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DECREE No.
34/2003/ND-CP OF APRIL 4, 2003 PRESCRIBING THE FUNCTIONS, TASKS,
POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF COMMUNICATIONS
AND TRANSPORT.
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of
December 25, 2001;
Pursuant to Resolution No. 02/2002/QH11 of
August 5, 2002
of the first session of the XIth National Assembly of the Socialist
Republic of Vietnam prescribing the list of ministries and
ministerial-level agencies of the Government;
Pursuant to the Government’s Decree No.
86/2002/ND-CP of November 5, 20002 defining the functions, tasks, powers
and organizational structure of the ministries and ministerial-level
agencies;
At the proposal of the Minister of
Communications and Transport and the Minister of the Interior,
DECREES:
Article
1: Position
and function
The Ministry of Communications and Transport is
a governmental agency, which performs the State management over
land-road, railway, river-way, seaway and airway communications and
transport nationwide; exercises the State management over public
services and acts as representative of the owner of the State capital
portions at State-invested enterprises under the Ministry’s management
as prescribed by laws.
Article
2: Tasks
and powers
The Ministry of Communications and Transport
shall have to perform the tasks and powers prescribed in the
Government’s Decree No. 86/2002/ND-CP of
November 5, 2002
stipulating the functions, tasks, powers and organizational structures
of the ministries and ministerial-level agencies, and the following
specific tasks and powers:
1.
To
submit to the Government and/or the Prime Minister bills, draft
ordinances and other legal documents in the domains under its State
management;
2.
To
submit to the Government and/or the Prime Minister development
strategies and plannings, long-term, five-year and annual plans,
national programs and projects and other important projects in the
domains under its State management;
3.
To
promulgate decisions, directives and circulars falling within the scope
of its State management.
4.
To
direct, guide, inspect and take responsibility for the implementation of
legal documents, strategies and plannings already approved as well as
other legal documents within the scope of its State management; to
propagate, disseminate and educate in legislation on land-road, railway,
river-way, seaway and airway communications and transport.
5.
On
traffic infrastructure:
a)
To manage the
investment in and construction of investment projects on traffic
infrastructure under its competence;
b)
To organize the
implementation and take responsibility for the supervision and
evaluation of investment; to expertise the quality of traffic
infrastructures according to law provisions;
c)
To organize the
expertise of technical designs, total cost estimates and estimates of
investment projects and traffic infrastructures according to management
decentralization;
d)
To guide and
inspect the work of bidding, consultancy, construction and installation
of traffic infrastructure according to law provisions;
e)
To provide for
the maintenance, use management and exploitation of traffic
infrastructures; to announce the closure and opening of seaports,
river-ports, airports, railway stations and the system of land-road,
railway, river-way, seaway and airway traffic according to law
provisions.
6.
On
traffic means as well as loading/unloading or construction means and
equipment exclusively used in communications and transport.
a)
To prescribe
the types and operation scope of motorized traffic means (except for
motorized means in service of security and defense purposes) and guide
the organization of implementation thereof;
b)
To promulgate
lists of traffic means as well as special-use loading/unloading or
construction means and equipment which must be registered; to uniformly
prescribe the registration and granting of number plates for railway,
river-way, seaway and airway traffic means as well as special-use
vehicular machinery joining in traffic (except for means in service of
security and defense purposes and fishing means);
c)
To promulgate
standards and provide for the inspection of quality and technical safety
of motorized traffic means as well as special-use loading/unloading or
construction means in service of security and defense purposes);
d)
To prescribe
the expertise of technical designs and manufacturing technologies used
in the production, repair and conversion of traffic means as well as
special-use loading/unloading or construction means and equipment.
7.
On
training and examination of, and granting of licenses, to traffic means
operators and operators of means and equipment exclusively used in
transport and communications (except for operators of special-use means
and equipment in service of security and defense purposes):
a)
To prescribe
the conditions, capability and professional criteria requiring training
and test, applicable to traffic means operators and operators of means
and equipment exclusively used in communications and transport;
b)
To prescribe
and manage the training and granting of licenses, permits and
professional certificates to traffic means operators and operators of
means and equipment exclusively used in communications and transport;
c)
To prescribe
the conditions and criteria for the setting up and operation of
establishments for training and testing traffic means operators and
operators of means and equipment exclusively used in communications and
transport;
d)
To prescribe
the conditions and criteria applicable to those who train, test and
grant permits to traffic means operators.
8.
On
transport activities:
a)
To promulgate
according to its competence or to propose mechanisms and policies for
the development of transportation and transportation services;
b)
To prescribe
the announcement of transport itineraries and mass transit network; to
promulgate rules, regulations, criteria and technological process for
the operation and exploitation of assorted transport types;
c)
To prescribe
the coordination between one modal and multi-modal transportation,
meeting the demand for goods and passenger transportation between areas
and regions as well as external transportation.
d)
To coordinate
with the Ministry of Finance in stipulating the bracket of freights,
loading and unloading charges as well as charges for sole transport
services or services entitled to State subsidies or assigned by State to
enterprises;
e)
To coordinate
with the Ministry of Public Security in inspecting specialized transport
security and safety; to prescribe the inspection of flight safety.
