Decision No. 23/12/1998 dated December 23, 1998 of the Ministry of Transport to issue the provisional regulation on the organization and operations of the Vietnam road administration

DECISION

TO ISSUE THE PROVISIONAL REGULATION ON THE ORGANIZATION AND OPERATIONS OF THE VIETNAM ROAD ADMINISTRATION

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Pursuant to Decree No.22-CP of March 22, 1994 of the Government providing for the tasks, powers, State management responsibility and the organizational structure of the Ministry of Communications and Transport;

Pursuant to Decree No.7-CP of January 30, 1993 of the Government on the establishment of Vietnam Road Administration attached to the Ministry of Communications and Transport;

In furtherance of Official Document No.2891/VPCP-KTN of July 28, 1998 of the Minister-Director of the Government Office, reporting the opinion of the Prime Minister instructing the Ministry of Communications and Transport to issue the Regulation on the Organization and Operation of the Vietnam Road Administration and Vietnam River Administration;

In order to concretize the organization, function, tasks, powers and responsibilities of the Vietnam Road Administration;

At the proposal of the Head of the Vietnam Road Administration and the Head of the Organization, Personnel and Labor Department,

DECIDES:

Article 1.- To issue together with this Decision the "Provisional Regulation on the Organization and Operations of the Vietnam Road Administration".

Article 2.-

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

2. In the course of implementation, the Vietnam Road Administration should sum up experiences and propose to the Minister of Communications and Transport for decision to make amendments and supplements in order to ensure that the managerial mechanism of the road transport service take effect throughout the country and to submit them to the Prime Minister for official promulgation.

Article 3.- The Head of Office of the Ministry, the Head of the Vietnam Road Administration, the Heads of other departments, the Heads of the units attached to the Ministry shall, within the purview of their responsibilities, implement this Decision.

PROVISIONAL REGULATION

ON THE ORGANIZATION AND OPERATIONS OF THE VIETNAM ROAD ADMINISTRATION
(Issued together with Decision No.3525/1998/QD-BGTVT of December 23, 1998 of the Minister of Communications and Transport)

Chapter I

GENERAL PROVISIONS

Article 1. - The Vietnam Road Administration attached to the Ministry of Communications and Transport has been set up under Decree No.7-CP of January 30, 1993 of the Government.

Its international transaction name in English is Vietnam Road Administration or VRA in abbreviation.

VRA is the State management agency specialized in road communications and transport in the whole country.

Article 2.- VRA has the legal person status and its own seal, is covered by the State budget for its expenditures, is allowed to open accounts at the State Treasury and has its office located in Hanoi City.

Chapter II

TASKS AND POWERS OF THE VIETNAM ROAD ADMINISTRATION

Article 3.- In the legal field:

1. To elaborate and take part in the elaboration of bills, sub-law documents, mechanism and policies specializing in road communications and transport for the Minister of Communications and Transport to submit to the competent authority for promulgation or to issue by itself according to its competence.

2. To take part in drafting or to directly draft and negotiate (with authorization from the Minister of Communications and Transport), to make suggestions on the signing, amendment, extention, abrogation of international agreements which Vietnam has signed or acceded to concerning road communication and transport and submit them to the Minister of Communications and Transport for decision.

3. To guide, organize and inspect the implementation of the legal and regulatory documents of the Ministry of Communications and Transport concerning road communications and transport in the whole country. To make suggestions to the Minister of Communications and Transport on questions related to the management of road communications and transport for the Minister of Communications and Transport to promulgate them according to his competence or to submit them to the Government for promulgation.

4. To join the concerned agencies in the education and dissemination of laws for the employees and workers in the road communications and transport service and the dissemination of the road communications and transport laws in the whole society.

5. To take part in considering and proposing measures to solve or to solve according to its competence the international legal disputes within the framework of the activities in road communications and transport.

Article 4.- In the domain of planning, plan and development investment:

1. Basing itself on the strategic orientation and the socio-economic development plans of the State, it shall elaborate the strategy, planning and long-term, five-year and yearly plans on development of road communications and transport in the whole country for the Minister of Communications and Transport to submit to the Government for ratification.

