Decision No. 702/2000/QĐ-BGTVT On Allocation of Responsibilities in Managing Exploited Transportation Infrastructure Structures

Pursuant to …;

Regarding the allocation of responsibilities in managing

infrastructure transportation systems currently in operation

THE MINISTER OF TRANSPORTATION

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government stipulating the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport;

Pursuant to the Management and Investment Construction Regulations issued pursuant to Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government;

To clarify the responsibilities of relevant agencies and units in managing infrastructure transportation systems currently in operation;

At the proposal of the Heads of the Department of Inspection and Quality Control of Transportation Infrastructure and the Legal Affairs Department of the Ministry of Transport.

Pursuant to …;

Article 1: Now hereby promulgates with this Decision the "Regulations on the Allocation of Responsibilities in Managing Infrastructure Transportation Systems Currently in Operation".

Article 2: The following persons (ladies and gentlemen): Director of the Ministry's Office, Heads of Departments under the Ministry, Inspectorate, Heads of the Department of Inspection and Quality Control of Transportation Infrastructure, Heads of specialized Departments, General Directors of State-owned Joint Stock Companies 91, and heads of agencies and units under the Ministry of Transport shall be responsible for implementing and disseminating this Decision to subordinate levels.

 

REGULATIONS

On the allocation of responsibilities in managing

infrastructure transportation systems currently in operation
(Issued pursuant to Decision No. 702/2000/QĐ-BGTVT dated March 27, 2000)

I.GENERAL PROVISIONS

I-1) These regulations determine the allocation of responsibilities in managing infrastructure transportation systems currently in operation, hereinafter referred to as operating works (OW), of functional agencies directly under the Ministry, specialized management departments in maintaining and preserving to ensure that OW can be used normally, in case of damage or technical incidents occurring with the works. Detailed provisions on protecting road, river, railway transportation works... still comply with Government Decrees guiding the implementation of the Law on Protection of Transportation Works dated December 2, 1994 and carried out in accordance with the "Working Regulations of the Ministry's Leadership and Subordinate State Management Agencies" promulgated together with Decision No. 175/1998/QĐ-BGTVT dated February 4, 1998 of the Minister of Transport.

I-2) Scope of application.

Includes all OW constructed with budget funds, including BOT projects permitted by the State: roads, bridges, railways, ports, ferry terminals, retaining walls, inland waterways (channels, vessels...), maritime safety and navigation facilities...

I-3) Some conventions.

3.1. Planning and Investment Department, Science and Technology Department, Finance and Accounting Department - Hereinafter referred to as the Planning and Investment Department (KHĐT), Science and Technology Department (KHCN), and Finance and Accounting Department (TCKT).

3.2. Department of Inspection and Quality Control of Transportation Infrastructure - Hereinafter referred to as the Department of Inspection and Quality Control (GĐCTGT).

3.3. Departments: Vietnam Road Administration (ĐBVN), Vietnam Inland Waterway Administration (ĐSVN), Vietnam Maritime Administration (HHVN), Vietnam Railway Corporation (LHĐSVN) - Hereinafter referred to as specialized management departments (QLCN).

3.4. State-owned Joint Stock Companies directly managed by the Prime Minister established pursuant to Decision No. 91/TTg dated March 7, 1994 of the Prime Minister such as: Vietnam Maritime Corporation... - Hereinafter referred to as Joint Stock Company 91 (TCT91).

3.5. Departments of Transport and Public Works, Departments of Transport - Hereinafter referred to as Departments of Transport (Sở GTVT).

3.6. Highway management zones, railway area enterprises, inland waterway management offices, maritime safety assurance offices - Hereinafter referred to as first-level facility management units (QLCS cấp I).

3.7. Management units at a lower level than first-level facility management units (Such as highway management sub-zones, inland waterway management sections, maritime safety assurance regional offices, etc.) - Hereinafter referred to as second-level facility management units (QLCS cấp II).

II.LEVELS OF MANAGEMENT OF INFRASTRUCTURE TRANSPORTATION SYSTEMS CURRENTLY IN OPERATION

II-1) The Planning and Investment Department and the Finance and Accounting Department are responsible for:

Annually, based on the consolidated reports on the status of OW from the specialized management departments, Departments of Transport, and Joint Stock Company 91, advise the Ministry to allocate appropriate capital plans to meet the requirements for effective construction and protection of OW.