9.
To
assume the main charge of, coordinate with ministries, branches and
localities in, and take responsibility for, organizing the application
of measures related to assorted domains under its direct management to
ensure traffic safety.
10.
To carry
out international cooperation in the domains of land-road, railway,
river-way, seaway and airway communications and transport according to
law provisions.
11.
To
organize and direct the implementation of plans on scientific research
and application of scientific and technological advances to the domains
of land-road, railway, river-way, seaway and airway communications and
transport.
12.
To
decide on specific undertakings and measures and direct the realization
of mechanisms for operation of organization providing public services in
the domain of communications and transport according to law provisions;
to manage and direct the operation of its attached non-business
organizations.
13.
To
exercise specific tasks and powers of the representative of owner of the
State capital portions at State-invested enterprises operating in the
domain of communications and transport under its management according to
law provisions.
14.
To
perform the State management over operation of private and collective
economic organizations, associations and non-government organizations
operating in the domain of communications and transport according to law
provisions.
15.
To
examine, inspect and settle complaints and denunciations, to combat
corruption and negative acts and handle violations of legislation on
land-road, railway, river-way, seaway and airway communications and
transport falling under its competence.
16.
To
decide and direct the implementation of its administrative reform
program according to the objectives and contents of the State’s
administrative reform program already approved by the Prime Minister; to
submit to the Government the decentralization of State management over
communications and transport to local People’s Committees.
17.
To
manage the organizational apparatus and payroll; to direct the
realization of wage policies as well as policies on preferential
treatment, commendation, rewards and disciplines towards State officials
and employees under its management; to provide professional training and
fostering to officials and employees of the communications and transport
service.
18.
To
manage allocated funding and assets and organize the execution of
allocated budgets according to law provisions.
Article
3:
Organizational structure of the Ministry:
a)
Organizations
assisting the Minister in performing the State management functions:
1.
The
Planning and Investment Department;
2.
The
Finance Department;
3.
The
Legal Department;
4.
The
Transport Department;
5.
The
Science-Technology Department;
6.
The
International Cooperation Department;
7.
The
Organization and Personnel Department;
8.
The
Inspectorate;
9.
The
Office;
10.
Vietnam Road
Administration;
11.
Vietnam
Railway Administration;
12.
Vietnam
Inland Waterway Bureau;
13.
Vietnam
Maritime Bureau;
14.
Vietnam
Aviation Administration;
15.
Vietnam
Registry;
16.
The
Department for Expertise and Management of Traffic Work Quality.
The Minister of Communications and Transport
shall submit to the Prime Minister for stipulation the functions, tasks,
powers and organizational structures of Vietnam Maritime Bureau and
Vietnam Aviation Administration.
b)
Non-business
organizations under the Ministry:
1.
The
Institute for Communications and Transport Science and Technology;
2.
The
Institute for Communications and Transport Strategy and Development;
3.
The
Maritime University;
4.
The Ho
Chi Minh City Communications and
Transport University;
5.
The
Informatics
Center;
6.
The
Communications and Transport Health Service;
7.
The
Communications and Transport newspaper;
8.
The
Communications and Transport magazine.
The Minister of Communications and Transport
shall assume the prime responsibility and coordinate with the Minister
of the Interior in working out plans for restructuring other existing
non-business organizations under its management (schools for training
and fostering officials and employees of the communications and
transport service; colleges, and intermediate vocational and
job-training schools) and submitting them to the Prime Minister for
approval).
Article
4:
Implementation effect
This Decree takes effect 15 days after its
publication on the Official Gazette and replaces the Government’s Decree
No. 22/CP of March 22, 1994 on the tasks, powers, State management
responsibilities and organizational structure of the Ministry of
Communications and Transport; Decree No. 239/HDBT of June 29, 1992 of
the Council of Ministers on the establishment of Vietnam Bureau; the
Prime Minister’s Decision No. 31/TTg of February 2, 1993 promulgating
the Regulation on organization and operation of Vietnam Maritime Bureau;
the Government’s Decree No. 07/CP of January 30, 1993 on the
establishment of Vietnam Road Administration; the Government’s Decree
No. 08/CP of January 30, 1993 on the establishment of Vietnam Inland
Waterway Administration; the Government’s Decree No. 68/CP of October
25, 1995 on the functions, tasks, powers and organizational structure of
Vietnam Civil Aviation Administration; the Prime Minister’s Decision No.
75/TTg of February 3, 1997 on the tasks, powers and organizational
apparatus of Vietnam Registry; and other previous law provisions
contrary to this Decree.
Article
5:
Implementation responsibility
The Minister of Communications and Transport,
the ministers, the heads of the ministerial-level agencies, the heads of
agencies attached to the Government and the presidents of the
provincial/municipal People’s Committees shall have to implement this
Decree.
On behalf of the Government
Prime Minister
PHAN VAN KHAI
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