Nghị định 64/2016/NĐ-CP sửa quy định bảo vệ kết cấu hạ tầng giao thông

THE GOVERNMENT

Decree No.64/2016/ND-CPdated July 01, 2016 of the Government on amending a number of Articles of the Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government providing for management and protection of road infrastructure facilities

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Law onRoad Traffic dated November 13, 2008;

At the request of Minister of Transport;

The Government promulgates a Decree to provide foramendments to certain articles of the Government’s Decree No. 11/2010/ND-CP dated February 24, 2010 providing for management and protection of road infrastructure facilities;

Article 1. To amend a number of articlesof the Government’s Decree No. 11/2010/ND-CP dated February 24, 2010 providing for management and protection of road infrastructure facilities

1.To amend Article 12 as follows:

“Article 12. Conditions for running traffic safety investigation service

1.Individuals participating in the traffic safety investigation (hereinafter referred to as investigators) must have traffic safety investigator’s certificates which are issued byDirectorate for Roads of Vietnamand still valid.

2.Other than conditions prescribed in Clause 1 of this Article, an individual who acts as a traffic safety chief investigator must meet one of the following conditions:

a) Haveacted asaproject chief designer for at least03 road works;

b) Possess abachelor sdegreeor higher level in road works, and have at least 07 years of experience in designing road works;

c)Possess abachelor sdegreeor higher level in road works or road transportation and have at least 10 years of experience in traffic management, road transportation, road construction or road maintenance, which includes working experience in handling traffic safety matter for at least 03 road works.

3.A contractor providing consultancy on traffic safety investigation must satisfy the following conditions:

a) With regard to national key projects, group-A and group-B projects, at least 10 investigators are contracted, among which, at least 03 road/highway engineers, 01 road transport engineer and 01 person eligible to act as the traffic safety chief investigator must be available;

b) With regard to group-Cprojectsand road works in operation, at least05investigators are contracted, among which, at least 01road/highway engineer, 01 road transport engineer and 01 person eligible to act as the traffic safety chief investigator must be available.”

2.To supplement Article12a,Article12b,Article12c,Article12d,Article12dd,Article12e vàArticle12gto Article 12. To be specific:

“ Article 12a. Conditions to be satisfied by traffic safety investigator training establishments 

1.Must be established under the law.

2.Facilities

a) Ensure classrooms have scale and facilities in consistent with the number of trainees; minimum area of a classroom is 1.5m2/seat;  

b) Facilities and equipment correspond to teaching and learning requirements.

3.Personnel

a) At least 40% of seminars of the curricula of training courses in traffic safety investigator are undertaken byfull-time lecturers;

b) Lecturers’ standards are specified in Clause 1 Article 12c of this Decree.

4.Teaching materials

a)Teaching materials must be printed in paper and made into books, enclosed with the set of testing questions of the traffic safety investigator training program;

b)Contents of teaching materials must bein conformity with Ministry of Transport’s regulationsonthecurricula of training courses intraffic safety investigator.

5.Training management

a) Managerial apparatus must meet professional and operational requirements in order to organize training courses and retain trainees’ records and documents relating to training courses in traffic safety investigator;

b) The course manager must have at least 05 years of experience in organizing training/improvement courses in professional knowledge and skills in transport field.

6.A traffic safety investigator training establishment must obtain a certificate of approval for traffic safety investigator training operations(hereinafter referred to ascertificate of approval)fromDirectorate for Roads of Vietnam.

Article 12b. Procedures for giving certificates of approval totraffic safety investigator trainingestablishments (hereinafter referred to as training establishments)

1.01 set of application dossiers for certificate of approval is submitted, consisting of:

a) The written request for approval for operations of traffic safety investigator training establishment, using form stated in Annex VI herein;

b) Certificate of business registration or document defining functions and tasks or establishment decision issued by a competent authority in accordance with prevailing law (certified copy or copy accompanied with original for comparison);

c) Declaration about training establishment’s facilities;

d) The list of lecturers and managerial officers, including their qualifications and working experience, enclosed with copies of teaching contracts or labor contracts;

dd) Drafts of training curricular/ teaching materials.

2.If an issued certificate of approval is lost or damaged, the training establishment shall submit an application for re-issuance, consisting of:

a) The written request forre-issuance of certificate ofapproval for operations of traffic safety investigator training establishment, using form stated in Annex VII herein;

b) The damaged certificate of approval.

3.Procedures and formalities for issuance/ re-issuance of certificate of approval:

a) The applicant shall, by hand or by post, submit the application toDirectorate for Roads of Vietnam;

b)Directorate for Roads of Vietnamchecks the received application:

If the application is directly submitted: After having checked the application components, if the application is valid,Directorate for Roads of Vietnamshall receive it; if the application is invalid,Directorate for Roads of Vietnamshall give direct instructions to the applicant to complete the application;

If the application is submitted by post: If the application is invalid as regulated, a written instruction for completing the application shall be given to the applicant within 02 working days from the receipt of the application.

c)Directorate for Roads of Vietnamshall appraise the application and issue or re-issue acertificate of approvalif all conditions are satisfied.  If the application is rejected, reasons shall be specified in writing and granted to the applicant.

4.An application for issuance of certificate of approval must be processed within 10 working days from the date on which the valid application is received as regulated by law.An application forre-issuance ofcertificate of approval must be processed within 07 working days from the date on which the valid application is received as regulated by law.Certificate of approval shall follow the formstated in Annex I herein.

5.The list oftraffic safety investigator training establishments shall be published on the portals ofMinistry of Transportand/orDirectorate for Roads of Vietnam.

Article 12c. Conditions to be satisfied bylecturers and trainees of atraffic safety investigator training course

1.Lecturers of atraffic safety investigatortraining course must meet one of the following conditions:

a) Be qualified to act as atraffic safety chief investigator;  

b) Possess a bachelor’s degree or higher in road traffic and have at least 10 years of experience in teaching in road traffic safety or executing state management of road traffic safety or drafting legislative documents on road traffic safety.

2.Trainees of a training course must satisfy the following conditions:

a) Are Vietnamese citizens or foreigners licensed to stay or work/study in Vietnam;

b) Must becapable of civil actsand fit for study;

c) Possess bachelor s degreesor higher level in road worksand haveat least 03 years of experience indesigningroad works; or possessbachelor s degreesor higher leveland haveat least 05years of experience in traffic management, road transportation, road construction or road maintenance.

Article 12d.Issuance oftraffic safety investigator’s certificate 

1.Traffic safety investigator’s certificates (hereinafter referred to as certificates) shall be issued byDirectorate for Roads of Vietnamand consistently managed in the whole country, using the form stated in Annex II herein.  Each certificate shall be valid within 05 years from the issued date, except for re-issued certificates.

2.The training establishment shall make01 set of application dossiers forcertificate issuance, consisting of:

a) The written request for certificate issuance, using the form stated in Annex III herein;

b) Decision on recognition of testing results of trainees of a training course;

c) 02 color ID-style photos (4cm x 6 cm), blue background, taken within the 6 past months, of each qualified trainee.

3. Procedures and formilities forcertificateissuance:

a) Thetraining establishment in demandshall, by hand or by post, submit the application to Directorate for Roads of Vietnam;

b) Directorate for Roads of Vietnam checks the received application:

If the application is directly submitted: After having checked the application components, if the application is validas regulated, Directorate for Roads of Vietnam shall receive it; if the application is invalid, Directorate for Roads of Vietnam shall give direct instructions to thetraining establishmentto complete the application;

If the application is submitted by post: If the application is invalid as regulated, a written instruction for completing the application shall be given to thetraining establishmentwithin 02 working days from the receipt of the application.

c) Directorate for Roads of Vietnam shall appraise the application and issue certificateto each qualified trainee whose name is included in the written request of the training establishment if all required conditions are satisfied.  If the application is rejected, reasons shall be specified in writing and granted to thetraining establishment.

4. An application for certificateissuancemust be processed within 15 working days from the date on which the valid application is received as regulated by law.

5. The list of traffic safety investigators who have certificates issuedshall be published on the portals of Ministry of Transport and/or Directorate for Roads of Vietnam.

