Circular 42/2015/ttlt-Bgtvt-Bnv: A Guide To The Functions, Duties, Powers And Structure Of The Specialized Agencies On Transportation In The People's Committees Of Provinces And Cities Fa ...

Original Language Title: Thông tư liên tịch 42/2015/TTLT-BGTVT-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của cơ quan chuyên môn về giao thông vận tải thuộc Ủy ban nhân dân tỉnh, thành phố trực thuộ...

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MINISTRY OF INTERNAL TRANSPORT
Number: 42 /2015/TTLT-BGTVT-BNV
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 14, 2015

FEDERAL INFORMATION

Guide to function, mission, authority, and organizational structure of the specialist body

about the transport of the Brew The people of the province, the city of the city. I It's

and Brew The people of the district, County, town, city, city. Oh.

________________________

Base of Protocol 24 /2014/ND-CP April 4, 2014 by the Government of the Government of the Government of the Central Committee of the People's Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee of the People's Republic of China.

Base of Protocol 37 /2014/ND-CP 5 May 2014 of the Government of the Government of the Government of the Government of the District, the district, the city, the city, the city.

Base of Protocol 36 /2012/NĐ-CP April 18, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry, the peer-to-peer body;

Base of Protocol 107 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Transport;

Base of Protocol 58 /2014/ND-CP June 16, 2014 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of the Interior;

The Minister of Transport and the Minister of the Interior issued the Information for Functional Guidance, duties, powers, and organizational structure of the professional body of transportation to the Provincial Committee of the Provincial People's Committee, the Central City of the Central Committee and the Committee. The people of the district, the county, the town, the city.

Chapter I

TRANSPORTATION DEPARTMENT

What? 1. Location and function

1. The transport department is the specialized body of the Provincial People 's Committee, the Central Committee of the Central Committee (later called the Provincial People' s Committee), which performs the staff function, which helps the Provincial People ' s Commission to manage the state of: road, waterway. Inland, urban rail; transport; transportation; management, mining, maintenance, maintenance, maintenance of urban transportation, including: Road bridge, overpass, street, street, median, road signs, road signs, traffic control, traffic control, traffic control, traffic control. It ' s for the walking people, the road room, the road bridge, the parking lot, the parking lot, the parking lot on the ground.

2. The Department of Transport has a legal status, has its own seal and account; subject to the direction, management of the organization, the commission and the work of the Provincial People ' s Committee; at the same time under the direction, guidance, inspector, examination of the expertise, his career. Transportation Department.

What? 2. Mission and jurisdiction

1. Provincial People's Committee:

a) Draft decision, directive, planning, five-year planning, annual, program, project on transportation; organizational measures implementing administrative reform of transportation within the state management range delivered;

b) A specific regulatory text draft function, mission, authority, and organizational structure of the Department of Transport;

c) The draft of the regulatory text on the condition, the title of title to the Chief, the Deputy of the Transport Department; join with the relevant agencies to build a regulatory project on the title of Head of Honor, Deputy Urban Management or Defence Management. economics and infrastructure of the District Committee of the District, District, Town, the Province of the Province (later called the District People's Committee) within the sector, the field of management;

d) Investment projects in the jurisdiction of the decision-making authority of the Provincial People's Committee.

2. The Chairman of the Provincial People ' s Committee:

a) The draft decision, the special directive issued by the executive authority of the Chairman of the Provincial People ' s Committee on Transport;

b) The draft decision to be established, reorganization, dissolution of organizations, units of the Department of Transport under the provisions of the law; in coordination with the Internal Affairs Department of the Provincial Committee of the Provincial People's Committee to decide to rank career units, services and services. established by the Department of Transport in accordance with the guidelines of the Ministry of Transport and the Ministry of Internal Affairs.

3. The organization performs legislation that rules law, planning, planning, program, project, project, standards, technical regulation in the field of transportation that is enacted by the state agency with an authority to enact or approve; information, propaganda, and other issues. disseminism, education, enforcement of law enforcement on areas of the state's jurisdiction is delivered.

