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

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Decree No. 56/2022/ND-CP dated August 24, 2020 of the Government defining the functions, tasks, power and organizational structure of the Ministry of Transport
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Official number:56/2022/ND-CPSigner:Pham Binh Minh
Type:DecreeExpiry date:Updating
Issuing date:24/08/2022Effect status:
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Fields:Organizational structure , Transport

SUMMARY

Change the organizational structure of the Ministry of Transport

On August 24, 2020, the Government issues the Decree No. 56/2022/ND-CP defining the functions, tasks, power and organizational structure of the Ministry of Transport.

Accordingly, from October 01, 2022, the Ministry of Transport shall only organize 23 affiliated units instead of 27 units as in previous regulation. 4 units that are no longer belong to the Ministry of Transport include: Transport Safety Department; Environment Department; Enterprises Management Department; Public - Private Partnership Investment Project Management Department. Other units that remain the same include: International Cooperation Department; Organization and Personal Department; Ministry’s Inspectorate; Traffic Newspaper; Transport Magazine; Institute of Transport Strategies and Development, etc.

The Ministry of Transport shall prescribe the registration, issuance of plates for railway, inland waterway transport means and specialized motorbikes participating in traffic; organize the registration of railway, inland waterway, maritime and civil aviation transport means according to competence and legal provisions; grant the full flight qualification certificates for aircraft; prescribe conditions and procedures for granting of exploitation permits for establishments providing flight assurance services, flight-assuring technical systems and equipment.

This Decree takes effect on October 01, 2022.

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TTXVN

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 56/2022/ND-CP

 

Hanoi, August 24, 2022

 

DECREE

Defining the functions, tasks, power and organizational structure of the Ministry of Transport

 

Pursuant to the June 19, 2015 Law on Organization of the Government, 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 Administrations;

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

At the Minister of Transport’s proposal,

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

 

Article 1. Positions and functions

The Ministry of Transport is a government agency, functioning to perform the state management of land, railway, inland waterway, maritime, civil aviation transport nationwide; the state management of public services as prescribed by law.

Article 2. Tasks and powers

The Ministry of Transport performs the tasks and exercises the power provided at the Government’s Decree No. 123/2016/ND-CP of September 1st, 2016, defining the functions, tasks, power and organizational structures of ministries and ministerial-level agencies; Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of Decree No. 123/2016/ND-CP and the following specific tasks and powers:

1. To submit to the Government draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the National Assembly Standing Committee; draft decrees of the Government under the ministry’s annual legislative programs and plans already approved and resolutions, projects and schemes assigned by the Government, the Prime Minister; to submit to the Government, the Prime Minister the strategies, planning, long-term, medium-term and annual development plans, important national projects and works within the scope of the ministry’s state management and under provisions of law.

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

3. To promulgate circulars, decisions, directives and documents within the ministry’s state management scope; to elaborate the national norms and promulgate national technical standards, techno-economic quotas in sectors or domains within the ministry’s state management scope.

4. To direct, guide, examine and organize the materialization of approved normative documents within the ministry’s state management scope; to communicate, propagate, disseminate and educate law in domains under the ministry’s management.

5. Regarding the land, railway, inland waterway, maritime and civil aviation transport infrastructures:

a/ To submit to the Government the regulations on management and protection of land, railway, inland waterway, maritime and civil aviation transport infrastructures as provided by law; to direct the implementation of planning and plans on development of the transport infrastructure systems already approved by the Government, the Prime Minister;

b/ To promulgate national technical norms on traffic infrastructures (excluding the national technical norms on urban traffic infrastructures) and the regulations on management, exploitation and maintenance of traffic infrastructures according to competence;

c/ To perform the tasks and exercise the power of the ministry managing specialized construction works, the agency sponsoring the management of programs, investment projects on construction of traffic infrastructures; to promulgate lists of projects calling for investment capital and forms of investment in traffic infrastructures as prescribed by law;

d/ To direct, guide and examine the management, exploitation and maintenance of traffic infrastructures; to manage and exploit traffic infrastructure assets within the scope of assigned management according to law;

dd/ To submit to the Government, the Prime Minister for decision or to decide according to competence the promulgation, classification, naming, adjustment, closure, opening, dismantlement, commissioning, stoppage or suspension of the exploitation of land, railway, inland waterway, maritime, civil aviation facilities as provided by law;

e/ To organize the registration, certificate- and permit-granting according to jurisdiction and provisions of law.

