areas

1. Develop inspection plans to submit to the competent authority for approval and organize their implementation after approval.

2. Inspect compliance with specialized laws, technical regulations, management rules, and international treaties within the scope of delegated tasks.

3. Inspect cases showing signs of law violations or other cases when assigned by the General Director or the Director.

4. Monitor, urge, and inspect the implementation of conclusions, recommendations, and decisions on handling inspections.

5. Summarize and report the results of specialized inspection work, administrative penalties.

6. Other tasks and authorities as prescribed by the law and international treaties.

Article 14. Tasks and Authorities of Heads of Agencies Assigned to Carry Out Specialized Inspection Functions

1. Leading, directing, and inspecting the specialized inspection work entrusted.

2. Decide to conduct inspections when signs of law violations are discovered or upon request of the Head of the agency assigned to carry out specialized inspection functions at the immediately higher level; assign civil servants to carry out specialized inspection tasks.

3. Implement directives from the Minister and the Head of the Ministry's Inspectorate regarding specialized inspection activities; dispatch civil servants specializing in specialized inspections to join inspection teams upon request of the Head of the Ministry's Inspectorate.

4. Report to the Head of the Ministry's Inspectorate to resolve overlapping issues in inspection activities.

5. Recommend or submit to competent authorities for amendment or supplementation of policies and laws on specialized management; recommend competent authorities to suspend or revoke regulations found to be contrary to the law through inspection activities.

6. Temporarily halt illegal acts and impose administrative penalties in accordance with the law on inspections and administrative penalty enforcement.

7. Other tasks and powers as prescribed by law.

Article 15. Advisory units for specialized inspection work at agencies assigned to perform specialized inspection functions

1. The advisory unit for specialized inspection work at the Vietnam Highway Administration shall be organized as a Department; at the Vietnam Inland Waterway Administration, Civil Aviation Port Office, Maritime Port Office, Inland Waterway Port Office, it shall be organized as a Division; at the Vietnam Railway Administration, it shall be organized as a Division and a Team; at the Inland Waterway Branch, Road Management Authority in regions, it shall be organized as a Team.

2. The Minister of Transport shall stipulate the establishment, tasks, and powers of the advisory units for specialized inspection work.

Chapter

III

INSPECTION ACTIVITIES

Article 16. Inspection Content

1. Administrative Inspection:

The Ministry Inspectorate and the Department Inspectorate conduct inspections on compliance with policies, laws, and assigned tasks concerning the objects specified in Clause 1, Article 2 of this Decree.

2. Specialized Inspection:

a) The Ministry Inspectorate inspects compliance with legal provisions in the fields under the management of the Ministry of Transport.

b) The Department Inspectorate inspects compliance with legal provisions in the fields under the management of the Department of Transport.

c) Agencies assigned to perform specialized inspection functions carry out specialized inspections in the fields within their management scope according to the assignment of competent authorities:

The Vietnam Highway Administration and the Road Management Authority in regions inspect compliance with legal provisions on road transport.

The Vietnam Civil Aviation Administration and the Civil Aviation Port Office inspect compliance with legal provisions and international civil aviation agreements.

The Vietnam Maritime Administration and the Maritime Port Office inspect compliance with legal provisions and international maritime agreements.

The Vietnam Railway Administration inspects compliance with legal provisions on railway transport.

The Vietnam Inland Waterway Administration, Inland Waterway Branch, and Inland Waterway Port Office inspect compliance with legal provisions on inland waterway transport.

Article 17. Development and Approval of Inspection Plans

1. The Ministry Inspectorate bases on the requirements and tasks of the transportation sector to draft the Inspection Plan of the Transportation Sector and submit it to the Minister of Transport for guidance.

The Minister of Transport issues the Guidance on the Inspection Plan of the Transportation Sector before October 15 each year.

2. The Vietnam Highway Administration, Vietnam Railway Administration, Vietnam Inland Waterway Administration, Vietnam Civil Aviation Administration, and Vietnam Maritime Administration develop their own inspection plans and send them to the Ministry Inspectorate no later than November 1 each year. Based on the Inspection Program Orientation, the General Inspectorate of the Government's Guidance, the Minister of Transport, and management requirements, the Ministry Inspectorate compiles the inspection plan of the Ministry Inspectorate and the General Administration and Bureaus, and submits it to the Minister of Transport for approval.

The Minister of Transport approves the inspection plan of the Ministry Inspectorate, General Administration, and Bureaus no later than November 25 each year.

3. The Vietnam Highway Administration, Vietnam Inland Waterway Administration, Vietnam Civil Aviation Administration, and Vietnam Maritime Administration approve the inspection plan of the Port Office, Inland Waterway Branch, and Regional Road Management Authority no later than December 15 each year.

4. The Department Inspectorate develops an inspection plan and submits it to the Director of the Department of Transport no later than December 5 each year. The Director of the Department of Transport approves the Department Inspectorate's inspection plan no later than December 15 and sends it to the Ministry Inspectorate no later than December 25 each year.

5. Any adjustment to an approved inspection plan must be reported to the head of the competent authority for approval. The Minister of Transport specifies the details regarding adjustments to the inspection plan of the transportation sector.

Article 18. Handling Overlapping Activities in Inspection

1. If the inspection plan of a subordinate agency overlaps with that of a superior agency, it shall be implemented according to the inspection plan of the superior agency.

2. The Chief Inspector of the Ministry leads the resolution of overlapping areas, subjects, contents, and times of inspection among agencies assigned to perform specialized inspection functions; collaborates with the Chiefs of Inspectors of Ministries and equivalent ministries to resolve overlapping activities in transportation sector inspections with other ministry inspectors and equivalent ministries; collaborates with the Provincial Inspectors to resolve overlapping activities in transportation sector inspections with local inspectors; reports to the Minister of Transport for consideration and decision when necessary.

3. The Chief Inspector of the Department reports to the Chief Inspector of the Province to handle overlapping activities in inspections with local inspectors. In cases of overlap with agencies assigned to perform specialized inspection functions in the transportation sector, they cooperate to resolve the issue; report to the Chief Inspector of the Ministry for consideration and decision.

4. The Director of the Vietnam Highway Administration, Director of the Vietnam Civil Aviation Administration, Director of the Vietnam Maritime Administration, Director of the Vietnam Inland Waterway Administration, and Director of the Vietnam Railway Administration resolve overlapping issues of subordinate units under their management; coordinate with related units within the sector to resolve arising overlaps; report to the Chief Inspector of the Ministry for consideration and decision when necessary.

Article 19. Authority to Issue Inspection Decisions

1. The authority to issue administrative inspection decisions shall be implemented in accordance with Article 43 of the Law on Inspection and Article 19 of Decree No. 86/2011/NĐ-CP.

2. The authority to issue specialized inspection decisions and to assign inspectors and specialized inspection officials to conduct independent inspections according to plans:

a) The Minister decides to inspect and establish an Inspection Team to conduct inspections for complex cases involving the management responsibility of multiple agencies and units.

b) The Inspector General of the Ministry, the Inspector General of the Department, and the Heads of agencies assigned to perform specialized inspection functions issue inspection decisions and establish Inspection Teams.

For complex cases involving the management responsibility of multiple subordinate units, the Head of the agency assigned to perform higher-level specialized inspection functions issues inspection decisions and establishes Inspection Teams.

c) The Inspector General of the Ministry, the Inspector General of the Department, and the Heads of agencies assigned to perform specialized inspection functions assign inspectors and specialized inspection officials to conduct independent specialized inspections.

The assignment decision must clearly define the scope, tasks, and time limit for conducting inspections. When conducting independent inspections, inspectors must present their inspection cards; specialized inspection officials must present their specialized inspection official cards.

