Nghị định 107/2012/ND-CP

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRANSPORT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Government's Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Transport,

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Transport.

Article 1. Position and functions

The Ministry of Transport is an agency of Government, performing the state management function of transport by road, railway, inland waterway, seaway and airway nationwide; state management function of public services as prescribed by law.

Article 2. Tasks and powers

The Ministry of Transport implements tasks and powers as prescribed in the Government's Decree No. 36/2012/ND-CP of April 18,2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills, draft resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee; and draft resolutions and decrees of the Government according to the approved annual programs and plans on law formulation of Ministry and projects, schemes as assigned by the Government or the Prime Minister; development strategies and master plans and long-term, five-year and annual plans; and national programs and projects in the state management fields of Ministry.

2. To submit to the Prime Minister draft decisions, directives and other documents as assigned.

3. To promulgate circulars, decisions, directives and other documents on state management over the sectors and fields under the Ministry's management; to direct, guide, examine and organize the implementation of legal documents within the Ministry's management scope.

To formulate national standards and promulgate national technical regulations and eco-technical norms in the sectors and fields within the Ministry's state management scope; to manage, guide and examine the conditional business trades of the transport sector according to the list set by the Government or the Prime Minister.

4. To direct, guide, inspect, examine and take responsible for implementation of legal documents, approved strategies, master plans and plans within the Ministry's state management scope; to inform, propagate, disseminate and educate the laws in the fields within the Ministry's state management scope.

5. For transport infrastructure of road, railway, inland waterway, seaway and airway:

a. To direct the implementation of the master plans and plans on transport infrastructure development which have been approved by the Prime Minister;

b. To issue construction regulations (except construction regulations on urban transport infrastructure) and provide for the management of transport infrastructure under its competence; to provide for the maintenance, use management and operation of transport infrastructure nationwide; to direct and examine the maintenance of, and assurance of standards and technical regulations for, the network of transport works currently in operation managed by the Ministry;

c. To perform the tasks and exercise powers of the investment-deciding agency and investor with respect to projects on investment in construction of transport infrastructure; to publish the list of projects calling for investment and the forms of investment in transport infrastructure as prescribed by law;

d. To submit to the Government for provision on the protection corridors scope of inland waterway fairways and traffic safety corridors of roads and railways as prescribed by law; to direct and examine People's Committees at all levels in taking measures to protect the traffic safety corridors;

dd. To announce and direct the closure and opening of airports and airfields and establish airways after being permitted by the Prime Minister; to decide on temporary closure and reopening of airports and airfields; to announce the closure and opening of seaports, seaport waters, navigable fairways, ports, inland wharves receiving foreign vessels out and in, inland waterway routes, railway stations and routes as prescribed by law;

e. To organize the registration of, and grant of registration certificates for airports and airfields as prescribed by law;

g. To submit to the Government for provision on the classification, naming or coding of roads and technical standards of road grades; to decide on the classification and adjustment of national highway system; and specifically guide the naming and coding of roads.

6. For vehicles and special-use loading/unloading and construction means and equipment in transport (except vehicles for defense and security purposes and fishing ships) and specialized transport technical equipment:

a. To organize the registration of seagoing ships and aircrafts in accordance with the Government's regulations; to provide for the registration of, and grant of number plates for transport means of railway inland waterway and special-use motor vehicles joining in traffic;

b. To provide for technical safety quality and environmental protection for motor vehicles;

c. To provide for and guide the implementation of standards and technical regulations, the inspection of technical safety quality of road motor transport means, transport means of railway, inland waterway, airway and seaway, special-use loading/ unloading and construction means and equipment, and special-use works, means and equipment for transport and other purposes as prescribed by law;

d. To grant certificates of eligibility for flying of aircrafts; to grant certificates of eligibility for export flying for aircrafts and aircraft engines and propellers upon export; to grant or recognize certificates of catalogues for aircraft and aircraft engines and propellers upon producing in Vietnam or importing;

dd. To provide for the verification of technical designs in the manufacture, assembly, repair and modification of vehicles, special-use loading/ unloading and construction means and equipment, and specialized transport technical equipment;

e. To provide for standards, technical regulations and operation conditions for facilities designing, manufacturing, maintaining or testing aircraft and aircraft engines, propellers and equipment in Vietnam; facilities providing services to secure flying operations and facilities inspecting technical safety quality, quality and environmental protection for motor transport means of road, railway, inland waterway, seaway and airway as well as other means, equipment and works as prescribed by law.