4. In terms of transportation infrastructure:

a) The organization performs the mandate, the powers of the investment decision agency, the investment holder for investment projects that build up the transport infrastructure by the provincial hierarchy;

b) The organization of management, maintenance, standard assurance, network technical regulation of road traffic, urban rail, local domestic waterways are exploiting the responsibility of the management province or managed by the trustees;

c) Implemucing of transportation safety corridors and transportation works on the provisions of the law, the guidelines of the Ministry of Transport and the specialized state management agencies;

d) The Chairman of the Provincial People's Committee decided: classification of the inland waterway; publish the flow, the inland waterway line under jurisdiction; devolve to the District People's Committee granting a permit to operate the inland marina, the license to operate the berths. The river follows the rules of the law. The approval of the construction of the port, the inland marina; the publication of the inland seaport; the granting of the domestic marina operating under jurisdiction;

The Chair, in coordination with the relevant agencies, helps the Provincial People's Committee to decide to classify, regulate the provincial system, other lines as defined by the law and hierarchy of the Provincial People's Committee;

e) establishing and managing the road signaling system, local local waterways, urban railways within the scope of management;

) There is an opinion for construction projects on the local waterway and the specialized line connected to the local domestic waterways by regulation; the licensing of the public on roads, inland waterways are exploiting the site. management or management of management;

h) The organization enforcement of the tasks, the authority to manage the state at the automobile terminal, the parking lot, the urban railway station, the stop station and the port, the inland marina on the roads, the local domestic waterway.

5. In terms of vehicle and vehicle control, vehicles, equipment, specialized competition in transportation (except for the purpose of defense, security and fishing) and equipment, specialized engineering equipment, and equipment. Transport:

a) The organization makes the registration of the domestic waterway transport; registration of the license plate for the local organization's dedicated motorcycle and individual in accordance with the provisions of the law and hierarchy of the Ministry of Transport;

b) The organization makes the examination of the quality of technical safety and environmental protection on road transport, domestic waterways according to the regulation of the law and hierarchy of the Ministry of Transport;

c) Specialization of technical design in repair, swaps of transport, vehicle, loading equipment, specialized competition in road transport transport, domestic waterways as defined by the law and hierarchy of the Ministry of Transport;

d) Training, murder, grade, exchange, license recovery, certificate of expertise, expertise, certificate of expertise, certificate of law enforcement to the operator of transport, vehicle operator, expert equipment, and equipment. transportation; the license level certificates teachers to practice driving, the training of the steering vehicle of the training facilities on the site; granting or offering the authority to have the authority to grant, revoking the license and manage driving training on the training facilities. creating a vehicle on the site by the rule of law and hierarchy of the Department of Transport.

6. Back to Transport:

a) presided over or in coordination with the relevant agencies implementing public passenger transport development policies under the regulation of the Provincial People's Commission;

b) The organization makes the management of road transport, inland waterways, urban railways across the province by regulation; international transport licensing, special circulation licensing for road-based motor vehicle transport according to the rule of law and distribution of the country. level of the Department of Transport;

c) The guide, construction of construction and publication of the terminal, taxi parking point, pickup point, return on the site under approved planning; manage passenger shipping routes; organization of passenger service services on the site;

d) Decided by the approval of the approval of the organization, the individual who transport passengers on the route fixed route and the domestic waterway by regulation.

7. Of traffic safety:

a) presided over or in coordination with the relevant agencies implementing the search, road rescue, rail, inland waterway, maritime and aviation facilities that occur on the site by the rule of law and the division of the Provincial People ' s Commission; Coordinate the traffic accident on the site when required.

b) The organization performs prevarable measures, minimization of traffic accidents, traffic jams, prevention and disposal of acts that trespass against traffic, overcrowing the traffic safety corridor;

c) As the Permanent Authority of the Provincial Safety Board according to the subcommittee of the Provincial People ' s Commission;

d) The safety of the traffic in accordance with the provisions of the law and the hierarchy of the Minister of Transport;

The Provincial People's Committee issued a regulation on the organization of traffic on a road traffic network within the local jurisdiction under the rule of law.