To guide and provide technical and professional assistance to the localities in planning and making plans for development of communications and transport in the localities.

2. To directly manage the capital for the maintenance and repair of national highways, manage investment projects according to the Government’s regulations and the assignment of work by the Minister of Communications and Transport.

3. To contribute opinions to the related organizations and agencies in elaborating projects of investment using domestic and foreign capital aimed at ensuring the effectiveness of the investment in the domain of road communications and transport.

4. To assign planned targets (or orders) for maintenance and repair of national highways to attached units and Communications and Transport Services (Communications and Public Works Services) which are assigned to manage national roads.

- To guide, monitor, direct and inspect attached units and Communications and Transport Services or Communication and Public Works Services (the portion of the plan of placing orders or consignments) in the management and maintenance of the roads and the implementation of the plans on investment in infrastructure construction.

Article 5.- In the domain of management of the road communications infrastructure:

1. To organize the management of the planning and plans of repair of the road system.

2. To organize and direct the management, maintenance and exploitation of the infrastructure of road communications and to set up the system of signals of the roads in order to ensure safety and the effective exploitation of the system of national highways as assigned. To direct the Communications and Transport Services (Communications and Public Works Services) to observe the regimes, processes and rules on the management and exploitation of the system of local roads.

3. To coordinate with the local agencies and administrations and the related branches in the management and protection of the road communications projects as prescribed by law (including the safety protection corridor for the road communications projects).

4. To organize the assurance of uninterrupted communications and at the same time to support the localities in ensuring communications in case of natural disaster and enemy sabotage.

5. To supply various types of maps, documents and information on road communications and transport to the related units as prescribed.

Article 6.- In the domain of road transport and mechanized means and drivers:

1. To make planning, plans and work out the mechanisms and policies on road transport and mechanized means, for the Minister of Communications and Transport to submit to the Government for promulgation or to promulgate them by itself. The Vietnam Road Administration shall guide, organize and inspect the implementation.

2. To take part in elaborating or to elaborate the technical norms on mechanized means for roads including also the domains of production, import and export and exploitation of the means (including the used mechanized means for road transport) for the Minister of Communications and Transport to issue according to his competence. VRA shall coordinate in guiding, organizing and inspecting the implementation.

3. To manage direct and inspect the implementation of the rates for transport, loading and unloading and services according to its competence with regard to all economic sectors operating in the road transport service.

4. To study and elaborate policies of protecting the road transport service for the Minister of Communications and Transport to submit to the Government for decision.

5. To coordinate with the related agencies in the administrative registration, and making registers for transport vehicles and special-use vehicles. To organize the administrative registration of the road construction mechanized means for the organizations and individuals of all economic sectors throughout the country (including foreign organizations and individuals operating in Vietnam).

6. To manage the organization of road transport in the whole country and in cross-border road transport. To issue and withdraw road transport permits of organizations and individuals throughout the country as authorized by the Minister of Communications and Transport.

7. To manage the maintenance, repair and transformation of automobiles in the whole country to issue and withdraw permits for maintenance, repair and transformation of automobiles.

8. To ratify or assume the prime responsibility for the ratification of designs for transformation of mechanized road means and take part in the Council for test on completion of the technical quality for production and transformation of motorized road means.

9. To perform the function of State management over the examinations and issue of driving licenses in the whole country. To organize the examinations for, the issue and renewal of driving licenses for various subjects as assigned by the Minister of Communications and Transport.

Article 7.- In the domain of communications and transport safety:

1. To work out processes, rules, norms and measures to ensure safety of road communications and transport and submit them to the Minister of Communications and Transport for promulgation; the Vietnam Road Administration shall guide, organize and inspect the implementation.

2. To organize and direct the inspectoral service in road communications and transport in the whole country. To handle according to its competence the violations in communications safety, the protection of road communications projects and urban traffic safety.

3. To join the competent agencies in setting criteria for the health of the drivers of mechanized road means, the regulations on the inspection of communicable diseases, fires, explosions and environmental pollution on the road transport means.

