Nghị định 22-CP

DECREE

ON THE DUTIES, POWERS, STATE MANAGEMENT RESPONSIBILITIES ANDORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS

THE GOVERNMENT

- Pursuant to the Law on Organization of the Government dated September30, 1992;
- Pursuant to Government Decree No.15-CP dated March 2, 1993 on theduties, powers and responsibilities for exercising State management of the Ministries andMinisterial-level Offices;
- In consideration of the proposals of the Minister of Transport andCommunications and Minister-Head of the Government’s Committee on Organization andPersonnel,

DECREES:

Article 1. The Ministry Of Transport And Communications Is Agovernment Agency Which Exercises State Management Over Activities Relating To Transportand Communications In The Whole Country By Road, Rail-Way, Water-Way, Sea-Way and civilair-way.

Article 2.- The Ministry of Transport and Communications shallimplement the duties, powers and State management responsibilities of the Ministries andMinisterial-level Offices as stipulated in Decree No.15/CP dated March 2, 1993 by theGovernment. They are:

1. Drafting and submitting to the Government master-plan/planning forthe development of transport and communications in the whole country.

Directing provinces and centrally-ruled cities and the relevantconstruction Departments in drawing up projects and plans for the development of localtransport and communications in accordance with the projects and master plans for thedevelopment of transport and communication network of the whole country to be submitted tothe Government for approval.

2. The Ministry shall direct the construction Departments in draftinglaws, ordinances and policies regarding management of transport and communications to besubmitted to and promulgated by the Government or by the Ministry itself, if authorized.

3. According to the relevant stipulations of the Government,promulgating national standards, categorizing the system of sea and river ports, civilairports and civil air-lines, as well as the transport networks for motor-way, rail-way,river-ways and maritime routes and directing the concerned Departments in theannouncements of these matters.

4. The Ministry shall, in compliance with Government’s regulationson capital construction project management, approve or submit to the Government forapproval any projects, construction works, engineering designs, methods of constructionand evaluation for transport and communications projects. It shall supervise the approvalof projects which have been authorized to be approved by the Department .

The Ministry shall control compliance with national standard oftransport projects in the whole country in accordance with Government’s stipulations.

5. The Ministry shall provide guidance for and supervise the issuance,extension or withdrawal of certificates and permits for projects relating toconstructions, exploitations and operations of any offices or organizations which affectto transport systems, and protect for road, rail-way, water-way and civil air-waytransport projects, including areas adjacent to airports as stipulated by laws and byother Government’s regulations.

6. Determining technical specifications applicable to means oftransport and communication equipment and spare parts to ensure that they are manufacturedor imported in conformity with the technical properties, economic conditions and transportsafety in Vietnam.

7.Inspecting and supervising the compliance with laws, policies andother regulations issued by the Ministry regarding State management over transport andcommunications in the whole country by road, rail-way, water-way, sea-way and civilairway.

Article 3. The organizational structure of the Ministry ofTransport and Communications is composed of:

Bodies assisting the Ministry:

The Department for Planning and Investment;

The Legal Department;

The Department for International Cooperation;

The Department for Science-Technology;

The Department for Financial-Accounting;

The Department for Organization-Personnel;

The Board for Inspection;

The Ministry’s Office.

Bodies exercising specialised management:

The Vietnam Road Administration (which shall comply with its responsibilities stipulated under Decree No.07-CP dated January 30, 1993 by the Government);

The Vietnam Inland Waterway Bureaus (which shall comply with its responsibilities stipulated under Decree No.08-CP dated January 30, 1993 by the Government);

The Vietnam National Maritime Bureaus (which shall comply with its responsibilities stipulated under Decree No.239-HDBT dated June 29, 1993 by the Government Prime Minister);

The Vietnam Civil Aviation Department (which shall comply with its responsibilities under stipulations of Decree No.242-HDBT dated June 30, 1992 by the Council of Ministers and Decision No.36-TTg dated February 6, 1993 by the Government Prime Minister);

The Vietnam Registry Department;

The Department for Assessment and Control Quality of Transport Projects.

Non-profit bodies:

The Institute of Science and Technology for Transport and Communications;

The Institute of Transport and Communication Economy;

The Maritime College;

The Transport and Communications School of Region I;

The Transport and Communications School of Region II;

The Transport and Communications School of Region III;

The Public Health Service of the Ministry of Transport and Communications;

The Information Center for Transport and Communications Science and Technology, and

The Transport and Communications Newspaper.

Article 4. The Minister of Transport and Communications shall baseitself upon this Decree and other concerned Decrees and Decisions of the Government PrimeMinister on the establishment of the Departments exercising State specialised managementunder the Ministry and the operation charters of such Departments to specify the duties,powers and responsibilities of the bodies assisting the Minister and non-profit units ofthe Ministry to ensure the effects of State management regarding transport andcommunication activities in the whole country.

Article 5. This Decree shall replace Decree No.151-HDBT dated May12, 1990 and come into force as from the date of its promulgation.

Article 6. The Minister of Transport and Communications, otherMinisters, the Heads of the Ministerial-level Agencies and other offices under theGovernment and the Chairmen of the People’s Committees of the provinces andcentrally-ruled cities are responsible for the implementation of this Decree.