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Circular 12/2008/ttlt-Bgtvt-Bnv: A Guide To The Functions, Duties, Powers And Structure Of The Specialized Agencies On Transportation In The People's Committees Of Provincial Level, District Level

Original Language Title: Thông tư liên tịch 12/2008/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 cấp tỉnh, cấp huyện

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CIRCULAR guide functions, tasks, powers and structure of the specialized agencies on transportation in the people's committees of provincial level, district level _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 13/2008/ND-CP DATED April 2, 2008 Government's regulation organization of specialized agencies in the provincial people's Committee , central cities;
Pursuant to Decree No. 14/2008/ND-CP DATED April 2, 2008 Government's regulation organization of professional bodies in the district people's Committee, district, town, city in the province;
Pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior.
The Ministry of transport and Ministry of the Interior guidance functions, tasks, powers and structure of the specialized agencies of provincial, transportation districts, as follows: part I the DEPARTMENT of TRANSPORTATION i. LOCATION and FUNCTION 1. The Department of transportation is the professional body in the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) has the function of Chief, the provincial people's Committee to help implement state management functions on transport, including on Road: , inland waterways, air transport and road safety.
2. The Department of transportation has a legal personality, a seal and a private account; subject to the direction, management, staffing and organization of the work of the provincial people's Committee; at the same time subject to the direction, instruction, inspection, checking of professional service of the Ministry of transportation.
II. Duties And POWERS 1. The provincial people's Committee: a) draft decisions, directives and other documents issued under the authority of the provincial people's Committee on transportation;
b) draft master plan, 5 year plan, annual, program, projects on transport; measures to implement the administrative reform of transportation within the governance of the Department;
c) investment projects of transportation under the authority the decision of the provincial people's Committee;
d) draft legal text regulating the standard title for Chief, Vice the unit in the Department of transportation; engage with relevant agencies to draft regulation on standards of titles, professional associate has the function of State management of transport of the people's Committee in the County, district, town, city in the province (hereinafter referred to as the people's committees at district level).
2. The Chairman of the provincial people's Committee: a) the draft text issued under the authority of the Chairman of the provincial people's Committee on transportation;
b) draft decision on the establishment, merger, dissolution, reorganization of the unit in the Department of transportation under the provisions of the law; in collaboration with the Department of the Interior process of the people's Committee Chairman issued the draft decision on the ratings business units, a public service by the Department of transport management under the guidance of the Ministry of transport and Ministry of the Interior.
3. Implementation of the legal text, planning, plan, program, project, projects, standards, technical regulation and technical-economic norms in the field of transport is the competent State agencies issued or approval; information, advocacy, education, common law for transportation in the province.
4. About the transportation infrastructure: a) the organization performing the duties and powers of the agency decision on investment, the investor for the project to build the transportation infrastructure according to the hierarchy of the province;
b) management organization, maintenance, warranty, technical standards standards the network works in road traffic, inland waterways are local exploitation under the responsibility of the management or the management trustee;
c) implementation of measures to protect the safety of transportation corridors and facilities for local traffic as prescribed by law, guided by the Ministry of transport and State administration bodies;
d) announced by the authority, the inland waterways open and closed, open the ports, inland waterway Marina on inland waterways, local specialized glands connected to the inland waterways in accordance with local law; the organization licensed to operate the horizontal guests Ben rivers;
DD) staff, to help the provincial people's Committee decision to classify, modify the road system, the other way in accordance with the law and the hierarchy of the provincial people's Committee;
e) set up and manage the road systems, inland waterways within the local management;
g) comments with respect to the construction project on the inland waterways and local specialized glands connected to local domestic waterways as specified; licensed construction on the roads are mined by the local or central management;
h) Organization to execute the duties and powers of State management in the car dock, parking, rest stops and the port, inland marine berth on the road, inland waterways by local management.
5. About the media and the people who control the media, transportation, unloading, construction equipment, specialized in transport (except the media serves to the purpose of Defense, security and fishing vessel) and equipment, specialized technical equipment transportation: a) holding the registration of vehicles inland waterways; registered number plates for machines of organizations and individuals locally according to the rules of law and the hierarchy of the Department of transportation;
b) Organization to perform quality control of technical safety and environment protection for road transport, inland waterway in accordance with the law and the hierarchy of the Department of transportation;
c) engineering design appraisal in repair, conversion, means of transportation, unloading, construction equipment, specialized in transport by road, inland waterways in accordance with the law and the hierarchy of the Department of transportation;
d) organize the training, testing, levels, change, revoke the licence, by, professional certificates, academic certificates the law for transport operators, who operate vehicles, specialized equipment during transportation; certified teachers to teach the practice of driving of the driver training facility; or suggest the Agency has the authority to grant, revoke the license and manage the training drive training facility for local driving under the provisions of the law and the hierarchy of the Department of transportation; certificate of practice service business design of road transport and inland waterway means for individuals at the local level.
