Quyết định 3619/1998/QD-BGTVT

DECISION

PROMULGATING THE PROVISIONAL ORGANIZATION AND OPERATION CHARTER OF VIETNAM INLAND WATERWAYS ADMINISTRATION

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Pursuant to Decree No.22/CP of March 22, 1994 of the Government defining tasks, powers, State management responsibility and organizational structure of the Ministry of Communications and Transport;
Pursuant to Decree No.08/CP of January 30, 1993 of the Government on the establishment of the Vietnam Inland Waterways Administration under the Ministry of Communications and Transport;
Pursuant to Document No.289/VPCP-KTN of July 28, 1998, of the Minister-Director of the Government Office stating the Prime Minister’s opinions about assigning the Ministry of Communications and Transport to promulgate the Charter on Organization and Operation of the Vietnam Inland Roads Administration and the Vietnam Inland Waterways Administration;
In order to specify the organization, function, tasks, powers and responsibilities of the Vietnam Inland Waterways Administration;
At the proposal of the Director of the Vietnam Inland Waterways Administration in Report No.1159/ CDS-TCCB of September 23, 1998 of the head of the Organization, Personnel and Labor Department,

DECIDES

Article 1.- To promulgate together with this Decision the "Provisional Charter on Organization and Operation of the Vietnam Inland Waterways Administration".

Article 2.-

1. This decision takes effect 15 days after its signing.

2. During the course of implementation, the Vietnam Inland Waterways Administration shall sum up experiences and propose admentments and supplements to the Minister of Communications and Transport for decision in order to ensure the effective management of the inland waterways branch nationwide, so that it shall be submitted to the Prime Minister for official promulgation.

Article 3.- The director of the Office of the Ministry, the director of the Vietnam Inland Waterways Administration, heads of departments and heads of the units under the Ministry shall, within the scope of their respective responsibilities, have to implement this Decision.

PROVISIONAL CHARTER

ON ORGANIZATION AND OPERATION OF VIETNAM INLAND WATERWAYS ADMINISTRATION
(Issued together with Decision No.3619/1998/ QD-BGTVT of December 31, 1998 of the Minister of Communications and Transport)

Chapter I

GENERAL PROVISIONS

Article 1.- The Vietnam Inland Waterways Administration under the Ministry of Communications and Transport is established according to Decree No.08/CP of January 30, 1993 of the Government.

Its international transaction name in English is: VIETNAM INLAND WATERWAYS ADMINISTRATION.

It is abbreviated as VIWA.

The Vietnam Inland Waterways Administration is a body exercising the State management over the inland waterways communications and transport nationwide, including the communications and transport on rivers, lakes, canals, coastal lines along bays, sea lanes from seashores to islands and between islands in the inland waters (hereafter referred collectively to as inland waterways).

Article 2.- The Vietnam Inland Waterways Administration has the legal person status and its own seal, is entitled to the State budget fund, to open its account(s) at the State Treasury and is headquartered in Hanoi.

Chapter II

TASKS AND POWERS OF VIETNAM INLAND WATERWAYS ADMINISTRATION

Article 3.- In the legal domain:

1. To elaborate and participate in the elaboration of bills, sublaw documents, mechanisms and policies regarding the specialized inland waterways so that the Minister of Communications and Transport submits them to competent bodies for promulgation or promulgates them according to his/her competence.

2. To participate in drafting, negotiating and/or concluding international treaties on inland waterways communications and transport; to propose the accession or amendments to or extension, cancellation of international treaties on inland waterways communications and transport, which Vietnam has signed or acceded to. for submission to the Minister of Communications and Transport for decision.

3. To organize, guide and inspect the implementation of the Ministry’s legal documents on inland waterways communications and transport nationwide. To propose to the Minister of Communications and Transport matters related to the management of inland waterways communications and transport so that the Minister of Communications and Transport promulgates them according to his/her competence or proposes to the Government for promulgation.

4. To join the concerned bodies in effecting the law education and propagation among employees and laborers within the inland waterways communications and transport sector as well as the dissemination and propagation of legislation on inland waterways communications and transport in the entire society.

5. To participate in considering and proposing measures for settlement or settle according to its jurisdiction all international legal disputes within the scope of inland waterways communications and transport.

Article 4.- On the fields of planning, plans and development investment:

1. Based on the State’s strategic orientations and plans for socio-economic development, to elaborate the strategy, plannings, long-term, five-year and annual plans on inland waterways communications and transport development nationwide so that the Minister of Communications and Transport submits them to the Government for approval.