8. The organization performs environmental protection regulations in transport within the state's state management range.

9. Help the People ' s Provincial Committee to manage the state for businesses, collective economic organization, private economics; guidelines, operational checks on NGOs and non-governmental organizations in the management area of the Department of Law.

10. Specialist guide, a transaction for transportation to the specialist body of the District People's Committee.

11. Guide, check out the implementation of the self-governing mechanism, self-responsibility of the public career unit under the hierarchy of the Department of the Provincial People's Committee and the provisions of the law.

12. Do international cooperation in the field of transport under the provisions of the law and the division or authorization of the Provincial People ' s Commission. The research organization, the application of scientific progress-engineering and technology; the construction of information systems, storage of state management and professional expertise.

13. Inspector, check and process law violations of road transport, domestic waterway, urban rail and the protection of traffic work, protect traffic safety corridors, guarantee traffic safety order within the scope of the road, security and safety of the road. the mission was delivered; the settlement of the complaint, denouncing, the chamber, the anti-corruption under the rule of law and by the assignment or authorization of the Provincial People's Committee.

14. Regulation of functions, duties, powers of the Office, Inspectoring, specialized departments, business and career units of the Department, in accordance with the function, duties, jurisdiction of the Department in accordance with the Joint Command of Transport and by the provisions of the Department. The Provincial People's Committee.

15. Ministry of organizational organization, civil service, civil service tranche, employment position, career restructuring, and the number of people working in the public career units; implementing the wage and policy regime, the treatment regime. In general, training, fostering, commendation, discipline to civil union, officials and labor are governed by the rule of law and by the devolve or authorization of the Provincial People's Committee.

16. Administration and responsibility for finance, property is delivered by the rule of law and by the assignment or authorization of the Provincial People's Committee.

17. Implemonation of information, periodic reporting, and groundbreaking work on the mission of duty assigned to the Provincial People's Committee and the Department of Transportation, the National Transportation Safety Board.

18. perform other duties provided by the People 's Commission, the Chairman of the Provincial People' s Committee and by the provisions of the law.

What? 3. Organization Structure and Border

1. Headquarters:

a) The transportation department has the Director and no more than 03 Deputy Director;

b) The Director of the Department is the head of the department, responsible before the Provincial People 's Committee, the Chairman of the Provincial People' s Committee and before the law on the entire operation of the Department; responsible for reporting work before the Provincial People 's Assembly, the People' s Committee. the provincial level and the Ministry of Transport by regulation;

c) The Deputy Director of the Department is the person who helps the Director of the Department, which is responsible to the Director of the Department and before the law on the assignment to be assigned; when the Director of the Department is absent, a Deputy Director is Director of the Office for the Executive Director of Operations;

d) The appointment of the Director and Deputy Director of the Department of the Provincial Committee of the Provincial People's Committee determined by the standard of expertise, a business issued by the Ministry of Transport issued by the Department of Transportation and by the provisions of the law. The dismissal, motion, rotation, commendation, discipline, for the resignation and implementation of the regimes, policy towards the Director and Deputy Director-of the Provincial Committee of the Provincial People's Committee determined by the rule of law.

" Organizational Structure:

a) Office of the Department: Staff, help the Director of the Department for organizational work, cadres, civil officials, officials and labor; racing work, commendation, discipline; administrative reform work, administrative-governance;

b) Inspector of the Department: Staff, help the Director of the Department for Administrative Inspectoration and specialized inspectors; resolution of complaint, denounce, defence, anti-corruption by law;

c) The Legal Department-Safety: Staff, which helps the Director of the Department of Legal Affairs and the safety of traffic under the regulatory authority of the Department of Law;

d) The Planning Office-Finance: Staff, help the Director of the Financial Services Department of accounting, property; planning, statistics under the regulatory authority of the Department of Law;

The management of the traffic infrastructure: Staff, help the Director of the Department to execute the state management function on the infrastructure of transportation within the Department of State management;

e) Chamber of Transport, Media and Driver: Staff, help the Director of the Department to administer the state management of transportation, media, and operator of road transportation, inland waterways, urban railways; and more.

g) Department of Public Service Quality Management: Staff, which helps the Director of the Department to execute the state management of engineering, quality of traffic work under the management jurisdiction of the Department.

