Duties and powers of Department for Roads of Viet Nam

Duties and powers of Department for Roads of Viet Nam
Nguyễn Thị Diễm My

Does the Department for Roads of Viet Nam have legal status? What are the duties and powers of Department for Roads of Viet Nam? – Thu Hang (Da Nang)

Duties and powers of Department for Roads of Viet Nam

Duties and powers of Department for Roads of Viet Nam (Internet image) 

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

1. Position and functions of the Department for Roads of Viet Nam

- Department for Roads of Viet Nam is an organization directly under the Ministry of Transport, performing the function of advising and assisting the Minister of Transport in state management and organizing law enforcement on road transport nationwide (except for the functions assigned to the Vietnam Highway Department); organizing and implementing public road transport services according to the provisions of the law.

- Department for Roads of Viet Nam has legal status, has a national emblem seal, and has its own account at the State Treasury, headquartered in Hanoi.

- Vietnam Roads Department has a transaction name in English: Department for Roads of Viet Nam (abbreviated as DRVN).

(Article 1 of Decision 1218/QD-BGTVT 2022)

2. Duties and powers of the Department for Roads of Viet Nam

The tasks and powers of the Department for Roads of Viet Nam are specified in Article 2 of Decision 1218/QD-BGTVT in 2022, including:

(1) Developed for the Minister of Transport (hereinafter abbreviated as Minister) to submit to competent authorities for promulgation or promulgate according to authority (except for tasks assigned to the Vietnam Highway Administration):

- Legal documents, mechanisms, policies, and other documents on road transport;

- Strategies, planning, medium-term and annual plans, programs, and projects for road transport development throughout the country.

(2) Develop national standards, national technical regulations, and economic-technical norms specialized in road transport (except highways) and submit them to the Minister for promulgation according to authority or request a competent authority to appraise and announce them; Organize the development and publication of specialized facility standards.

(3) Organize and inspect the implementation of legal documents, standards, national technical regulations, mechanisms, policies, strategies, national programs, planning and plans, schemes, and projects on road transport (except expressways).

(4) Organize propaganda and dissemination of laws on road transport (except highways).

(5) Regarding construction investment management, management, exploitation, use, maintenance and protection of road traffic infrastructure:

- Develop and submit to the Minister for promulgation or for the Minister to submit to competent authorities for promulgation of regulations, capital creation mechanisms, and resources to build, manage, exploit, use, and maintain road traffic infrastructure (except for tasks assigned to the Vietnam Highway Administration);

- Develop and submit to the Minister: decide to classify and adjust the national highway system; regulations on connection to national highways; assessment of road traffic safety; load capacity; road gauge limits; load announcement; national highway gauge limits; road signs; vehicle speed; placing speed signs; organization and operation of vehicle load inspection stations;

- Implement investment decision authority, tasks of investors, and tasks of specialized agencies in the construction of road construction investment projects (except for expressways) according to the assignment, decentralization, and authorization of the Minister;

- Traffic organization on the national highway system; organize the management, exploitation, use, and maintenance of traffic infrastructure on national highways;

- Guidance on the management, maintenance, exploitation, and use of road infrastructure; synthesize the development situation of road systems nationwide;

- Establishe prices for public products and services in the management, exploitation, use, and maintenance of national highway infrastructure;

- Coordinate with relevant agencies and local authorities to protect traffic infrastructure and road safety corridors;

- Implement the rights and obligations of the agency assigned to manage infrastructure assets; Organize the assignment of tasks, placing orders, and bidding to provide public products and services according to the provisions of the law;

- Carry out tasks of competent authorities, contracting agencies, and specialized construction agencies for road construction investment projects according to the public-private partnership method established by the Ministry of Transport which is a competent agency according to the provisions of law and decentralized and authorized by the Minister (except for tasks assigned to the Vietnam Highway Administration);

- Preside and coordinate with the Vietnam Highway Administration to organize management and maintenance; Directly organize the exploitation of expressway routes invested with state budget capital according to the provisions of the law (except for tasks assigned to the Vietnam Highway Department);

- Carry out tasks of investment decision agencies, exploitation contract signing agencies, and specialized agencies under the Ministry of Transport for business, service, national highway exploitation projects, and socialization projects according to assignment, decentralization, and authorization (except for tasks assigned to the Vietnam Highway Department).

