Decree 56/2022/ND-CP functions, tasks, power, organizational structure of the Ministry of Transport

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Transport^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 101/2020/ND-CP);

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 a governmental agency, functioning to perform the state management of land, railway, inland waterway, maritime and civil aviation transport nationwide; and perform the state management of public services in accordance with law.

Article 2. Tasks and powers

The Ministry of Transport shall perform the tasks and exercise the powers provided in Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly; draft ordinances and draft resolutions of the National Assembly Standing Committee; and draft decrees of the Government under the Ministry’s approved annual lawmaking programs and plans and resolutions, projects and schemes as assigned by the Government and the Prime Minister; to submit to the Government and the Prime Minister strategies, master plans, long-term, medium-term and annual development plans, and important national projects and works falling within the scope of the Ministry’s state management in accordance with law.

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

3. To promulgate circulars, decisions, directives and other documents falling within the scope of the Ministry’s state management; to formulate national standards and promulgate national technical regulations and techno-economic norms in the sectors or fields falling within the scope of the Ministry’s state management.

4. To direct, guide, examine and organize the implementation of legal documents; to review, and evaluate the implementation of, approved master plans, strategies and plans falling within the scope of the Ministry’s state management; to carry out law communication, dissemination and education in the fields falling under the Ministry’s state management.

5. Regarding land, railway, inland waterway, maritime and civil aviation transport infrastructure facilities:

a/ To submit to the Government the regulations on management and protection of land, railway, inland waterway, maritime and civil aviation transport infrastructure facilities in accordance with law; to direct the implementation of master plans and plans on development of transport infrastructure systems which have been approved by the Government or the Prime Minister;

b/ To promulgate national technical regulations on traffic infrastructure (except national technical regulations on urban traffic infrastructure) and regulations on management, operation and maintenance of traffic infrastructure according to the Ministry’s competence;

c/ To perform the tasks and exercise the powers of the ministry managing specialized construction works and of the agency managing programs and investment projects on construction of traffic infrastructure facilities; to announce lists of projects calling for investment and forms of investment in traffic infrastructure facilities in accordance with law;

d/ To organize, guide and examine the management, operation and maintenance of traffic infrastructure facilities; to manage and operate traffic infrastructure assets as assigned to the Ministry for management in accordance with law;

dd/ To submit to the Government and the Prime Minister for decision or to decide according to the Ministry’s competence the announcement, classification, naming, adjustment, closure, opening, dismantlement, commissioning, stoppage or suspension of the operation of land, railway, inland waterway, maritime and civil aviation facilities in accordance with law;

e/ To organize the registration, and grant of certificates and permits according to law and the Ministry’s competence.

6. Regarding means of transport, assemblies, systems, components and spare parts of means of transport; means and equipment for offshore exploration, exploitation and transport; specialized-use loading, unloading and construction means and equipment; machines, equipment and supplies subject to strict requirements on occupational safety and health in transport activities (except means serving national defense and security purposes and fishing vessels), and specialized technical facilities and equipment:

a/ To regulate the registration of, and issuance of number plates for, means of railway and inland waterway transport and specialized motorbikes joining in traffic; to organize the registration of means of railway, inland waterway, maritime and civil aviation transport according to law and the Ministry’s competence;

b/ To provide regulations on technical safety quality, environmental protection and occupational safety and health for means of transport; and means and equipment for offshore exploration, exploitation and transport;

c/ To set, and guide the application of, standards and technical regulations, the registration, inspection, testing and certification of technical safety quality and environmental protection, and the management of regulation conformity declaration and regulation conformity certification of motorized road vehicles, assemblies, systems, components and spare parts of vehicles; means of railway, inland waterway, maritime and civil aviation transport; means and equipment for offshore exploration, exploitation and transport; specialized-use loading, unloading and construction means and equipment, and specialized facilities, means and equipment used for transport and other purposes in accordance with law;

d/ To grant certificates of airworthiness for aircraft; to grant export certificates of airworthiness for aircraft, aircraft engines and aircraft propellers for export; to grant or recognize type certificates for aircraft, aircraft engines and aircraft propellers manufactured in Vietnam or imported;

dd/ To provide the appraisal of technical designs in manufacture, assembly, repair, transformation and import of means of transport; specialized-use loading, unloading and construction means and equipment; means and equipment for offshore exploration, exploitation and transport, and specialized transport technical facilities and equipment in accordance with law;

e/ To grant permits for establishments designing, manufacturing, repairing, maintaining or testing aircraft, aircraft engines, aircraft propellers and aircraft facilities and equipment in Vietnam; to provide conditions and procedures for grant of operation permits for establishments providing flight assurance services, and technical systems and equipment for flight assurance; to promulgate national technical regulations applicable to establishments building and repairing seagoing vessels and inland waterway craft; to specify conditions and criteria for establishments inspecting technical safety quality and environmental protection for means of transport, means and equipment for offshore exploration, exploitation and transport, and other means, equipment and works in accordance with law;

g/ To prepare lists of potentially unsafe products and goods under regulations; to promulgate the process of inspecting and managing assorted machines, equipment, supplies and substances subject to strict requirements on occupational safety and health falling under Ministry’s management; to grant, re-grant, extend and revoke certificates of eligibility for motorized vehicle inspection and certificates of eligibility for occupational safety inspection according to the Ministry’s competence.

7. To provide the training, coaching and testing of, and grant, recognition and revocation of licenses, diplomas and professional certificates for, operators of means of transport and operators of specialized facilities and equipment in transport activities (except operators of specialized means and equipment used for national defense and security purposes and fishing vessels); and registration and inspection officers, inspection staff and persons performing peculiar jobs in the transport sector according to the Ministry’s competence.

8. Regarding land, railway, inland waterway, maritime and civil aviation transport and multimodal transport:

a/ To guide and examine the implementation of transport business conditions, transport development mechanisms and policies and transport support services according to the Government’s regulations;

b/ To formulate and promulgate national technical regulations on transport exploitation;

c/ To promulgate civil flight routes after obtaining the Prime Minister’s permission; to promulgate land, railway, inland waterway and maritime transport routes and mass transit networks in accordance with law;

d/ To provide guidance on multimode transport according to the Government’s regulations;

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

e/ To provide in detail the management of activities at airports and aerodromes (except flight activities), seaports, dry docks, ports, inland waterway wharves and railway stations and the management of railway, inland waterway and maritime transport routes.

9. Regarding traffic security and safety:

a/ To assume the prime responsibility for, or coordinate with others in, organizing the implementation of strategies, programs, plans and overall schemes on traffic safety assurance nationwide after they are approved by the Government or the Prime Minister; to guide and examine the implementation of legal provisions on assurance of land, railway, inland waterway, maritime and civil aviation traffic safety falling within the scope of the Ministry’s functions and tasks;

b/ To promulgate the Program on civil aviation security and safety according to the Ministry’s competence; to provide in detail the formulation, evaluation and approval of ship security plans, seaport security plans and waters security plans; to provide the grant of certificates related to ship security and seaport security; to assume the prime responsibility for, or coordinate with others in, examining, and providing information on, civil aviation and maritime security and safety in accordance with law;

c/ To organize investigations of aircraft incidents and accidents and maritime accidents according to law and the Ministry’s competence;

d/ To assume the prime responsibility for, or coordinate with others in, organizing search and rescue activities and response to oil spill incidents in land, railway, inland waterway, maritime and civil aviation transport according to the Ministry’s competence.

10. Regarding the environment in transport activities:

a/ To perform the state management of environmental protection in construction, management, operation and use of traffic infrastructure facilities, and management of activities of means of transport and other activities falling within the Ministry’s assigned scope and competence in accordance with law and treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ To provide the grant of certificates of environment standards for motorized road vehicles, means of railway, inland waterway and maritime transport, means and equipment for offshore exploration, exploitation and transport and means of civil aviation transport (except means of transport of the Army and Public Security forces used for the national defense and security purposes and fishing vessels); to assume prime responsibility for guiding the inspection and certification of the satisfaction of environmental standards for cars and other motorized vehicles;

c/ To promulgate national technical regulations on technical safety quality and environmental protection for means of transport falling under the Ministry’s competence in accordance with law;

d/ To promulgate technical regulations and norms on energy consumption and guide and inspect the observance of energy consumption norms for means of transport in accordance with law;

dd/ To develop and manage networks of specialized-use hydro-meteorological observation stations in the transport sector.

11. To carry out international cooperation and international integration in the fields of land, railway, inland waterway, maritime and civil aviation transport in accordance with law.

12. To direct the implementation of plans on scientific research and development, transfer and application technologies in land, railway, inland waterway, maritime and civil aviation transport; to direct the formulation and implementation of programs and projects on application of information technology, establishment and management of databases, and assurance of provision of information serving state management and satisfying the demands of organizations and individuals participating in transport activities.

13. Regarding public services:

a/ To perform the state management of public services in the sectors and fields falling under the Ministry’s state management in accordance with law;

b/ To set criteria and standards on public service quality; and mechanisms for testing, evaluation and inspection of public service quality and operation efficiency of public non-business units in the fields falling under the Ministry’s management;

c/ To guide organizations to provide public services in accordance with law.

14. Regarding enterprises and cooperatives:

a/ To submit to competent authorities for promulgation mechanisms and policies in support of development of enterprises and cooperatives in the transport sector and coordinate with related agencies and organizations in directing, guiding and inspecting the organization of implementation thereof;

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

c/ To guide and inspect the implementation of regulations applicable to conditional business sectors and trades and services and handle violations according to the Ministry’s competence;

d/ To exercise the rights and perform the responsibilities and obligations of the state owner over the state enterprises and state capital amounts invested in other enterprises in accordance with law.

