Joint Circular No. 93/1997/TTLT-BGTVT-BTCCBCP guides the tasks, authorities, and organizational structure of the Department of Transport and the Department of Public Works (collectively referred to as the Department of Transport) in provinces and centrally governed cities (collectively referred to as provinces).

CIRCULAR JOINT CIRCULAR

Guidelines for the tasks, authorities, and organizational structure of the Department of Transport and the Department of Transport and Public Works (referred to collectively as the Department of Transport) in provinces and centrally governed cities (referred to collectively as province)

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Implementing Decree No. 22/CP dated March 22, 1994 of the Government on tasks, authorities, state management responsibilities, and organizational structure of the Ministry of Transport;

The Ministry of Transport and the Civil Service Organization Board of the Government provide guidelines for the functions, tasks, authorities, and organizational structure of the Department of Transport in provinces as follows:

A. FUNCTIONS:

The Department of Transport is a specialized agency assisting the People's Committee of the province in performing state management functions regarding transport (including roads, rivers, railways, and sea) within the provincial territory, subject to professional guidance from the Ministry of Transport.

B. MAJOR TASKS AND AUTHORITIES OF THE DEPARTMENT OF TRANSPORT INCLUDE:

I. IMPLEMENTATION OF LAWS ON TRANSPORT.

1. Assist the People's Committee of the province in drafting documents to implement legal regulations on transport; guide the implementation of legal regulations and state policies on local transport.

2. Issue, revoke, and extend various types of permits, certificates of practice, driving licenses... for organizations and individuals in all economic sectors operating in the transport sector according to the provisions of the law, the Ministry of Transport, and the guidance of the Specialized Management Bureau.

3. Organize the implementation or coordinate with competent authorities to inspect and check compliance with laws, Ordinances, and other regulatory documents concerning the transport industry according to the provisions of the law, the guidance of the Ministry of Transport, and the People's Committee of the province.

4. Coordinate with relevant agencies and organizations to educate, publicize, and disseminate legal regulations on transport, traffic safety, and protection of transport infrastructure within the provincial territory.

II. REGARDING TRANSPORT MANAGEMENT.

1. Organize maintenance, repair, and protection of the transport system of the locality, national system entrusted by the central government, and ensure transport on routes managed by the province.

2. Establish and announce, guide the network system of transport directly managed by the province; apply regulations of the Ministry regarding load capacity and technical characteristics of vehicles permitted to operate on the local transport network, ensuring traffic safety and structural integrity of transport infrastructure.

3. Establish and manage signaling systems on local transport routes. Organize the review process submitted to the Provincial Review Board or approve within their authority the feasibility studies for construction projects crossing roads, intersections... affecting the safety of bridges and roads managed by the province. For construction projects on bridges, roads, stations, river ports, and sea ports managed by the central government, such projects must be reviewed and approved by the Ministry and the Specialized Management Bureau.

4. Review and propose to the People's Committee of the province to classify roads, periodically issue permits for the use and exploitation or suspend the use and exploitation of transport works and routes directly managed by the locality.

5. Direct the coordination of local transport forces, stabilize cargo and passenger transport routes, meeting transportation needs within the provincial territory and inter-provincial areas.

6. Coordinate with relevant agencies and organizations to ensure safety for transport vehicles, people, and property operating on provincial territory.

III. REGARDING TRANSPORT CONSTRUCTION.

1. Develop and organize the implementation of the transport network planning on the provincial territory after approval by the competent authority.

2. Perform the role of the main investor in constructing local transport works (including works funded by local budget, central government funds allocated to the locality, or funds raised from contributions by the people) according to the law and the delegation of the Ministry of Transport and the People's Committee of the province.

3. Organize and direct the construction of provincial transport works according to established procedures, management mechanisms, and basic construction. Review and inspect works within the assigned scope. Submit to the Provincial Review and Inspection Council for works exceeding the quota or being important. Lead in drafting investment projects on transport within the provincial territory (including joint ventures and collaborations with foreign countries) to submit to the People's Committee of the province.

IV. TECHNICAL MANAGEMENT OF TRANSPORT.

1. Technical inspection (registration and technical inspection) of construction equipment for transport works, road and waterway transport vehicles according to the regulations of the Ministry of Transport and the guidance of the Specialized Management Bureaus.

2. Review and approve design and assess the renovation, modification, restoration, new construction, and production of transport equipment, parts according to the regulations of the Ministry of Transport or the Specialized Management Bureaus.

3. Guide subordinate agencies and organizations to comply with the regulations of the Ministry of Transport and state agencies on the import and export of transport equipment.

4. Organize and direct the inspection and supervision of units managing the collection and payment of transport fees according to the law and unified delegation between the Ministry of Finance and the Ministry of Transport.

5. Manage state-owned enterprises (including production and trading enterprises and public welfare enterprises) in the transport sector according to the division of labor by the People's Committee.

6. Implement professional and vocational position standards for cadres and staff in the transport sector according to the law and the guidance of the Specialized Management Bureaus.

Guide and inspect training work for cadres, staff, and professional workers in the transport sector.

V. TASKS AND AUTHORITIES IN THE PUBLIC WORKS FIELD.

As stipulated in the joint circular (now joint directive) of the Ministry of Construction and the Civil Service Organization Board of the Government.

C. DUTIES AND LIMITATIONS OF THE ORGAN ASSISTING THE PROVINCE'S COUNTY, DISTRICT PEOPLE'S COMMITTEES IN TRAFFIC MANAGEMENT. DUTIES AND LIMITATIONS OF THE ORGAN ASSISTING THE PEOPLE'S COMMITTEE IN TRAFFIC MANAGEMENT ON THE LOCALITY.

The organ assisting the People's Committee of district, county, town, city under province (collectively referred to as district) shall be subject to professional guidance from the Department of Transport, assist the district People's Committee in managing traffic on the locality and have the following tasks:

1. Implement the responsibility for traffic management on the locality, including:

a. Guide and inspect the implementation of tasks related to maintenance, repair, reconstruction, and protection of the road network, including inland waterways from the district center down to communes, connecting provincial roads to the district (referred to as district roads or district routes) or provincial roads delegated by the Department to manage.

b. Guide traffic assurance, coordinate with relevant organizations to mitigate disaster consequences, maintain smooth traffic flow on the district transportation network.

c. Guide and inspect the enforcement of traffic laws, technical protection of bridges and roads, safety boundaries of the transportation system, railway protection, bus stations, ports, and the safety of transportation and transport processes within the district; coordinate with the district authority to suspend and handle traffic law violations and transportation facility protection according to legal regulations, Ministry of Transport guidelines, and specialized management agency instructions.

2. Assist the People's Committee in mobilizing the public to contribute labor and resources for the construction of bridges and roads managed by the district and investment according to legal provisions.

Propose to the Department of Transport regarding planning for the development of district transportation.

3. Guide and inspect organizations and individuals in transportation activities on the district level, compliance with regulatory legal documents, standards, procedures, management norms for vehicles and traffic safety, implement administrative procedures, inspection, and registration for small-scale rudimentary and mechanical transport vehicles according to the Department of Transport's classification.

4. Issue or revoke certificates and registrations for transportation-related matters of entities under its jurisdiction.

5. Organize the management of ferry, bus, river cargo and passenger transport terminal operations according to regulations ensuring traffic order and safety and transportation management of goods and passengers.

II. DUTIES AND LIMITATIONS OF THE PART ASSISTING THE PEOPLE'S COMMITTEE IN TRAFFIC MANAGEMENT ON THE COMMUNE LEVEL

Commune-level traffic assists the commune People's Committee in managing and directing transportation work on the commune level as follows:

1. Implement the responsibility for water and land traffic management on the commune level.

a. Guide and inspect the implementation of tasks related to maintenance, repair, and protection of the commune-level water and land transportation network (referred to as commune roads) including district roads passing through the commune according to the delegation of the district transportation management organization.

b. Guide and inspect the commune residents' responsibility for protecting national and provincial transportation facilities within the commune; ensure the safety of transportation and transport processes.

c. Propose the commune authority to handle, within their authority, violations of transportation regulations and transportation facility protection.

2. Implement regulations on the management and registration of small-scale rudimentary and mechanical water and land transport vehicles according to the commune transportation management organization's provisions.

3. Assist the commune People's Committee in organizing the mobilization of commune residents to contribute labor and resources for constructing transportation infrastructure managed and invested by the commune according to legal provisions.

4. Confirm and propose the district transportation management organization to issue or revoke certificates and registrations for entities under the district's management.

5. Organize the management of commune ferry, bridge, and road operations according to the Ministry of Transport regulations, specialized management agency guidelines, and provincial and district classifications.

D. ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT OF TRANSPORT

The organ assisting the Director of the Department to perform duties and limitations specified in Sections B and C of this Circular includes:

1. Office and specialized departments.

The Office and specialized departments of the Department are decided by the Provincial People's Committee Chairman upon recommendation of the Department Director and the Head of the Organization Management Board.

The staffing of the Department is determined by the Provincial People's Committee Chairman within the total number of staff allocated according to the plan.

2. Public service units in the field of transportation directly managed by the Department as assigned by the Provincial People's Committee.

3. The Department of Transport is headed by a Department Director, assisted by several Deputy Directors responsible for specific areas of work as assigned by the Director.

The Provincial People's Committee Chairman decides on the appointment, dismissal, commendation, and disciplinary action for the Director and Deputy Directors, with the Director requiring agreement from the Minister of Transport.

E. IMPLEMENTATION ORGANIZATION

1. The Provincial People's Committee, directly under the Central Government, bases on the functions, duties, and limitations of the aforementioned assisting organs at various levels to specifically define the functions, duties, limitations, and organizational structure of the Department of Transport and district and commune transportation.

2. This Circular takes effect from the date of issuance. Any previous regulations and guidelines that conflict with this Circular shall be implemented according to this Circular.

3. During implementation, if there are any difficulties or suggestions for supplementation or amendment, please report to the Ministry of Transport and the Government's Organization and Cadres Board for joint consideration and resolution.