(6) Regarding management of vehicles and drivers of road motor vehicles (except for vehicles and drivers of road motor vehicles for defense and security purposes):

- Develop and submit to the Minister for approval the proposal to sign or join international treaties on road motor vehicle driving licenses; Organize the issuance of international driving licenses according to international treaties and agreements on driving licenses as decentralized by the Minister;

- Develop and submit to the Minister regulations on training, testing, issuance, renewal, extension, and revocation of driving licenses for drivers of road motor vehicles; regulations on issuance and revocation of registration and license plates for specialized motorbikes participating in road traffic; regulating the issuance of certificates of training in road traffic law knowledge for drivers of specialized motorbikes participating in traffic; guiding implementation;

- Develop and submit to the Minister for promulgation national technical regulations on driving testing centers and equipment serving the management of training, testing, and issuance of driving licenses; Organize, guide, inspect, and calibrate the implementation of standards and regulations and issue certificates of road motor vehicle driving testing centers qualified to operate according to the provisions of law;

- Security design, printing, issuance, guidance, and management of the use of driver's licenses and certificates of training in road traffic law knowledge for drivers of specialized motorbikes nationwide;

- Manage training, testing, and issuance of road motor vehicle driving licenses and certificates of legal knowledge training for drivers of specialized motorbikes participating in road traffic according to the decentralization of the Minister;

- Organize and register specialized motorbikes participating in road traffic;

- Coordinate the development of standards and technical regulations for road transport vehicles and equipment;

- Organize the issuance of special circulation permits for vehicles that are overweight, oversized, and tracked; license vehicles and forces accompanying road vehicles to perform search and rescue according to the provisions of law.

(7) Regarding road transport management:

- Develop and submit to the Minister regulations on the organization and management of road transport, road transport support services, and approval of international cooperation programs and plans on road transport;

- Develop and submit to the Minister for approval the proposal to sign or join international road treaties; Organize the licensing of international road transport according to international treaties and agreements on road transport according to the Minister's decentralization;

- Road transport management and road transport support services according to the provisions of the law; Manage passenger transport routes by car according to the Minister's decentralization;

- Guide and inspect the implementation of road transport business conditions and regulations on road transport support services; guide the organization of collective economic development and cooperatives in road transport;

- Coordinate and implement content on anti-terrorism and disease prevention in road transport.

(8) Regarding road traffic safety:

- Develop and submit to the Minister projects and solutions to ensure road traffic order and safety; Guide and inspect the implementation of measures to ensure road traffic safety according to the provisions of the law;

- Organize the implementation of prevention, response, and response to incidents and natural disasters and coordinate search and rescue in road traffic according to the decentralization of the Minister;

- Guide, inspect, and coordinate the implementation of load control on road transport vehicles nationwide;

- Organize the handling of black spots and potential traffic accident spots and evaluate traffic safety in the management and maintenance of the currently operating national highway system;

- Organize inspections on occupational safety and hygiene; Organize the investigation of occupational accidents occurring on road transport vehicles according to the provisions of law;

- Coordinate with relevant units to organize the implementation of fire prevention and fighting on the currently operating national highway system according to the provisions of law.

(9) Regarding environmental protection in road transport (except highways):

- Organize the preparation and submission to competent authorities for appraisal and approval of strategic environmental assessment, environmental impact assessment, environmental license, environmental registration for planning, programs, and projects to develop road traffic infrastructure according to the provisions of law;

- Organize the implementation of programs, projects, schemes, planning, and plans on environmental protection in the construction, management, and maintenance of road traffic infrastructure within the scope of management.

(10) Implement international cooperation on road transport (except highways) according to the decentralization and authorization of the Minister.

(11) Research and apply scientific advances and technology transfer, develop and deploy information technology application programs and projects, and deploy digital transformation in the field of road transportation (except highways); Build and manage databases; ensure information services to serve specialized state management.

(12) Carry out specialized inspection tasks, receive citizens, resolve complaints and denunciations, prevent and combat corruption, and sanction administrative violations according to the provisions of law.

(13) Develop and implement an administrative reform program, applying information technology in the operations of the Department for Roads of Viet Nam according to the objectives and content of the administrative reform program of the State and the Ministry of Transport.

(14) Manage the organizational structure, civil servants, public employees, and workers according to the provisions of law and decentralization of the Minister; implement regimes, policies, emulation, rewards, discipline, training, and professional development for civil servants, public employees, and workers according to the provisions of law and decentralization of the Minister.

(15) Manage finances, assets, and other assigned resources according to the provisions of the law and the decentralization of the Minister.

(16) Perform other tasks and powers assigned by the Minister and according to the provisions of law.

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