The organization of the staff, which helped the Director of the Department to be established in accordance with the characteristics of each local, secured the area of the field of management, but not more than 7.

In case the number of rooms is less than the number of rooms with the name stated above (below 7 rooms), the Provincial People's Committee decides to adjust the name and function of the chamber, ensuring that the law is appropriate.

3. Public career units:

a) College of Transport or College of Transportation;

b) Professional or secondary school;

c) The teaching center;

d) Central motor vehicle driving center;

Other career units (if any).

The characteristic base, the economic development situation-society and the demand for state management of local transportation, the Department of Transport presided over, in coordination with the Department of the Provincial Committee of the Provincial People to decide to establish or do not establish their own units. public career stated at point a, b, c and d paragraph 3 This. The establishment of other public career units (if any) of the Transport Department is carried out by law.

4. Composition:

a) The public and the number of people working by the Department of Transport is delivered on a employment position basis, tied to the function, mission, scope of operations and is within the total public commission, the number of people working in the agencies, the organization of the operation. key, the public career unit of the province is issued with the authority to deliver or approve;

b) FuncFunction, mission, organizational structure and job placement portfolio, public tranche structure, organizational structure under a licensed occupation authority, annually the Department of Transport for the Construction of Public Payroll, Numbers who works by the law of the law guarantees the task of being delivered.

Chapter II

URBAN MANAGEMENT OR ECONOMIC AND INFRASTRUCTURE DEPARTMENTS.

What? 4. Position and function

1. The Metropolitan Administration or Economic and Infrastructure Administration is the specialized body of the district, county, town, provincial city (later called the District People's Committee), which is a staff member, which helps the District People's Committee to implement the office. State management of transportation and other areas is delivered by law (other areas of the Urban Management Chamber or the Economic and Infrastructure Chambers).

2. Urban Management Room or the Chamber of Economics and Infrastructure has its own seals and accounts; subject to the direction, management of the organization, employment position, civil service and work margin, and the work of the District People ' s Committee, while under the direction, inspection, guidelines on Transportation Department's business professional.

What? 5. Mission and Power

1. People's Composition Committee:

a) Draft decisions, instructions, planning, long-term plans, five years and years; the project, the development program, the measure of implementation of the state administrative reform duties on transportation on the county table;

b) Program draft, mobiling solution, interdisciplinary coordination in the implementation of order assurance, safety of traffic on the site;

c) Investment projects that build the infrastructure of transportation infrastructure on the site in accordance with the regulation of law and division, the hierarchy of the Provincial People ' s Commission;

d) Draft the decision of the District People ' s Committee on the classification of the township according to the rule of law.

2. The organization performs and monitors the implementation of legal, planning, planning, scheme, program, and other texts on transportation after being granted jurisdiction.

3. Management organization, maintenance, standard guarantee, network of road traffic engineering, urban rail, local domestic waterways are exploiting due to the district level responsible for management.

4. Management of transport operations on the site by the rule of law and the guidance of the competent state agency.

5. The organization performs prevarable, prevention and disposal measures that violate the traffic structure, overwhelm the traffic safety corridor; in coordination with relevant agencies in the dissolution of the seizure of traffic safety corridors across the country. The headquarters are guided by the Department of Transport and directed by the District People's Committee.

6. Permanent duty to the Permanent Safety Board of the District; in coordination with the relevant agencies that operate in search of road rescue, rail, inland waterway, maritime and air traffic occurring on the district level.

7. Help the People's Committee to manage the state for a collective economic organization, private economy, and non-governmental organizations and organizations that operate on the grounds of the regulatory areas under the rule of law.

8. Specialist guide, a career in transportation for cadres, township officials, wards, town on the site.

9. In accordance with the sector, the sector is assigned in charge of the organization, the individual in the implementation of the provisions of the law; the settlement of the complaint, denouncing; chamber, anti-corruption, waste by the rule of law and the division of the Human Commission. I'm sorry.

