Decree No. 80/CP stipulates the organization and operation of specialized transport inspection.

DECREE

Regulations on the organization and operation of specialized traffic inspection for transportation

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Ordinance on the Protection of Transportation Works dated December 2, 1994;

On the basis of the Ordinance on Handling Administrative Violations dated July 6, 1995;

To implement the Government Decrees No. 36/CP dated May 29, 1995 on ensuring traffic order and safety on roads and urban traffic order and safety, No. 49/CP dated July 26, 1995 on administrative penalties for violations of traffic order and safety on roads and urban traffic order and safety, No. 39/CP dated July 5, 1996 on ensuring traffic order and safety on railways, and No. 40/CP dated July 5, 1996 on ensuring traffic order and safety on inland waterways;

At the proposal of the Minister of Transport and the Head of the Civil Service Department under the Government,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree stipulates the organization and operation of specialized traffic inspection for road, railway, and inland waterway transport (referred to as traffic inspection).

Article 2. Traffic inspection performs the function of inspecting compliance with laws and regulations on the protection of transportation works and traffic safety, and handling administrative violations concerning the protection of transportation works and traffic safety according to the provisions of the Law.

Article 3. The traffic inspection organization has legal personality, has its own seal, and is entitled to open an account at the State Treasury.

Operating funds for traffic inspection are provided from the state budget according to the regulations of the Government.

Article 4. The Minister of Transport organizes, directs, and supervises the operation of traffic inspection throughout the country.

Article 5. Within their respective duties and powers, ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and the people's armed forces have the responsibility to support the activities of traffic inspection.

Chapter II

ORGANIZATION AND OPERATION OF TRAFFIC INSPECTION

Article 6. The organizational system of traffic inspection.

1. Traffic inspection under specialized state management agencies for roads, railways, and inland waterways includes:

a) Road Traffic Inspection Board;

b) Railway Traffic Inspection Board;

c) Inland Waterway Traffic Inspection Board.

2. Traffic Inspection Boards under provincial Departments of Transport (Transport and Public Works Departments) shall be established by the People's Committees of provinces and centrally-administered cities following the guidelines of the Ministry of Transport. The Ministry of Transport and the Civil Service Department under the Government shall unify the guidelines on the organization and staffing of traffic inspection boards at various levels.

Article 7.

1. The Minister of Transport appoints and dismisses the Heads of Traffic Inspection Boards under specialized state management agencies.

2. The Chairmen of People's Committees of provinces and centrally-administered cities appoint and dismiss the Heads of Traffic Inspection Boards under provincial Departments of Transport (Transport and Public Works Departments).

Article 8. Traffic inspection has the following tasks and powers:

1. Propaganda, dissemination, and guidance on the implementation of laws on the protection of transportation works and traffic safety, and coordination with relevant levels and sectors to carry out these tasks.

2. Inspect, supervise, and handle administrative violations concerning the protection of transportation works and traffic order and safety within their authority.

3. Supervise and handle the issuance of permits and the use of road, railway, and inland waterway vehicles.

4. Inspect and handle violations of cargo and passenger transport rules on roads, railways, and inland waterways.

5. Record violations of laws on the protection of transportation works and traffic order and safety, and decide to temporarily suspend or suspend serious violations of laws on the protection of transportation works and traffic order and safety within their authority.

6. Inspect and handle other violations as prescribed by law. The Minister of Transport shall specify the tasks, powers, and positions of specialized traffic inspectors for roads, railways, and inland waterways.

Article 9. Standards for traffic inspectors:

1. Good political qualities, sense of responsibility, honesty, fairness, objectivity, good health;

2. Technical expertise in their field, knowledge of traffic laws and regulations, and legal knowledge.

Article 10. Traffic inspection is equipped with: insignia, rank badges, signs, uniforms, and necessary equipment to perform assigned tasks.

The Minister of Transport shall specify the insignia, rank badges, signs, uniform colors, and usage regulations for traffic inspectors in each specialty.

Chapter III

REWARD AND VIOLATION HANDLING

Article 11. Traffic inspectors who complete their tasks excellently shall be rewarded according to the general regulations of the State.

Article 12. Traffic inspectors who engage in harassment, lack objectivity, cover up, shield, fail to handle, or handle improperly, beyond their authority when performing their duties shall be disciplined or criminally prosecuted depending on the nature and severity of the violation; if they cause material damage, they must compensate according to the law.

Article 13. Complaints and denunciations against the actions of traffic inspection must follow the procedures and formalities prescribed in current state laws on complaints and denunciations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. This Decree takes effect from the date of promulgation.

Previous regulations contrary to this Decree are abolished.

Article 15. The Minister of Transport is responsible for guiding the implementation of this Decree.

Article 16. Ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees are responsible for enforcing this Decree./.