4. To join the local specialized agencies and administration in analyzing the causes of serious traffic accidents.

5. To take part in the Standing Committee of the National Traffic Safety Commission.

6. To organize the research, file keeping, education and information about road communications in transport safety.

Article 8. - In the economic and financial field:

1. To direct its dependent units to correctly carry out the policies and regimes in finance, accountancy and statistics; to coordinate with the relevant agencies in guiding the Communications and Transport Service (Communications and Public Works Services) which are consigned the road capital as prescribed by the State and the Ministry of Communications an Transport.

2. To direct and organize the accountancy apparatus suited to the character of each type of enterprise and the non-business units of the Administration; to propose amendments and supplements to the policies and regimes on finance and accountancy work to make them compatible the characteristics of the service.

3. To direct the attached units to work out plans for financial revenues and expenditures (including revenues and expenditures in foreign currencies), to sum up the situation to report to the competent State agency for ratification. To assign and inspect the dependent units to perform financial collections and expenditures as prescribed by the State and the assignment of responsibilities by the Ministry of Communications and Transport.

4. To manage the material bases, property and budget allocated to it as prescribed and according to the assignment of responsibilities by the Ministry of Communications and Transport.

5. To work out the regimes of collection of bridge and road tolls, charges on ferries, fees for the issue of certificates and documents on road communications and transport in order to submit to the competent agency for ratification. According to the assignment of responsibilities by the Ministry of Communications and Transport, to assign plans for financial collection and expenditures, to organize nod direct the collection of fees and road tolls and other arising revenues, to inspect and urge the units to observe the regime of budget collection and remittance.

6. To work out the bracket of transport rates, charges of loading and unloading, and road transport services and submit them to the competent agency for publication or to publicize them according to its competence.

7. To ratify the financial accounts and settle the overall accounts concerning the State budget allocated to the road business according to the assignment of responsibilities by the Ministry of Communications and Transport, and submit them to the Ministry of Communications and Transport and the Ministry of Finance for ratification. To coordinate with the finance agency managing the capital and property of the State at the enterprises in organizing the inspection and ratification of the annual fiscal report of the enterprises under the Administration and reporting to the Ministry of Communications and Transport.

8. To organize the implementation of the regulations related to the management of investment fund in case the Administration is assigned by the Government or the Ministry of Communications and Transport as investor of development projects in road communications and transport.

9. To carry out the regime of periodical statistics and reporting.

Article 9.- In the domain of science and technology:

1. To build and take part in building a system of criteria, processes and rules and economic and technical norms for the road communications and transport service and submit it to the Minister of Communications and Transport for promulgation. The VRA shall guide, organize and inspect the implementation.

2. To organize the research on projects of science and application of scientific and technological advances in management for the road communications and transport service.

3. To perform the function of a service-level Scientific and Technological Council.

4. To cooperate with scientific and technological organizations in the country and abroad in studying projects on the development of the communications and transport service; to organize conferences and seminars on road communications and transport.

5. To provide scientific and technological information on road communications transport.

Article 10. - In the domain of international relations:

1. To work out the orientation and plan for international cooperation, to negotiate and work out documents on cooperative relations with other countries in road communications and transport and submit them to the Minister of Communications and Transport for approval or the Minister shall submit them to the Government for ratification.

2. To make suggestions to the Minister of Communications and Transport to take part (or not to take part) beside international organizations in road communications and transport by authorization of the Minister of Communications and Transport, it is allowed to liaise with international road communications and transport organizations.

3. To manage internationally-funded projects for the road communications and transport service as assigned by the Ministry of Communications and Transport. To contribute opinions to the competent agencies in considering for granting of investment cooperation permits with foreign countries and to manage foreign organizations operating in Vietnam in the domain of road communications and transport.

Article 11.- In the domain of organization, personnel and labor force:

1. To work out the planning and plan for the training, fostering and use of the contingent of public employees and workforce pertaining to the VRA to submit to the Minister of Communications and Transport for approval and the VRA shall organize the implementation.

2. To work out the titles and criteria of the public employees, labor norms and the regime of special labor in the specialty of road communications and transport and submit them to the Minister of Communications and Transport for promulgation and to the Administration for guidance in the organization and inspection of the implementation.

3. To organize the inspection and supervision of the units of the VRA and join the agencies with competence of inspection and supervision over the units in the road communications and transport service in implementing the law regulations concerning labor, insurance and labor safety in the service.

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

The Head of the Vietnam Road Administration is entitled to appoint, dismiss, reward or discipline the remaining titles under the direct managerial power of the Administration as assigned by the Minister of Communications and Transport.

5. To organize the training and fostering of the personnel of the road communications and transport service as prescribed by the Minister of Communications and Transport.

6. To direct and join the competent authorities in the protection of internal politics at the units under the management of the VRA.

7. To propose to the Minister of Communications and Transport to set up, dissolve, rearrange the professional organizations and enterprises attached to the Administration as prescribed by the Government.

Article 12.- In the domain of State inspection:

1. To carry out the task of supervision and inspection within the direct State managerial power of the Vietnam Road Administration; to settle the complaints and denunciations according to the Ordinance on Complaints and Denunciations and the Operational Statute of the Inspectorate of the Ministry of Communications and Transport.

2. To sum up the activities in inspection and settle the complaints and denunciations within the direct managerial power of the Administration and to report it to the Minister of Communications and Transport.

Chapter III

ORGANIZATION OF THE VIETNAM ROAD ADMINISTRATION

Article13.- The organization of the Vietnam Road Administration includes:

1. Agencies assisting the Administration Head: the Office, the staff bureaus and equivalent organizations.

2. The road management sectors.

3. The non-business units attached to the Administration (schools, the projects management committee, the medical organization...)

4. The attached State enterprises.

The setting up, merger, rearrangement and dissolution of the road management sectors, the non- business units (schools, projects managing committee, medical organization...), State enterprises attached to the Administration shall be proposed by the Administration Head to the Minister of Communications and Transport for decision according to his competence or proposed by the Minister to the Prime Minister for decision.

Article 14. - The Head of the Vietnam Road Administration shall be proposed by the Minister of Communications and Transport, ratified by the Minister-Chairman of the Government Commission for Organization and Personnel and nominated by the Prime Minister.

The Deputy Head (Heads) of the Vietnam Road Administration shall be proposed by the VRA Head and appointed by the Minister of Communications and Transport after consulting the Minister-Chairman of the Government Commission for Organization and Personnel.

The Administration Head is the head and leader of the Administration according to the one-responsible-person regime; the Deputy Heads shall assist the Administration Head and take charge of the job of State management according to the assignment by the Administration Head. In the absence of the Administration Head, one Deputy Head shall be assigned to act on the former�s behalf.

Chapter IV

RELATIONS BETWEEN THE VIETNAM ROAD ADMINISTRATION AND THE RELEVANT STATE AGENCIES AND THE AGENCIES ASSISTING THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Article 15.- The Vietnam Road Administration is placed under the direct leadership of the Minister of Communications and Transport and the State management of the ministries, ministerial-level agencies and the agencies attached to the Government in the related domains.

Article 16.- With the authorization of the Minister of Communications and Transport, the Vietnam Road Administration is entitled to directly liaise with the Ministries, ministerial-level agencies and the agencies attached to the Government and the People’s Committees of the localities to settle issues related to the implementation of its functions of its functions and tasks.

Article 17.-

1. The Vietnam Road Administration comes under the guidance and inspection in managerial profession by the staff agencies assisting the Minister of Communications and Transport.

2. The Vietnam Road Administration has cooperative relations with specialized State management agencies of the Ministry of Communications and Transport and other related agencies in the management, protection, exploitation, use, inspection and supervision of the system of communications projects aimed at ensuring safe and uninterrupted communications.

3. The Vietnam Road Administration shall have to guide and coordinate with the Communications and Transport Services (Communications and Public Works Services) in planning the development and organizing the management of the local road communications and transport; to direct and inspect the implementation of the State management function in road communications and transport in the localities according to its competence.

Chapter V

IMPLEMENTATION PROVISIONS

Article18.- This Regulation takes effect according to the promulgation decision. All earlier regulations which are contrary to this Regulation are now annulled.

Article 19.- The Vietnam Road Administration shall have to coordinate with the ministries, branches and the People’s Committees of the provinces and centrally-run cities and the relevant agencies in implementing this Regulation in order to ensure that the mechanism of specialized management in road communications and transport be effective throughout the country.