What are duties and powers of the Department of Transport Infrastructure under the Ministry of Transport in Vietnam?

What are duties and powers of the Department of Transport Infrastructure under the Ministry of Transport in Vietnam?

In Article 11 of Decision 1332/QD-BGTVT in 2022, there is a provision on duties and powers of the Department of Transport Infrastructure under the Ministry of Transport as follows:

1. To guide specialized management agencies in formulating plans for maintenance of traffic infrastructure and organizing the implementation. To assume the prime responsibility for appraising and submitting to the Minister for approval the 5-year, annual plan for transport infrastructure maintenance and inspecting the implementation.

2. Preside over advising the Minister:

a) Submit to the Government for regulations on the closure and opening of airports, airfields and seaports; inland waterway ports; closing, opening, suspending the operation of the inland port; guide the organization and implementation;

b) Submitting to the Government for regulations or regulations according to its competence the scope of inland waterway navigational protection corridors, maritime works, road and railway safety corridors, obstacle limit surfaces in the area; airport area;

c) Submitting to the Government for regulations or regulations according to its competence the classification and naming of road numbers;

d) Submitting to the Prime Minister for decision the opening of airports and airfields;

dd) Submitting to the Prime Minister for publication the list of seaport classification;

e) Publicly publish the air obstacle limit surfaces;

g) Decide the temporary closure and reopening of airports and airfields; closing and opening seaports; closing, opening, suspending the operation of the inland port; decide to announce and adjust the national railway system, special-use railway with rail connection with the national railway; stipulating the registration and issuance of the Certificate of airport or aerodrome registration; inspect the organization and implementation;

h) Regulations on the closing and opening of railway stations, national railway lines, navigational channels, inland waterways, ports and inland wharves with foreign watercraft entering and leaving;

i) Detailed regulations on the management of the operation of the system of navigational signals and maritime notices within the competence of the Ministry; direct the organization of construction and publication of charts of seaport waters and navigational channels;

k) Issue economic-technical norms and regulate the management of traffic infrastructure according to its competence; regulate the maintenance, management, use and exploitation of traffic infrastructure nationwide; directing and inspecting the organization of maintenance and assurance of technical standards and regulations of the network of traffic works in operation under the management of the Ministry;

l) Prescribing the regime of responsibility of agencies, units and individuals that violate regulations on management and maintenance of traffic infrastructure in use;

m) Regulations on the scope of management of transport infrastructure by the specialized management agency and relevant agencies and units (except for the announcement of seaport waters and management areas of the maritime port authority);

n) Decide to suspend or temporarily suspend or stop the operation of degraded traffic works that are likely to lead to dangerous incidents or seriously violate technical standards and regulations on the quality of works being operated. ;

o) Decide on the connection of crossroads between roads and railways, between roads other than national highways and the construction of collection roads for road works in operation;

p) Decide on classification and adjustment of the national highway system;

q) Selecting a unit to manage the operation and maintenance of traffic infrastructure works;

r) Approve investment in construction of temporary seaport infrastructure.

3. To advise and assist the Minister in the management of road, railway, maritime and inland waterway safety corridors under the Ministry's management.

4. Monitoring and synthesizing the current status of the transport infrastructure system.

5. To act as the focal point of the Ministry to coordinate with the People's Committees of the provinces and centrally-run cities, the relevant ministries and branches in propagating, disseminating, educating and implementing the provisions of the law on management management and protection of traffic infrastructure in operation.

6. To assume the prime responsibility for, or coordinate in, the implementation of international cooperation activities in the field of transport infrastructure as assigned by the Minister.

7. To assume the prime responsibility for or coordinate in the settlement of disputes related to the management and protection of transport infrastructures within the competence of the Ministry.

8. Coordinating with the Finance Department in allocating funds for management and maintenance of traffic infrastructure; coordinate with the Department of Planning and Investment in approving investment projects, renovating and upgrading traffic infrastructure.

9. Coordinating with the Construction Investment Management Department and the Vietnam Expressway Administration to negotiate and negotiate project contracts under the mode of public-private partnership related to the maintenance of traffic infrastructure.

10. Coordinating with the Construction Investment Management Department and the Vietnam Expressway Administration in appraising the Minister to submit to the Prime Minister for approval or for approval according to his/her competence investment projects and investment project adjustments.

11. Natural disaster prevention and control and search and rescue are the responsibility of the Ministry of Transport:

a) Take the lead in advising the Minister to promulgate documents on natural disaster prevention and control and search and rescue under the responsibility of the Ministry of Transport;

b) Take the lead in advising the Minister and Head of the Ministry's Commanding Committee for Natural Disaster Prevention and Control and Search and Rescue in natural disaster prevention, incident response and search and rescue under the Ministry's management. according to regulations of the Law. Being the standing agency performing the task of advising and assisting the Commanding Committee for Natural Disaster Prevention and Control and Search and Rescue of the Ministry; perform the functions and tasks of the standing agency in response to natural disasters and search and rescue according to regulations;

c) Guiding and inspecting specialized management agencies in the implementation of measures to prevent and combat floods and storms; Search and Rescue; fire prevention and fighting in road, railway, inland waterway, maritime and aviation traffic;

d) Take charge or cooperate with relevant organizations, agencies and units in propagating, disseminating and educating the law on natural disaster prevention and search and rescue;

dd) Preside over the formulation of state budget plans for agencies and units in charge of natural disaster prevention and control and search and rescue; assigning tasks and funding to agencies and units under the Ministry to perform ad hoc search and rescue, incident response, natural disaster and disaster response according to regulations;

e) Participating in the formulation and signing of international treaties on disaster prevention and search and rescue.

12. Traffic safety inspection and appraisal in accordance with law:

a) Assume the prime responsibility for appraising, advising and submitting to the Minister for approval the traffic safety inspection report in the pre-acceptance test and put into operation stage and the road construction phase in operation under the Ministry's authority;

b) Coordinating with the Construction Investment Management Department, the Vietnam Expressway Administration to perform the following tasks: appraise the outline, estimate the bidding package for traffic safety verification before the acceptance test and put the project into operation. mining and other related tasks; traffic safety appraisal at the technical design stage (for 3-step design projects) or construction drawing design (for 2-step design projects);

c) Guide the specialized management Department to develop a plan to deal with black spots and potential traffic accidents. Take charge of the appraisal and submit to the Minister for approval the annual plan to deal with black spots and potential traffic accidents and organize the inspection of the implementation;

d) Provide advice on the control of vehicle loads in the fields.

13. Perform other tasks assigned by the Minister.

What is position and function of the Department of Legal under the Ministry of Transport in Vietnam?

In Article 12 of Decision 1332/QD-BGTVT in 2022, position and function of the Department of Legal under the Ministry of Transport are as follows:

The Legal Department is an advisory organization to assist the Minister in performing the state management by law in the field of transportation, including organizing the implementation of the following tasks: Law formulation; review and systematize legal documents; examine and handle legal documents; law dissemination and education; monitor the situation of law enforcement and inspect the implementation of the law, state compensation in the transport sector; codification of legal documents; Legal support for businesses in the field of transportation.

What are duties and powers in law-making work of the Department of Legal under the Ministry of Transport in Vietnam? 

In Clause 1, Article 13 of Decision 1332/QD-BGTVT in 2022, duties and powers in law-making work of the Department of Legal under the Ministry of Transport are as follows:

1. Regarding law-making work:

a) Assume the prime responsibility for formulating the proposed program for formulation of legal documents on transportation for the Minister to decide or submit to the Government for decision; monitor, summarize, inspect and report on the program implementation;

b) To assume the prime responsibility for, and organize the elaboration of, transport law and ordinance projects according to the law- and ordinance-making program of the National Assembly and the National Assembly Standing Committee;

c) Assume the prime responsibility for, or coordinate with relevant agencies and organizations in, elaborating legal documents on transportation for the Minister to promulgate or submit to the Government or Prime Minister for promulgation as assigned by the Minister. Minister;

d) Assume the prime responsibility to advise and submit to the Minister for promulgation legal documents on the announcement of seaport waters and areas under the management of the maritime port authority and maritime pilotage routes; organize the implementation;

dd) Participating in formulating mechanisms and policies to manage and develop traffic infrastructure, transport activities, transport support services, multimodal transport, public passenger transport and maintenance ensure traffic order and safety;

e) Appraise draft legal documents developed by agencies and organizations under the Ministry before the Minister submits them to competent state agencies for promulgation or promulgates according to his/her competence and draft treaties. , international agreements in Vietnamese that are drafted by agencies and organizations under the Ministry before being submitted to the Minister for signature or accession or the Minister submits to competent state agencies for signing or accession;

g) To give opinions on draft legal documents submitted by state management agencies to the Ministry as assigned by the Minister.

Best Regards!