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THE MINISTRY OF COMMUNICATIONS AND TRANSPORT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 3525/1998/QD-BGTVT
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Hanoi, December 23,
1998
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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.
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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.
MINISTER OF
COMMUNICATIONS AND TRANSPORT
Le Ngoc Hoan
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
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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
Article 13.- 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...)
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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.-
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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
Article 18.- 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.