7. To provide for the training, testing, grant, recognition and withdrawal of permits and professional diplomas and certificates for controllers of vehicles and operators of special-use transport means and equipment (except controllers of special-use means and equipment in service for defense and security purposes and fishing ships) and for subjects doing special jobs in the transport field.

8. For transport by road, railway, inland waterway, seaway, civil aviation and multi-modal transport:

a. To guide and examine the satisfaction of transportation business conditions, the implementation of mechanisms and policies on transport development and transport support services in accordance with the Government's regulations;

b. To provide for standards, technical regulations and technologies of running and operating transportation;

c. To announce civil airways after being permitted by the Prime Minister; to announce road, railway and inland waterway routes and public transport networks as prescribed by law;

d. To guide implementation of multi-modal transportation in accordance with the Government's regulations;

dd. To license civil flight operation; to direct and examine the implementation of regulations on coordination in management of civil flight operation;

e. To detail the management of activities at airports, airfields, seaports, ports, inland wharves, railway stations and routes of railway, inland waterway and navigable fairways.

9. For traffic safety:

a. To assume the prime responsibility for or coordinate with others in implementing overall schemes on assurance of traffic safety nationwide after they are approved by the Prime Minister; to guide and examine the implementation of measures assuring for road, railway, inland waterway, seaway and civil aviation traffic safety within the scope of functions and tasks of Ministry;

b. To approve the civil aviation security programs, plans on managing illegally interfered aircraft, accepting the civil aviation security programs of foreign airlines; to take main responsibility for  supply of information on airway and maritime security and safety as prescribed by law;

c. To guide procedures for investigating aircraft incidents and accidents in accordance with the Government's regulations; to organize the investigation into and handling of maritime and civil aviation accidents as prescribed by law;

d. To assume the prime responsibility for, or coordinate with others in organizing search and rescue in road, railway, inland waterway, seaway and airway transport under its competence.

10. For environmental protection in transport activities:

a. To appraise the strategic environmental assessment reports with respect to strategies, master plans and plans within the approval competence of Ministry and the environmental impact assessment reports for projects on investment in construction of transport infrastructure and industrial production facilities under the Ministry's competence as prescribed by law;

b. To coordinate with the Ministry of Natural Resources and Environment, relevant ministries, ministerial-level agencies and government-attached agencies and provincial-level People's Committees in directing, guiding and examining the realization of the law on environmental protection and other relevant laws with respect to the construction of traffic infrastructure and transport activities; to monitor and examine the implementation of the law regulations on environmental protection in the Ministry's state management fields;

c. To provide for the grant of certificates of satisfaction of environmental standards for road motor transport vehicles, transport means of railway, inland waterway, seaway and airway (except transport means of military and public security used for defense and security purposes and fishing ships); to take main responsibility for guiding the examination and confirming the environmental standards for automobiles and other motor vehicles.

11. To perform international cooperation in road, railway, inland waterway, seaway and airway transport as prescribed by law.

12. To direct the implementation of plans on scientific study and technology development and transfer in the transport fields of road, railway, inland waterway, seaway and airway; to direct the formulation and implementation of programs and projects on application of information technology, set up databases, assure for information service for state management and meeting demand of organizations and individuals joining in transport activities.

13. For public services:

a. To perform the state management of public services in the sectors and fields under the Ministry's state management scope as prescribed by law;

b. To formulate and promulgate standards, processes, regulations and eco-technical norms for the activities of public services supply under the sectors and fields;

c. To guide for organizations performing public services as prescribed by law.

14. For enterprises and cooperatives:

a. To promulgate or submit to competent authorities to promulgate mechanisms and policies to support the development of transport enterprises and cooperatives, and coordinate with relevant agencies and organizations in directing, guiding and examining the implementation;

b. To approve or submit to competent authorities for approval of overall plans on restructuring and plans on reorganization, renewal and development of state enterprises operating in the transport sector, and direct their implementation as assigned or decentralized;

c. To guide and examine the implementation of regulations on conditional business trades and services, and handle violations under its competence;

d. To exercise the rights and perform the responsibilities and obligations of a state owner with respect to state enterprises and state investment capitals in other enterprises as prescribed by law.

15. For public-private cooperation:

a. To promulgate or submit to competent authorities to promulgate legal documents, strategies and plans on investment from non-state budget funds in projects on transport infrastructure;

b. To submit to the Government or the Prime Minister for approval or approve according to its competence mechanisms and policies on attracting non-state budget funds for projects on investment in transport infrastructure and service in the forms of PPP, BOT, BT and BTO;

c. To organize investment promotion and mobilize non-state budget funds in conformity with the approved strategies, plans and project lists;

d. To guide, examine and summarize lists of prioritized programs and projects for attracting non-state budget funds; to monitor and assess programs and projects in implementation and efficiency of attracting and using non-state budget funds.

16. To perform tasks and powers with respect to associations and non-governmental organizations within the Ministry's state management scope as prescribed by law.

17. To inspect, examine, settle complaints and denunciations, prevent and fight corruption and negative practices, and handle violations within the Ministry's state management functions.

18. To decide on, and direct the implemen­tation of the Ministry's administrative reform program in accordance with the objectives and contents of the state adminis­trative reform program which have been approved by the Prime Minister; to propose for or decide under its competence on the state management decentralization of sectors and fields.

19. To manage the organizational apparatus, payroll, cadres, civil servants and public employees; to implement the salary regime and regimes and policies on preferential treatment, commendation and discipline with respect to cadres, civil servants and public employees within the Ministry's management scope as prescribed by law.

20. To manage the assigned finance and assets as well as the allocated state budget as prescribed by law.

21. To perform other tasks and powers assigned by the Government or the Prime Minister and prescribed by law.

Article 3. Organizational structure

1. The Department of Planning and Investment;

2. The Department of Finance;

3. The Department of Transport Infrastructure;

4. The Department of Traffic Safety;

5. The Department of Legal Affairs;

6. The Department of Transport;

7. The Department of Science and Technology;

8. The Department of Environment;

9. The Department of International Cooperation;

10. The Department of Enterprise Management;

11. The Department of Organization and Personnel;

12. The Inspectorate;

13. The Office;

14. The Directorate for Roads of Vietnam;

15. The Vietnam Maritime Administration;

16. The Civil Aviation Authority of Vietnam;

17. The Vietnam Railway Administration;

18. The Vietnam Inland Waterway Administration;

19. The Vietnam Register;

20. The Department of building Administration and traffic works Quality;

21. The Department of Transport Health;

22. The Technology and Information Center;

23. The Institute of Transport Strategy and Development;

24. The School of Transport Management Cadres;

25. The Transportation newspaper;

26. The Transportation magazine.

The organizations as provided from clause 1 to clause 21 of this Article are organizations assisting the Minister in performing the state management function, the organizations as provided from clause 22 to clause 26 are non-business units serving the Ministry's state management function.

The Department of Organization and Personnel is entitled to have 03 divisions and the Department of Planning and Investment Department is entitled to have 01 division.

The Vietnam Maritime Administration, the Vietnam Inland Waterway Administration and the Department of building Administration and traffic works Quality have their Sub-departments based in some localities.

The Minister of Transport shall propose the Prime Minister to provide for the functions, tasks, powers and organizational structures of the Directorate for Roads of Vietnam and promulgate a list of the remaining other public non-business organizations attached to the Ministry.

The Minister of Transport shall define the functions, tasks, powers and organizational structures of the units attached to the Ministry, except units specified in Clause 14 of this Article.

Article 4. Effect

1. This Decree takes effect on February 15, 2013.

2. This Decree replaces the Government's Decree No. 51/2008/ND-CP of April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport; annuls the previous regulations which are contrary to this Decree.

Article 5. Transitional provisions

1. The Directorate for Roads of Vietnam shall continue implementing current regulations until the Minister of Transport proposes the Prime Minister to provide for its functions, tasks, powers and organizational structure.

2. The Vietnam Maritime Administration and the Civil Aviation Authority of Vietnam shall continue implementing current regulations until the Minister of Transport defines their functions, tasks, powers and organizational structure.

Article 6. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of the provincial People's Committees shall implement this Decree.