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THE
MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
791/2001/QD-BGTVT
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Hanoi,
March 26, 2001
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DECISION
PROMULGATING THE CHARTER ON ORGANIZATION AND OPERATION OF
THE VIETNAM REGISTER
THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to the Governments Decree No.22/CP
of March 22, 1994 defining the tasks, powers, the State management responsibilities
and organizational structure of the Ministry of Communications and Transport;
Pursuant to the Government Councils Decision No.267/CP of July 19, 1979
transforming the Bureau of Registration into the Vietnam Register and the Prime
Ministers Decision No.75/TTg of February 3, 1997 defining the tasks, powers and
organizational structure of the Vietnam Register;
At the proposal of the director of the Vietnam Register and the heads of the
Organization, Personnel and Labor Department and the Legal Department,
DECIDES:
Article 1.- To
promulgate together with this Decision the Charter on organization and
operation of the Vietnam Register under the Ministry of Communications and
Transport.
Article 2.- The director
of the Vietnam Register shall have to coordinate with the ministries and
branches, the Peoples Committees of the provinces and centrally-run cities and
the concerned bodies in implementing this Charter, in order to ensure the
register services specialized management effectiveness throughout the country.
Article 3.- This
Decision takes effect 15 days after its signing for promulgation. The previous
stipulations which are contrary to this Charter are now annulled.
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MINISTER OF COMMUNICATIONS AND
TRANSPORT
Le Ngoc Hoan
CHARTER
ON ORGANIZATION AND OPERATION OF THE VIETNAM REGISTER
(Promulgated together with Decision No.791/2001/QD-BGTVT of March 26, 2001
of the Communications and Transport Minister)
Chapter I
GENERAL PROVISIONS
Article 1.- The
Vietnam Register under the Communications and Transport Ministry, established
under the Government Councils Decision No.267/CP of July 19, 1979, has the
tasks, powers and organizational structure defined in the Prime Ministers
Decision No.75/TTg of February 3, 1997 and other relevant documents, and is a
State management body specialized in the registration and inspection of
technical safety and the certification of quality of maritime, land-road,
railway and inland waterway communications and transport means and equipment,
offshore derricks and projects, floating structures and facilities, and other
equipment related to communications and transport safety, in order to ensure
safety for human lives and properties and protect the environment. Such
activities are hereinafter collectively referred to as registration activities.
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Abbreviation: VR
Article 2.- The
Vietnam Register has the legal person status, its own seal and is entitled to
open bank accounts and is headquartered in Hanoi city.
Chapter II
TASKS AND POWERS OF THE
VIETNAM REGISTER
Article 3.- In the
legal domain
1. To elaborate and take part in the elaboration
of bills, sub-law documents, mechanisms and policies related to registration
activities for submission thereof to the Communications and Transport Minister
or competent authorities for promulgation.
2. To take part in the drafting and negotiation
of international agreements on registration activities for submission to the
competent authorities for signing; to propose to the Communications and
Transport Minister the acceding to or signing of new international agreements
on registration activities or amendment, prolongation or cancellation of those
which Vietnam has signed or acceded to.
3. To organize and inspect the implementation of
the States legal documents and international agreements related to activities
of registration and inspection of the quality and technical safety of
communications and transport means and equipment of all kinds, offshore
petroleum projects and prevention of environmental pollution caused by
communications and transport means and equipment or offshore petroleum
projects.
4. To take part in and put forward measures for
settlement of disputes related to registration activities or to settle them by
itself according to its competence.
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Article 4.- In the
domain of planning, plans and development investment
1. To work out the strategy, long-term,
five-year and annual planning and plans on development of registration
activities throughout the country, then submit them to the Communications and
Transport Minister for ratification.
2. To exercise the uniform management in the
field of capital construction investment over the units under the Register
according to the State current regulations and responsibility delegation by the
Communications and Transport Minister.
3. To work out plans for financial revenues and
expenditures, procurement of assets, equipment and facilities, investment in
building of material and technical foundations, scientific research and
personnel training, then submit them to the competent authorities for approval,
and organize the implementation of the approved plans.
Article 5.- In the
scientific and technological domain and the elaboration of technical rules and
standards
1. To organize the research into scientific
subjects and application of scientific and technological advances related to
registration activities.
2. To elaborate and take part in the elaboration
or revision and/or supplementation of technical rules and standards related to
the technical safety, environmental protection and certification of quality of
communications and transport means and equipment, fishing ships, offshore
petroleum works, floating structures and equipment related to the communications
and transport safety, then submit them to the Communications and Transport
Minister or the competent authorities for promulgation.
3. To elaborate and promulgate forms, tables,
certificates and guidance on the application of technical rules and standards
as well as international agreements concerning registration activities which
Vietnam has signed or acceded to.
4. To cooperate with register organizations and
scientific bodies at home and abroad in carrying out programs for scientific
research and application of new technologies to registration activities.
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6. To join branch-level science, technology and
environment councils.
Article 6.- In the
domain of registering maritime and inland waterway communications and transport
means and equipment and offshore petroleum projects
1. To expertise technical designs for building,
manufacture, modification and/or repair of sea-going ships, inland waterway
means, offshore petroleum works, floating structures and related systems and
equipment.
2. To inspect and grant certificates of
technical safety and environmental protection to sea-going ships, inland
waterway means, offshore petroleum works, floating structures and the related
systems and equipment, which are newly built, manufactured, repaired or in
operation, on the basis of the Vietnamese technical standards and rules and the
foreign standards.
3. To inspect and grant certificates of
technical safety and environmental protection to sea-going ships, offshore
petroleum projects, floating structures and the related systems and equipment
according to the provisions of the International Convention on Safety of Lives
at Sea (SOLAS 74/78), the International Convention on Prevention of Marine
Pollution Caused by Sea-Going Ships (MARPOL 73/78), the International
Convention on Load Lines of Sea-Going Ships (LOADLINES 66), the International
Convention on Tonnage of Sea-Going Ships (TONNAGE 69), the International
Collision Prevention Regulations (COLREG 72) and other international agreements
concerning registration activities which Vietnam has signed or acceded to. To
authorize the foreign registers to carry out the inspection and grant
certificates of technical safety and environmental protection to sea-going
ships and offshore petroleum works according to the above-said international
conventions when so requested by the means owners.
4. To inspect and grant certificates of
technical safety to foreign sea-going ships under the authorization of the
governments of the countries whose flags are hoisted on such ships or by
foreign registers or of orders of the Vietnamese competent State bodies, or
when so requested by ship-owners.
5. To propose the Communications and Transport
Minister to permit or not to permit foreign sea-going ship registers to carry
out activities of registering sea-going ships in Vietnam.
6. To take part in the technical examination of
accidents caused by offshore petroleum equipment, facilities and works.
7. To perform the function of State management
over activities of registering fishery means according to the provisions of the
Governments Decree No. 72/1998/ND-CP of September 15, 1998 on ensuring safety
for fishermen and fishery means operating on the sea and the joint
implementation guidance by the Communications and Transport Ministry and the
Aquatic Resources Ministry.
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1. To expertise technical designs related to the
manufacture, assembly and/or modification of land-road motorized means,
construction and special-use equipment and related systems and equipment.
2. To inspect and grant certificates of quality,
technical safety and environmental protection to land-road motorized
communication means, construction and special-use equipment and the related
systems and equipment which are manufactured, assembled, modified, exported
and/or imported according to the regulations of the Communications and
Transport Ministry.
3. To periodically inspect and grant
certificates of technical safety and environmental protection to land-road
motorized communication means, construction and special-use equipment, which
are in operation, according to the regulations of the Communications and
Transport Ministry.
4. To perform the function of State management
over the railway registering activities according to the Communications and
Transport Ministrys regulations.
5. To periodically inspect and grant
certificates of precision to measuring -checking devices used in the operation
concerning technical safety and environmental protection of land-road motorized
means.
Article 8.- In the
domain of technical inspection of equipment subject to the strict requirements
on use safety in communications and transport
1. To inspect and grant certificates of
technical safety to loading and unloading equipment, forklifts and elevators,
which are manufactured, assembled or repaired and in use in the field of
communications and transport.
2. To inspect and grant certificates of
technical safety to boilers and pressure resistant equipment in the fields of
transport, mechanical engineering production, construction of communications
and transport works.
Article 9.- In the
domain of technical inspection of communications and transport industrial
products
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2. To inspect and grant certificates or written
recognition of manufacturing establishments, laboratories, testing stations in
service of inspection of industrial products turned out by production
establishments and related to the quality and safety under the Vietnam
Registers management.
3. To inspect and grant certificates of safety
to containers of all kinds used in goods transport.
Article 10.- In the
domain of evaluating and granting certificates to quality and safety control
systems
1. To evaluate and grant certificates of
standard conformity to the quality control and environmental protection systems
of enterprises according to the relevant Vietnamese or international standards
of quality control (ISO 9000) and environmental management (ISO 14000).
2. To evaluate and grant certificates of
standard conformity to the safety control systems of enterprises and means
subject to the technical inspection by the Vietnam Register according to the
relevant Vietnamese law provisions or international regulations (ISM Code)
which Vietnam has acceded to.
Article 11.- In the
domain of scientific and technical consultancy and services
The Vietnam Register may organize the provision
of scientific and technical services and/or consultancy services according to
its capability and market demands, after obtaining permission from the
Communications and Transport Ministry or competent authorities.
Article 12.- In the
economic and financial domains
1. To direct its attached units to strictly
implement and observe the financial, accounting and statistical policies and
regimes prescribed by the State and the Communications and Transport Ministry.
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3. To guide its attached units to work out
financial revenue and expenditure plans, then synthesize and submit them to the
Communications and Transport Minister for approval. To assign financial revenue
and expenditure plans to its attached units and inspect the implementation thereof
according to the regulations of the State and the Communications and Transport
Ministry and its responsibility assignment.
4. To formulate brackets of prices, fees and
charges related to the registration activities, then submit them to the
competent bodies for promulgation.
5. To assume the prime responsibility for or
coordinate with the functional bodies in organizing the examination and
approval of annual financial reports of its attached units; to make and submit
the entire branchs general report on final settlement to the Communications and
Transport Ministry.
6. To organize the implementation of relevant
regulations on capital investment management when it is assigned by the
Government or the Communications and Transport Ministry to act as the investor
of development projects related to the field of registration activities.
7. To manage the material foundation, assets and
operation funds assigned or allocated to it according to the regulations and
responsibility delegation by the Communications and Transport Ministry.
8. To observe the prescribed reporting and
statistical regimes.
Article 13.- In the
domain of international relations
1. To work out plans for international cooperation,
negotiations and compilation of documents on cooperation relationship with
international and foreign registers in the field of registration activities,
then submit them to the Communications and Transport Ministry for approval.
2. To join the international registers after
obtaining permission from the competent State management bodies. To be entitled
to sign cooperation documents with foreign registers or other foreign
organizations related to the registration activities according to the provisions
of law.
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Article 14.- In the
domain of organization, personnel and labor
1. To work out planning and plans for training,
fostering and employment of its contingent of public servants, employees and
laborers, then submit them to the Communications and Transport Minister for
approval and implementation organization.
2. To elaborate personnel titles and criteria,
labor norms and mechanism with particularities of the registration branch, then
submit them to the Communications and Transport Minister for promulgation and
implementation organization.
3. To organize the inspection and examination of
its attached units, and join the competent bodies in inspecting or examining
the observance of the provisions of the legislation on labor, insurance and
specialized labor protection by the units in the registration branch.
4. To manage the organization and payroll
according to the regulations promulgated by the Communications and Transport
Minister. To request the Communications and Transport Minister to appoint,
dismiss, commend, reward or discipline leading officials directly managed by
the Communications and Transport Ministry.
The director of the Vietnam Register shall be
entitled to appoint, dismiss, commend, reward or discipline officials of other
positions under its direct management according to the responsibility
delegation by the Communications and Transport Minister.
5. To organize the training and appointment of
register officers, researchers and evaluators of the specialized registration
branch according to the responsibility delegation by the Communications and
Transport Minister.
6. To direct and join competent authorities in
performing the internal political security work at its attached units.
7. To set up, reorganize or dissolve its
professional sections and divisions and attached organizations according to the
responsibility delegation by the Communications and Transport Minister.
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1. To perform the tasks of inspecting and/or
examining the registration activities subject to its State management according
to the provisions of law.
2. To settle complaints and denunciations
according to the Ordinance on Complaints and Denunciations and the Regulation
on operation of the Inspectorate of the Communications and Transport Ministry.
3. To synthesize inspection activities and the
work of settling complaints and denunciations performed by the units under its
management, then report them to the Communications and Transport Minister.
Chapter III
THE ORGANIZATION OF THE
VIETNAM REGISTER
Article 16.- The
organization of the Vietnam Register
1. The organizational structure of the Register
consists of:
a/ The bodies assisting the director, including:
the office, sections, divisions and equivalent units.
b/ The sub-departments, branches, register
stations, centers.
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3. The director is the person who heads and
leads the Register according to the one-chief regime. The vice directors who
assist the director shall perform specific tasks assigned by the director. When
the director is absent, one vice director shall be authorized to represent
him/her.
The director of the Vietnam Register shall be
appointed and dismissed by the Communications and Transport Minister.
The vice directors of the Vietnam Register shall
be appointed and dismissed by the Communications and Transport Minister at the
proposal of the Vietnam Register�s
director.
Chapter IV
RELATIONSHIP BETWEEN THE
VIETNAM REGISTER AND THE CONCERNED STATE BODIES AND BODIES ASSISTING THE
COMMUNICATIONS AND TRANSPORT MINISTER
Article 17.- The
Vietnam Register shall submit to the direct leadership of the Communications
and Transport Minister and be subject to the State management by the
ministries, ministerial-level bodies and bodies attached to the Government in
the relevant fields.
Article 18.- Under the
authorization of the Communications and Transport Minister, the Vietnam
Register may directly contact the ministries, ministerial-level bodies, bodies
attached to the Government and the Peoples Committees of the provinces and
centrally-run cities to settle problems related to the registration activities.
Article 19.-
1. The Vietnam Register
shall submit to the instruction and inspection of managerial profession by the
bodies that advise and assist the Communications and Transport Minister.
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3. The Vietnam Register shall coordinate with
the provincial/municipal Communications and Transport Services (Communications
and Public Work Services) in organizing the management of registration
activities in their respective localities; direct and inspect the performance
of the function of State management over the registration work in localities
according to its competence.