To provide technical and professional guidance and assistance for localities in drawing up plannings and plans for local communications and transport development.

2. To directly manage the capital for maintenance of centrally-run inland waterways and manage construction investment projects according to the Government’s regulations and the Communications and Transport Minister’s assignment.

3. To contribute opinions to concerned bodies on mapping out investment projects which use domestic and/or foreign capital sources in order to ensure the efficiency of investment in thc field of inland waterways communications and transport.

4. To assign plan (or goods production order) for inland waterways maintenance to attached units and provincial/municipal Communications and Transport Services (or the Public Works Service) which are entrusted to manage centrally-run inland waterways.

5. To guide, monitor, direct and inspect attached units and the provincial/municipal Communications and Transport Services or Public Work Services (regarding the assigned plan or goods production order) in the management and/or maintenance of the inland waterways and the execution of investment plans for construction of infrastructure.

Article 5.- Regarding the management of inland waterways communications infrastructures:

1. To manage the plannings and plans for maintenance of inland waterways systems.

2. To organize and direct the management, maintenance and exploitation of inland waterways infrastructure and arrange the inland waterways traffic signal systems in order to ensure the safety and efficient exploitation of the inland waterways systems according to assigned responsibilities. To guide the provincial/municipal Communications and Transport Services (or Public Works Services) in implementing regimes, processes and regulations for the management and exploitation of local inland waterways systems.

3. To coordinate with local agencies and administration as well as concerned branches in managing and protecting inland waterways traffic works according to the provisions of law.

4. To ensure non-interrupted traffic and at the same time support localities in ensuring smooth traffic in the event of natural calamities and/or enemy sabotages.

5. To publicize the inland waterways communications lines; to license the use of water areas on the inland waterways managed by the central government.

6. To announce the opening and closure of inland ports and ferries under its management on the inland waterways controlled by the central government; to perform the State management tasks and powers at the inland ports and ferries.

7. To provide assorted maps, documents and information on inland waterways communications and transport for concerned units as prescribed.

Article 6.- Regarding the inland waterways transport:

1. To elaborate plannings, plans and policies for inland waterways transport and transport means development suited to the situation on waterways and rivulets so that the Minister of Communications and Transport may submit them to the Government for promulgation or promulgate them by him/herself according to his/her competence. The Vietnam Inland Waterways Administration shall guide, organize and inspect the implementation thereof.

2. To join in the elaboration of or to elaborate by itself technical norms for mechanized inland waterways communications and transport means, including the new building, modification, repair, export, import and exploitation of means (including used mechanized inland waterways means so that the Minister of Communications and Transport may promulgate them according to his/her competence; the Vietnam Inland Waterways Administration shall coordinate in guiding, organizing and inspecting the implementation thereof.

3. To study and elaborate the policy for the protection of the inland waterways transport sector for the Minister of Communications and Transport to submit it to the Government for decision.

4. To perform the function of State management over the registration of inland waterways transport means throughout the country.

5. To issue permits for mechanized inland waterways means of Vietnamese organizations and individuals which leave Vietnam for foreign countries, and means of foreign organizations and individuals which carry goods or passengers on inland waterways of Vietnam, according to its responsibility assigned by the Ministry of Communications and Transport, the provisions of Vietnamese laws and international treaties which the Socialist Republic of Vietnam has signed or acceded to.

6. To perform the function of inspecting the training and examination of inland waterways means operators as well as the granting and changing of driving licenses therefor throughout the country according to competence. To organize the granting and changing of licenses for river ship captains and chief mechanics as prescribed by the Ministry of Communications and Transport.

Article 7.- Regarding communications and transport safety:

1. To draw up processes, regulations, criteria and measures to ensure the inland waterways communications and transport safety, to be submitted to the Minister of Communications and Transport for promulgation; the Vietnam Inland Waterways Administration shall guide, organize and inspect the implementation thereof.

2. To organize and direct the specialized communications and transport inspectorate throughout the country. To administratively sanction according to competence the violations of regulations on inland waterways traffic safety and the protection of inland waterways transport means.

3. To join the competent bodies in setting health conditions for inland waterways means operators and the regulations on inspection of epidemics, fires, explosions, environmental pollution,... on inland waterways transport means.

4. To organize salvage and rescue forces on inland waterways lines.

5. To join functional bodies and local administration in analyzing the causes of serious traffic accidents.

6. To permanently direct the inland waterways communications and transport safety.

7. To study, keep and propagate information on inland waterways communications and transport safety.

Article 8.- Regarding the financial and economic areas:

1. To direct the attached units to strictly abide by the financial, accounting and statistical policies and regimes; to coordinate with concerned agencies and guide the provincial/municipal Communications and Transport Services (or Public Works Services), which are entrusted to use inland waterways capital as prescribed by the State and the Ministry of Communications and Transport.

2. To direct and organize the book-keeping apparatus suitable to the nature of each type of enterprise and non-business units of the Administration; to propose amendments and/or supplements to financial and accountancy policies and regimes suitable to the branch’ particulars.

3. To guide attached units in elaborating plans on financial revenues and expenditures (including foreign currency revenues and expenditures), make sum-up reports and submit to competent State bodies for approval. To assign financial revenue and expenditure plans to attached units, and inspect the implementation thereof according to the State�s regulations and the assignment of responsibility by the Ministry of Communications and Transport.

4. To manage the assigned material foundations, property and funds according to regulations and responsibility assigned by the Ministry of Communication and Transport.

5. To work out regulations on collection of inland waterways communications and transport charges and fees and submit them to competent bodies for promulgation; to organize the collection of inland waterways communications and transport charges and fees as prescribed.

6. To elaborate the inland waterways freight, loading-unloading and service charge bracket for promulgation by the competent body or by itself according to competence.

7. To ratify final settlement of accounts and sum up the settlement of allocated funds from the State budget for non-business inland waterways activities according to responsibility assigned by the Ministry of Communications and Transport, submit them to the Ministry of Communications and Transport and the Ministry of Finance for ratification. To coordinate with the finance agency which manages the State’s capital and property at enterprises in organizing the examination and ratification of financial reports of the enterprises under the Administration and report such to the Ministry of Communications and Transport.

8. To implement regulations on the management of investment capital when the (Inland Waterways) Administration is assigned by the Government or the Ministry of Communications and Transport to act as the investor of projects on inland waterways communications and transport development.

9. To strictly observe the statistical and reporting regimes as prescribed.

Article 9.- Regarding the fields of science and technology:

1. To elaborate and participate in the elaboration of systems of criteria, process, regulations and technical-economic norms for the inland waterways communications and transport sector, then submit them to the Ministry of Communications and Transport for promulgation; the Vietnam Inland Waterways Administration shall guide, organize and inspect the implementation thereof.

2. To organize scientific researches and the application of the progresses of the managerial science and technology to the inland waterways communications and transport.

3. To function as thc science and technology council of the branch.

4. To cooperate with technological and scientific institutions inside and outside the country in studying projects for the development of the communications and transport service; to organize conferences and seminars on inland waterways communications and transport.

5. To disseminate information on inland on inland waterways communications and transport science and technology.

Article 10.- Regarding international relations:

1. To work out orientation and plans for international cooperation and negotiations, to elaborate documents for international cooperation on inland waterways communications and transport and submit them to the Minister of Communications and Transport for ratification or the Minister shall submit them to the Government for promulgation.

2. To recommend the Minister of Communications and Transport to join (or not to join) international organizations for inland waterways communications and transport; to establish, according the authorization of the Minister of Communications and Transport, relations with international organizations for inland waterways communications and transport.

3. To manage the international aid projects given to the inland waterways communications, and transport sector according the responsibility assigned by the Ministry of Communications and Transport. To propose the competent bodies to consider the licensing of foreign investment cooperation projects and manage foreign organizations operating in Vietnam in the field of inland waterways communication and transport.

Article 11- Regarding the fields of organization, personnel and labor:

1. To draw up plannings and plans for training, fostering and employing the contingent of officials, employees and laborers of the Vietnam Inland Waterways Administration and submit them to the Minister of Communications and Transport for approval, and the Vietnam Inland Waterways Administration shall organize the implementation thereof.

2. To set professional titles and criteria for officials and employees and set the particular labor norms and working regimes of the inland waterways communications and transport sector and submit them to the Minister of Communications and Transport for promulgation, the Vietnam Inland Waterways Administration shall guide, organize and inspect the implementation thereof.

3. To organize the examination and inspection of units under the Vietnam Inland Waterways Administration and join the competent bodies to examine and inspect units of the inland waterways communications and transport sector in the observance of the provisions of legislation on labor, insurance, and specialized labor protection.

4. To manage the organization and staffing as prescribed by the Minister of Communications and Transport; to propose the Minister of Communications and Transport to appoint, dismiss, reward and discipline leading officials directly managed by the Ministry of Communications and Transport.

The Director of the Vietnam Inland Waterways Administrations is entitled to appoint, dismiss, reward and discipline officials holding other titles of the Administration according to the assignment of responsibility by the Minister of Communications and Transport.

5. To organize the training and fostering of specialized employees and workers of the inland waterways communications and transport sector according to the assignment of responsibility by the Minister of Communications and Transport. To organize the national council for river ship captains’ and chief mechanics’ examination.

6. To direct and join competent levels in organizing the internal security work at units managed by the Vietnam Inland Waterways Administration.

7. To propose the Minister of Communications and Transport to set up, dissolve or restructure non-business sections and enterprises of the Administration according to the Government’s regulations.

Article 12.- Regarding the field of State inspection:

1. To perform the tasks of inspection and examination within the scope of State management competence of the Vietnam Inland Waterways Administration; to settle complaints and denunciations according to the legislation thereon and the operation regulations of the Ministry of Communications and Transport’s Inspectorate.

2. To sum up the inspection activities and the settlement of complaints and denunciations within the scope of its direct management for reporting them to the Minister of Communications and Transport.

Chapter III

THE ORGANIZATION OF VIETNAM INLAND WATERWAYS ADMINISTRATION

Article 13.- The Vietnam Inland waterways Administration is organized to include:

1. Bodies assisting the Director: The Office, the advisory boards and equivalent organizations;

2. The regional inland waterways management departments;

3. The regional inland waterways authorities;

4. The non-business units attached to the Vietnam Inland Waterways Administration (the projects managing board, schools, medical organization,...);

5. The State enterprises under the Administration.

The establishment, merger, reorganization and dissolution of the regional inland waterways management departments, the inland waterways authorities, non-business units (the projects managing board, schools, medical organization,...) and State enterprises under the Vietnam Inland Waterways Administration shall be proposed by its Director to the Minister of Communications and Transport for decision according to competence, or by the Minister to the Prime Minister for decision.

Article 14.- The Director of the Vietnam Inland Waterways Administration shall be appointed by the Prime Minister at the proposal of the Minister of Communications and Transport and with the examination and consent of the Minister-Head of the Government's Commission for Organization and Personnel.

The deputy-director(s) of the Vietnam Inland Waterways Administration shall be recommended by its Director and appointed by the Minister of Communications and Transport after consulting with the Minister-Head of the Government’s Commission for Organization and Personnel.

The Director heads and leads the Vietnam Inland Waterways Administration according to one-boss Regime; the deputy-director(s) shall assist the Director and undertake the State management tasks assigned by the Director, When the Director is absent, a deputy- director is authorized to act on the former’s behalf.

Chapter IV

THE RELATIONSHIP BETWEEN VIETNAM INLAND WATERWAYS ADMINISTRATION AND  CONCERNED STATE AGENCIES AND BODIES ASSISTING THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Article 15.- The Vietnam Inland Waterways Administration is directly led by the Minister of Communications and Transport and subject to the State management by ministries, ministerial-level agencies and agencies attached to the Government over relevant domains.

Article 16.- Under the authorization of the Minister of Communications and Transport, the Vietnam Inland Waterways Administration is entitled to directly contact the ministries, the ministerial-level agencies, the agencies attached to the Government and the local People Committees for settlement of matters related to the performance of its function and tasks.

Article 17.-

1. The Vietnam Inland Waterways Administration is subject to the professional guidance and the inspection by the advisory bodies assisting the Minister of Communications and Transport.

2. The Vietnam Inland Waterways Administration shall coordinate with specialized State management agencies of the Ministry of Communications and Transport and other relevant agencies in managing, exploiting, using, examination and inspection of traffic works system in order to ensure smooth and safe communications.

3. The Vietnam Inland Waterways Administration guides and coordinates with the provincial/municipal Communications and Transport Services (or the Public Works Services) in planning the development and organizing the management of local inland waterways communications and transport; directs and inspects the performance of the function of State management over the inland waterways communications and transport in the localities according to its competence.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18. - This charter takes effect according to the issuance decision. All earlier provisions contrary to this charter are now annulled.

Article 19.- The Vietnam Inland Waterways Administration shall have to coordinate with the concerned ministries, branches, People’s Committees of the provinces and centrally-run cities and relevant agencies in implementing this charter in order to ensure the effective mechanism for the management of inland waterways system throughout the country.