IT ' S SMART

The regulation of personal responsibility and the processing of violations.

in the inspection business of the transport industry i

____________

Law Bar on November 15, 2010;

Officer of the Bar, on 13 May. Ah! 11 in 2008;

The Rules of Law on 15 May. Ah! 11 in 2010;

The Labor Code base today. 1 June 8, 2012;

Base of Decree Stain. 107 /2012/NĐ-CP December 20, 2012 of the Government Regulating Functionality, Mission, Regulation Okay. Limit and muscle All A socket function of the Ministry of Transport;

Base of Decree Stain. 07 /2012/NĐ-CP 9th Ah! 02 2012 of the Government Regulation of the Authority is assigned to implement specialized inspection and specialized inspection activities;

Base of Protocol 57 /2013/NĐ-CP May 31, 2013 of C Pup The government rules about t socket function and operation Inspector of Transport;

At the suggestion of Ch. Ah! Inspector of the Department of Transport,

The Minister of Transport issued a regulatory advisory on the responsibility of the individual and the execution. Why? It's a violation of the transportation industry.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information provides for the responsibility of the individual and the handling of the breach in the inspection work, the execution of the administrative violation of the Transport Industry (later known as the inspection work).

What? 2. Subject applies

The information applies to the state governing body of transportation in the Central and Local, the State Inspector Agency, the Agency to be tasked with the implementation of the Department of Transport, the Inspector and the Organization, and others. It's personal.

What? 3. Explain words

In this Information, the phrases below are understood as follows:

1. The agency performs an inspection of the transport industry, including: State Inspector Agency and the Agency to be delivered specialized inspection of the department.

2. The state inspection agency, including: Inspector of the Department of Transport (later known as Inspector of the Department) and the Inspector Department of Transport (later known as Inspector Department).

3. The agency is assigned to the enforcement of the transportation industry, including: Vietnam Road Directorate, Vietnam Railway Bureau, Vietnam Department of Homeland Security, Vietnam Aviation Administration, Vietnam Maritime Service, Department of Road Management of Vietnam, Vietnam, Vietnam and Vietnam. Directorate General of Vietnam Road, Air Port, Maritime Port, Inland Port Authority, and the Inland Maritime Bureau of the Vietnam Inland Waterway.

4. Individuals belonging to the agency perform an inspection function specialized in Transport, including:

a) Chief Inspector, Deputy Chief Inspector of the Department, Chief of the Department, Deputy Chief of the Inspector of the Department;

b) Chief Inspector, Deputy Chief Inspector of the Vietnam Aviation Administration, Vietnam Maritime Service;

c) The Prime Minister, the Deputy Chief of the agencies assigned to the execution of the regulatory department at the expense of these three things;

d) Senior, deputy: the French case-Inspector; Legal Department-Inspector; Inspector-Safety; Team Inspector-Safety;

Chief Inspector, Deputy Chief Inspector; Captain, Deputy Director of the Inspector of the Department;

e) Chief Inspector;

g) member of the inspection team;

h) Inspector of the tranche, the professional inspector general (later known as the inspector general);

i) The officer is assigned to participate in the inspection, inspection, and administrative breach of the administrative breach (later known as the official);

l) The employee works under the contract mode to serve in the transport industry inspectors (later known as employees).

What? 4. The base determines responsibility

1. The obligation, the mandate, the authority, the rights of the individual and the individual matters not to be done by the rule of law.

2. Position of employment, jurisdiction, relationship, and distribution of work in the direction, management, executive of the agency, unit.

3. Content, scope of responsibility at this message and the provisions of the relevant law.

What? 5. The principle of responsibility

1. The consideration of responsibility for the individual must be consistent with the management content of management, jurisdiction, responsibility, tasks assigned and executed in accordance with the order, the procedure of law stipulated. The deputy is responsible for the equivalent of the rank of head when the head of the administration or authorship exercises the authority of the chief.

2. Only consider the liability to the individual when there is sufficient base to determine the liability regime for persons with a violation of the law or breach of discipline, discipline in the inspection work.

3. The handling of the individual violates the accountability regime during the implementation of the mission, the work in the inspector business must be conducted publicly, transparent, objective, law enforcement, the right procedure, the right nature and extent of the breach; It ' s not wronged; we don ' t miss the breach.

