Duties and powers of the Viet Nam Expressway Authority

 Duties and powers of the Viet Nam Expressway Authority (Internet image)

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

1. Does the Viet Nam Expressway Authority have legal status?

- Vietnam Highway Administration is an organization under the Ministry of Transport that performs the function of advising and assisting the Minister of Transport in state management and law enforcement on investment, construction, and exploitation of the expressway system nationwide according to the provisions of law.

- Viet Nam Expressway Authority has legal status, a seal, and a separate account at the State Treasury, headquartered in Hanoi.

- Vietnam Expressway Authority has a transaction name in English: Viet Nam Expressway Authority (abbreviated as VNEA).

(Article 1 of Decision 1245/QD-BGTVT 2022)

2. Duties and powers of the Viet Nam Expressway Authority

The tasks and powers of the Viet Nam Expressway Authority are specified in Article 1 of Decision 1245/QD-BGTVT 2022, including:

- Regarding the development of legal documents, strategies, planning and plans:

+ Developed for the Minister of Transport (hereinafter abbreviated as Minister) to submit to competent authorities for promulgation or promulgate according to its authority, legal documents, mechanisms, and policies on investment, construction, resource mobilization, and exploitation of the expressway system;

+ Develop strategies, medium-term and annual plans, programs, and projects for highway development nationwide;

+ Coordinate with the Vietnam Road Administration in developing legal documents, planning, mechanisms, policies, and other documents on road transport.

- Develop national standards, national technical regulations, and economic-technical norms for expressways and submit them to the Minister for promulgation according to authority or request a competent authority to appraise and announce; organize the construction and announcement of expressway facility standards.

- Organize and inspect the implementation of legal documents, standards, national technical regulations, mechanisms, policies, strategies, planning, plans, projects, and other documents related to expressways; synthesize the situation of highway development throughout the country.

- Organize propaganda and dissemination of laws on highway traffic; organize the investigation of occupational accidents occurring on vehicles circulating on highways according to the provisions of law.

- Regarding construction investment management:

+ Implement investment decision authority and tasks of investors for expressway construction investment projects according to the assignment, decentralization, and authorization of the Minister;

+ Carry out the tasks of specialized agencies under the Ministry of Transport and tasks of specialized agencies on the construction of expressway investment projects nationwide according to the assignment, decentralization, and authorization of the Minister;

+ Carry out the tasks of the competent authority and the tasks of the contracting agency for expressway projects in which the Ministry of Transport is the competent investment agency according to the public-private partnership (PPP) method or socialization according to the assignment, decentralization, and authorization of the Minister;

+ Coordinate with the Department of Planning and Investment in appraisal so that the Minister can submit to competent authorities for approval or approve, according to authority, the investment policy or adjust the investment policy of expressway projects.

- Operate a number of expressway routes according to decentralization and authorization:

+ Organize and implement the exploitation of infrastructure assets for expressway projects invested with state budget capital by the following methods: Transfer of the right to collect fees to use infrastructure assets; lease of the right to exploit infrastructure assets; transfer for a limited time of the right to exploit infrastructure assets and other methods as prescribed by law;

+ Monitor, urge, inspect, and supervise the implementation of contracts for expressway projects invested in the PPP or socialization mode; Hand over the project to the Vietnam Road Administration for management and maintenance at the end of the contract according to regulations;

+ Coordinate with the Vietnam Road Administration in issuing circulation permits for oversized vehicles, overweight vehicles, crawler vehicles, and vehicles transporting oversized and overweight goods;

+ Organize the prevention, response, and response to natural disasters and coordinate search and rescue; Coordinate the implementation of fire prevention and fighting, troubleshooting, and traffic accidents according to the provisions of the law while performing the management responsibilities assigned at Points a and b of this Clause;

+ Carry out the tasks of the asset management agency and the agency signing asset exploitation contracts for assigned expressway traffic infrastructure assets according to the provisions of law;

+ Carry out the tasks of investment decision agencies, exploitation contract signing agencies, and specialized agencies under the Ministry of Transport for business and service projects, highway exploitation, and highway socialization projects.

- Guide and inspect assigned localities as managing agencies, competent agencies, and investors during the investment and construction process of expressway projects according to regulations; advise the Ministry of Transport to carry out tasks assigned by competent authorities for expressway construction investment projects decentralized to localities.

- Regarding environmental protection in highway road transport:

+ Organize the preparation and submission to competent authorities for appraisal and approval of strategic environmental assessment, environmental impact assessment, and environmental permits for planning, programs, and investment projects on highway construction according to the provisions of law;

+ Organize the implementation of programs, projects, schemes, planning, and plans on environmental protection in investment in highway construction within the scope of management.

- Implement international cooperation in highway traffic according to decentralization and authorization.

- Research and apply scientific advances and technology transfer; build and deploy information technology application programs and projects; deploy digital transformation; build and manage databases; ensure information services serve state management of highways.

- Develop and implement an administrative reform program, applying information technology in the operations of the Vietnam Highway Administration according to the objectives and content of the administrative reform program of the State and the Ministry of Transport.

- Receive citizens, resolve complaints and denunciations, and prevent and combat corruption and negativity according to the provisions of the law.

- 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.

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

- Perform other tasks and powers assigned by the Minister and according to the provisions of the law.

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