6. About transportation: a) chairing or coordinating with relevant agencies to implement policies to develop public passenger transport according to the provisions of the provincial people's Committee;
 b) implementation the management of passenger transport by car follow fixed routes, contracts, transport tourists and public passenger transport by bus in accordance with the law; international transport license, the license issued specifically for motorized transport by road under the provisions of the law and the hierarchy of the Department of transportation;
c) instructions, check local bus construction according to the approved plan; manage the transportation of passengers; the organization management of passenger transport service;
d) announced activity, to monitor the activity of testing ship fast and announced, subscribe online passenger transport operations on inland waterways.
7. traffic safety: a) chairing or coordinating with relevant agencies to implement the search and rescue work for road, rail, inland waterway, maritime and aviation occurred on the prescribed by law and assigned by the provincial people's Committee; coordinate handling traffic accidents on the area when required;
b) organized the implementation of preventative measures, reduce traffic accidents, prevent and handle infringement transportation, stupid traffic safety corridor;
c) Is a permanent body or as a member of the Transportation Safety Board as assigned by the provincial people's Committee;
d) appraising traffic safety on the railways; the location of the connections between the district, the town with the province; the connection point of the production facilities, business services along the sides of the road.
8. Implementation of the provisions of the law on the protection of the environment in transport in the scope of the governance of the Department under the provisions of the law.
9. Help the provincial people's Committee of management for the State enterprises, collective economic organizations, the private sector; instructions, check works for the society and non-governmental organizations in the field of transport in the province under the rule of law.
10. professional guide service on transportation for the specialized agencies in the people's committees at district level.
11. Instructions, check the implementation mechanism of autonomy, responsibility of the business units in the public administration of the Department according to the hierarchy of the provincial people's Committee and the provisions of the law.
12. international cooperation in the field of transport in accordance with the law and assigned or authorized by the provincial people's Committee; chairing or participating in the evaluation, review and implementation of the research, the project, the project application progress of relevant technology to local transportation.

13. Inspection, testing and handling of violations of the laws on road transport, inland waterway and protect transportation, ensuring traffic safety and order in the province; complaints, accusations, corruption prevention in accordance with the law or assigned by the provincial people's Committee.
14. the functions, duties and powers of the Office of the Ombudsman, the departments, and the business units in the Department; Payroll Manager, salary regimes and policies, policies, training, reward, or discipline for public servants in the scope of the governance of the Department according to the hierarchy of the provincial people's Committee and the provisions of the law.
15. financial management, assets are allocated according to the hierarchy of the provincial people's Committee and the provisions of the law.
16. Perform periodic reports, information and implementation of assigned tasks according to the provisions of the provincial people's Committee and the Ministry of transportation, the Transportation Safety Board.
17. Perform other tasks by the provincial people's Committee or under the provisions of the law.
III. ORGANIZATIONAL And STAFFING STRUCTURE 1. Head: a) the Department of transportation has directors and not more than 3 Associate Director; for the city of Hanoi and Ho Chi Minh City 04 Deputy Director;
b) Director is the head of Department, responsible to the provincial people's Committee, Chairman of the provincial people's Committee and before the law of all activities of the Department; responsible for reporting the work of the previous provincial people's Council, the provincial people's Committee and the Ministry of transportation as specified;
c) Deputy Director of the Department's Director, responsible to the Director of the Department and before the law about the tasks assigned; When the Director is absent, a Deputy Director of the Department is the Director of the Department of the executive mandate of the activities of the Department;
d) appointing the Director and Deputy Director by the Chairman of the provincial people's Committee decided according to professional standards, professional by Ministry of transport issued and according to the provisions of the law. The dismissal, resignation, reward, discipline and made the mode, the policy with regard to the Director and Deputy Director of the Department to comply to the provisions of the law.
2. Organizational structure a) the organizations established at the Department, including: Office; Inspection and financial accounting.
b) departments, established business consistent with characteristics of each locality, to manage the areas, the face of the work of the Department: management of transport infrastructure; transportation management, the media and the drive; traffic safety and other areas under the provisions of the law.
Based on the nature, characteristics and state management requirements for the transportation industry in the locality, the Director of the Department of transport, in coordination with the Director of the Department of the Interior process of the people's Committee Chairman granted the specific decisions on the number and names of the departments Service Department, but must not exceed 12, to the city of Hanoi and Ho Chi Minh City, no more than 6 rooms.
c) The business units directly under the Department, including: the College of transport or transport colleges; Professional secondary school or vocational school; Vocational training centre; Testing Center, license to drive motor vehicles on road; Central (or Stations), means of engineering test device of motor traffic (when not yet transformed into enterprises) or other name (if available); Inland waterway port or management port, inland marine dock (where no port inland waterways); Management of bus station or the bus station; Management of investment projects in construction of transport infrastructure (when not yet transformed into organized project management consulting); Road management segment of the River, the road management, management or marine ferry (active in the time not yet converted into business); other business units (if any).
3. Staffing: a) the payroll administration of the Department of transportation by the provincial people's Committee decision in the total payroll allocated by the Central Administration;
b) staffing of the business units directly under the Department of transportation by the provincial people's Committee decided according to the level of staffing and the provisions of the law.
Part II-LEVEL PROFESSIONAL BODIES I. LOCATION And FUNCTION 1. Urban management or the Industry's professional body functions, Chief of the people's Committee at district level to help implement state management functions on transportation and other sectors are assigned according to the provisions of the law (with respect to the other fields in the room or rooms urban management Industry due to The respective sector management guide).
2. urban management or industrial and commercial Chamber seal and a private account; subject to the direction, management, staffing and organization of the work of the people's Committee at district level, and subject to the direction, instruction, inspection, professional inspectors, transportation professional of the Department of transportation.
II. Duties And POWERS 1. The people's Committee of the district level: a) draft decisions, only market, planning, long term plan, annual and 5 year; the project, the development program of the transportation on the district level;
b) draft program, mobilized solutions, collaboration in the implementation of the work to ensure order, road safety;
c) investment projects construction of local transportation infrastructure according to the hierarchy of the provincial people's Committee;
d) the draft decision of the district people's Committee of the road classification commune under the provisions of the law.
2. Implementation of the legal text, planning, plan, project, program and other texts about transport after being approved by the authority.
3. Organizational Management, maintenance, warranty, technical standards standards the network works in road traffic, inland waterways are exploited by the local district level responsible management.
4. management of transport operations in accordance with the law and the guidelines of the competent State bodies.
5. the implementation of measures to prevent, deter and handle infringement transportation, stupid traffic safety corridor; coordinating with relevant agencies in the relief informally lobby local traffic safety under the guidance of the Department of transportation and the direction of the people's Committee at district level.
6. the Permanent Mission of the traffic safety Committee at district level; coordinate with relevant agencies to deploy rescue operations by road, rail, inland waterway, maritime and aviation occurred on the district level.
7. professional guide service on transportation for officers, communes, wards and towns in the area.
8. Make propaganda, popular legal education, information about transportation and other public services in the field of transport in accordance with the law.
9. periodic reports and the implementation of the tasks of the work was entrusted to the people's Committee at district level and the Department of transportation.
10. Performs other duties of transportation due to the people's committees at district level or as prescribed by law.
III. STAFFING And ORGANIZATION 1. The Chief of the urban administration or industrial and commercial Rooms directly in charge or assigned Deputy Chief in charge of professional expertise in the field of transport in the functions and tasks of the room.
2. The base needs the management of local transportation, district-level people's committees allow payroll to assume the duties of transport in the total payroll of the district are the provincial people's Committee.
Part III IMPLEMENTATION 1. This circular effect after 15 days from the Post Gazette and replacing circular No. 93/TT-LT 29 March 1997 of the Ministry of transportation-the Organization-Government officials instructed the tasks, powers and organizational structure of the Department of transportation and public works (collectively referred to as the Department of transportation) in the province of the central cities, (collectively referred to as the Department).
2. the people's committees of provinces and cities under central: a) specified functions, tasks, powers and organizational structure of the Department of transportation; guide the people's Committee at district level specifies the tasks, powers, organisation of the professional body has the function of State management on transportation in the people's committees at district level;
b) base specification, the situation of socio-economic development and state management requirements locally decided the establishment, merger, dissolution, reorganization Department career institutions according to the planning authority for approval and guidance in this circular.
3. The President of the people's Committee in the province, the city is responsible for centrally organized implementation of this circular.
In the process, if any problems arise or have difficulties and obstacles, the provinces and cities under central timely reflection of the Ministry of transport, Ministry of the Interior to consider, resolve according to jurisdiction./.