Circular No. 68/2013/TT-BGTVT on inspectors, specialized traffic inspection officials, and traffic inspection collaborators

CIRCULAR

REGULATIONS ON INSPECTORS, SPECIALIZED INSPECTION OFFICERS

and cooperating inspectors in the transportation sector

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Based on the Inspection Law dated November 15, 2010;

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

Decree No. 92/2014/NĐ-CP dated October 8, 2014 of the Government amending Clause 1, Article 16 of Decree No. 97/2011/NĐ-CP dated October 21, 2011 of the Government stipulating inspectors and inspection collaborators;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 57/2013/NĐ-CP dated May 31, 2013 of the Government on the organization and operation of inspection in the Transportation Sector;

At the proposal of the Inspector General of the Ministry of Transport;

The Minister of Transport issues this Circular stipulating the inspector, specialized transport inspection civil servant, and cooperating inspector in the Transportation Sector,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the construction of the inspection force in the Transportation Sector; standards, procedures for appointing and issuing inspection cards for inspectors in the Transportation Sector (hereinafter referred to as inspectors); standards, procedures for recognizing specialized transport inspection civil servants (hereinafter referred to as specialized transport inspection civil servants) and issuing specialized transport inspection civil servant cards in the Transportation Sector (hereinafter referred to as specialized transport inspection civil servant cards); standards, procedures for summoning cooperating inspectors in the Transportation Sector (hereinafter referred to as cooperating inspectors) and issuing traffic inspection cards (hereinafter referred to as traffic inspection cards).

Article 2. Applicability

This Circular applies to central and local state management agencies in the field of transportation, agencies entrusted with specialized inspection functions, state inspection organizations in the Transportation Sector, inspectors, specialized transport inspection civil servants, cooperating inspectors, and related organizations and individuals.

Chapter II

CONSTRUCTION OF THE INSPECTION FORCE IN THE TRANSPORTATION SECTOR

TRANSPORT SECTOR

Article 3. Determination of job positions and civil service grade structure

1. The Head of the Inspectorate of the Ministry of Transport (hereinafter referred to as the Head of the Inspectorate of the Ministry), the Head of the Inspectorate of the Civil Aviation Administration of Vietnam (hereinafter referred to as the Head of the Inspectorate of the Civil Aviation Administration), the Head of the Inspectorate of the Vietnam Maritime Administration (hereinafter referred to as the Head of the Inspectorate of the Vietnam Maritime Administration), the Head of the Inspectorate of the Department of Transport (hereinafter referred to as the Head of the Inspectorate of the Department) shall be responsible for establishing job positions and determining the civil service grade structure, submitting to the competent authority for approval as the basis for recruitment, deployment, utilization, appointment, training, and upgrading of inspectors and civil servants engaged in inspection work.

2. The head of the agency entrusted with specialized inspection functions shall establish job positions as the basis for deployment, recruitment, and training and upgrading of specialized transport inspection civil servants.

Article 4. Recruitment, deployment, and utilization of civil servants

1. Recruitment

a) Recruitment of civil servants for inspection work must be based on job positions and assigned tasks; civil servants who do not meet the required professional qualifications under the law and this Circular shall not be recruited.

b) Priority shall be given to recruiting those who have been trained at universities in the fields specified in Articles 7 and 10 of this Circular, achieving good or excellent academic results; possessing proficient English language skills and effectively applying information technology in management.

c) For civil servants engaged in specialized aviation and maritime inspection work, priority shall be given to recruiting those who have been trained in aviation and maritime fields abroad.

d) The recruiting agency may supplement conditions as appropriate to the specific characteristics of the industry and professional structure within the Transportation Sector's inspection activities. Any supplementary conditions must not contravene the Law on Cadres and Civil Servants, guiding documents issued by competent state authorities, and this Circular.

2. Deployment and Utilization

a) Each inspection team of the Inspectorate of the Department of Transport (hereinafter referred to as the Inspectorate of the Department) must deploy at least two inspectors.

b) Advisory units for specialized inspection work (excluding the Inspectorate of the Vietnam Maritime Administration and the Inspectorate of the Civil Aviation Administration) must deploy specialized transport inspection civil servants to perform advisory work and conduct specialized inspections. Specifically, the advisory unit in the road, railway, and inland waterway sectors must deploy at least two specialized transport inspection civil servants.

c) Agencies performing inspection functions in the Transportation Sector may enter into labor contracts to carry out service-related tasks such as driving, security, cleaning, vehicle parking, and similar tasks as prescribed by the Government.

Article 5. Appointment to Positions

1. The appointment and reappointment of positions from deputy team leader upwards must, in addition to the criteria stipulated by relevant laws, be individuals with a bachelor's degree or higher in a specialized field as specified in Articles 7 and 9 of this Circular.

2. Priority shall be given to the appointment and reappointment of positions within the traffic inspection force for those who have been appointed to the rank of inspector or recognized as traffic inspectors.

3. The authority, procedures for appointment, reappointment, resignation, and removal of positions within the traffic inspection organization of the Ministry of Transport shall be carried out according to the provisions of the law and the hierarchical management regulations of the competent authority.

Article 6. Training, Re-training, and Professional Refresher Courses

1. Inspectors, traffic inspectors, and staff engaged in inspection work must undergo training, retraining, or knowledge updates according to the specialized inspection training program of the Project "Strengthening Personnel and Equipment for Traffic Inspection Forces," approved by Decision No. 321/QĐ-TTg dated March 5, 2010 of the Prime Minister.

2. Inspectors and traffic inspectors shall be prioritized and provided conditions to study and improve their professional qualifications; they may participate in training, refresher courses, and professional workshops both domestically and internationally.

3. Priority shall be given to training young civil servants, civil servants working in remote areas, and those with the ability to study and develop.

Chapter III

STANDARDS FOR INSPECTORS AT ALL LEVELS; PROCEDURES FOR APPOINTMENT AND APPLICATION FOR INSPECTOR CARDS

AND APPLICATION FOR INSPECTOR CARDS

Article 7. Standards for Inspector Ranks at All Levels

1. General Standards for Inspector Ranks

Inspectors at all levels must meet the general standards prescribed in 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 Collaborators (hereinafter referred to as Decree No. 97/2011/ND-CP).

2. Specialized Standards for Inspectors in the Transport Industry

In addition to the general standards stipulated in Clause 1 of this Article, specialized inspectors in the transport industry must also meet the following standards:

a) Hold a bachelor's degree or higher (or equivalent to a bachelor's degree for officers transferring from the People's Armed Forces) in one of the following fields: transport, construction, architecture, mechanical engineering, information technology, telecommunications, law, economics, finance;

b) Have at least two years of experience in transport inspection work;

c) Possess an English language certificate at level C or higher (for Inspectors of the Vietnam Civil Aviation Authority and the Vietnam Maritime Administration).

3. Specialized Standards for Senior Inspectors in the Transport Industry

In addition to the general standards stipulated in Clause 1 of this Article, senior inspectors in the transport industry must also meet the following standards:

a) Hold a bachelor's degree or higher (or equivalent to a bachelor's degree for officers transferring from the People's Armed Forces) in one of the following fields: transport, construction, architecture, mechanical engineering, information technology, telecommunications, law, economics, finance;

b) Have at least two years of experience in transport inspection work.

4. Senior Inspectors in the transport industry shall be implemented according to the general regulations of the Government.

Article 8. Authority and Procedures for Appointing and Removing Inspectors at All Levels; Procedures for Applying for New, Renewal, and Replacement Inspector Cards

1. The authority to appoint and remove inspectors, senior inspectors, and senior inspectors; and the procedures for issuing new, renewing, and replacing Inspector Cards shall be carried out according to the general regulations of the Government and guidelines of the State Inspector General.

2. The Chief Inspector of the Ministry shall review and compile a list and submit a written request to the State Inspector General for the issuance of new, renewal, and replacement Inspector Cards for the Inspectorate of the Ministry of Transport (hereinafter referred to as the Inspectorate of the Ministry), the Inspectorate of the Vietnam Civil Aviation Authority, and the Inspectorate of the Vietnam Maritime Administration.

Chapter IV

STANDARDS FOR TRAFFIC INSPECTORS; PROCEDURES FOR RECOGNITION AND ISSUANCE OF TRAFFIC INSPECTOR CARDS

RECOGNITION AND ISSUANCE OF INSPECTION OFFICIAL STAFF CARDS

Article 9. Standards for Inspectors

Inspectors are state civil servants recognized as specialized inspectors in roadways, inland waterways, railways, aviation, and maritime sectors by the General Department Director or the Department Director pursuant to this Circular.

In addition to the general standards stipulated in Clause 1, Article 12 of Decree No. 07/2012/ND-CP, inspectors must also meet the following additional standards:

1. Aviation Inspectors

a) Hold a bachelor's degree or higher in technical fields related to aviation safety and security;

b) Possess a specialized inspection business certificate in transportation;

c) Have an English language proficiency certificate at level C or higher;

d) Have at least five years of experience in professional work within the assigned inspection sector.

2. Maritime Inspectors

a) Hold a bachelor's degree or higher in technical fields related to the maritime sector;

b) Possess a specialized inspection business certificate in transportation;

c) Have an English language proficiency certificate at level C or higher;

d) Have at least five years of experience in professional work within the assigned inspection sector.

3. Roadway, Railway, and Inland Waterway Inspectors

a) Inspectors under the Vietnam Highway Administration, Vietnam Railway Administration, Vietnam Inland Waterway Administration, Inland Waterway Inspection Sub-Department, Inland Waterway Port Inspection Department under the Vietnam Inland Waterway Administration, and Highway Management Departments under the Vietnam Highway Administration (excluding cases specified in point b of this clause) must hold a bachelor's degree or higher in fields such as transportation, construction, architecture, mechanical engineering, information technology, telecommunications, law, economics, and finance;

b) Inspectors assigned to the planning department must hold a college-level professional degree or higher in one of the following fields: transportation, construction, architecture, mechanical engineering, information technology, telecommunications, or law;

c) Possess a specialized inspection business certificate in transportation;

d) Have at least two years of professional experience in the assigned inspection sector (excluding probationary period).

Article 10. Authority and Procedures for Recognizing Inspectors

1. The head of the agency or unit directly managing the civil servant shall review and select civil servants meeting the standards set forth in this Circular, and submit a written proposal to the General Department Director or the Department Director for consideration and issuance of a decision recognizing specialized inspectors.

2. Every six months annually, the Vietnam Highway Administration, Vietnam Railway Administration, Vietnam Inland Waterway Administration, Civil Aviation Administration, and Vietnam Maritime Administration shall compile changes in the number of recognized specialized inspectors and report them to the Ministry Inspectorate.

3. The application dossier for recognizing inspectors includes:

a) A written proposal for recognizing inspectors from the head of the agency or unit directly managing the civil servant;

b) A brief profile list of proposed inspectors according to Model No. 1 of Appendix III of this Circular;

c) A curriculum vitae according to Model 2C-BNV/2008 issued with Decision No. 02/2008/QĐ-BNV dated October 6, 2008, of the Minister of Home Affairs on the issuance of model forms for personnel management files, confirmed by the head of the direct managing and using agency;

d) Appointment decision to the civil service rank (a certified copy from the issuing agency);

đ) Professional certificates and diplomas consistent with the inspector standards stipulated in this Circular (certified copies).

4. The recognition decision for inspectors must include the following basic information:

a) Basis for issuing the decision, the submission document from the civil servant management agency;

b) Full name, civil service rank, current position, inspection field, full-time or part-time inspection role.

5. Decision to terminate recognition as an inspector

The decision to terminate recognition as a specialized inspector shall be made in the following circumstances:

a) The civil servant is disciplined with dismissal or termination;

b) The civil servant transfers to an agency not assigned to perform specialized inspection functions; retires, dies, or goes missing;

c) Is unable to perform duties due to health reasons.

d) Other cases as prescribed by law.

Article 11. Inspection Official Card

1. The Inspection Official Card shall be issued to inspection officials for use when performing specialized inspection tasks, preparing records, and imposing administrative penalties in accordance with the law.

It is strictly prohibited to use the Inspection Official Card for other purposes.

2. Model of the Inspection Official Card

a) Size: Width 61 mm, length 87 mm;

b) Color and design: Front side red; back side light pink, with embedded blue patterns to prevent counterfeiting;

c) Content on the Inspection Official Card shall be presented in the Vietnamese Unicode font according to Vietnam Standard TCVN 6909:2001;

d) Content on the front side of the Inspection Official Card: National emblem, national insignia, and the name "INSPECTION OFFICIAL CARD";

Below the Vietnamese text is the English text, the English text being smaller than the Vietnamese text "SPECIALIZED TRANSPORT INSPECTOR CARD".

đ) Content on the back side of the Inspection Official Card: National emblem, the name "SPECIALIZED TRANSPORT INSPECTION OFFICIAL CARD", the holder's full name, the organization where the holder works, the holder's photograph, one diagonal red line, place name, date of issuance, signature and seal of the issuer; validity period of the card; below the Vietnamese text is the English text;

The model of the Inspection Official Card is specified in Appendix I of this Circular.

3. The Inspection Official Card has a validity period not exceeding five years from the date of issuance.

4. Identification number of the Inspection Official Card

Each inspection official shall be assigned one identification number for the Inspection Official Card.

The common identification number of the Inspection Official Card is A06, followed by the management agency's code directly overseeing the inspection official and the serial number starting from 001. The specific identification number of the Inspection Official Card is as follows:

a) Identification number of the Inspection Official Card belonging to the General Department of Highway: A06-TCĐB;

Identification number of the Inspection Official Card belonging to the Highway Management Bureaus: A06-CQLĐBI (or II, III, IV)-TCĐB.

b) Identification number of the Inspection Official Card belonging to the Railway Administration of Vietnam: A06-CĐS.

c) Identification number of the Inspection Official Card belonging to the Inland Waterway Administration of Vietnam: A06-CĐTNĐ; identification number of the Inspection Official Card belonging to the Branch Inland Waterway Administration: A06-CC-CĐTNĐ; identification number of the Inspection Official Card belonging to the Inland Waterway Port Office: A06-CV-CĐTNĐ.

d) Identification number of the Inspection Official Card belonging to the Civil Aviation Administration of Vietnam: A06-CHK; identification number of the Inspection Official Card belonging to the Civil Aviation Port Office: A06-CV-CHK.

đ) Identification number of the Inspection Official Card belonging to the Maritime Administration of Vietnam: A06-CHH; identification number of the Inspection Official Card belonging to the Maritime Port Office: A06-CV-CHH.

Example: Identification number of the Inspection Official Card belonging to the Maritime Port Office with serial number 10: A06-CV-CHH.010.

Article 12. Procedures for Issuing, Replacing, Reissuing, and Revoking the Inspection Official Card

1. The Inspector General of the Ministry issues new, replacement, reissued, and revoked Inspection Official Cards.

The Director-General of the General Department of Highway, the Director of the Railway Administration of Vietnam, the Director of the Inland Waterway Administration of Vietnam, the Director of the Civil Aviation Administration of Vietnam, and the Director of the Maritime Administration of Vietnam propose to the Inspector General of the Ministry to decide on issuing new, replacement, reissued, and revoked Inspection Official Cards for inspection officials under their management.

2. New issuance of the Inspection Official Card in cases where officials are recognized as inspection officials for the first time.

3. Replacement of the Inspection Official Card in the following cases:

a) The Inspection Official Card has expired;

b) The Inspection Official Card currently in use is damaged.

4. Documents for issuing new and replacement Inspection Official Cards include:

a) A letter requesting the issuance of a new or replacement Inspection Official Card from the Director-General or the Director managing the official;

b) A list of the person to be issued the card, including: full name, date of birth, position, working unit, professional qualifications, and vocational courses attended; reasons for issuing a new or replacement card according to Model No. 3, Model No. 4 in Appendix III of this Circular;

c) Decision recognizing the official as an inspection official (photocopy);

d) Personal color portrait photo, ID card size 23mm x 30mm, wearing inspection uniform, taken within six months, clearly marked with full name and unit on the back of the photo and on the envelope containing each photo (two photos per inspection official);

e) Old Inspection Official Card, in cases of replacing the card.

5. Reissuing the Inspection Official Card

An inspection official may be considered for reissuing the card if it is lost due to robbery, theft, tearing, damage due to external causes, and does not fall under the circumstances for revocation as stipulated in Clause 6 of this Article; reissuance shall not exceed once during the card's validity period.

Documents for reissuing the Inspection Official Card include:

a) Report and explanation letter from the inspection official, confirmed by the head of the direct managing unit. The head of the unit is responsible for confirming in cases of robbery or theft;

b) A letter requesting reissuance of the Inspection Official Card from the Director-General or the Director;

c) A list including: full name, date of birth, position, working unit, professional qualifications, and vocational courses attended; reasons for requesting reissuance of the Inspection Official Card according to Model No. 5 in Appendix III of this Circular;

d) Personal color portrait photo, ID card size 23 mm x 30mm, wearing inspection uniform, taken within six months, clearly marked with full name and unit on the back of the photo and on the envelope containing each photo (two photos per inspection official).

6. Circumstances for revoking the Inspection Official Card

a) Inspection officials who have been ordered to terminate employment or disciplined with termination of employment or dismissed according to the law;

b) Inspection officials who transfer to units without inspection functions, retire, die, or go missing;

c) Inspection officials convicted by court judgment; inspection officials currently detained or temporarily suspended from work to cooperate with investigative agencies;

d) Inspection officials who have been decided to terminate recognition as inspection officials by competent authorities;

đ) Inspection Official Cards issued contrary to regulations;

f) Other cases as prescribed by law.

7. Issuance, replacement, and revocation of the Inspection Official Card shall be carried out in March, June, September, and December each year.

8. The Ministry's Inspectorate shall uniformly print, manage the blank cards for inspectorate civil servants. The cost for producing blank inspectorate civil servant cards shall be funded from the state budget according to the approved budget estimate.

Article 13. Remuneration System for Inspectorate Civil Servants

1. Inspectorate civil servants shall enjoy allowances as prescribed by law.

2. Inspectorate civil servants shall be provided with uniforms; equipped with technical devices and tools to support their inspection, supervision, and administrative violation penalty work as prescribed by law.

Chapter V

INSPECTION CARDS; STANDARDS AND PROCEDURES FOR ISSUING INSPECTION CARDS

Article 14. Inspection Cards

1. Inspection cards shall be issued to civil servants and officials for use when performing inspection tasks as prescribed by law and this Circular.

It is strictly prohibited to use inspection cards for other purposes.

2. Design of the inspection card

a) Size: Width 61 mm, length 87 mm;

b) Color and design: the front side is bright red; the back side is light pink, with anti-counterfeiting designs;

c) Content on the inspection card shall be presented in Vietnamese Unicode font according to Vietnam National Standard TCVN 6909:2001;

d) Content on the front side of the inspection card: national emblem, national seal, and the name "INSPECTION CARD";

Below the Vietnamese text, there is English text, which is smaller than the Vietnamese text "AUTHORISED TRANSPORT INSPECTOR CARD".

e) Content on the back side of the inspection card: national emblem, the name "TRAFFIC TRANSPORT INSPECTION CARD," the holder's full name, the organization where the holder works, the holder's photograph, two diagonal red stripes, place name, date of issuance, signature and stamp of the issuer; validity period of the card; below the Vietnamese text, there is English text.

The design of the inspection card is specified in Appendix II of this Circular.

3. The inspection card has a validity period not exceeding five years from the date of issuance.

Article 15. Conditions and Standards for Issuing Inspection Cards

1. Being a civil servant or official of the state (excluding those specified in Chapters III and IV of this Circular) belonging to the Inspectorate of the Department, Port Management Agencies under the Maritime Administration, Civil Aviation Authority, Inland Waterway Transport Management Agency under the Directorate General of Inland Waterways, appointed by the Director of the Department of Transportation, Director of the Port Management Agency to perform inspection tasks to serve state management work.

Those working under labor contracts shall not be issued inspection cards.

2. Having good moral qualities, sense of responsibility, integrity, honesty, fairness, objectivity, confirmed and responsible by the head of the transportation inspectorate agency.

3. Graduated from a college level or higher in one of the following majors: transportation, construction, architecture, mechanical engineering, information technology, telecommunications, law, economics.

4. Holding an Inspection Business Certificate.

Article 16. Authority to Issue and Revoke Inspection Cards

1. The Head of the Ministry's Inspectorate decides to issue and revoke inspection cards for civil servants and officials of the Air Port Management Agencies, Maritime Port Management Agencies, and Inland Waterway Transport Management Agencies under the Directorate General of Inland Waterways.

2. The Director of the Department of Transportation (hereinafter referred to as the Director of the Department) decides to issue and revoke inspection cards for civil servants and officials of the Department's Inspectorate.

Article 17. Documents for Issuing, Changing, and Reissuing Inspection Cards

1. Documents for issuing new or changing inspection cards

a) A letter requesting to issue new or change inspection cards from the Director of the Directorate General of Inland Waterways, Director of the Civil Aviation Authority, Director of the Maritime Administration, or the Head of the Department's Inspectorate;

b) A list of individuals to be issued inspection cards, including: full name, date of birth, position, and workplace, professional qualifications, and courses attended;

c) Certified copies of relevant certificates according to the standards stipulated in Article 15 of this Circular;

d) Decision assigning tasks from the Director of the Air Port Management Agency, Director of the Maritime Port Management Agency, or Director of the Inland Waterway Transport Management Agency under the Directorate General of Inland Waterways (for officials working at the Maritime Port Management Agency, Air Port Management Agency, and Inland Waterway Transport Management Agency);

e) Personal color portrait photographs, ID card size 23mm x 30mm, wearing inspection uniform, taken within six months, clearly marked with full name and unit on the back of each photo and on the envelope containing each photo (each civil servant or official provides two photos).