Chapter II

PERSONAL RESPONSIBILITY FOR DETECTIVE WORK

Item 1

THE RESPONSIBILITY OF THE CHIEF INSPECTOR GENERAL

TRANSPORTATION INDUSTRY

What? 6. The responsibility of the Chief Inspector of Transportation, Chief Inspector of the Department of Transport

1. Leader, direction, check out the jurisdiction of the jurisdiction within the scope of state management, including:

a) The statute of statute, internal regulation by authority to administer, run the operation of the inspection agency;

b) Task assignment for the Deputy Chief Inspector, Head of the Inspector General, Captain;

c) The organization meets to discuss the content of the inspection work that, by the rule of law, the Chief Inspector must discuss before the decision;

d) Directed, assigned to implement the implementation of the inspection work under the direction of the Head of the State Administration of State Administration of Transport;

Periodically, periodically or mutated an inspection of an inspection in the state administration of the State Administration of Transportation; inspection of the agencies performing the function of inspecing the transport industry when there is a sign of breach. the law.

2. Leader of the Inspector of the Inspector:

a) Guide to the annual inspection plan;

b) Building the inspection plan, the annual inspection of the state chief of the state governing body on transport issued on the right time of regulation;

c) The staff of the head of the state governing body of state in terms of transport of inspection plan, inspection by regulation;

d) Command, implementation of the annual inspection plan, the quarter, month by regulation;

p) There is a timely direction of direction for the reports, petitions, proposals of subordinated subordination;

e) Not to interfere with the law into the inspection work of subordinated subordination;

g) the decision or the right to commit the decision to punish the correct administrative violation of time, sequence, procedure, procedure;

h) The organization's preliminary, summup of the inspector general in the direction of the head of the state governing body of the state of transportation.

3. Handled timely overlap in terms of scope, subject, content, inspection time within the state management range of the Ministry of Transport.

4. issued a plan for inspection of the plan, the inspector of a sudden, a timely inspection at the direction of the head of the state governing body for transportation and regulation of the law.

5. Command of the inspectors perform the correct inspection plan.

6. Monitor the inspection of the inspection team on the monitoring of the monitoring when assigned to the traffic inspector.

7. The required text issued to the Chief of the Authority is assigned to a professional inspector general function conducting an inspection when there is a sign of violation of the law, avoiding damage to the right and the legitimate interests of the agency, the organization, the citizens.

8. The Chief Minister of the State Administration of State Administration of Transport for a temporary suspension of the execution of the wrong decision on the inspection of the agency, the unit; review of responsibility, the handling of the management of the head of the state ' s head of state management of the transaction. Timely and timely delivery of the law, in the right regulation of the law, to avoid damage to the right and the legitimate interests of the agency, the organization, the citizens.

9. The report on the inspection work with the upper level on time; the direction of use, the management of the press, the correct form of a competent grant.

10. The director does the operation, exploiting the reporting software and directing the operation of the transport industry (tIngrect); the scientific, full-level archivefold work of the law, the guidance of the Minister of Transport and Chief Inspector General. Kit.

11. Make other responsibility according to the rule of law.

What? 7. The responsibility of Chief Inspector of the Vietnam Aviation Administration, Chief Inspector of the Vietnam Maritime Service

1. Organization, management, operating the activities of the Vietnam Aviation Administration, Inspecer of the Vietnam Maritime Service (later known as Bureau Inspector).

a) The director of the Vietnam Aviation Administration's annual inspection plan, Vietnam Department of Maritime Affairs Department of Vietnam Aviation Administration, Vietnam Maritime Bureau (later known as the Director General);

b) Clear the task for Deputy Chief Inspector, civil service to follow, perform the duties of the Bureau Inspector;

c) Directoring, assignment assignments to deploy implementation of the mission under the inspection plan, directed only the specialized inspection work of the superior and other specialized inspection tasks;

d) The organization meets to discuss the contents of the inspection work before deciding on the rule of law;

p) Report on the inspection work for the Director, Chief Inspector of the Department of Transport (later known as Chief Inspector General) according to the report on the report;

e) The organization periodically tests the task of examining the specialized inspection in accordance with regulations.