3. The authority to issue surprise inspection decisions:

a) Surprise inspections are conducted when signs of law violations are discovered; at the request of complaint resolution, accusation handling, anti-corruption measures, or upon the request of superiors.

b) For complex cases involving the management responsibility of multiple agencies and units, the Head of the state management agency issues a surprise inspection decision and establishes an Inspection Team to carry out inspection tasks.

c) The Inspector General of the Ministry, the Inspector General of the Department issues a surprise inspection decision and establishes an Inspection Team. The surprise inspection decision is sent to the head of the directly managed agency for reporting.

d) The Director of the Vietnam Highway Administration, the Director of the Civil Aviation Administration of Vietnam, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterways Administration, and the Director of the Vietnam Railway Administration issue a surprise inspection decision and establish an Inspection Team. The inspection decision must be sent to the Inspector General of the Ministry for reporting.

đ) The Directors of Marine Port Authorities, Air Port Authorities, Inland Waterway Port Authorities, Chiefs of Inland Waterway Branches, and Heads of Road Management Agencies in regions issue a surprise inspection decision and establish an Inspection Team. The inspection decision is sent to the Director-General and the Director for reporting; the Director-General and the Director consolidate and report to the Inspector General of the Ministry.

Article 20. Inspection Period

1. The inspection of the Ministry's Inspectorate and the Department's Inspectorate shall be carried out in accordance with Article 45 of the Law on Inspection and Articles 16 and 30 of Decree No. 07/2012/NĐ-CP.

2. Specialized inspections conducted by the Vietnam Highway Administration, the Civil Aviation Administration of Vietnam, the Vietnam Maritime Administration, the Vietnam Inland Waterways Administration, and the Vietnam Railway Administration shall not exceed 45 days, and may be extended in complex cases but not more than 70 days.

3. Specialized inspections conducted by Air Port Authorities, Marine Port Authorities, Inland Waterway Port Authorities, Inland Waterway Branches, and Regional Road Management Agencies shall not exceed 30 days, and may be extended in complex cases but not more than 45 days.

4. The period for independent specialized inspections for each inspected entity is five working days from the date of commencement of the inspection. If necessary, the person issuing the inspection decision may extend the inspection period, but the extension period shall not exceed five working days.

Article 21. Inspection Procedures

1. The inspection activities of the Ministry of Transport shall be carried out in accordance with the provisions of the Inspection Law, Decree No. 86/2011/NĐ-CP, Decree No. 07/2012/NĐ-CP, and other relevant provisions of this Decree.

2. Specialized transport inspection activities shall be conducted by the Inspection Team, inspectors, and specialized inspection officials.

3. The Minister of Transport shall issue the inspection procedures and administrative penalty regulations for specialized transport activities.

Article 22. Implementation of Inspection Conclusions

1. Within fifteen days from the date of issuance of the inspection conclusion or receipt of the inspection conclusion, the Minister, the head of the agency assigned to perform specialized inspection functions, and the Director of the Department of Transport shall be responsible for organizing and directing the implementation of the inspection conclusions.

2. The heads of state management agencies, heads of public service units, and legal representatives of enterprises that are the subjects of inspection shall be responsible for issuing disciplinary decisions against individuals who have committed violations as stated in the inspection conclusions, in accordance with the laws on cadres, civil servants, and employees or labor laws.

3. Agencies, organizations, and individuals responsible for handling violations mentioned in the inspection conclusions and decisions on handling inspections as stipulated in Clause 2 of this Article, if they fail to handle or handle untimely, will be subject to responsibility according to the law.

Article 23. Re-inspection

1. Authority for re-inspection:

a) The Chief Inspector of the Ministry decides to conduct a re-inspection of cases already concluded by the General Director of the Vietnam Highway Administration, the Director of the Vietnam Inland Waterway Administration, the Director of the Vietnam Railway Administration, the Director of the Vietnam Maritime Administration, and the Director of the Vietnam Civil Aviation Administration; re-inspection of cases concluded by provincial People's Committees within the scope and authority of state management of the Ministry of Transport but found to have signs of law violations upon assignment by the Minister of Transport.

b) The General Director and Directors decide to conduct a re-inspection of cases already concluded by subordinate agencies assigned to perform inspection functions but found to have signs of law violations.

