Circular 34/2013/tt-Bgtvt: Regulations Regarding The Duties, Powers And Organization Of The Vietnam Maritime Bureau Inspector

Original Language Title: Thông tư 34/2013/TT-BGTVT: Quy định về nhiệm vụ, quyền hạn và tổ chức của Thanh tra Cục Hàng hải Việt Nam

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The CIRCULAR regulates the duties, powers and organization of the Vietnam Maritime Bureau Inspector _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on the Ombudsman of 15 November 2010;
The Vietnam maritime law base on June 14, 2005;
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 07/2012/NĐ-CP dated September 2, 2012 of the Government regulations on the assigned authority perform functions of specialized inspectors and inspection activities;
Pursuant to Decree No. 57/2013/NĐ-CP dated 31 May 2013 of government regulations on the Organization and operation of the transportation industry inspectors;
Pursuant to Decree No. 81/2013/ND-CP dated 19 July 2013 the Government detailing some things law enforcement measures and handling of administrative violations.
According to the recommendation of the Chief Inspector of the Ministry of transport, Vietnam Maritime Bureau Chief, the Minister of transport issued a circular regulating the tasks, powers and organization of the Vietnam Maritime Bureau Inspector.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the duties, powers and organization of the Vietnam Maritime Bureau Inspector (hereinafter called the Maritime Bureau Inspector); duties, powers of Chief Inspector of the Vietnam Maritime Bureau (hereafter referred to as Chief Inspector of the Maritime Bureau); the work of Executive direction and coordination of inspection activities seafarers.
Article 2. The object that applies to this circular apply to Vietnam Maritime Bureau, inspected the Maritime Bureau, Maritime Ports and the organizations and individuals related to maritime activities.
Chapter II the DUTIES, powers and ORGANIZATION of the VIETNAM MARITIME BUREAU INSPECTORS article 3. The location, the function of the Maritime Bureau Inspector 1. Inspection of the Maritime Bureau is the Agency of the Vietnam Maritime Bureau, helping Vietnam Maritime Bureau Chief (hereinafter called Bureau Chief) perform the function inspection seafarers in accordance with the law of Vietnam and the international treaties to which Vietnam is a member of maritime.
Inspection of the Maritime Bureau under the direct leadership of the Director and subject to the direction, guidance on the inspection services of the Inspector of the Ministry of transportation (hereinafter Inspector).
The Maritime Bureau inspectors have international name in English is the Vietnam Maritime Inspectorate, abbreviated to VMI.
2. Inspection of the Maritime Bureau seal, opened the account in the State Treasury; used stamps of Vietnam Maritime Bureau under the provisions of the law on the use of the seal.
3. Inspection of the Maritime Bureau was assigned the facilities, technical equipment, vehicles to serve the operation inspection and sanctioning of administrative violations.
Article 4. The Organization and staffing of the Maritime Bureau Inspector 1. The Maritime Bureau inspectors have the Chief Inspector, Deputy Chief Inspector, Inspector and public officials.
The Chief Inspector of the Maritime Bureau led by Director appointment, dismissal, resignation after a unanimous opinion written by Chief Justice Inspector of the Ministry of transportation (hereinafter the Chief Inspector). Deputy Chief Inspector of the Maritime Bureau led by Director appointment, dismissal from Office, as proposed by the Chief Inspector of the Maritime Bureau.
2. Staffing of the inspection of the Maritime Bureau in the payroll administration of Vietnam Maritime Bureau by the Minister of transport.
Article 5. The duties and powers of the Bureau of marine inspection 1. Help the Chief Building Inspector annual plan submission to the Minister of transport for approval and implementation after approval; building instructions, and the Director of the inspection plan approval of maritime ports.
2. Inspect for organizations, individuals in the Executive law of seafarers, regulation of technical expertise, industry management rules in accordance with the law of Vietnam and the international treaties of which maritime Vietnam is a member, in the following areas: a) the maritime safety and prevention of pollution in the harbor; the management and exploitation of the port;
b) maritime safety, maritime security, maritime labour conditions and environmental pollution prevention of ships and foreign ships Vietnam when operating in the waters of the sea ports, inland marine and Vietnam territorial;
c) management, harnessing the flow of maritime, maritime assistance system; Marine notice;
d) information activities in maritime safety, maritime security;
DD) business activities in maritime transport and maritime services;
e) active oil spill response, management of receiving and processing of liquid waste oil from ships in port;
g) activities of the maritime navigation;
h) training, coaching, competition, testing, professional certification for crews and maritime navigation;
I) works of registration of the ship and positioned the boat;
k) search and rescue operations, maritime salvage;
l) salvage operation of assets sank in the sea and in the waters of the port.
3. Detection, set the minutes, apply the preventive measures, decision sanctioning administrative violations under the authority or the authorized recommendations decision sanctioning administrative violations as a rule.
4. Tracking, urge, to check the implementation of the conclusions, recommendations, decisions about handling the Ombudsman, sanctioning administrative violations.
5. Recommendations or the authority improve policies, laws on the management of seafarers; recommendation the Agency has the authority to suspend the enforcement of or cancel the unlawful provisions is detected through inspection activities; recommendations apply measures to handle and overcome the breach in the maritime operations.
6. Help organize citizen marketing Chief; complaints, accusations; Prevention of corruption according to the regulations.
7. Advocacy, dissemination and legislation: inspection; sanctioning administrative violations; next to the citizens; complaints, accusations; Prevention of corruption.
8. Help the Chief Inspector of the Ministry of training, inspection guidance, sanctioning administrative violations; State inspection service ports (Port State Control) for public servants, officers assigned to the specialized inspection, sanctioning administrative violations in the Vietnam Maritime Bureau and maritime ports.
9. General, ministerial reports results on: inspection, sanctioning administrative violations; the work of the port State inspections; complaints, accusations; corruption prevention in the scope of responsibility of the Vietnam Maritime Bureau.
10. Duties, powers by the Director, Chief Inspector of the Ministry in accordance with the law.
Article 6. Duties, powers of Chief Inspector of the Maritime Bureau 1. The Organization, management, operations operations of the Maritime Bureau Inspector made under the provisions of this circular and the other provisions of the relevant laws.
2. Help the Director directs, checking for maritime Port of inspection missions; handle the overlap of the scope, object, content, time of inspection agencies, units of Vietnam Maritime Bureau.
3. Decides to establish the Corps of inspectors under the program, the plan was approved by the inspector or inspectors, assigned civil servants in the Maritime Bureau inspectors perform the task of inspection of seafarers under the authority.
4. The Chief Inspector back for the incident has been the Director of maritime port in the conclusions but discovered that signs violate the law; unscheduled inspections when the Agency, organization or individual that signs in violation of maritime law or at the request of the Chief Inspector.
5. Recommendations to Bureau Chief to temporarily suspend the enforcement of the decision wrong on the inspection of Maritime Ports.
6. The decision to suspend or propose authority suspends unlawful acts for the specialized agencies, organizations and individuals, when there is enough bases to determine the acts that cause damage to the interests of the State, the legitimate rights and interests of citizens or interfere with the inspection process.
7. Recommendations to Bureau Chief or require the Organization, individuals take out the necessary measures to ensure the safety of navigation, maritime security, maritime labour conditions and environmental protection according to the regulations.
8. Sanctioning administrative violations under the authority or the competent decision sanctioning administrative violations in accordance with the law on handling administrative violations.
9. the duties and powers by the Director or the Chief Inspector of the Ministry in accordance with the law.
Chapter III, Executive DIRECTOR and COORDINATING INSPECTION ACTIVITIES SEAFARERS article 7. Steer, run 1. Ministerial instructions, test, urging the construction and organization of the inspection plan seafarers; Guide, professional training organization for public officials, inspectors, officers are assigned the task of specialized inspection; sanctioning administrative violations in the field of navigation.
2. Bureau Chief directing the Chief Inspector of the Maritime Bureau, Director of maritime Port survey, construction and implementation of programs, plans inspection of seafarers; directs the work of coordination between Maritime Bureau inspection, the Maritime Bureau's professional room Vietnam and maritime ports in performing their duties, the Inspector powers seafarers.
Article 8. Coordination of activities 1. The Maritime Bureau inspectors have responsibility: a) to coordinate, manage, monitor and build training plans, training within the country and abroad for the inspectors, public servants the task Inspector, sanctioning administrative violations in the maritime sector;
b) in coordination with the Maritime Ports in the build task force inspected seafarers;
c) collaboration with other specialized inspection agency under the Ministry of transportation, in the ministries and local governments to handle issues related to inspection of seafarers; with legal protection in the prevention of, prevent, fight against the violations of the law in the scope of tasks and powers assigned to it.