6. Regarding traffic means, totality, systems, components and spare parts of traffic means; sea exploring, exploitation and transport means; specialized loading, unloading and construction means and equipment; machines, equipment and materials with strict requirements on labor safety and hygiene in transport activities (excluding means in service of defense, security and fishing ships) and specialized facilities and technical equipment:

a/ To prescribe the registration, issuance of plates for railway, inland waterway transport means and specialized motorbikes participating in traffic; to organize the registration of railway, inland waterway, maritime and civil aviation transport means according to competence and legal provisions;

b/ To prescribe the technical safety quality, environmental protection, labor safety and hygiene for transport means; sea exploration, exploitation and transport means and equipment;

c/ To prescribe and guide the application of standards and technical norms, the registration, inspection, testing and certification of technical safety quality and environmental protection, to manage the norm-conformity promulgation and certification of motorized land transport means, totality, system, components and spare parts of means; railway, inland waterway, maritime, civil aviation transport means; sea exploration, exploitation and transport means and equipment; specialized loading, unloading and construction means and equipment, specialized facilities, means and equipment used for transport and other purposes as provided by law;

d/ To grant the full flight qualification certificates for aircraft; to grant the full export flight qualification certificates for aircraft, aircraft engines, propellers; to grant or recognize class certificates for aircraft, aircraft engines and propellers manufactured in Vietnam or imported;

dd/ To provide the appraisal of technical designs in manufacture, assembly, repair, transformation, import of transport means; specialized loading, unloading and construction means and equipment, sea exploration, exploitation or transport means and specialized transport technical facilities and equipment as provided by law;

e/ To grant permits for establishments designing, manufacturing, repairing, maintaining or testing aircraft, aircraft engines, propellers and aircraft facilities and equipment in Vietnam; to prescribe conditions and procedures for granting of exploitation permits for establishments providing flight assurance services, flight-assuring technical systems and equipment; to promulgate national technical norms of establishments building, repairing sea vessels, inland waterway facilities; to prescribe conditions and standards of establishments appraising the technical safety quality and environmental protection for transport means, sea exploration, exploitation and transport facilities and other means, equipment and works as prescribed by law;

g/ To make the lists of products and commodities which may cause unsafety as provided; to promulgate the process of appraising and managing assorted machines, equipment, materials and substances with strict requirements on labor safety and hygiene under the management jurisdiction; to grant, renew, extend, withdraw certificates of full qualification for motorized vehicle inspection activities, certificates of full qualification for inspection of labor safety techniques according to competence.

7. To provide the training, coaching, testing, grant, recognition, withdrawal of licenses, diplomas, professional certificates for traffic means operators, persons operating specialized facilities and equipment in transport activities (excluding operators of specialized means and equipment used for defense, security purposes and fishing vessels); register-inspectors and professional assessment personnel and subjects performing peculiar jobs in transport domain according to competence.

8. Regarding land, railway, inland waterway, maritime and civil aviation transport and multi-mode transport:

a/ To guide and examine the implementation of transport business conditions, transport development mechanisms and policies, transport-prop services as provided by the Government;

b/ To elaborate and promulgate national technical standards on transport exploitation;

c/ To promulgate civil flight routes permitted by the Prime Minister; to promulgate land, railway, inland waterway, maritime transport and mass transit networks as prescribed by law;

d/ To guide the application of multi-mode transport as prescribed by the Government;

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

e/ To detail the management of activities at airports (excluding flight activities), sea ports, dry docks, inland waterway ports, wharves, railway stations and the management of railway, inland waterway and maritime transport routes.

9. Regarding traffic security and safety:

a/ To assume prime responsibility for, or coordinate in implementing the strategies, programs, plans and overall schemes on traffic safety assurance nation-wide after they are approved by the Government, the Prime Minister; to guide and examine the implementation of legal provisions on assuring the land, railway, inland waterway, maritime and civil aviation transport safety, which fall within the scope of the ministry’s functions and tasks;

b/ To promulgate civil aviation security and safety programs according to competence; to detail the formulation, assessment and approval of plans on sea shipping security, plans on seaport security and plans on water area and water zone security; the regulations on grant of certificates related to sea vessel security, sea port security; to assume prime responsibility for, or coordinate in examination and supply of information on civil aviation and maritime security, safety as provided by law;

c/ To organize the investigations of airplane incidents, accidents, maritime accidents according to competence and law;

d/ To assume prime responsibility for, or coordinate in, organizing searches and rescues, coping with oil spill incidents in land, railway, inland waterway, maritime and civil aviation transport according to competence.

10. Regarding the environment in transport activities

a/ To perform the state management of environmental protection in building, managing, exploiting and using traffic infrastructures, management of transport means’ activities and other activities within the assigned scope and competence according to law and international treaties of which the Socialist Republic of Vietnam is a member;

b/ To provide the grant of certificates of environment standards for motorized land transport means, railway, inland water way, maritime transport means, sea exploration, exploitation and transport and civil aviation transport means and facilities ( excluding transport means of the army, public security used for the purposes of defense and security and fishing vessels); to assume prime responsibility for guiding the inspection and certification of environmental standards for cars and other motorized vehicles;

c/ To promulgate national technical norms on technical safety quality and environmental protection for transport means falling under competence as provided by law;

d/ To promulgate technical norms, energy consumption quotas and guide and inspect the observance of energy consumption quotas for transport means as provided by law.

dd/ To develop and manage networks of meteorological observation posts for exclusive use in transport domain.

11. To implement international cooperation and integration in land, railway, inland water way, maritime and civil aviation transport domains under provisions of law.

