Decree No. 34/2003/ND-CP dated April 04, 2003 of the Government prescribing the functions, tasks, powers and organizational structure of the Ministry of Communications and Transport

DECREE

PRESCRIBING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF COMMUNICATIONS AND TRANSPORT

THE GOVERNMENT

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

Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session of the XIth National Assembly of the Socialist Republic of Vietnam prescribing the list of ministries and ministerial-level agencies of the Government;

Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structure of the ministries and ministerial-level agencies;

At the proposals of the Minister of Communications and Transport and the Minister of the Interior,

DECREES:

Article 1.- Position and function

The Ministry of Communications and Transport is a governmental agency, which performs the State management over land-road, railway, riverway, seaway and airway communications and transport nationwide; exercises the State management over public services and acts as representative of the owner of the State capital portions at State-invested enterprises under the Ministry’s management as prescribed by laws.

Article 2.- Tasks and powers

The Ministry of Communications and Transport shall have to perform the tasks and powers prescribed in the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 stipulating the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government and/or the Prime Minister bills, draft ordinances and other legal documents in the domains under its State management;

2. To submit to the Government and/or the Prime Minister development strategies and plannings, long-term, five-year and annual plans, national programs and projects and other important projects in the domains under its State management;

3. To promulgate decisions, directives and circulars falling within the scope of its State management.

4. To direct, guide, inspect and take responsibility for the implementation of legal documents, strategies and plannings already approved as well as other legal documents within the scope of its State management; to propagate, disseminate and educate in legislation on land-road, railway, riverway, seaway and airway communications and transport.

5. On traffic infrastructure:

a) To manage the investment in and construction of investment projects on traffic infrastructure under its competence;

b) To organize the implementation and take responsibility for the supervision and evaluation of investment; to expertise the quality of traffic infrastructures according to law provisions;

c) To organize the expertise of technical designs, total cost estimates and estimates of investment projects and traffic infrastructures according to management decentralization;

d) To guide and inspect the work of bidding, consultancy, construction and installation of traffic infrastructures according to law provisions;

e) To provide for the maintenance, use management and exploitation of traffic infrastructures; to announce the closure and opening of seaports, river-ports, airports, railway stations and the system of land-road, railway, riverway, seaway and airway traffic according to law provisions.

6. On traffic means as well as loading/unloading or construction means and equipment exclusively used in communications and transport:

a) To prescribe the types and operation scope of motorized traffic means (except for motorized means in service of security and defense purposes) and guide the organization of implementation thereof;

b) To promulgate lists of traffic means as well as special-use loading/unloading or construction means and equipment which must be registered; to uniformly prescribe the registration and granting of number plates for railway, riverway, seaway and airway traffic means as well as special-use vehicular machinery joining in traffic (except for means in service of security and defense purposes and fishing means);

c) To promulgate standards and provide for the inspection of quality and technical safety of motorized traffic means as well as special-use loading/unloading or construction means and equipment (except for motorized means in service of security and defense purposes);

d) To prescribe the expertise of technical designs and manufacturing technologies used in the production, repair and conversion of traffic means as well as special-use loading/unloading or construction means and equipment.

7. On training and examination of, and granting of licenses, to traffic means operators and operators of means and equipment exclusively used in transport and communications (except for operators of special-use means and equipment in service of security and defense purposes):

a) To prescribe the conditions, capability and professional criteria requiring training and test, applicable to traffic means operators and operators of means and equipment exclusively used in communications and transport;

b) To prescribe and manage the training and granting of licenses, permits and professional certificates to traffic means operators and operators of means and equipment exclusively used in communications and transport;

c) To prescribe the conditions and criteria for the setting up and operation of establishments for training and testing traffic means operators and operators of means and equipment exclusively used in communications and transport;

d) To prescribe the conditions and criteria applicable to those who train, test and grant permits to traffic means operators.

8. On transport activities:

a) To promulgate according to its competence or to propose mechanisms and policies for the development of transportation and transportation services;

b) To prescribe the announcement of transport itineraries and mass transit network; to promulgate rules, regulations, criteria and technological process for the operation and exploitation of assorted transport types;

c) To prescribe the coordination between one-modal and multi-modal transportation, meeting the demand for goods and passenger transportation between areas and regions as well as external transportation.

d) To coordinate with the Ministry of Finance in stipulating the bracket of freights, loading and unloading charges as well as charges for sole transport services or services entitled to State subsidies or assigned by the State to enterprises;

e) To coordinate with the Ministry of Public Security in inspecting specialized transport security and safety; to prescribe the inspection of flight safety.

9. To assume the main charge of, coordinate with ministries, branches and localities in, and take responsibility for, organizing the application of measures related to assorted domains under its direct management to ensure traffic safety.

10. To carry out international cooperation in the domains of land-road, railway, riverway, seaway and airway communications and transport according to law provisions.

11. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances to the domains of land-road, railway, riverway, seaway and airway communications and transport.

12. To decide on specific undertakings and measures and direct the realization of mechanisms for operation of organizations providing public services in the domain of communications and transport according to law provisions; to manage and direct the operation of its attached non-business organizations.

13. To exercise specific tasks and powers of the representative of owner of the State capital portions at State-invested enterprises operating in the domain of communications and transport under its management according to law provisions.

14. To perform the State management over operation of private and collective economic organizations, associations and non-government organizations operating in the domain of communications and transport according to law provisions.

15. To examine, inspect and settle complaints and denunciations, to combat corruption and negative acts and handle violations of legislation on land-road, railway, riverway, seaway and airway communications and transport falling under its competence.

16. To decide and direct the implementation of its administrative reform program according to the objectives and contents of the State’s administrative reform program already approved by the Prime Minister; to submit to the Government the decen-tralization of State management over communications and transport to local People’s Committees.

17. To manage the organizational apparatus and payroll; to direct the realization of wage policies as well as policies on preferential treatment, commendation, rewards and disciplines towards State officials and employees under its management; to provide professional training and fostering to officials and employees of the communications and transport service.

18. To manage allocated funding and assets and organize the execution of allocated budgets according to law provisions.

Article 3.- Organizational structure of the Ministry:

a) Organizations assisting the Minister in performing the State management functions:

1. The Planning and Investment Department;

2. The Finance Department;

3. The Legal Department;

4. The Transport Department;

5. The Science-Technology Department;

6. The International Cooperation Department;

7. The Organization and Personnel Department;

8. The Inspectorate;

9. The Office;

10. Vietnam Road Administration;

11. Vietnam Railway Administration;

12. Vietnam Inland Waterway Bureau;

13. Vietnam Maritime Bureau;

14. Vietnam Aviation Administration;

15. Vietnam Registry;

16. The Department for Expertise and Management of Traffic Work Quality.

The Minister of Communications and Transport shall submit to the Prime Minister for stipulation the functions, tasks, powers and organizational structures of Vietnam Maritime Bureau and Vietnam Aviation Administration.

b) Non-business organizations under the Ministry:

1. The Institute for Communications and Transport Science and Technology;

2. The Institute for Communications and Transport Strategy and Development;

3. The Maritime University;

4. The Ho Chi Minh City Communications and Transport University;

5. The Informatics Center;

6. The Communications and Transport Health Service;

7. The Communications and Transport newspaper;

8. The Communications and Transport magazine.

The Minister of Communications and Transport shall assume the prime responsibility and coordinate with the Minister of the Interior in working out plans for restructuring other existing non-business organizations under its management (schools for training and fostering officials and employees of the communications and transport service; colleges, and intermediate vocational and job-training schools) and submitting them to the Prime Minister for approval.

Article 4.- Implementation effect

This Decree takes effect 15 days after its publication on the Official Gazette and replaces the Government’s Decree No. 22/CP of March 22, 1994 on the tasks, powers, State management responsibilities and organizational structure of the Ministry of Communications and Transport; Decree No. 239/HDBT of June 29, 1992 of the Council of Ministers on the establishment of Vietnam Maritime Bureau; the Prime Minister’s Decision No. 31/TTg of February 2, 1993 promulgating the Regulation on organization and operation of Vietnam Maritime Bureau; the Government’s Decree No. 07/CP of January 30, 1993 on the establishment of Vietnam Road Administration; the Government’s Decree No. 08/CP of January 30, 1993 on the establishment of Vietnam Inland Waterway Administration; the Government’s Decree No. 68/CP of October 25, 1995 on the functions, tasks, powers and organizational structure of Vietnam Civil Aviation Administration; the Prime Minister’s Decision No. 75/TTg of February 3, 1997 on the tasks, powers and organizational apparatus of Vietnam Registry; and other previous law provisions contrary to this Decree.

Article 5.- Implementation responsibility

The Minister of Communications and Transport, the ministers, the heads of the ministerial-level agencies, the heads of agencies attached to the Government and the presidents of the provincial/municipal People’s Committees shall have to implement this Decree.