2. The Heads of the agencies of the Vietnam Maritime Bureau is responsible for coordination with the Maritime Bureau Inspector in building inspection plan, inspection and implementation planning inspector, check; the layout and create the conditions for civil servants, officers are assigned the task of specialized inspection administered his mission Inspector seafarers.
3. Maritime Ports are responsible for coordination with the Maritime Bureau Inspector in the construction and the inspection plan; building inspector force seafarers.
Article 9. Responsible for the coordination of the organizations and individuals 1. The agencies in the sector of transportation is responsible for providing timely, complete, accurate information, document as proposed by the Maritime Bureau inspector when Inspector content related.
2. Organizations and individuals is the object Inspector of agencies, organizations, and individuals have a responsibility to coordinate, in collaboration with members of the delegation inspected, inspectors, civil servants professional inspector when conducting the independent inspection and perform the responsibilities and powers under the provisions of the law on the Ombudsman.
Chapter IV the TERMS OF IMPLEMENTATION of article 10. Effect 1. This circular is effective from December 1, 2013.
2. This circular replaces decision No 70/2005/QĐ-BGTVT dated 16 December 2005 of the Minister of transportation regulations regarding the Organization, functions, duties and powers of the maritime Inspector.
Article 11. Responsible for enforcing The Chief, Chief Inspector, the Director of the Vietnam Maritime Bureau Director, Chief Inspector of the Maritime Bureau, Director of maritime ports, the heads of organizations and individuals concerned is responsible for the implementation of this circular.