Decree No. 64/2016/ND-CP amending and supplementing some articles of Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure

DECREE

Amending and supplementing some articles of Decree No. 11/2010/NĐ-CPdated February 24, 2010 of the Government on management and protection of road traffic infrastructureof Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure.

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to the Road Traffic Law 2008 dated November 13, 2008;

At the proposal of the Minister of Transport;

The Government issues this Decree amending and supplementing some articles of "Article 12. Conditions for operating traffic safety inspection services

Article 1. Amending and supplementing some articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure

1. Models

1. Individuals participating in traffic safety inspections (hereinafter referred to as inspectors) must have valid traffic safety inspection certificates issued by the Vietnam Highway Administration.

2. Individuals holding the position of Head of Traffic Safety Inspection, in addition to meeting the conditions stipulated in Clause 1 of this Article, must also meet one of the following conditions:

a) Holding the position of Project Design Leader for at least three road projects;

b) Having a bachelor's degree or higher in civil engineering with at least seven years of experience in road project design;

c) Having a bachelor's degree or higher in transportation engineering (civil engineering, road transport) with at least ten years of experience in fields such as traffic management, road transport, road construction, road maintenance, including participation in traffic safety measures for at least three road projects."

3. Consulting contractors conducting traffic safety inspections must meet the following conditions:

a) For national key projects, group A and group B projects, there must be at least ten inspectors; among them, at least four civil engineers, one transport engineer, and at least one person qualified to serve as the Head of Traffic Safety Inspection;

b) For group C projects and operational road projects, there must be at least five inspectors; among them, at least one civil engineer, one transport engineer, and at least one person qualified to serve as the Head of Traffic Safety Inspection."

2. Supplementing Article 12a, Article 12b, Article 12c, Article 12d, Article 12đ, Article 12e, and Article 12g after Article 12 as follows:

"Article 12a. Conditions for training institutions providing traffic safety inspector training

a) Ensuring classrooms with appropriate scale and facilities suitable for the number of trainees; classroom area must be at least 1.5 square meters per seat;

1. Must be an organization established in accordance with the provisions of the law.

2. Regarding material facilities

b) Having teaching aids and equipment that meet the requirements for teaching and learning.

b) Instructor standards according to Clause 1 of Article 12c of this Decree.

3. Regarding the teaching staff

a) Having a number of full-time teachers responsible for teaching at least 40% of the topics in the framework training program for traffic safety auditors;

4. Regarding teaching materials

a) Teaching materials must be printed and bound into volumes along with test questions for the traffic safety inspector training program;

b) The content of teaching materials must comply with the framework training program for traffic safety inspectors as prescribed by the Ministry of Transport.

5. Regarding training management

a) Having a management system capable of meeting professional and operational requirements to organize training courses, store student records, and related training documentation;

b) Having a course supervisor with at least five years of experience in organizing refresher courses, seminars, or specialized vocational training in transportation fields.

6. Receiving approval from the Vietnam Highway Administration for the establishment of a traffic safety inspector training institution (hereinafter referred to as Approval Certificate)."

6. Issued a Certificate of Approval for a traffic safety inspector training institution on roadways (hereinafter referred to as the Certificate of Approval) by the General Department of Vietnam Roads.

Article 12b. Procedure and formalities for approving traffic safety inspector training institutions (hereinafter referred to as training institutions)

1. The application dossier for approval of a training institution shall be established in one set, including:

a) A letter requesting approval of a traffic safety inspector training institution according to the model prescribed in Appendix 6 of this Decree;

b) Business registration certificate or document stipulating functions and tasks or Decision on establishment issued by the competent authority according to the provisions of the law (certified copy or copy with original for verification);

c) Declaration on material facilities;

d) List of lecturers and managers (with declaration of professional qualifications and practical experience in occupational activities) accompanied by copies of teaching contracts or labor contracts;

đ) Teaching program and materials (draft).

2. In case the Approval Certificate for traffic safety inspector training institutions is lost or damaged, the training institution shall prepare an application dossier for reissue including:

a) A letter requesting reissue of the Approval Certificate for traffic safety inspector training institutions according to the model prescribed in Appendix 7 of this Decree;

b) Old Approval Certificate (in case of damage).