2. Leadership of professional Inspector of Industry

a) Guide and aggregation of the inspection plan of the Air Port, Maritime Port;

b) The implementation of the implementation of the inspection plan;

c) There is a timely direction of direction for the reports, petitions, suggestions of subordination;

d) Not to interfere with the law into the inspection operation of the subordinate;

The decision to punish the administrative breach in the field of civil aviation, maritime or transfer to the agency has jurisdiction if the breach is overruled or not under its jurisdiction.

3. Help the Director to handle overlapping about the scope, subject, content, inspection time of the agencies, units of the Vietnam Aviation Administration, the Vietnam Maritime Service.

4. The decision to establish an inspection team under the program, the inspection plan has been approved or assigned to inspectors, officials of the Inspector Bureau of the Bureau for Civil Aviation Service Inspector General, maritime inspectors by jurisdiction.

5. The chief inspector for the incident was concluded by the Director of the Port Authority, the Maritime Port concluded but found there were signs of violation of the law; the inspector broke out when the agency was discovered, the organization, the individual with signs of violation of the law. Civil aviation, maritime or by the request of the Chief Inspector.

6. Command of the inspectors made the right plan, the inspection content.

7. Supervising the inspection of the inspection mission of the inspection team or inspector general, the public is assigned to the inspection.

8. The interim chief minister to suspend the decision to make the decision wrong on the inspector of the Port Authority of Aviation, the Port Authority of Maritime Affairs in time, in law.

9. The suspension of the suspension (including the termination of a violation) or the petition for the authority to suspend the illegal law of law on the agency, the organization, personally when there is enough grounds to determine that behavior that damages the state benefits, the legal rights and interests of the citizens or impede the inspection process.

10. Petition with the Director or the request for the organization, the individual involved in taking the necessary measures to ensure the safe, security and prevention conditions, which protect the environment by regulation.

11. Do the task, the other authority by the Chief Secretary or Chief Inspector of the Department of the law.

What? 8. The responsibility of the Chief Minister is assigned to the professional inspector function.

1. Leader, direction, inspection of the inspection work within the state management range of the Agency is assigned to a specialized inspection function, including:

a) The statute of statute, internal regulation by authority to administer, run, and implement specialized inspection duties;

b) The assignment of duty to the Deputy Chief of the Agency is entrusted with a specialized inspection function, the Chief of Staff;

c) The organization meets to discuss the content of the inspection work that, in accordance with the law, the Minister of the Authority is given a specialized inspection of the department to discuss before the decision;

d) Directed, assigned to implement the direction of the direction, instructions on the inspection work of the State Administration of State Administration on or of Chief Inspector;

The state governing body of the state above or the Chief Inspector of the Ministry of Content must report in accordance with the provisions of the law or the institution of the agency;

e) periodically or groundbreaking an inspection of an inspection of the inspection work within the state management scope of the Agency is given a specialized inspection function; check on organizations, individuals working as a specialized inspector when there are signs of differential. the law or direction of the superior.

2. The Agency Leader is assigned to the professional inspector general function carrying out the mission, which powers as follows:

a) Directed by, implementing a yearly inspection plan for the lower level;

b) Building the annual inspector plan that has jurisdiction over time of regulation;

c) The adjustment or presentation on the regulation of the inspection plan by regulation;

d) Command, implementation of the annual inspection plan, the quarterly inspection plan, the month of regulation;

p) There is a timely direction of direction for the reports, petitions, proposals of subordinated subordination;

e) Not to interfere with the law into the inspection work of subordinated subordination;

g) the decision or the right to commit the decision to punish the correct administrative violation of time, sequence, procedure, procedure;

) The organization's preliminary, the sum of the inspection, according to the direction of the superior agency.

3. Deal with overlapping coverage of the scope, object, content, time of inspection within the state management range of the Agency assigned to a specialized inspection function.

4. issued a plan for inspection of the plan, the inspector of a sudden, a timely inspection at the direction of the superiors or the Chief Inspector of the Department and the correct regulation of the law, to avoid damage to the right, the legitimate interests of the agency, the organization, the citizens.

5. Directed by, supervising the inspection corps perform the correct inspection plan.

6. The requested text board for the Chief Authority is assigned to a professional inspector-in-level inspection function in time, when there is a sign of violation of the law to prevent violations of the breach, avoid causing damage to the right and the right. the legitimate interests of the agency, the organization, the citizens.