12. To direct the implementation of plans on scientific research and development and technological transfer and application in land, railway, inland water way, maritime and civil aviation transport domains; to direct the formulation and realization of programs, projects on application of information technology, to establish and manage databases, assuring information services for state management and satisfying the demands of organizations, individuals participating in transport activities.

13. Regarding public services:

a/ To perform the state management of public services in sectors and domains under the ministry’s state management as provided by law;

b/ To prescribe the public service quality criteria and standard; mechanism for inspection, evaluation and appraisal of public service quality, efficiency of operation of public non-business units in domains under management;

c/ To guide organizations to provide public services according to law.

14. Regarding enterprises, cooperatives:

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

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

c/ To guide and inspect the implementation of regulations on conditional business sectors, trades and services and handle the violations according to competence;

d/ To perform the rights, responsibility and obligations of the state owner over the state enterprises and state capital portions invested in other enterprises as provided by law.

15. Regarding the public-private partnership mode:

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

b/ To submit to the Government, the Prime Minister for approval or approve according to competence mechanisms and policies to attract non-state budget capital sources for transport infrastructure and service projects by public-private partnership mode;

c/ To organize investment promotion and mobilization of non-state budget capital in conformity with the approved strategies, plans and lists of projects;

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

16. To perform the tasks and exercise the power towards associations, non-governmental organizations within the ministry’s state management scope as provided by law.

17. To investigate, inspect and receive citizens, to handle complaints, denunciations, reports and petitions of organizations and citizens; to prevent and combat corruption, negative phenomena and handle acts of law violations in domains under the ministry’s state management as provided by law.

18. To decide on and direct the implementation of administrative reform programs of the ministry according to the objectives and contents of the state administrative reform already approved by the Prime Minister; to request competent authorities to decide or decide according to competence the decentralization to local administrations for the performance pf a number of tasks within the ministry’s state management scope.

19. To manage and organize the apparatus, staff of cadres, civil servants, public employees and laborers; to apply the wage regime and preferential treatment regimes and policies, commendation and disciplinary regimes to cadres, civil servants, public employees and laborers under the ministry’s management; to train and foster cadres, civil servants, public employees under the ministry’s state management scope.

20. To manage and organize the financial activities, state property and development and construction investment under the ministry’s management; to organize the management of allocated state budget according to law.

21. To perform other tasks and powers assigned by the Government, the Prime Minister and prescribed by 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 Ministry Office

11. Vietnam Road Department.

12. Vietnam Expressway Department.

13. Vietnam Maritime Department

14. Vietnam Aviation Department.

15. Vietnam Railways Department.

16. Vietnam Inland Waterway Department.

17. Vietnam Registration and Inspection Department.

18. Construction Investment Management Department.

19. Information Technology Center.

20. The Institute of Transport Strategies and Development.

21. Transport Administrators Training School.

22. Traffic Newspaper.

23. Transport Magazine.

The organizations defined at from Clause 1 to Clause 18 of this Article are bodies assisting the Minister in performing the state management functions; the organizations defined at from Clause 19 to Clause 21 of this Article are public non-business units in service of the function of the ministry’s state management.

Vietnam Maritime Department, Vietnam Aviation Department and Vietnam Land Road Department have the seals with national emblem.

Vietnam Maritime Department, Vietnam Aviation Department and Vietnam Inland Water Ways Departments have port authorities in their respective organizational structures. The Airport Authorities, Maritime Port Authorities and Inland Waterway Port Authorities are administrative organizations corresponding to Sub-Departments of the ministry departments.

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

Article 4. Effect

1. This Decree takes effect on October 1st, 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 continues to maintain its operation according to current regulations until the Ministry of Transport completes the restructuring of the Ship Building Industry Corporation under decisions of competent bodies.

2. The Transport Health Department continues to maintain its operation under current regulations until the Ministry of Transport completes the handover in status quo of the medical establishments of the Transport Heath Department to localities for management and the Transport Labor Environment and Medical Center is established under the Prime Minister’s Decision No1922/QD-TTg of November 25, 2020.

3. The Minister of Transport defines the functions, tasks, powers and organizational structure of Vietnam Land Road Department, Vietnam Expressway Department, ensuring the inheritance of the functions, tasks and powers of Vietnam General Department of Land Road according to provisions of law and international treaties, of which the Socialist Republic of Vietnam is a member under competent bodies promulgate or amend, supplement provisions of related law.

4. The public non-business units attached to Vietnam General Department of Land Road continue to maintain their activities under current regulations until competent bodies complete the restructuring of these units.

5. Airport Authorities, Maritime Port Authorities and Inland Waterway Port Authorities continue applying the financial mechanism of public non-business units under current regulations until the competent bodies decide to apply the wage policy reform under Decision No.27-NQ-TW of May 21, 2018 of the Party Central Committee.

Article 6. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached bodies, presidents of the provincial/municipal People’s Committees shall implement this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

PHAM BINH MINH

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