Decision No. 70/2005/QD-BGTVT on the organization, functions, tasks, and powers of Maritime Inspection.

Pursuant to …;

Provisions on the organization, functions, tasks, and powers of the Marine Inspection

_______________________________

THE MINISTER OF TRANSPORTATION

Pursuant to the Inspection Law dated June 15, 2004;

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

Pursuant to Decree No. 41/2005/NĐ-CP dated March 15, 2005 of the Government guiding the implementation of the Inspection Law;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 136/2004/NĐ-CP dated June 16, 2004 of the Government on the organization and operation of transport inspection;

At the proposal of the Director of the Ministry of Transport's Inspectorate and the Director of the Vietnam Maritime Administration;

DECISION:

Article 1. Scope of application and the scope of application

1. This Decision stipulates the organization, functions, tasks, and powers of the Marine Inspection.

2. This Decision applies to agencies, organizations, and individuals related to the organization and operation of the Marine Inspection.

The activities of the Marine Inspection shall be carried out in accordance with the provisions of the Maritime Code and laws on inspection. In cases where international treaties to which Vietnam is a member provide different provisions, such treaties shall apply.

Article 2. Position and Functions of the Marine Inspection

1. The Marine Inspection belongs to the system of transport inspection, being an agency under the Vietnam Maritime Administration, performing administrative inspection and specialized maritime inspection functions within the scope of management of the Vietnam Maritime Administration.

The Marine Inspection is subject to the leadership of the Director of the Vietnam Maritime Administration and is directed and guided on inspection business by the Director of the Ministry of Transport's Inspectorate.

2. The Marine Inspection has its own seal and may use the seal of the Vietnam Maritime Administration when the Director of the Marine Inspection signs documents upon authorization from the Director of the Vietnam Maritime Administration.

3. The Marine Inspection has the international trade name "Vietnam Maritime Inspectorate," abbreviated as "VMI."

Article 3. Organization and Staffing

1. The Marine Inspection is located at the Vietnam Maritime Administration (hereinafter referred to as the Marine Administration Inspectorate) and the Port Maritime Office (hereinafter referred to as the Port Inspectorate).

a) The Marine Administration Inspectorate performs administrative inspection and specialized maritime inspection functions. The Marine Administration Inspectorate has the Director of the Marine Inspection, Deputy Director of the Marine Inspection, and Inspectors.

b) The Port Inspectorate performs specialized maritime inspection functions. The Port Inspectorate has Inspectors. The Director of the Vietnam Maritime Administration decides on the staffing of the Port Inspectorate based on the workload and actual situation of the Port Maritime Office.

2. The staffing of the Marine Administration Inspectorate is part of the administrative staffing of the Vietnam Maritime Administration assigned annually by the Minister of Transport. The staffing for inspection work of the Port Inspectorate is part of the staffing of the Port Maritime Office decided by the Director of the Vietnam Maritime Administration.

3. The Director of the Marine Inspection is appointed and relieved of duty by the Director of the Vietnam Maritime Administration after reaching consensus with the Director of the Ministry of Transport's Inspectorate in writing. The Deputy Director of the Marine Inspection is appointed by the Director of the Vietnam Maritime Administration upon the recommendation of the Director of the Marine Inspection. Inspectors are civil servants appointed and relieved of duty according to the provisions of the law.

Article 4. Tasks and Powers of the Marine Administration Inspectorate

1. Inspect the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals directly managed by the Director of the Vietnam Maritime Administration.

2. Inspect Vietnamese organizations and individuals, as well as foreign organizations and individuals, in their compliance with Vietnamese laws and international treaties to which Vietnam is a member regarding:

a) Investment, construction, management, and exploitation of seaports, maritime navigation aids, and maritime channels;

b) Maritime safety, maritime security, and prevention of marine environmental pollution when ships operate in Vietnamese port waters, inland waterways, and territorial seas;

c) Maritime transportation and maritime services;

d) Maritime search and rescue operations;

đ) Salvage operations of sunken assets at sea;

e) Ensuring maritime safety and maritime information;

g) Ship registration and ship inspection;

h) Training, examination, certification of professional qualifications for seafarers and pilots;

i) Crewing arrangements and seafarer registration;

k) Pilotage operations.

3. Detect, record, apply preventive measures, decide according to authority, or recommend competent authorities to impose administrative penalties according to the law.

4. Recommend or submit to competent authorities to improve policies and laws on specialized maritime management; recommend competent authorities to suspend or revoke regulations found to be contrary to the law through inspection activities.

5. Assist the Director of the Vietnam Maritime Administration in organizing citizen reception, handling complaints and reports; implementing anti-corruption, thrift, and waste prevention activities according to the law.

6. Coordinate with other specialized inspections under the Ministry of Transport, inspections of ministries, sectors, and local governments during inspection processes related to maritime affairs; with law enforcement agencies in preventing, stopping, and combating violations of the law within the scope of assigned tasks and powers.

7. Summarize and report on the results of inspection work, complaint and report resolution, anti-corruption, thrift, and waste prevention within the responsibility of the Vietnam Maritime Administration.

8. Manage the assets and operating funds of the Marine Inspection according to regulations.

9. Perform other tasks and powers as prescribed by law.

Article 5. Tasks and Authorities of the Port Inspection

1. Inspect organizations and individuals of Vietnam and foreign organizations and individuals in the implementation of Vietnamese laws and international treaties to which Vietnam is a party regarding:

a) Investment, construction, management, and exploitation of seaports, maritime navigation aids, and maritime channels;

b) Maritime safety, maritime security, and prevention of marine environmental pollution when ships operate in port waters, inland waterways, and territorial seas of Vietnam according to the management hierarchy;

c) Maritime transportation and maritime services;

d) Activities ensuring maritime safety and maritime information;

đ) Activities of marine pilots.

2. Detect, record in minutes, apply preventive measures, decide according to authority or recommend competent authorities to decide on administrative penalties in accordance with the law.

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

4. Coordinate with other specialized inspections under the traffic transport inspection system, inspections of ministries, sectors, local governments, and related agencies during the inspection process concerning maritime matters within their jurisdiction; cooperate with law enforcement agencies in preventing, stopping, and combating violations of the law within the scope of assigned tasks and authorities.

Article 70. Responsibilities of the Ministry of Justice

Article 6. Tasks and Authorities of the Head of the Maritime Inspection

1. Organize and manage the operation of the Maritime Inspection in accordance with the provisions of this Decision and other relevant regulations.

2. Based on the tasks of the Vietnam Maritime Administration and the inspection program and plan of the Ministry of Transport, develop the annual inspection program and plan of the Vietnam Maritime Administration for approval by the Director and organize its implementation.

3. Submit to the Director of the Vietnam Maritime Administration for decision on inspection according to authority.

4. Based on the approved inspection program and plan, issue an inspection decision and establish an inspection team to implement the inspection decision or assign inspectors to perform the inspection tasks. Issue an immediate inspection decision in accordance with the law.

5. Recommend the Director of the Vietnam Maritime Administration to consider responsibility and handle individuals who violate regulations under the Director's management; coordinate with heads of agencies and organizations in considering responsibility and handling individuals who violate regulations under their respective management.

6. Recommend the Director of the Vietnam Maritime Administration to suspend the implementation, amend, or revoke decisions that contravene the law made by agencies, organizations, and individuals under the Director's management; if such recommendation is not accepted, report to the Head of the Ministry of Transport's Inspection for resolution.

7. Decide to suspend or recommend authorized persons to suspend illegal specialized actions by agencies, organizations, and individuals when there is sufficient evidence to determine that such actions cause damage to state interests, rights and legitimate interests of citizens, or hinder the inspection process.

8. Recommend the Director of the Vietnam Maritime Administration or request related organizations and individuals to take necessary measures to ensure maritime safety, security, and prevention of marine environmental pollution as prescribed.

9. Conclude on the content of the inspection based on the inspection team's report results when the Head of the Maritime Inspection decides on the inspection.

10. Impose administrative penalties according to authority or submit to the Head of the Ministry of Transport's Inspection for decision on administrative penalties in accordance with the law on handling administrative violations.

11. Perform other tasks and authorities as prescribed by law.

Article 7. Responsibility for organizing maritime inspection activities of the Director of the Port Maritime Office

1. Shall be responsible to the Director General of the Vietnam Maritime Administration for the management and operation of the inspection activities of the Port Inspection Unit at seaports and assigned areas.

2. Organize maritime inspections at seaports and assigned areas in accordance with Clause 8, Article 67, Article 29 of the Vietnam Maritime Code and specific provisions set forth in Article 5 of this Decision.

3. Based on guidance from the Bureau Inspectorate and the specific situation at the unit, develop the inspection plan of the Port Maritime Office for the Chief Maritime Inspector to consolidate and submit to the Director General for approval and implementation of that plan.

4. Issue decisions on inspection and establish inspection teams to implement inspection decisions or assign inspectors to carry out inspection tasks within their authority. When deemed necessary, recommend the Chief Maritime Inspector to submit to the Director General of the Vietnam Maritime Administration for an inspection decision.

5. Base conclusions on the inspection results reported by the inspection team for cases where the Director of the Port Maritime Office decides on the inspection.

6. Decide on administrative penalties within their authority or submit to competent authorities for decisions on administrative penalties in accordance with the law.

7. Report on the results of inspection work, complaints, and reports within the responsibility of the Director of the Port Maritime Office.

8. Perform other duties and powers as prescribed by law.

Article 8. Operating funds for maritime inspection

The operating funds for maritime inspection shall be provided from the State budget and other sources as prescribed by law.

Article 9. Effectiveness and Responsibility for Enforcement

1. This Decision takes effect from January 1, 2006 and replaces Decision No. 04/2005/QĐ-BGTVT dated January 4, 2005 of the Minister of Transport regarding the functions, responsibilities, powers, and organization of the Vietnam Maritime Administration Inspectorate.

2. The Heads of the Ministry's Office, the Chief Inspector of the Ministry, the Heads of Departments, the Director of the Vietnam Maritime Administration, the Heads of agencies, organizations, and related individuals are responsible for implementing this Decision./.