07 Contents of specialized transport inspection in Vietnam

07 Contents of specialized transport inspection in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is a specialized transport inspection?

According to Article 5 of Circular 02/2014/TT-BGTVT, specialized transport inspection is an inspection activity for organizations and individuals in the observance of laws, processes, regulations, standards, and technical regulations on road, inland waterway, railway, maritime, and air transportation (including international treaties to which Vietnam is a member).

2. Contents of specialized transport inspection in Vietnam

Specifically, in Article 5 of Circular 02/2014/TT-BGTVT, the contents of the specialized transport inspection are as follows:

(1) Transport infrastructure;

(2) Transport means, equipment, and measures to ensure traffic safety;

(3) Activities of registration and registration of transport means and equipment;

(4) Conditions, standards, and qualifications, professional certificates and licenses of drivers, participating in the operation of transport vehicles and equipment;

(5) Training, testing, granting, exchanging, and withdrawing professional diplomas, certificates, and licenses to operate means of transport;

(6) Transport activities and transport support services;

(7) Other specialized activities within the scope of state management of the Transport sector.

3. Operational principles of specialized transport inspection in Vietnam

The operating principles of specialized transport inspection are specified in Article 4 of Circular 02/2014/TT-BGTVT, specifically as follows:

- Transport specialized inspection activities must comply with the law; ensuring accuracy, objectivity, honesty, and timeliness; There is no overlap in inspection scope, subjects, content, or time between agencies performing the inspection function.

- When conducting a specialized inspection, the person signing the inspection decision, the Chief Inspector at all levels, the inspector, and specialized inspection civil servants (hereinafter referred to as inspectors) must comply with the law on inspection and specialized laws and must take responsibility for their acts and decisions.

- Specialized inspection activities are subject to the uniform and professional guidance and direction of the Ministry Inspector.

- Only inspectors who are appointed to the inspection ranks or recognized public servants may conduct independent inspection.

- It is strictly forbidden to conduct inspections without the assignment decision of the competent authority.

4. Tasks and powers of road inspectorate in Vietnam

According to Clause 2, Article 86 of the Law on Road Traffic 2008, the road inspectorate has the following tasks and powers:

- To inspect, detect, stop and sanction administrative violations in the observance of legal provisions on protection of road infrastructure, assurance of technical standards of road works;

In urgent cases, in order to prevent possible consequences on road works, to stop vehicles and ask their operators to take measures to protect works in accordance with law and take responsibility for such decisions;

- To inspect, detect, stop and handle administrative violations in the observance of regulations on transportation activities and transportation support services at standing and parking points along roads, car terminals, parking lots, roadside service stations, vehicle mass inspection stations, toll stations and at road transportation enterprises;

- To inspect, detect, stop and sanction violations in driver training and examination, the grant, renewal and withdrawal of driver licenses, and the technical safety and environmental protection inspection of motor vehicles.

The inspection and examination of army and police car drivers, and the grant, renewal and withdrawal of their driver licenses shall be stipulated by the Minister of Defense and the Minister of Public Security;

- To perform other tasks and exercise other powers according to the inspection law.

Thanh Rin

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