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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 125/2018/ND-CP
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Hanoi, September
19, 2018
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DECREE
ON AMENDMENTS TO A
NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 64/2016/ND-CP DATED JULY 01,
2016 AMENDING A NUMBER OF ARTICLES OF THE DECREE NO. 11/2010/ND-CP DATED
FEBRUARY 24, 2010 PROVIDING FOR MANAGEMENT AND PROTECTION OF ROAD
INFRASTRUCTURE FACILITIES
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Investment dated November
26, 2014;
Pursuant to the Law on Road Traffic dated
November 13, 2008;
At the request of the Minister of Transport;
The Government promulgates the Decree on
amendments to a number of Articles of the Government’s Decree No. 64/2016/ND-CP
dated July 01, 2016 amending a number of Articles of the Decree No.
11/2010/ND-CP dated February 24, 2010 providing for management and protection
of road infrastructure facilities.
Article 1. Amendments to a number of Articles of
the Government’s Decree No. 64/2016/ND-CP dated July 01, 2016 amending a number
of Articles of the Decree No. 11/2010/ND-CP dated February 24, 2010 providing
for management and protection of road infrastructure facilities
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Clause 3 of Article 12 is amended as follows:
“3. A contractor providing consultancy on traffic
safety investigation must satisfy the following conditions:
a) With regard to national important projects and
Group A and Group B projects, at least 10 investigators must be contracted,
among which, at least 04 persons are road/highway engineers, 01 person is a
road transport engineer and at least 01 person is eligible to act as the
traffic safety chief investigator;
b) With regard to Group C projects and road works
in operation, at least 05 investigators must be contracted, among which, at
least 01 person is a road/highway engineer, 01 person is a road transport
engineer and at least 01 person is eligible to act as the traffic safety chief
investigator.”.
2. Amendments to Clause 2 of Article 1
a) Article 12a is amended as follows:
“Article 12a. Requirements for road
traffic safety investigator training establishments
1. Road traffic safety investigator training
establishments must be established under the law.
2. Facilities
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b) Regarding equipment for on-site teaching and
learning, at least 50 reflective jackets and 01 device for measurement of
retroreflectivity of traffic signs or traffic paints must be provided.
3. Lecturers
a) Full-time lecturers shall teach at least 40% of
the lessons of the framework program;
b) Lecturer’s standards are stipulated in Clause 1
of Article 12c herein.”.
b) Clause 1 of Article 12b is amended as follows:
“1. Application for approval of training
establishment shall be made into 01 copy, including:
a) Request for approval of road traffic safety
investigator training establishment in compliance with the specimen in Annex VI
herein;
b) Enterprise registration certificate or documents
stipulating the establishment’s functions and duties or establishment decision
issued by competent authorities in accordance with the law (certified true copy
or copy accompanied by authentic copy for comparison);
c) Declaration of facilities;
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c) Point b of Clause 1 of Article 12c is amended as
follows:
“b) Possess at least a bachelor’s degree in road
traffic and have at least 10 years’ experience of teaching road traffic safety
or state management of road traffic safety.”.
d) Point c of Clause 1 of Article 12g is amended as
follows:
“c) The training establishment fails to run traffic
safety investigator training courses for 3 consecutive years.”.
dd) Article 12h is added after Article 12g as
follows:
“Article 12h. Responsibilities of traffic
safety investigator training establishments
Traffic safety investigator training establishments
shall be responsible for:
1. Providing road traffic safety investigator
training courses according to the framework training program promulgated by the
Ministry of Transport.
2. Retaining dossiers of learners and documents
relating to road traffic safety investigator training according to regulations
on document retention.
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Article 2. Transitional regulations
Road traffic safety investigator training
establishments whose certificates of approval were granted by competent
authorities before the effective date of this Decree may continue providing
road traffic safety investigator training courses. In case a certificate of
approval granted before July 01, 2016 expires and its holder would like to
continue providing road traffic safety investigator training courses, it must
satisfy all conditions and applied for the certificate of approval for
operations of traffic safety investigator training establishment as prescribed
in the Decree No. 64/2016/ND-CP dated July 01, 2016 and this Decree.
Article 3. Effect and implementation responsibility
1. This Decree takes effect from the date on which
it is signed.
2. Ministers, heads of ministerial agencies, heads
of Governmental agencies, chairpersons of People’s Committees of provinces and
central-affiliated cities and relevant organizations and individuals shall be
responsible for the implementation of this Decree./.
PP. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc