Functions, tasks and powers of the Ministry of Transport were assgined by the Government of Vietnam as stipulated in Decree No. 107/2012 / ND-CP dated 20/12/2012. Accordingly, the Ministry of Transport is a government agency and functions to perform the state management of road, rail, inland waterway, sea and air transport nationwide, and of public services according to law; including policies, regulations and standards in the transportation sector; perform state management of transport infrastructure, transport vehicles, training driver of vehicles, transport services management, traffic safety, environmental protection, international cooperation and science & technology in the field of transport (un-official translation of the Decree No. 107/2012 / ND-CP dated 20/12/2012).
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, December 20, 2012
DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRANSPORT
- Pursuant to the December 25, 2001 Law on Organization of the Government;
- Pursuant to the Government’s Decree No. 36/2012/ND-CP dated April 18, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
- At the proposal of the Minister of Transport and the Minister of Home Affairs,
Article 1. Position and functions
The Ministry of Transport is a government agency and functions to perform the state management of road, rail, inland waterway, sea and air transport nationwide, and of public services according to law.
Article 2. - Tasks and powers
The Ministry of Transport shall perform tasks and exercise powers prescribed in the Government's Decree No. 36/2012/ND-CP dated April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and have the followings specific tasks and powers:
1. To submit to the Government bills and draft resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee; and draft resolutions and decrees of the Government under its approved annual law-making programs and plans, and projects and schemes as assigned by the Government or the Prime Minister; to submit to the Prime Minister development strategies and master plans, long-term, five-year and annual plans, and national programs and projects in the domains under its state management;
2. To submit to the Prime Minister draft decisions, directives and other documents as assigned by the Prime Minister;
3. To promulgate decisions, directives, circulars and other documents within the scope of its state management; to formulate and submit to competent authorities for promulgation; To direct, guide, inspect and organize the implementation of legal documents under its management.
To develop national standards, to issue national technical regulations, and economical-technical norms within the scope of its state management; to organize management, guide, check for conditions of line business in transport sector under category specified by the Prime Minister, Government.
4. To direct, guide, inspect, examine and organize the implementation of legal document and approved strategies, master plans and plans under its state management; to propagate, disseminate and educate about laws and information on the domains under its state management.
5. Regarding road, rail, inland waterway, sea and air transport infrastructure:
a) To direct the implementation of master plans and plans on development of transport infrastructure, already approved by the Prime Minister;
b) To promulgate construction regulations (except for urban transport infrastructure construction regulations) and regulate transport infrastructure management according to its competence; to prescribe the maintenance, use management and exploitation of transport infrastructure in nationwide; to direct and examine the maintenance and observance of standards and technical regulations on, the network of operating transport work under its management;
c) To perform the tasks and exercise the powers of the investment decider and owner, for investment projects on transport infrastructure construction; to announce the list of transport infrastructure projects calling for investment and their investment forms according to law;
d) To propose the Government to prescribe the scopes of inland waterway protection corridors and road and railway traffic safety corridors according to law; to direct and examine People’s Committees of all levels in taking measures to protect traffic safety corridors;
e) To announce and direct the opening and closure of airports and airfields and the establishment of air routes 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 sea ports, seaport water areas, seaways, ports and inland wharfs which receive foreign waterway means of transport, inland waterways, railway stations and rail routes according to law;
f)To organize the registration and grant of airport and airfield registration certificates according to law;
g) To propose the Government to prescribe the classification and naming or cording of roads, and technical standards on roads of all grades; to decide on the classification and adjustment of national highway systems; to provide specific guidance on the naming or coding of roads.
6. Regarding means of transport, construction and loading/unloading means and equipment (other than means used for defense and security purposes, and fishing vessels) and technical equipment used exclusively in transport:
a) To organize the registration of ships and aircraft according to the Government’s regulations; to prescribe the registration and grant of number plates for railway and inland waterway means of transport as well as vehicular machines in traffic;
b) To prescribe motor vehicles' technical safety and environmental protection quality;
c) To prescribe and guide the implementation of standards and technical regulations on, and the inspection of technical safety quality of, road transport motor vehicles, rail, inland waterway, air and sea means of transport, special-use loading/unloading and construction equipment, and special-use works, means and equipment for transport and other purposes according to law;
d) To organize the grant of certificates of satisfaction of aviation conditions for aircraft, and overseas aviation conditions for to-be-exported aircraft, aircraft engines and propellers; to grant or recognize certificates of category for domestic or imported aircraft, aircraft engines and propellers;
e) To prescribe the appraisal of technical design in production, assembly, repair and transformation of means of transport, special-use loading/unloading and construction equipment and means, and specialized transport technical equipment;
f) To prescribe standards and technical regulations and operation conditions for establishments designing, manufacturing, maintaining or testing aircraft, aircraft engines, propellers and interior equipment in Vietnam; and establishments providing aviation services or appraising technical safety and environmental protection quality of motor vehicles, and rail, inland waterway, sea and air means of transport and other means, equipment and works according to law.
7. To prescribe the training, coaching and examination of, and the grant, recognition and withdrawal of professional permits, diplomas and certificates for, drivers and operators of special-use means of and equipment (except for those operating special-use defense and security equipment and means and fishing vessels) or those performing peculiar jobs in the transport sector.
8. Regarding road, rail, inland waterway, sea, air and multi-air and modal transportation:
a) To guide and examine the observance of transport business conditions and mechanisms and policies on transport development and transport-related services according to the Government's regulations;
b) To prescribe technical and technological standards and regulations on transport operation and exploitation;
c) To announce civil flight routes after they are approved by the Prime Minister; to announce road, rail and inland waterway transport routes and mass transit networks according to law;
d) To guide the multi-modal transportation according to the Government's regulations;
e) To organize the grant of permits for civil flight operation; to guide and examine the implementation of the regulation on coordination in civil aviation management;
f) To detail the management of activities in airports, airfields, seaports, ports, inland wharfs, railroad stations and railway, inland waterways and seaways.
9. Regarding traffic safety:
a) To assume the prime responsibility for, and coordinate in, organizing the implementation of overall schemes on traffic safety assurance nationwide after they approved by the Prime Minister; to guide and examine the implementation of measures to ensure road, railway, inland waterway, seaway and airway traffic safety within the domains of its functions and tasks;
b) To approve civil aviation security programs and schemes on air navigation for illegally intervened aircraft, to accept civil aviation security programs of foreign airlines; to assume the prime responsibility for checking and supplying information on aviation and maritime security and safety according to law;
c) To guide procedures for investigation into airplane accidents and incidents according to the Government's regulations; to organ investigation and settlement of maritime and civil aviation accidents according to law;
d) To assume the prime responsibility for, and coordinate in, organizing search and rescue in road, railway, inland waterway, seaway and airway traffic.
10. Regarding environmental protection in transport activities.
a) To organize the appraisal of strategic environment assessment reports for strategies, plans falling under its competence; and environmental impact assessment reports, for investment projects on transport infrastructure construction and industrial production establishments falling under its competence according to law;
b) To coordinate with the Ministry of Natural Resources and Environment, concerned ministries, ministerial-level agencies, government attached agencies and provincial-level People's Committees in directing, guiding and examining the implementation of the environmental protection law and relevant regulations on transport infrastructure construction and transport activities; to monitor and examine the implementation of legal provisions on environmental protection in the domains under its state management;
c) To prescribe the grant of environmental standard certificates for road motor vehicles, rail, inland waterway, sea and air transport means (except for means of transport of the army and police used for defense and security purposes and fishing vessels); to assume the prime responsibility for and guide the examination and certification of environmental standards for automobiles and other motor vehicles.
11. To realize international cooperation and treaties on road, rail, inland waterway, sea and air transport, which Vietnam has signed or acceded to.
12. To direct the implementation of plans on scientific research, technology development and transfer in the domains of road, rail, inland waterway, sea and air transport; to direct the formulation and implementation of programs and projects on application of information technology and building of database to provide information service for state management and meet demands of organizations and individuals engaged in transport activities.
13. Regarding public services:
a) To manage state, public service and sectors within the ambit of its state management according to law;
b) To formulate and promulgate standards, process, standard rules, economic and technical norms for public service provision activities in the transport sector;
c) To guide and support organizations in providing public services according to law.
14. Regarding enterprises, cooperatives:
a) To promulgate or submit to the competent authorities to formulate schemes and policies to support the development of enterprise, cooperatives in the transport sector; and cooperate with relative agencies, organizations to direct, guide, examine the implementation;
b) To approve or submit to the competent authorities to approve the overall schemes of restructure, renovation and state-owned enterprise’s development in the transport sector; and direct to implement under assignment and decentralization;
c) To guide and examine the implementation the business, service conditions regulations and handle violations under its competence;
d) To exercise the rights, responsibilities and obligations of the owner of State for State Enterprises and State equity investments in other businesses according to law.
15. Regarding Public Private Partnership:
a) To promulgate or submit to the competent authorities to promulgate legal documents, strategies and investment plans which are not included in state budget for infrastructure transport projects.
b) To submit to the Government, the Prime Minister for approval or approved under the authority of policy mechanisms to attract capital which is not included in state budget for projects of state investment in transport infrastructure and services in the form of PPP, BOT, BT and BTO;
c) To organize investment promotion and call for capital which is not included in state budget to be suitable to the strategy, plans and lists of projects approved;
d) To guide, examine and collect portfolios, programs and priority projects to attract investment capital which is not included in the State budget; monitor, evaluate programs and projects for the implementation, attractive effectiveness and using capital which is not included in the State budget.
16. To realize the tasks, authority for associations and non-governmental organizations within the ambit of its state management according to law;
17. To inspect, examine and settle complaints and denunciations, to prevent and fight corruption and negative practices and handle violations of the law falling under its competence.
18. To decide on and direct the implementation of its administrative reform program in line with the objectives and contents of the state administrative reform program after it is approved by the Prime Minister; to propose or decide according to its competence on branch-or domain- based state management decentralization.
19. To manage its organizational apparatus and personnel, staffs; to direct the implementation of the wage regime, treat, commend and reward, discipline policies for staffs under its management according to law.
20. To manage finance and assets assigned to the Ministry and state budget funds allocated to the Ministry according to law.
21. To perform other tasks, other authority as assigned by the Government or the Prime Minister as prescribed by law.
Article 3. - Organizational structure
1. The Planning and Investment Department;
2. The Finance Department;
3. The Transport Infrastructure Department;
4. The Traffic Safety Department;
5. The Legal Department;
6. The Transportation Department;
7. The Science-Technology Department;
8. The Environment Department;
9. The International Cooperation Department;
10. The Organization and Personnel Department;
11. The Inspectorate;
12. The Office;
13. Vietnam Road Administration;
14. Vietnam Railway Administration;
15. Vietnam Inland Waterway Administration;
16. Vietnam Maritime Administration;
17. Vietnam Aviation Administration;
18. Vietnam Register;
19. The Department for Management of Transport Work construction and Quality;
20. The Transport Health Department;
21. The Institute for Transport Strategies and Development;
22. The Transport Administrators School;
23. The Information Technology Center;
24. The Transport newspaper;
25. The Transport magazine.
The units defied in Clause 1 thru Clause 20 of this Article shall assist the Minister in performing the state management function, the units defined in Clause 21 thru Clause 25 are non-business organizations attached to the Ministry of Transport.
The Office, the Inspectorate, the planning and Investment Department and the Organization and Personnel Department may organize sections; Vietnam Inland Waterway Administration, Vietnam Maritime Administration and the Department for Management of Transport Work Construction and Quality have sub-departments based in some localities.
The Minister of Transport shall propose the Prime Minister to define the functions, tasks, powers and organizational structures of Vietnam Road Administration, Vietnam Maritime Administration and Vietnam Aviation Administration and promulgate a list of the Ministry's remaining non-business organizations.
Article 4. Implementation effect
This Decree takes effect 15 days after its publication in ''CONG BAO;'' to annul the Government Decree No. 34/2003/ND-CP dated April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Transport, and all previous provisions which are contrary to this Decree.
Article 5. Implementation responsibilities
Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People’s Committees shall implement this Decree.
ON BEHALF OF THE GOVERNMENT
Nguyen Tan Dung
ON BEHALF OF THE GOVERNMENT
Nguyen Tan Dung