2. The decision on re-inspection includes the contents prescribed in Clause 1 of Article 52 of the Inspection Law. At the latest three working days for specialized inspection activities, five days for administrative inspection activities, from the date of signing the re-inspection decision, the person issuing the re-inspection decision must send the re-inspection decision to the person who signed the original inspection conclusion and the subject of re-inspection.

3. The basis for re-inspection, the statute of limitations for re-inspection, the time limit for re-inspection, the duties and powers of the person issuing the re-inspection decision, the head of the re-inspection team, members of the re-inspection team, reporting the results of re-inspection, and the re-inspection conclusion shall be implemented in accordance with the Inspection Law, Decree No. 86/2011/NĐ-CP, and Decree No. 07/2012/NĐ-CP.

4. The re-inspection conclusion of the Chief Inspector of the Ministry shall be sent to the Minister of Transport and the Government Inspectorate. The re-inspection conclusion of the General Director and Directors shall be sent to the Ministry Inspectorate for reporting.

Article 24. Information and Reporting System

1. The Inspector General of the Ministry shall aggregate and report to the Minister of Transport and the Chief Inspector of the Government on inspection work; complaint and denunciation resolution work, anti-corruption work within their scope of responsibility.

2. The Vietnam Highway Administration, the Vietnam Railway Administration, the Vietnam Inland Waterway Administration, the Vietnam Civil Aviation Administration, and the Vietnam Maritime Administration shall aggregate and report to the Inspector General of the Ministry on specialized inspection work, administrative penalty enforcement; complaint and denunciation resolution work, anti-corruption work within their scope of responsibility.

3. Airports, maritime ports, inland waterway ports, inland waterway management agencies, and road management agencies at the provincial level shall aggregate and report to the Heads of the Vietnam Highway Administration and the relevant Bureaus on specialized inspection work, administrative penalty enforcement; complaint and denunciation resolution work, anti-corruption work within their scope of responsibility; they shall also report to the Inspector General of the Ministry when requested by the Inspector General of the Ministry.

4. The Inspector General of the Department shall report to the Inspector General of the province, the Director of the Department of Transport, and the Inspector General of the Ministry on inspection work, complaint and denunciation resolution work, anti-corruption work within their scope of responsibility.

Chapter

IV

INSPECTORS, SPECIALIZED TRANSPORT INSPECTION OFFICERS AND

TRANSPORT INSPECTION ASSISTANTS

Article 25. Inspectors in the Transport Sector

1. Inspectors in the transport sector are civil servants of the Inspectorate of the Ministry, the Inspectorate of the Vietnam Civil Aviation Administration, the Inspectorate of the Vietnam Maritime Administration, the Inspectorate of the Department, appointed to the inspector rank to perform inspection tasks and other tasks assigned by the Inspector General of the Ministry, the Inspector General of the Vietnam Civil Aviation Administration, the Inspector General of the Vietnam Maritime Administration, and the Inspector General of the Department.

2. Inspectors in the transport sector must meet the criteria stipulated in Clause 1 of Article 32 of the Inspection Law, Articles 6, 7, and 8 of Decree No. 97/2011/ND-CP dated October 21, 2011 of the Government on inspectors and inspection assistants, and specific professional criteria as prescribed by the Minister of Transport.

3. Inspectors in the transport sector have duties and powers as prescribed by laws on inspection, laws on transport, and related international treaties; they must compel the cessation of administrative violations through professional measures as prescribed by law.

Article 26. Specialized Transport Inspection Officers

1. Those assigned to perform specialized inspection tasks are civil servants under the establishment of the agency specified in Clause 2 of Article 4 of this Decree, directly assigned by the head of the managing agency to perform specialized inspection tasks (hereinafter referred to as specialized transport inspection officers).

Specialized transport inspection officers must meet the conditions and criteria stipulated in Article 12 of Decree No. 07/2012/ND-CP and specific regulations of the Minister of Transport.

2. Specialized transport inspection officers shall be provided with uniforms, inspection officer identification cards, and allowances when performing inspection tasks.

3. When conducting inspections, specialized transport inspection officers must present their inspection officer identification cards, business cards (if applicable), and may impose administrative penalties according to the law; if exceeding authority, they must report to those with authority for review and decision.

4. The Minister of Transport shall specify detailed criteria; procedures and formalities for recognizing specialized transport inspection officers; uniforms, and identification cards for specialized transport inspection officers.

Article 27. Inspectors

1. Inspectors of the Ministry of Transport are civil servants or employees with expertise and experience who are summoned by the Inspectorate of the Ministry, the Inspectorate of the Civil Aviation Administration of Vietnam, the Inspectorate of the Vietnam Maritime Administration, and the Inspectorate of the Department to participate in inspection teams.

2. Inspectors of the Ministry of Transport must have moral integrity, a sense of responsibility, honesty, impartiality, objectivity, knowledge of inspection procedures, and relevant professional qualifications that meet the requirements and tasks of the inspecting agency.

3. Inspectors of the Ministry of Transport shall perform duties, rights, and responsibilities as prescribed by law.

4. The Minister of Transport shall issue regulations on inspectors of the Ministry of Transport.

Chapter

V

RESPONSIBILITIES OF ORGANIZATIONS, ENTITIES, AND INDIVIDUALS IN INSPECTION ACTIVITIES IN THE TRANSPORT SECTOR

Article 28. Responsibilities of the Minister of Transport

1. Lead and direct inspection activities within the scope of management of the Ministry of Transport.

2. Approve the annual inspection plans of the Ministry of Transport, the General Department of Vietnam Roads, the Vietnam Railway Administration, the Vietnam Inland Waterways Administration, the Civil Aviation Administration of Vietnam, and the Vietnam Maritime Administration.

3. Timely address conclusions and recommendations regarding inspection work.

4. Strengthen organizational structure; allocate competent and morally sound staff for transport inspection work; organize and direct to ensure funding, equip material and technical facilities, uniforms, and other operational conditions for the Inspectorate of the Ministry of Transport.

5. Regularly request subordinate inspection agencies to report and periodically report to higher-level state management agencies on inspection work. Timely address difficulties and issues related to inspection work; handle overlapping issues in inspection activities within their jurisdiction.

6. Other responsibilities as prescribed by law.

Article 29. Responsibilities of the Chairman of the Provincial People's Committee

1. Direct the Department of Transport to take the lead and coordinate with the Department of Personnel and Administrative Affairs to develop proposals for strengthening the organization and operation of the Departmental Inspectorate to ensure effective and efficient operations.

2. Direct the implementation of organizational restructuring, staffing, equipping material and technical facilities, uniforms, and operational funding for the Departmental Inspectorate according to the proposal of the Department of Transport Director.

3. Issue regulations on cooperation with relevant functional agencies to ensure the effective and efficient operation of the Departmental Inspectorate within its jurisdiction.

4. Invest in material and technical facilities to ensure the effective and efficient operation of the Departmental Inspectorate.

Article 30. Responsibilities of the Director of the Department of Transport

1. Lead and direct inspection activities within the scope of management of the Department of Transport.

2. Take the lead and coordinate with the Department of Personnel and Administrative Affairs to develop proposals for organizational restructuring and staffing of the Departmental Inspectorate, to be decided by the Chairman of the Provincial People's Committee.

3. Fulfill responsibilities as stipulated in Clauses 2, 3, 4, 5, and 6 of Article 28 of this Decree within the scope of management of the Department of Transport.

Article 31. Coordination Responsibilities between Inspection Agencies in the Transport Sector and Other Agencies and Organizations

1. In planning inspection activities:

a) The Inspectorate of the Ministry shall coordinate with the Inspectorates of relevant ministries and sectors to plan inspections; plan inter-sector inspections as prescribed by law;

b) The Vietnam Maritime Administration shall coordinate with the Vietnam Inland Waterways Administration, maritime port authorities shall coordinate with inland waterway port authorities to plan inspections concerning matters related to vessel operations, shipping channels, inland waterway routes, and traffic safety management within their jurisdiction;

c) The General Department of Vietnam Roads shall coordinate with the Vietnam Railway Administration to plan inspections concerning matters related to road intersections with railways, shared road-rail bridges;

d) The General Department of Vietnam Roads, the Vietnam Railway Administration, the Vietnam Inland Waterways Administration, and the General Administration of Public Security shall coordinate to plan inter-sector inspections and checks concerning matters related to traffic safety management on roads, railways, and inland waterways when required;

đ) The Department of Transport and the provincial police shall coordinate and direct the planning of inter-sector inspections and checks concerning local transportation safety management.

2. During inspection activities:

a) Inspection agencies in the transport sector shall cooperate with each other to conduct inspections according to plans or at short notice when there are related contents; cooperate with other agencies and units in the area to resolve issues related to inspection contents;

b) The Departmental Inspectorate shall be responsible for coordinating and sending personnel to participate in inspection teams established by the Inspectorate of the Ministry or the Minister upon request;

c) Agencies within the transport sector shall promptly provide accurate information and documents as requested by transport inspection agencies to support inspection activities; assist the Minister of Transport in timely reviewing and handling violations discovered through inspection work;

d) When the agency performing transport inspection functions conducts inspections at airports, seaports, inland waterway ports, and international border gates, security forces, customs, border guards, immigration, and other related forces shall cooperate with the inspection team or inspector, specialized inspection officials, and inspection assistants when requested to serve the purpose of verifying evidence, preventing illegal acts in a timely manner; handle illegal acts on-site according to the law;

đ) The Chairmen of the People's Committees at the provincial, district, and commune levels shall be responsible for receiving administrative violation files from the agency performing transport inspection functions, transferring them to the appropriate authority for processing, and responding in writing about the results of the processing.

e) The agency assigned to perform the specialized inspection function for roadways and railways, and the Department Inspection Units shall cooperate with People's Committees at all levels in combating encroachment and clearing violations within the safety zones of roadways and railways;

g) Public Security organs and People's Committees at all levels shall be responsible for cooperating in implementing the compulsory enforcement decisions of the agencies performing the transportation inspection functions when requested according to the provisions of the law;

3. In organizational work and force building:

a) The Department of Civil Service Management and Supervision shall cooperate with the Department of Transportation to develop a proposal to improve the organizational structure and staffing of the Department of Transportation Inspection;

b) The Department of Finance and the Department of Planning and Investment shall cooperate with the Department of Transportation to submit proposals to the competent authority for investment in material and technical infrastructure to support transportation inspection activities;

4. The responsibilities and rights of inspected entities and related organizations and individuals shall be implemented in accordance with Article 10 of the Inspection Law;

Chapter

VI

EQUIPMENT, FLAGS, MATERIAL AND TECHNICAL INFRASTRUCTURE, AND ASSISTANCE TOOLS OF TRANSPORTATION INSPECTION

FOR THE TRANSPORTATION SECTOR

Article 32. Equipment, Flags

1. Transportation inspection has its own flags, uniforms, insignia, badges, and signs.

2. The Minister of Transport shall coordinate with the General Inspector of the Government to establish regulations on flags, uniforms, and badges for transportation inspection organizations.

Article 33. Means of Transport and Material and Technical Infrastructure

1. Transportation inspection shall be provided with office space, material and technical infrastructure, means of transport, and specialized equipment to serve inspection, administrative penalty enforcement, and other related tasks.

2. The Minister of Transport shall specify regulations on specialized means of transport and material and technical infrastructure for transportation inspection.

Article 34. Assistance Tools

Directly involved forces in specialized transportation inspection shall be equipped and allowed to use assistance tools to serve inspection, administrative penalty enforcement, and compulsory execution of administrative penalty decisions.

Chapter

VII

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Decree takes effect from September 28, 2013, replacing Decree No. 136/2004/NĐ-CP dated June 16, 2004 of the Government on the organization and operation of transportation inspection.

Article 36. Responsibility for Implementation

1. The Minister of Transport shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal People's Committees directly under the Central Government, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.