2. Reissuing inspection cards

Civil servants and officials may be considered for reissuing inspection cards in cases of loss due to robbery, theft, damage, or deterioration due to objective reasons and not due to revocation as stipulated in Clause 4 of this Article; reissuance shall not exceed once during the validity period of the card. Documents for reissuing inspection cards include:

a) A report and explanation from the civil servant or official regarding the reason for requesting a reissued inspection card, confirmed by the direct unit manager. The head of the agency or unit is responsible for confirming in cases of robbery or theft;

b) A letter requesting to reissue the inspection card from the Director of the Directorate General of Inland Waterways, Director of the Civil Aviation Authority, Director of the Maritime Administration, or the Head of the Department's Inspectorate;

c) A list including: full name, date of birth, position, workplace, professional qualifications, courses attended, identification number of the previously issued inspection card, reason for requesting a reissued inspection card;

d) Personal color portrait photographs, ID card size 23mm x 30mm, wearing inspection uniform, taken within six months, clearly marked with full name and unit on the back of each photo and on the envelope containing each photo (each civil servant provides two photos).

Article 18. Revocation of Inspection Cards

The Inspector General of the Ministry, the Director of the Department decides to revoke the inspection card of civil servants and officials in any of the following cases:

1. Civil servants and officials are disciplined with dismissal from service or are dismissed.

2. Civil servants and officials transfer to agencies without inspection functions, retire, die, or go missing.

3. Civil servants and officials have been appointed to the rank of inspector or recognized as traffic inspection civil servants.

4. The inspection card was issued in violation of regulations.

5. Other cases as prescribed by law.

Article 19. Printing and Managing Blank Inspection Cards

1. The Ministry Inspectorate uniformly prints, manages, and distributes blank inspection cards.

2. Blank inspection cards are distributed periodically in June and December each year, except in emergency situations.

3. The cost of producing traffic inspection blank cards is funded by the state budget according to the annual estimate.

Chapter VI

STANDARDS FOR INSPECTOR COLLABORATORS; PROCEDURES

FOR RECRUITING INSPECTOR COLLABORATORS

Article 20. Establishing the System of Inspector Collaborators

1. Inspector collaborators are persons with expertise and vocational qualifications suitable for the tasks of traffic inspection, recruited by the agency performing the inspection function in the transportation sector to carry out inspections.

2. The Minister of Transport, the Director-General of the Vietnam Highway Administration, the Directors of the Vietnam Railway Administration, the Vietnam Inland Waterway Administration, the Vietnam Civil Aviation Administration, and the Vietnam Maritime Administration are responsible for establishing the system of inspector collaborators to serve inspection work.

3. The head of the agency performing the inspection function in the transport sector shall proactively determine the team of inspector collaborators needed based on the functions, tasks, and approved annual inspection programs.

4. The Ministry Inspectorate shall organize training and professional development for regularly and long-term recruited inspector collaborators.

Article 21. Inspector assistants

1. Inspector collaborators have duties and powers as stipulated in Article 24 of Decree No. 97/2011/ND-CP.

2. Specific standards for inspector collaborators

In addition to the standards prescribed in Article 22 of Decree No. 97/2011/ND-CP, inspector collaborators must meet the following standards:

a) Hold a college degree or higher in a relevant field suitable for the content of the inspection; understand and have experience in the transportation sector.

b) For inspector collaborators recruited to participate in inspection teams involving specialized knowledge and high technology, in addition to the standards prescribed in Clause 1 of this Article, they must have worked in the transportation sector (domestic or foreign) for at least three years.

c) The inspection agency using inspector collaborators must review their professional requirements before deciding to recruit them.

Article 22. Procedures for Recruiting Inspector Collaborators

1. The heads of state inspection agencies, the heads of agencies assigned to perform specialized inspection functions in the transport sector have the right to recruit inspector collaborators.