3. Procedure and method for implementing the approval procedure for training institutions and reissuance of the Approval Certificate for training institutions:

a) Organizations with needs submit the dossier directly or through the postal system to the Vietnam Highway Administration;

b) The Vietnam Highway Administration receives and checks the dossier: For cases submitted directly, after checking the dossier components, if they comply with regulations, the dossier will be accepted immediately; if not in compliance, the organization (represented by an individual) will be directly guided to complete the dossier; For cases submitted through the postal system, if the dossier is incomplete according to regulations, at the latest within two working days from the date of receipt, a written guidance must be provided to the organization (which has submitted the dossier) to complete the dossier.

c) The Vietnam Highway Administration conducts an assessment of the dossier, if it meets the conditions, issues the Approval Certificate or reissues the Approval Certificate for traffic safety inspector training institutions. In case of non-approval or non-reissuance of the Approval Certificate, a written response must be provided with clear reasons.

4. The time limit for processing the approval procedure for training institutions is 10 working days from the date of receiving the complete dossier as prescribed. The time limit for processing the reissuance procedure for the Approval Certificate for training institutions is seven working days from the date of receiving the complete dossier as prescribed. The model of the Approval Certificate for traffic safety inspector training institutions is prescribed in Appendix 1 of this Decree.

5. The list of traffic safety inspector training institutions is publicly disclosed on the website of the Ministry of Transport and the Vietnam Highway Administration.

Article 12c. Lecturers and students participating in traffic safety inspector training

1. Lecturers participating in teaching traffic safety inspector training must meet one of the following criteria:

a) Meeting the conditions to hold the position of Head of Traffic Safety Inspection;

b) Having a bachelor's degree or higher in transportation engineering and at least ten years of experience in the fields of teaching traffic safety, state management of traffic safety, drafting legal documents on traffic safety.

2. Students must ensure the following conditions:

a) Being a Vietnamese citizen or a foreigner permitted to reside or work, study in Vietnam;

b) Having civil capacity; being in good health;

c) Having a bachelor's degree or higher in road engineering and at least three years of experience in road design; or having a bachelor's degree or higher and at least five years of experience in the fields of traffic management, road transport, road construction, and road maintenance.

Article 12d. Issuance of Road Traffic Safety Inspectors' Certificates

1. The Road Traffic Safety Inspector's Certificate (hereinafter referred to as the certificate) shall be issued and managed uniformly nationwide by the Vietnam Highway Administration; the certificate format shall comply with the provisions set out in Appendix 2 of this Decree. The certificate has a validity period of five years from the date of issuance, except in cases of reissuance.

2. The application dossier for issuing the certificate shall be established by the training institution in one copy, including:

a) A request for issuance of the certificate according to the model prescribed in Appendix 3 of this Decree;

b) The decision recognizing the examination results of trainees participating in the training course;

c) Two color photographs of each trainee requesting the certificate (size 4 cm x 6 cm, blue background, ID card style, taken within six months).

3. Procedures and methods for implementing the certificate issuance process:

a) Training institutions with needs shall submit the dossier directly or through the postal system to the Vietnam Highway Administration;

b) The Vietnam Highway Administration shall accept and review the dossier: In the case of direct submission, after reviewing the dossier components, if they comply with regulations, the dossier will be accepted immediately; if they do not comply with regulations, the training institution will be directly guided to complete the dossier; In the case of submission through the postal system, if the dossier is incomplete according to regulations, the administration must issue a written guidance document for the training institution to complete the dossier within two working days from the date of receipt of the dossier.

c) The Vietnam Highway Administration shall conduct a review of the dossier, and if the conditions are met, issue the certificate to each trainee (with satisfactory examination results) listed in the request of the training institution. If the certificate is not issued, a written response must be provided with clear reasons stated.

4. The processing time for the certificate issuance procedure is fifteen working days from the date all required dossiers are received.

5. The list of Road Traffic Safety Inspectors who have been issued certificates shall be publicly disclosed on the Ministry of Transport’s electronic portal and the Vietnam Highway Administration’s website.

Article 12đ. Reissuance of Road Traffic Safety Inspectors' Certificates

1. Conditions for reissuing the Road Traffic Safety Inspector's Certificate:

a) During the validity period of the certificate, the inspector must participate in at least three projects involving traffic safety inspections, evaluations, design, approval, and handling of black spots and potential accident points.

b) The reissuance of the certificate shall be carried out within one to three months before the expiration of the certificate's validity period.

2. The application dossier for reissuing the certificate shall be established by the individual in one copy, including:

a) An application for reissuance of the certificate according to the model prescribed in Appendix 4 of this Decree;

b) A statement of experience in traffic safety inspections, evaluations, design, approval, and handling of black spots and potential accident points during the validity period of the certificate being reissued; the statement shall follow the model prescribed in Appendix 5 of this Decree.

3. Procedures and methods for implementing the reissuance process:

a) Individuals with needs shall submit the dossier directly or through the postal system to the Vietnam Highway Administration;

b) The Vietnam Highway Administration shall accept and review the dossier: In the case of direct submission, after reviewing the dossier components, if they comply with regulations, the dossier will be accepted immediately; if they do not comply with regulations, the individual will be directly guided to complete the dossier; In the case of submission through the postal system, if the dossier is incomplete according to regulations, the administration must issue a written guidance document for the individual to complete the dossier within two working days from the date of receipt of the dossier.

c) The Vietnam Highway Administration shall conduct a review of the dossier, and if the conditions are met, reissue the certificate. If the certificate is not reissued, a written response must be provided with clear reasons stated.

4. The processing time for the reissuance procedure is ten working days from the date all required dossiers are received.

5. The reissued certificate has a validity period of five years from the date of reissuance.

Article 12e. Reissuing Traffic Safety Auditors' Certificates

1. Within the validity period of the certificate, except for cases where the certificate is revoked according to Clause 2 of Article 12g, a traffic safety auditor may have their certificate reissued if the certificate is lost or damaged.

2. The application dossier for reissuing the certificate shall be prepared by the individual in one set, including:

a) An application form for reissuing the certificate in accordance with the model prescribed in Appendix 4 of this Decree;

b) The old certificate (in case it is damaged).

3. Procedures and methods for reissuing the certificate:

a) Individuals with needs shall submit the dossier directly or through the postal system to the Vietnam Highway Administration;

b) The Vietnam Highway Administration receives and examines the dossier:

For direct submission: After examining the components of the dossier, if it complies with regulations, the dossier will be accepted immediately; if it does not comply with regulations, the person submitting the dossier will be directly guided to complete the dossier;

For submission through the postal system: If the dossier is incomplete according to regulations, within the latest two working days from the date of receiving the dossier, a written guidance must be issued to the person submitting the dossier to complete the dossier.

c) The Vietnam Highway Administration conducts an assessment of the dossier; if the conditions are met, the certificate will be reissued. In case the certificate is not reissued, a written response must be provided with clear reasons stated.

4. The time limit for processing the reissuance procedure is five working days from the date all required documents are received.

5. The reissued certificate has the same validity period as the original certificate.

Article 12g. Revocation of Approval Certificate for Training Institutions and Traffic Safety Auditors' Certificates

1. The approval certificate shall be revoked in any of the following cases:

a) The training institution conducts traffic safety auditor training outside the framework program issued by the Ministry of Transport;

b) The training institution certifies examination results for individuals who did not attend the traffic safety auditor training course;

c) Within three years from the date of issuance of the approval certificate, the training institution does not conduct traffic safety auditor training.

2. The certificate shall be revoked in any of the following cases:

a) The certificate is altered, erased, or tampered with;

b) It is rented out or lent for unauthorized use;

c) Dishonesty is discovered in the student's registration dossier regarding the student's qualifications;

d) Issued in cases where the training institution violates the provisions at Point a and Point b of Clause 1 of this Article.

3. The competent authority issuing the approval certificate and the certificate shall carry out the revocation of the approval certificate and the certificate.

The decision to revoke the approval certificate shall be sent to: The training institution, the superior administrative body managing the training institution (if any), and published on the electronic portal of the authority issuing the approval certificate.

The decision to revoke the certificate shall be sent to: The individual whose certificate is revoked, the training institution, the administrative body managing the individual whose certificate is revoked (if any), and published on the electronic portal of the authority issuing the certificate.

4. Organizations, entities, and individuals responsible for detecting and reporting violations.

3. Appendices 1, 2, 3, 4, 5, 6, and 7 (attached to this Decree) are added to Decree No. 11/2010/NĐ-CP dated February 24, 2010, of the Government.

Article 2. Transitional Provisions

1. Organizations that have been authorized by the competent authority to issue approval certificates for traffic safety auditor training institutions before the effective date of this Decree may continue to operate traffic safety auditor training according to the term specified on the approval certificate. When the term on the approval certificate expires, they must meet the conditions and complete the procedures for approving traffic safety auditor training institutions as stipulated in this Decree.

2. Traffic safety auditor certificates issued by the competent authority before the effective date of this Decree remain valid according to the term specified on the certificate and can be renewed or reissued in accordance with this Decree.

Article 3. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from July 1, 2016.

2. Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally-administered cities, and related organizations and individuals are responsible for implementing this Decree./.