Nghị định 51/2008/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông Vận tải

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRANSPORT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government’s Decree No. 178/2007/ND-CP dated December 3, 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.

DECREES:

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. 178/2007/ND-CP dated December 3, 2007, 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.

2. 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; and draft decisions and directives of the Prime Minister.

3. To promulgate decisions, directives and circulars within the scope of its state management; to formulate and submit to competent authorities for promulgation, or promulgate according to its competence, national standards and technical regulations in the domains under its state management.

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 and regulations on transport infrastructure according to its competence; to prescribe the maintenance, use management and exploitation of transport infrastructure (other than urban transport infrastructure) nationwide; to direct and examine the maintenance of, 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 ambit 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 organize search and rescue in road, railway, inland waterway, seaway and airway traffic.

10. Regarding environmental protection in transport activities.

a/ To organize the appraisal and approval of strategic environment assessment reports 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); 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 organize the implementation of the master plan on the network of public service non-business organizations in the branches and domains under its state management after it is approved by a competent authority;

b/ To promulgate standards and technical regulations for public service provision activities in the transport sector;

c/ To guide and support organizations in providing public services according to law.

14. Regarding representing the owner of state capital portions in state-invested enterprises:

a/ To formulate schemes on reorganization and ownership transfer of state enterprises, submit them to the Prime Minister for approval and direct their implementation after they approved;

b/ To propose the Prime Minister to appoint, reappoint and dismiss, or to appoint, reappoint and dismiss according to its competence, leaders, managers and chief accountants of state enterprises which have not been equitized;

c/ To submit to the Prime Minister for approval, or approve according to its competence, organization and operation charters of state enterprises which have not been equitized.

15. To guide and create conditions for associations and non-governmental organizations to participate in transport activities; to examine the implementation of the State's regulations on transport by associations and no-governmental organizations; handle or propose competent state agencies to handle violations committed by associations and non-governmental organizations according to law.

16. To inspect, examine and settle complaints and denunciations, to prevent and fight corruption and negative practices and handle violations of the law on road, rail, inland waterway, sea and air transport falling under its competence.

17. 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.

18. To manage its organizational apparatus and payroll; to direct the implementation of the wage regime and policies and regimes for cadres, public employees and servants and laborers under its management; to train, retrain and build a contingent of cadres, public employees and servants under its management; to prescribe office titles and technical and professional rank standards within branches under its management.

19. To manage finance and assets assigned to the Ministry and state budget funds allocated to the Ministry according to law.

20. To perform other tasks as prescribed by law or as assigned by the Government or the Prime Minister.

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.