II-2) The Department of Inspection and Quality Control is responsible for:

2.1. Uniformly manage all OW based on existing data, through regular and spot inspections, and reports from specialized management departments to recommend safety measures and extend the life of the works.

2.2. Be authorized by the Ministry to handle (with the cooperation of specialized management departments) incidents exceeding the capacity and authority of specialized management departments - Based on reports and proposals from specialized management departments - Aimed at quickly mitigating consequences to continue maintaining, enhancing, or replacing OW with suitable solutions.

II-3) The Science and Technology Department is responsible for: Advising the Minister to issue or advising the Ministry to authorize specialized management departments to issue technical standards for the operation and maintenance of each type of work and structure in line with design, operational, and management standards.

II-4) Specialized management departments are responsible for:

4.1. Implement the Ministry's management regulations or be authorized by the Ministry to issue management regulations and ensure the safety of OW in their respective fields.

4.2. Have plans for regular inspections, while conducting regular and spot inspections of OW under their management (especially old and weak works that have been in operation for many years).

4.3. By October each year, submit a report classifying OW and repair upgrade plans to the Ministry (Planning and Investment Department and the Department of Inspection and Quality Control) clearly distinguishing between good, average, weak categories and repair solutions (for those requiring repairs and reinforcement) or emergency traffic assurance solutions (for critical cases requiring replacement or reconstruction).

4.4. Be responsible for the quality management of OW and incidents in their field of management. Delegate and specify the responsibilities and authorities of subordinate units and individuals directly operating the works.

4.5. Take charge of promptly handling incidents in their field of management, report to the Ministry or seek guidance on handling incidents beyond the capacity of specialized management departments.

II-5) State-owned Joint Stock Companies 91 are responsible for implementing the above items (II-4) for OW under their management (except for issuing regulations).

II-6) Departments of Transport, first-level facility management units are responsible for:

6.1. Guide second-level facility management units to implement management mechanisms and ensure the safety of OW as prescribed by competent authorities.

6.2. Carry out regular, continuous, surprise inspections, and implement plans to maintain and ensure the safety of traffic infrastructure works (CTKT) according to the分级管理、授权。

6.3. Directly assume responsibility before the Department of Transport, the People's Committee of the Province/City for cases affecting the quality of exploitation and incidents of works assigned to manage and exploit.

6.4. In case of incidents involving CTKT occurring:

6.4.1. The Departments of Transportation shall take the lead in handling incidents of works managed and exploited by the People's Committee of the Province/City (or delegated by the Department of Transport).

6.4.2. Level I management units shall take the lead in handling incidents involving CTKT managed and exploited by the Department of Transport according to their delegated authority.

II-7) Level II management units shall be responsible for:

7.1. Directly managing and ensuring that CTKT operate normally. Develop contingency plans and be prepared to respond to ensure traffic flow for old and weak CTKT showing signs of damage or critical conditions during natural disasters.

7.2. Arrange and regularly train management and maintenance staff for the CTKT system to ensure they have appropriate expertise and technical knowledge of each CTKT to continuously identify and address issues during the management and exploitation process.

7.3. Timely report to the direct supervisory authority on the status of CTKT under management. Assume direct and primary responsibility for any safety issues or incidents of CTKT within their jurisdiction.

7.4. Regularly inspect, promptly identify and resolve matters within their scope of responsibility. Periodically report the current status of CTKT under their jurisdiction and propose solutions and implementation plans for CTKT management to the direct supervisory authority.

III. REWARD AND DISCIPLINE FOR VIOLATIONS

III-1) Reward.

1.1. Criteria for reward: Organizations and individuals managing CTKT as stipulated in Section II of this Regulation, who perform their responsibilities well within their jurisdiction and according to the level of task completion, will be considered for rewards.

1.2. Level of reward: Implemented according to the general regulations of the State and determined specifically for each work by the Minister of Transport.

III-2) Discipline for violations.

Organizations and individuals managing CTKT (as specified in Item I-3 of this Regulation) and individuals who violate regulations on CTKT management (as stipulated in Part II) within their scope of responsibility will be subject to administrative penalties according to current forms, depending on the severity. If serious consequences result, criminal liability will be pursued according to the provisions of the Law.

During the implementation of this Regulation, if there are any difficulties, organizations and units should promptly report to the Ministry of Transport in writing (through the Bureau of Inspection and Quality Control of Road Transport) for review and timely supplementation.