This Circular guides the tasks, powers, and organizational structure of the Department of Transport in provinces and centrally governed cities. It provides detailed regulations on traffic management, transportation construction, technical vehicle management, and support for provincial and district People's Committees in this work.
Scope of application
The Department of Transport in provinces and centrally governed cities; Provincial People's Committee; District, County, City, and Town People's Committee; organizations assisting the district and commune People's Committees.
Key points
- The Department of Transport implements laws on transport, manages maintenance and repair of the transport system, develops transport network planning, appraises transport works, and inspects technical vehicle conditions.
- Organizations assist the district and commune People's Committees in managing transport within their jurisdiction, including road and waterway maintenance, guidance on implementing transport-related regulatory documents.
- The Department of Transport has an organizational structure consisting of the Office and specialized departments, along with public service units under the direct management of the provincial People's Committee in the field of transport.
- The Director of the Department is appointed or relieved from duty by the decision of the Chairman of the Provincial People's Committee, except that the appointment of the Director must be agreed upon in writing by the Minister of Transport.
- This Circular takes effect from the date of issuance and replaces previous regulations on similar matters.
🌐 Social impact of this document
- Positive impact: Strengthening transport management, ensuring safety and efficient use of the transport system.
- Negative impact: May increase costs for businesses in complying with registration and inspection requirements for vehicles; implementation time for procedures may be extended.
❓ Frequently asked questions
What are the tasks of the Department of Transport?
The Department of Transport assists the provincial People's Committee in managing transport, enforcing transport laws, maintaining and repairing the transport system, developing transport network planning, appraising transport works, and inspecting technical vehicle conditions.
What are the tasks of organizations assisting the district and commune People's Committees?
Organizations assist the district and commune People's Committees in managing transport within their jurisdiction, including road and waterway maintenance, guidance on implementing transport-related regulatory documents.
How is the Director of the Department of Transport appointed?
The Director of the Department of Transport is appointed by the Chairman of the Provincial People's Committee, except that the appointment of the Director must be agreed upon in writing by the Minister of Transport.
When does this Circular take effect?
This Circular takes effect from the date of issuance and replaces previous regulations on similar matters.
What is the organizational structure of the Department of Transport?
The Department of Transport consists of the Office, specialized departments, and public service units under the direct management of the provincial People's Committee in the field of transport.
Full text
CIRCULAR
JOINT CIRCULAR OF THE MINISTRY OF TRANSPORTATION - ORGANIZATION AND STAFF DEPARTMENT OF THE GOVERNMENT
GUIDELINES ON THE TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF
PROVINCE TRANSPORT DEPARTMENTS (INCLUDING PROVINCE TRANSPORT AND PUBLIC WORKS DEPARTMENTS, COLLECTIVELY REFERRED TO AS PROVINCE TRANSPORT DEPARTMENTS)
IN PROVINCES AND MUNICIPALITIES UNDER THE CENTRAL GOVERNMENT'S DIRECT CONTROL (COLLECTIVELY REFERRED TO AS PROVINCES)
IMPLEMENTING DECREE NO. 22/CP OF MARCH 22, 1994 OF THE GOVERNMENT ON THE TASKS, POWERS, RESPONSIBILITIES FOR STATE MANAGEMENT, AND THE ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRANSPORTATION;
THE MINISTRY OF TRANSPORTATION AND THE GOVERNMENT'S ORGANIZATION AND STAFF DEPARTMENT ISSUE GUIDELINES ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF PROVINCE TRANSPORT DEPARTMENTS AS FOLLOWS:
A. FUNCTIONS:
The Province Transport Department is a specialized agency assisting the Provincial People's Committee in performing state management functions over transportation (including roadways, waterways, railways, and maritime transport) within the province, subject to professional guidance from the Ministry of Transportation.
B. MAJOR TASKS AND POWERS OF
THE PROVINCE TRANSPORT DEPARTMENT INCLUDE:
I. IMPLEMENTATION OF LAWS ON TRANSPORTATION.
1. Assist the Provincial People's Committee in drafting documents for the implementation of laws and regulations on transportation; guide the implementation of laws and policies of the State on local transportation.
2. Issue, revoke, and renew various types of permits, certificates of practice, driver's licenses... for organizations and individuals operating in the transportation sector under the economic components of the locality, in accordance with the provisions of the law, the Ministry of Transportation, and the guidance of the Specialized Management Bureau.