2. Based on the established system of inspector collaborators and survey results, the heads of state inspection agencies, the heads of agencies assigned to perform specialized inspection functions shall issue a written request to the direct management agency of the person to be recruited. The recruitment notice must clearly specify the basis for recruitment, the target of recruitment, professional and experience requirements; the duration of recruitment, remuneration, and other related matters.

3. The recruiting agency may not include the recruited person in the inspection or audit team if the person does not meet the recruiting agency's requirements regarding the target, profession, experience, or other reasons to ensure objectivity during the inspection process.

Article 23. Treatment for Inspectors Collaborators

1. The direct management agency shall pay the full salary and allowances (if any) and reimburse travel expenses.

2. The agency summoning them shall provide necessary working conditions and means.

3. To receive training and professional development in inspection.

4. They shall be rewarded according to the laws on rewards.

5. They shall enjoy benefits as prescribed by law.

Article 24. Budget for summoning inspection collaborators

1. The budget for the summoning of inspectors collaborators by inspection agencies and agencies assigned to perform specialized inspection functions shall be guaranteed by the state budget.

2. Each year, the heads of inspection agencies and the heads of agencies assigned to perform specialized inspection functions shall prepare budgets for the summoning of inspectors collaborators for approval by competent authorities.

Chapter VII

REWARD AND DISCIPLINE

Article 25. Awards

1. Inspectors, inspection civil servants, staff engaged in inspection work, and inspectors collaborators who achieve outstanding results in specialized inspection activities shall be rewarded according to regulations.

2. Inspectors, inspection civil servants, staff engaged in inspection and supervision work who achieve outstanding results in specialized inspection activities shall be considered for promotion to higher ranks and salary grades ahead of schedule according to the law.

3. Annually, the Inspector General of the Ministry of Transport shall be responsible for launching competitive activities in the inspection work of the transport sector. Summarize, review, compile lists to propose the Minister of Transport to consider awarding commendations to collectives and individuals from inspection agencies and agencies assigned to perform specialized inspection functions in the transport sector; propose the Inspector General to consider awarding commendations to collectives and individuals from the Inspectorate of the Ministry, the Inspectorate of the Civil Aviation Administration of Vietnam, the Inspectorate of the Vietnam Maritime Administration, and agencies assigned to perform specialized inspection functions in the transport sector. The Inspector of the Department shall propose rewards from the Inspector General of the Government according to the regulations at the local level.

Article 26. Discipline

Inspectors, inspection civil servants engaged in inspection work, and inspectors collaborators in the transport sector who violate inspection procedures, supervision procedures, administrative violation handling procedures, or commit acts violating the law shall be subject to disciplinary action according to the law or criminal prosecution and must compensate or make restitution according to the law if they cause material damage.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Circular takes effect from April 1, 2014.

2. This Circular replaces Circular No. 02/2008/TT-BGTVT dated March 4, 2008, issued by the Minister of Transport on guiding certain provisions regarding inspectors, inspectors collaborators, and the issuance of traffic inspection cards.

3. Inspection cards issued according to Circular No. 02/2008/TT-BGTVT dated March 4, 2008, by the Minister of Transport shall continue to be used until their expiration date.

Article 28. Responsibility for Implementation

1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director-General of the Vietnam Highway Administration, the Directors of the Vietnam Railway Administration, the Directors of the Vietnam Inland Waterway Administration, the Directors of the Civil Aviation Administration of Vietnam, the Directors of the Vietnam Maritime Administration, the Directors of Provincial Departments of Transport, and related organizations, entities, and individuals are responsible for implementing this Circular.

2. The Inspector General of the Ministry shall develop plans for training, retraining, and professional development in specialized transport inspection work, submit them for approval by the Minister, and organize their implementation.

3. The Director-General of the Vietnam Highway Administration, the Directors of the Vietnam Railway Administration, the Directors of the Vietnam Inland Waterway Administration, and the Director of the Vietnam Maritime Administration shall conduct reviews of personnel appointed to inspector positions to propose the Minister to decide on dismissal from inspector positions and transfer to other positions according to the law.

4. During organizational restructuring and conversion to inspector civil servant positions under Decree No. 57/2013/NĐ-CP dated May 31, 2013, of the Government on the organization and operation of transport inspection, inspectors in the transport inspection organization shall continue to perform their duties until replaced by decisions.

5. During implementation, if there are difficulties, the heads of agencies and units shall report to the Ministry of Transport for consideration and decision.

6. The Inspector General of the Ministry of Transport shall take the lead, coordinate with relevant agencies to urge and inspect the implementation of this Circular./.