7. The Chief Minister of State Management Authority on a temporary suspension of the enforcement of the wrong decision on the inspection of the agency, the unit; consider the responsibility, the handling of the governing body of the subordinate authority on timely assurance, the right regulation of the law. Law, avoid consequences.

8. Report on the inspection work with the upper level; the direction of use, the management of the press, the correct form of a competent grant.

9. The public option to grant a competent authority is the correct standard inspector general in accordance with the rules.

10. The director does the operation, tap into the tInspirect software, the scientific archive, full of the provisions of the law, the guidance of the Minister of Transport and the Chief Inspector of the Department.

11. Make other responsibility according to the rule of law.

What? 9. The responsibility of the Director of Transport

1. Leader, director of specialized inspection activities within the management scope of the Department of Transport, including:

a) the regulation of regulation, internal statute for the basis of management, direction, operations of operations to the Inspector of the Department;

b) The Inspector of the Department performs the correct function of the inspector, does not alter the tasks of the agency, the other unit or the other not in the function, the mandate, the authority of the Inspector, except for the case of natural disasters, floods or the reasons required. It ' s urgent support for a certain period of time;

c) timely processing of the petitions, suggestions on the Inspector Inspector ' s inspection work;

d) Do not interfere with the law of the Inspector of the Department.

2. Approvate the annual professional inspection plan on time, the content and guidance of the Ministry of Transport.

3. Decision on the inspection; the decision to process the petitions of the Chief Inspector of Transportation (later known as Chief Inspector of the Department) in time, in law.

4. An object-level card level according to the rule of law.

5. Make other responsibility under the rule of law on the inspection work.

6. Make other responsibility according to the rule of law.

What? 10. The responsibility of the chief of staff

1. Staff for the Head of the Authority to be assigned to the professional inspector general function fulfills the full mandate, the prescribed powers at the Digital Protocol. 57 /2013/NĐ-CP May 31, 2013 the Government regulates the organization and operates the transport industry.

2. Accept the allocation of the Head of the Authority assigned to the field of specialized inspection.

3. Have an internal assignment text to the inspector general, the employee who performs the inspector within the scope of his management to perform the task.

4. Help the Head of the Agency to be assigned to the execution of a professional inspector, the foreman, to examine the implementation of the law on the inspection, the law on the punishment of administrative violations on subordinated subordination.

5. Do not interfere with law enforcement, inspection, punishment of the administrative violation of your employees.

6. The correct inspection of the inspection work on time, the content and guidelines of the competent grant.

7. The file storage organization, full document, is correct.

8. Make other responsibility according to the rule of law.

What? 11. Department

1. Help Chief Inspector of the Department of Professional inspection by regulation at the Digital Protocol 57 /2013/NĐ-CP May 31, 2013 the Government regulates the organization and operates the transport industry.

2. Accept the division of Chief Inspector Inspector within the jurisdiction under the rule of law.

3. Has an internal assignment text to the public within its direct management scope to perform the task.

4. Help Chief Inspector of the Inspector Department under approved plans.

5. Do not intervene in law enforcement, sanctipate the administrative violation of your employees.

6. Report results of the correct time inspection, content and guidelines of the competent grant.

7. The file storage business organization, the full document, is correct in accordance with the hierarchy.

8. Make other responsibility according to the rule of law.

Section 2: THE RESPONSIBILITY OF THE CHIEF OF INSPECTORS, INSPECTORS, INSPECTOR GENERAL, STAFF AND INSPECTOR GENERAL.

What? 12. Chief of the Inspector General

1. Build an inspection plan in accordance with the inspection decision, the licensing report has the authority to approve.

2. Build a theme, instruct the report in accordance with the approved inspection plan.

3. The organization, directing the members of the Inspector Corps to perform the correct content of the inspection.

4. Records, full sign of the inspector general.

5. The honest, complete, right-term report, the right deadline for the decision to either the inspector or grant the authority if he is given the decision to check the commission.

6. The timely petition with the decision of the inspector to apply the measure of duty, the powers of the decision to make an inspection in accordance with the laws of the inspector.

7. Practice of the right authority in asking for an inspection of the license to export the license, a certificate of business registration, certificate of practice, and providing information, documents, written reports, text on issues related to the vocal content. Examination; property checks associated with the inspection contents of the inspection object; sealing the document of the inspection object.