3. Organize inspections and checks on compliance with laws, Ordinances, and other regulatory documents concerning the transportation industry according to the provisions of the law, the guidance of the Ministry of Transportation, and the Provincial People's Committee.
4. Coordinate with relevant agencies and organizations to educate, publicize, and disseminate laws and regulations on transportation, traffic safety, and protection of transportation infrastructure within the province.
II. MANAGEMENT OF TRANSPORTATION.
1. Organize maintenance, repair, and protection of the transportation system of the locality and national systems entrusted by the central government, ensuring transportation along routes managed by the province.
2. Establish and announce, direct the network of transportation systems directly managed by the province; apply regulations of the Ministry regarding load limits and technical characteristics of vehicles permitted to operate on the local transportation network, ensuring traffic safety and the integrity of transportation infrastructure.
3. Establish and manage signaling systems on local transportation routes. Organize reviews submitted to the provincial review council 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 bridges, roads, stations, river ports, sea ports... managed by the central government, construction projects must be reviewed and approved by the Ministry and the Specialized Management Bureau.
4. Review and propose to the Provincial People's Committee to classify roads, periodically issue permits for use and exploitation or suspend exploitation and use of local infrastructure and transportation routes directly managed by the province.
5. Direct the coordination of local transportation forces, stabilize cargo and passenger transportation routes, meeting transportation needs within the provincial area and inter-provincial areas.
6. Coordinate with relevant agencies and organizations to ensure safety for transportation vehicles, people, and property operating within the provincial area.
III. CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE.
1. Develop and implement plans for the transportation network within the province, after approval by competent authorities.
2. Fulfill the role of the main investor in constructing local transportation infrastructure (including projects funded by local budget, central government funds allocated to the locality, or funds raised from contributions by the public) in accordance with the law and the delegation of the Ministry of Transportation and the Provincial People's Committee.
3. Direct the construction of provincial transportation infrastructure according to established procedures and mechanisms for basic construction. Review and inspect projects within their scope. Submit projects exceeding the limit or deemed important to the provincial review council. Lead the preparation of investment projects related to transportation within the province (including joint ventures with foreign entities) to be presented to the Provincial People's Committee.
IV. INDUSTRY AND TECHNICAL MANAGEMENT
OF TRANSPORTATION.
1. Conduct technical inspections (registration and technical inspection) of construction equipment and road and waterway transportation vehicles according to the regulations of the Ministry of Transportation and the guidance of the Specialized Management Bureaus.
2. Review and approve designs and assess modifications, repairs, restorations, new constructions, and production of transportation equipment and parts according to the regulations of the Ministry of Transportation or the Specialized Management Bureaus.
3. Guide subordinate agencies and organizations in complying with regulations of the Ministry of Transportation and state agencies on the import and export of transportation equipment.
4. Direct and coordinate inspections and controls of public service units managing the collection and payment of transportation fees according to the law and unified assignments between the Ministry of Finance and the Ministry of Transportation.
5. Manage state-owned enterprises (including production and trading enterprises and public utility enterprises) in the transportation sector according to the division of labor by the Provincial People's Committee.
6. Implement professional and vocational standards for transportation staff at the local level according to the law and the guidance of the Specialized Management Bureaus.
Guide and inspect the training of professional staff and workers in the transportation sector.
V. TASKS AND POWERS IN THE FIELD OF PUBLIC WORKS.
翻译第1行。
C. DUTIES AND LIMITATIONS OF THE ORGAN ASSISTING THE PEOPLE'S COMMITTEE AT THE PROVINCE, CITY, DISTRICT LEVELS IN TRAFFIC MANAGEMENT.
TRAFFIC MANAGEMENT.
I. 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 districts, towns, cities under provinces (collectively referred to as districts) shall be subject to professional guidance from the Department of Transport and assist the People's Committee of the district in managing traffic on the locality with the following tasks:
1. Implementing the responsibility for traffic management within the locality, including: a. Guiding and inspecting the implementation of tasks related to maintenance, repair, improvement, and protection of the road network for land and water transport 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. Guiding the assurance of traffic flow, coordinating with relevant organizations to mitigate the consequences of natural disasters, maintaining smooth traffic on the district road network.
c. Guiding and inspecting the enforcement of traffic laws, protecting technical bridges and roads, safety boundaries of the transportation system, protecting railways, bus stations, ports, and the safety of transportation and transport processes within the district; coordinating with local authorities to suspend and handle violations of traffic laws and protection of transportation works according to the provisions of the law, the Ministry of Transport, and the guidance of specialized management agencies.