10. Propaganda, disseminalization of law education, information about transportation and public services in the area of transportation under the rule of law.

11. The periodic report and the execution of the situation on the task of the working areas are assigned to the District People's Committee and the Department of Transport.

12. Manager of the machine organization, job placement, civil organization, public tranche, implementation of the wage regime, policy, processing of enlightenment, reward, discipline, training and fostering professional expertise on public domain management. according to the rule of law, according to the division of the District People's Committee.

13. Management and is responsible for the financial, property of the professional body according to the rule of law and the assignment of the District People's Committee.

14. Do other tasks on transportation provided by the District Committee of the District or by the provisions of the law.

What? 6. Organization and Border

1. Urban Administration or Economic and Infrastructure Chambers has the Head of the Chamber, no more than 3 Deputy Head of Defence and Public Works practice, business.

2. Head of the Department of Urban Management or the Chamber of Economics and Direct Infrastructure in charge or assignment of Deputy Chief of the Department of Professional Affairs, a career in the area of the transport of functional transport, the duty of the Chamber.

3. The need base for transportation management work on the site, the District People's Committee of the District of the District provides sufficient public service to assume the task of transportation in the total number of public commissions of the district elected by the Provincial People's Committee.

Chapter III

THE ORGANIZATION.

What? 7. Accountability

1. The Provincial People ' s Committee is responsible:

a) The specific regulation of duty, authority, organizational structure and payroll of the Department of Transport; directed, instructs the Committee of the District People to provide specific regulatory districts, functions, duties, powers, and borders of the Office of Urban Management or the Chamber of Economics and Infrastructure. according to the rule of law;

b) The feature base, the economic development situation-society and the requirement for local state management, to decide the establishment, mergers, separation, dissolution, reorganization of the career organizations of the Transport Department under the planning, have been granted. the right to approve and guide at this Federal Information;

c) Directoring, instructions, inspection, inspection of the implementation of the functions of function, task, authority, organization of the apparatus, the editor of the specialized agency on transportation of the Provincial People's Committee, the district level.

2. Chairman of the Provincial People ' s Commission:

a) A devolve Regulation for the Director of the Appointed Transport Department, the dismissal of the Chief, Deputy of the Department of the Department under the conditions, standards, titles issued by the Provincial People's Committee;

b) Report of the Ministry of Transport and the Ministry of Internal Affairs of the organization and operation of the professional body for transportation of the Provincial People's Committee, the district level.

What? 8. The transition clause

1. For the Transport Department currently has the number of Deputy Director more than the number of Vice-Directors in the United States, it continues to maintain the number of Deputy Director available to ensure stability. Only Deputy Director of Transport Department is added when the current number of Deputy Directors has not yet sufficient number of regulations at this time.

2. For the cases that have been appointed head of the head, the deputy head of the head of the agencies, units of subordination, subordinated to the Transport Department prior to the date of the Citizenship Date comes into effect, if after the arrangement, repetition the organizational structure. of the Department of Transport, which is either a leader or appointed to a new position with a lower leadership position than the former head of the former head office, is entitled to provide the leadership of the leadership in accordance with the number decision. 140 /2009/QĐ-TTg December 31, 2009, Prime Minister of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the United States of the United States of the United States of the United States

What? 9. Effect of execution

1. This joint venture has been in effect since 1 October 2015.

2. This federated information replaces the Digital Federal Information. 12 /2008/TTLT-BGTVT-BNV December 5, 2008 by the United States Department of Transport, the Ministry of the Interior guided the functions, duties, powers, and organizational structure of the professional body of transportation to the Provincial Committee of the Provincial People's Committee, the district level.

During the implementation process, if there is an entangrium or additional, modified, the Provincial People's Committee reports on the Ministry of Transport and the Ministry of Internal Affairs for consideration, resolution under jurisdiction ./.

KT. SECRETARY OF TRANSPORTATION
Chief.

KT. Minister of Internal Affairs
Chief.

(signed)

(signed)

Nguyen Hong School

Chen Anh Tuan