8. Set up the administrative breach when the detection of the inspector has infringed; the punishment of administrative violations in accordance with the rule of law on the disposal of administrative violations.

9. Practice of the right authority, the process in the temporary suspension of employment when considering that it inflicts serious damage to the interests of the State, the right and the legitimate interests of the agency, the organization, the individual.

10. Set up a law inspector according to the law.

11. Make other responsibility according to the rule of law.

What? 13. Detective Inspector, Inspector

1. Accept the division of the jurisdiction.

2. During the inspection, under the division of the Chief Inspector.

3. Not to be informed of the detective audience and those involved in the inspection to mislead the inspection results.

4. Do not take advantage of the post, the authority of the inspection to cover for the inspection object and those involved.

5. Must refuse to join the inspection team, conduct an independent inspector in case of a wife (or husband), child, father, mother, brother, sister, of his wife (or of her husband) as the subject of inspection or hold of leadership, management in the agency, the organization is Detective, the detective.

6. Do the right task, jurisdiction, jurisdiction in inspection, detection, termination of breach of violation, vehicle stop, administrative breach of the administrative breach, the decision to punish the administrative breach in accordance with the rule of law.

7. No abuse during the execution of the mission.

8. Wear costumes, wear the signs, the correct sign rules during the execution of the service.

9. Preservation, keep your professional cards granted.

10. execute the information security regulation in accordance with regulatory inspection.

11. Do the right hand, process when on duty as a member of the inspection team or execution of the authority to end the conduct of the administrative breach, stop the vehicle.

12. Behavior with the detective object, who violates the right ink, according to the agency ' s rules.

13. Report results in full, honest, timely work on the task range to be assigned.

14. Make other responsibilities according to the rule of law.

What? 14.

1. Accept the division of the jurisdiction.

2. Make the right function, the task to follow the inspection decision or the assignment of the Chief Inspector; help the inspectors, the inspector general of the independent inspector proceed.

3. To terminate the conduct of the right process, procedure, jurisdiction; the executive order of the administrative breach or the resulting test results by law or document, the international convention in which Vietnam is a member.

4. The report granted authority on the results of the test; the case of a timely, full administrative breach.

5. Unconserved with the test subject and those involved in the inspection to mislead the test results.

6. Do not take advantage of the post, the authority to check to cover for the test subject and those involved.

7. Must refuse to join the inspection team, the inspection team in case of a wife (or husband), children, father, mother, brother, sister, of the wife (or of her husband) as the subject of inspection, examination or hold of leadership, management in the agency, the organization is partner. Detective, check.

8. No abuse during the execution of the mission.

9. Preservation, keep your professional cards granted.

10. Use the uniform, the correct sign while the execution of the service.

11. execute the prescribed information security regulation.

12. Behavior with the object of inspection, examination; the standard violation, according to the code of conduct issued by the authority of the authority.

13. Make other responsibilities according to the rule of law.

What? 15. employee responsibility

1. comply with the law, which is accountable to the Chief of the Direct Regulatory Authority and before the law on the implementation of the mission, the powers are delivered.

2. Accept the regulations, obligations in the labor contract.

3. Do the task according to the assignment of the head of the agency, unit or chief, the inspector when supporting the inspection operation.

4. No abuse during the execution of the mission.

5. Make other responsibility according to the rule of law.

What? 16. The responsibility of the inspector community

1. Accept the assignment of the task of collaborating with the Chief of Staff of the Head of the Direct Management Authority and join the fully planned inspection team.

2. Implemendation of provisions at 2, 3, 4, 5, 7, 10, 12, 13 and paragraph 14 Article 13 of this Information.

What? 17. Yes.

1. Head of the Agency for the Head of State Inspector General of Transportation to decide the inspection of the inspector to be in charge of the union when the Chief Inspector of the Inspector violates the responsibility.

2. The head of the inspector general is in charge of the union when the member of the inspection team violates the responsibility.

3. Head of the unit of the body of the body to implement the application of the transport industry responsible for the union, the officer, who is in charge of his direct management, violates the responsibility of the inspection.

Chapter III

JURISDICTION AND FORM OF RESPONSIBILITY

What? 18. The authority considers responsibility for individuals.

1. The minister considers and handles responsibility for Chief Inspector after the opinion of the Inspector General of Government; Deputy Chief Inspector General, General Secretary, Deputy Director General; Chief Minister, Deputy Director, Deputy Chief, Deputy Chief, Deputy Chief, Inspector General. Civil service, civil rights officer.

2. The chairman of the Provincial People ' s Committee reviewed and handled responsibility for the Director of the Transport Department, Deputy Director of the Department of Transport.

3. General Secretary, Director, Director of the Port Authority review and handling responsibility for the individual as an inspection agent under the devolve hierarchy.

4. Director of the Department of Transport considers and handles the responsibility for the Chief Inspector after an opinion of the Chief Inspector of the province; review and handling responsibility for Deputy Chief Inspector and other titles of the Department of State Department.

5. Ombudman, inspector, officer, associate, and employee of the agency, the agency chief has the authority to review and handle the responsibility.

What? 19. Treatment of violations against individuals is public.

1. Based on the level and violation of regulations at Articles 6, 7, 8, 9, 10, 11, 12, and Article 13 of this Smart, civil, public holding office will be imposed on one of the disciplinary action forms of reprimand, warning, wage downgrade, Christmas and Christmas. function, the way of office, is forced to follow the rules of the Decree. 34 /2011/NĐ-CP May 17, 2011, of the Government of the United States, on 17 May 2011.

2. In addition to the form of disciplinary action, inspectors, inspector officials are also revoked on a police inspector card or a statutory inspection public card.

What? 20. The violation of the individual is the official

1. Based on the level and violation of regulations at Article 14 of this Smart, the official, the officer holding the leadership position shall be applied to one of the disciplinary action forms of responsibility, the warning, the manner, which is forced to follow the provisions of the Decree Number. 27 /2012/NĐ-CP April 6, 2012, the government provides for the trial of the officer's discipline and the responsibility of reparation, the return of the officer.

2. In addition to being disciplined by the control form, the warning, the resignation, the officer is suspended from using a career card for a maximum period of 6 months.

3. In addition to being disciplined by criminal discipline, the officer is also revoked by a statutory card.

What? 21. The offense to the individual is a worker.

1. Base to the extent and violation of the regulation in Article 15 of this Smart, the worker will be applied to one of the disciplinary treatment forms of blame, extending the wage lift time or other transfer of lower wages, fired according to Parliament. The government number 41/CP on 6 July 1995 of the Government rules and guidelines for certain provisions of the Labor Code on the discipline of labor and the responsibility of the matter and the Digital Protocol. 33 /2003/NĐ-CP April 4, 2003 of the Government added a number of provisions of Decree No. 41/CP on 6 July 1995.

2. In addition to being disciplined in the form of reprimand, extending the wage period or other transfer of a lower wage, the individual is the worker who is suspended from the suspension of a career card for a maximum of 6 months.

3. In addition to being disciplined by the form of fire, the individual is a worker who has a statutory card revoked.

What? 22. Processing for violation of collaborators

1. At the recommendation of the Chief Inspector, the inspection, the agency that employs the viewer community, the delegation only joined the delegation to the violated associate collaborator at Article 16 of this Smart, while also having the text to recommend the direct management of the community. Look, look, handle it.

2. Base to the extent and violation of regulations at Article 16 of this Smart, the associate will be applied to one of the prescribed disciplinary treatment forms at Article 19 or Article 20 of this Information.

Honey. IV

EXECUTION CLAUSE

What? 23.

1. This message has been in effect since March 1, 2014.

2. This information replaces the number Decision 1467 /2003/QD-BGTVT May 22, 2003, of the Minister of Transport for the temporary provision of the responsibility of the organization, the individual and the form of violation of the violation of the individual in the inspection of the inspection of road transport, rail, waterway, and other duties. Yeah, Homeland

What? 24.

1. Chief of Staff, Chief Inspector of the Department, the Chief Minister, General Directorate General of Vietnam Road, Vietnam Department of Railways, Vietnam Department of Homeland Security, Vietnam Department of Aviation Administration, Vietnam Department of Marine Affairs, The director of the Department of Transport, agencies, organizations and individuals is responsible for this private practice.

2. In the course of execution, if there is an entangrium, the Head of the Agency, the report unit on the Ministry of Transportation review, decides ./.