2. Assisting the People's Committee in mobilizing the people's contributions of labor and resources to build bridges and roads managed by the district and invest according to the provisions of the law.
Proposing to the Department of Transport about the planning for the development of traffic and transport in the district.
3. Guiding and inspecting organizations and individuals in traffic activities within the district, complying with regulatory legal documents, standards, procedures, and management regulations for vehicles and traffic safety, implementing administrative procedures, inspection, and registration for small-scale motorized and non-motorized transport vehicles according to the分级任务如下:
3. Guide, inspect organizations and individuals in transportation activities on the county's territory to comply with regulatory legal documents, standards, procedures, management regulations for vehicles and traffic safety, implement administrative procedures, inspection, and registration for simple and small mechanical transport means according to the classification of the Department of Transportation.
4. Issue or revoke certificates and registrations related to transportation for entities under their jurisdiction.
5. Organize the management of ferry stations, bus stops, river transport stations for passengers and cargo loading and unloading operations in accordance with regulations ensuring traffic order and safety and managing cargo and passenger transportation.
II. TASKS AND POWERS OF THE DEPARTMENT ASSISTING THE PEOPLE'S COMMITTEE IN MANAGING TRANSPORTATION ON THE TOWN OR COMMUNE TERRITORY
The town or commune transportation department (commonly referred to as commune) assists the People's Committee of the commune in managing and directing transportation activities on the commune's territory as follows:
TERRITORY OF WARD OR COMMUNE
The town or commune transportation department assists the People's Committee of the commune in managing and directing transportation activities on the commune's territory as follows:
1. Fulfill the responsibility for managing inland waterway and land traffic on the commune's territory.
a. Guide and inspect the implementation of tasks related to maintaining, repairing, and protecting the network of inland waterway and land traffic within the commune (referred to as commune roads), including county roads passing through the commune, according to the delegation from the county traffic management organization.
b. Guide and inspect the commune residents regarding their responsibilities to protect national and provincial traffic works on the commune's territory; ensure the safety of transportation and transport processes.
c. Propose the commune authority to handle, within its jurisdiction, violations of transportation regulations and protection of traffic works.
2. Implement regulations on managing and registering simple and small mechanical inland waterway and land transport means according to the provisions of the county traffic management organization.
3. Assist the People's Committee of the commune in organizing the mobilization of commune residents' labor and resources to build traffic works invested in and managed by the commune in accordance with the law.
4. Confirm and propose the county traffic management organization to issue or revoke certificates and registrations for the operation of entities under the county's management.
5. Organize the management of ferry stations and commune road bridges in accordance with the Ministry of Transportation's regulations, guidance from specialized agencies, and the classification of the province and county.
D. ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT
OF TRANSPORTATION.
The office and specialized departments assist the Director of the Department in performing the tasks and powers stipulated in Sections B and C of this Circular as follows:
1. Office and specialized departments.
The office and specialized departments of the Department are decided by the Provincial People's Committee Chairman upon recommendation by the Director of the Department 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 to the province according to the plan.
2. Public service units in the field of transportation assigned by the Provincial People's Committee to be directly managed by the Department.
The Department of Transportation is headed by a Department Director, assisted by several Deputy Directors responsible for specific areas of work as delegated by the Director.
The Provincial People's Committee Chairman decides on the appointment, dismissal, commendation, and disciplinary action for the Director and Deputy Directors; specifically, the appointment of the Department Director requires the agreement of the Minister of Transportation.
E. IMPLEMENTATION ORGANIZATION
1. The Provincial People's Committee and the Central City People's Committee shall base on the functions, tasks, and powers of the assisting organizations at various levels mentioned above to specify the functions, tasks, powers, and organizational structure of the Department of Transportation and transportation at the county and commune levels.
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 the implementation process, if there are any difficulties or suggestions for supplementation, amendment, please report to the Ministry of Transportation and the Government's Organization and Cadres Board for joint consideration and resolution.
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