15. Regarding the form of public-private partnership:

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

b/ To submit to the Government and the Prime Minister for approval or approve according to the Ministry’s competence mechanisms and policies to attract non-state budget funds for transport infrastructure and service projects in the form of public-private partnership;

c/ To organize investment promotion activities and mobilize non-state budget funds in conformity with approved strategies, plans and lists of projects;

d/ To guide, examine and sum up lists, programs and priority projects for attraction of investment capital other than state budget funds; to monitor and evaluate programs and projects on the implementation and efficiency of attraction and use of investment capital other than state budget funds.

16. To perform the tasks and exercise the powers toward associations and non-governmental organizations within the scope of the Ministry’s state management in accordance with law.

17. To carry out inspection and examination, receive citizens, and settle complaints, denunciations, reports and petitions of organizations and citizens; to prevent and combat corruption and negative practices and handle violations in the fields falling under the Ministry’s state management in accordance with law.

18. To decide on and direct the implementation of the Ministry’s administrative reform program according to the objectives and contents of the state administrative reform approved by the Prime Minister; to request competent authorities to decide or decide according to the Ministry’s competence the delegation of powers to local administrations to perform a number of tasks falling within the scope of the Ministry’s state management.

19. To manage organizational apparatus, payroll, cadres, civil servants, public employees and laborers; to implement the wage regime and regimes and policies on preferential treatment, commendation and disciplining of cadres, civil servants, public employees and laborers under the Ministry’s management; to train and further train cadres, civil servants and public employees under the Ministry’s state management.

20. To manage and organize financial affairs, state property, development investment and construction under the Ministry’s management; to organize the management of allocated state budget funds in accordance with law.

21. To perform other tasks and exercise other powers assigned by the Government or the Prime Minister and in accordance with law.

Article 3. Organizational structure

1. The Planning and Investment Department.

2. The Financial Department.

3. The Transport Infrastructure Department.

4. The Transportation Department.

5. The Legal Department.

6. The Science, Technology and Environment Department.

7. The International Cooperation Department.

8. The Organization and Personnel Department.

9. The Inspectorate.

10. The Office.

11. The Directorate for Roads of Vietnam.

12. The Vietnam Expressway Authority.

13. The Vietnam Maritime Administration.

14. The Civil Aviation Authority of Vietnam.

15. The Vietnam Railways Authority.

16. The Vietnam Inland Waterways Administration.

17. The Vietnam Register.

18. The Transport Construction Investment Management Authority.

19. The Information Technology Center.

20. The Transport Development and Strategy Institute.

21. The Transport Administrators Training School.

22. The Giao thong (Traffic) Newspaper.

23. The Transport Magazine.

The organizations defined in Clauses 1 thru 18 of this Article are those assisting the Minister in performing the state management function; the organizations defined in Clauses 19 thru 23 of this Article are public non-business units serving the function of the Ministry’s state management.

The Vietnam Maritime Administration, the Civil Aviation Authority of Vietnam and the Directorate for Roads of Vietnam have their seals with national emblem.

The Vietnam Maritime Administration, the Civil Aviation Authority of Vietnam and the Vietnam Inland Waterways Administration have maritime/aviation administrations in their respective organizational structures. The Aviation Administrations, Maritime Administrations and Inland Waterways Administrations are administrative organizations equivalent to Branches of Administrations/Authorities of the Ministry.

The Minister of Transport shall define the functions, tasks, powers and organizational structures of organizations attached to the Ministry; and submit to the Prime Minister for promulgation the list of public non-business organizations attached to the Ministry.

Article 4. Effect

1. This Decree takes effect on October 1, 2022.

2. This Decree replaces the Government’s Decree No. 12/2017/ND-CP of February 10, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport.

Article 5. Transitional provisions

1. The Enterprise Management Department shall continue to maintain its operation according to current regulations until the Ministry of Transport completes the restructuring of the Shipbuilding Industry Corporation under the competent agency’s decision.

2. The Transport Health Department shall continue to maintain its operation under current regulations until the Ministry of Transport completes the handover in status quo of the health establishments of the Transport Heath Department to localities for management and the Transport Health-Working Environment Center is established under the Prime Minister’s Decision No. 1922/QD-TTg of November 25, 2020.

3. The Minister of Transport shall define the functions, tasks, powers and organizational structures of the Directorate for Roads of Vietnam and the Vietnam Expressway Authority, ensuring the inheritance of the tasks and powers of General Department of Roads of Vietnam according to law and treaties to which the Socialist Republic of Vietnam is a contracting until the competent agencies promulgate or revise relevant regulations.

4. The public non-business units attached to General Department of Roads of Vietnam shall continue to maintain their operation under current regulations until competent agencies complete the restructuring of these units.

5. Airport Administrations, Maritime Administrations and Inland Waterway Administrations may continue to applying the financial mechanism applicable to public non-business units under regulations until the competent agency decides to implement the wage policy reform under the Party Central Committee’s Resolution No. 27-NQ/TW of May 21, 2018.

Article 6. Implementation responsibility

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH