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THE GOVERNMENT
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SOCIALIST REPUBLIC
OF VIET NAM
Independence -
Freedom - Happiness
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No. 80-CP
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Hanoi ,December 05,
1996
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DECREE
STIPULATING THE
ORGANIZATION AND OPERATION OF THE SPECIALIZED TRANSPORT AND COMMUNICATIONS
INSPECTORATE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on the Protection of Traffic Works of December 2,
1994;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
In implementation of Government Decrees No.36-CP of May 29, 1995 on ensuring
road and urban traffic order and safety, No. 49-CP of July 26, 1995 stipulating
the administrative sanctions against violations of road and urban traffic order
and safety, No.39-CP of July 5, 1995 on ensuring railway traffic order and
safety and No.40.CP of July 7, 1995 on ensuring inland water traffic order and
safety;
At the proposals of the Minister of Transport and Communications and the
Minister-Chairman of the Government Commission on Organization and Personnel,
DECREES:
Chapter I
GENERAL PROVISIONS
Article
1.- This Decree provides for the organization and operation of the
specialized road, railway and inland water transport and communications
Inspectorate (Traffic Inspectorate for short).
Article 2.- The Traffic Inspectorate shall inspect the
observance of the provisions of law on the protection of traffic works and
transport and communications safety, and the handling of administrative
violations of the provisions on the traffic works and on transport and
communications safety.
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The fund for the operation of the Traffic
Inspectorate shall be allocated by the State budget as stipulated by the
Government.
Article 4.- The Minister of Transport and Communications
shall organize, direct and supervise the operation of the Traffic Inspectorate
throughout the country.
Article 5.- Within the scope of their respective tasks and
powers, the Ministries, the ministerial-level agencies, the agencies attached
to the Government, the People�s
Committees at all levels, the People�s
Armed Forces and all citizens shall have to support the operation of the Traffic
Inspectorate.
Chapter
II
ORGANIZATION AND OPERATION OF THE TRAFFIC INSPECTORATE
Article 6.- The organizational system of the Traffic
Inspectorate.
1. The Traffic Inspectorates of the specialized
State management agencies of road, railway and inland water transport and
communications comprise:
a/ The Road Traffic Inspectorate;
b/ The Railway Traffic Inspectorate;
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2. The Traffic Inspectorate is placed under the
management of the provincial/municipal Transport and Communications Service
(Transport and Public Works Service) and established by the People�s Committees of the province or city directly under
the Central Government as guided by the Ministry of Transport and
Communications.
The Ministry of Transport and Communications and
the Government Commission on Organization and Personnel shall together provide
guidance for the organization and personnel of the Traffic Inspectorate at all
levels.
Article 7.-
1. The Minister of Transport and Communications
shall appoint or dismiss the Heads of the Traffic Inspectorates of the
specialized State management agencies.
2. The President of the People�s Committee of the province or the city directly
under the Central Government shall appoint or dismiss the Head of the Traffic
Inspectorate of the provincial/municipal Transport and Communications Service
(Transport and Public Works Service).
Article 8.- The Traffic Inspectorate shall have the
following tasks and powers:
1. Popularizing the legislation on the
protection of traffic works and on transport and communications safety, guiding
its implementation and coordinating with the concerned authorities and branches
in performing this task.
2. Supervising, inspecting and handling,
according to its competence, the administrative violations of the provisions on
the protection of traffic works and violations of transport and communications
order and safety.
3. Inspecting and handling the granting of
permits and the putting into use the road, railway and inland water transport
means.
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5. Making written records of violations of the
legislation on the protection of transport works and on order and safety in
transport and communications, deciding, according to its competence, the
suspension or temporary suspension of acts that seriously violate this
legislation
6. Supervising and handling other violations as
prescribed by law.
The Minister of Transport and Communications
shall specify the tasks, powers and titles of the specialized Traffic
Inspectorate of the road, railway and inland water transport service.
Article 9.- Qualifications of the traffic Inspectors:
1. Possessed of good political qualities,
displaying a high sense of responsibility, being honest, just, objective, and
physically fit.
2. Being professionally qualified, knowledgeable
of the rules on transport and communications and legal matters.
Article 10.- The Traffic Inspectors shall be equipped with
badges, rank, insignias, uniform and the necessary means for the fulfillment of
the assigned tasks.
The Minister of Transport and Communications
shall make concrete specifications on the badges, ranks, insignias and color of
the uniform of the Traffic Inspector of each specialized branch as well as the
regime for the use of uniforms.
Chapter
III
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Article 11.- Traffic inspectors who outstandingly fulfill
their tasks shall be commended and rewarded according to the general provisions
of the State.
Article 12.- Traffic inspectors on duty who commit acts of
hassling, who condone or cover up violations or who fail to handle, or handle
not in time or improperly, or handle ultra vires, shall be, depending on the
character and seriousness of their violations, disciplined or examined for
penal liability; any material damage caused by such acts must be compensated as
prescribed by law.
Article 13.- The settlement of complaints and denunciations
against acts of Traffic Inspectors must comply with the order and procedure
provided for in the State�s
current legal documents on complaints and denunciations.
Chapter
IV
IMPLEMENTATION PROVISIONS
Article 14.- This Decree takes effect from the date of its
promulgation.
The earlier provisions which are contrary to
this Decree are now annulled.
Article 15.- The Minister of Transport and Communications
shall have to guide the implementation of this Decree.
Article 16.- The Ministers, the Heads of the
ministerial-level agencies and agencies attached to the Government, the
Presidents of the People�s
Committees of the provinces and the cities directly under the Central
Government shall have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet