Circular 42: Detailing the responsibilities of authorities in inspection operation in Vietnam

On October 16, 2012, the Ministry of Transport issued Circular 42/2012/TT-BGTVT stipulating responsibilities and handling of violations in the inspection operation in Vietnam.

Circular  42:  Detailed  responsibilities  of  agencies  in  the  inspection  work,  Circular  42/2012/TT-BGTVT

Circular 42: Detailing the responsibilities of authorities in inspection operation in Vietnam(Illustrative image)

From Article 4 to Article 8 of Circular 42/2012/TT-BGTVT stipulates the responsibilities of agencies and organizations in the inspection operation. To be specific:

For the inspection group

- Perform the inspection operation in accordance with the regulations, within the assigned authority.- Check and control the inspection process and results within the inspection group to ensure conformity.

For the inspection unit

- Organize the public announcement of procedures and inspection processes at the unit's headquarters for customers to be informed and monitor the implementation.- Organize the implementation of inspections at the unit according to regulations, within the assigned authority.- Assign inspection tasks at the unit suitable to the capabilities, certifications, and certificates of the inspection officers.- Ensure human resources are available for inspection services at the unit according to regulations.- Ensure the unit is fully equipped with inspection equipment, tools, and labor protection according to regulations; maintain the equipment and tools to ensure the accuracy of measurement and testing results.- Check and control the inspection process and results, and issue inspection records within the unit to ensure conformity.- Organize the collection of fees and charges in conformity.

For the advisory agency

- Advise the Director of Vietnam Register in organizing the implementation of state management functions in the inspection operation as assigned nationwide.- Draft legal documents, standards, technical regulations, operation guidelines, and other documents to submit to the competent authority for issuance, guide inspection units in implementing inspections as assigned.- Appraise technical dossiers, and types of certificates, submit to the Director of Vietnam Register for signature or sign according to authority.- Organize the inspection and control to detect violations in the assigned field, submit to the Director of Vietnam Register for consideration and decision on remedial and preventive measures.

For the Department of Transport or other superior agencies of the inspection unit

Direct and inspect the implementation of inspection activities at subordinate inspection units according to the regulations, standards, technical regulations, and related operational guidelines of the Vietnam Register.

For the Vietnam Register

- Organize the implementation of state management functions in the inspection operation.- Direct and inspect the implementation of inspection activities at subordinate inspection units according to the regulations, standards, technical regulations, and related operational guidelines.

Detailed content can be found at Circular 42/2012/TT-BGTVT, effective from January 1, 2013.

Le Vy

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