Article 12dd.Renewalof traffic safety investigator’s certificate  

1.Conditions for renewal of traffic safety investigator s certificate:

a) During the effect of the traffic safety investigator s certificate, the traffic safety investigator must participate in traffic safety investigation or assessment activities, or participate in design or appraisal of approval for handling accident-prone locations for at least 03 road works;

b) The renewal of traffic safety investigator s certificate must be carried out within 01 – 03 months before that certificate expires.

2. Theapplicant shall submit01 set of application dossiers forrenewal of traffic safety investigator s certificate, consisting of:

a) The written request forrenewal of traffic safety investigator s certificate, using the form stated in Annex IVherein;

b)Declaration of experience intraffic safety investigation or assessment, ordesign or appraisal of approval for handling accident-prone locationsduring the effect of the traffic safety investigator s certificate, using form stated in Annex V herein.

3. Procedures and formilities forrenewal of atraffic safety investigator s certificate

a) The applicant shall, by hand or by post, submit the applicationfor renewal oftraffic safety investigator s certificate to Directorate for Roads of Vietnam;

b) Directorate for Roads of Vietnam checks the received application:

If the application is directly submitted: After having checked the application components, Directorate for Roads of Vietnam shall receivethe valid application; if the application is invalid, Directorate for Roads of Vietnam shall give direct instructions to theapplicantto complete the application;

If the application is submitted by post: If the application is invalid as regulated, a written instruction for completing the application shall be given to theapplicantwithin 02 working days from the receipt of the application.

c)Directorate for Roads of Vietnamshall appraise the application and renew thetraffic safety investigator s certificateif all conditions are satisfied.If the application is rejected, reasons shall be specified in writing and granted to theapplicant.

4. An application forrenewal of atraffic safety investigator s certificate must be processed within 10 working days from the date on which the valid application is received as regulated by law.

5.A renewedtraffic safety investigator s certificateshall be valid within 05 years from the renewed date.

Article 12e. Re-issuanceof traffic safety investigator’s certificate  

1.During the effect of atraffic safety investigator s certificate, thetraffic safety investigatormay apply for re-issuance oftraffic safety investigator s certificateif it is lost or damaged, except for the cases where thetraffic safety investigator s certificateis revoked as referred to in Clause 2 Article 12g.

2. The applicant shall submit 01 set of application dossiers for re-issuanceof traffic safety investigator s certificate, consisting of:

a) The written request for re-issuanceof traffic safety investigator s certificate, using the form stated in Annex IV herein;

b) The damaged traffic safety investigator s certificate.

3. Procedures and formilities for re-issuanceof a traffic safety investigator s certificate:

a) The applicant shall, by hand or by post, submit the application for re-issuanceof traffic safety investigator s certificate to Directorate for Roads of Vietnam;

b) Directorate for Roads of Vietnam checks the received application:

If the application is directly submitted: After having checked the application components, Directorate for Roads of Vietnam shall receive the valid application; if the application is invalid, Directorate for Roads of Vietnam shall give direct instructions to the applicant to complete the application;

If the application is submitted by post: If the application is invalid as regulated, a written instruction for completing the application shall be given to the applicant within 02 working days from the receipt of the application.

c) Directorate for Roads of Vietnam shall appraise the application and re-issuethe traffic safety investigator s certificate if all conditions are satisfied. If the application is rejected, reasons shall be specified in writing and granted to theapplicant.

4. An application for re-issuanceof traffic safety investigator s certificate must be processed within 05 working days from the date on which the valid application is received as regulated by law.

5.The re-issuedtraffic safety investigator s certificateshall have the same validity as the previously issued certificate.

Article 12g. Revocation of certificate of approval, and revocationof traffic safety investigator’s certificate

1.Acertificate of approvalshall be revoked in the following cases:

a)The training establishment conductstraffic safety investigatortraining courses inconsistently with the training curricula adopted byMinistry of Transport; or

b) The training establishment recognizes testing results of a person who does not attend thetraffic safety investigatortraining course; or

c) Within 03 years from the issuance of a certificate of approval, the training establishment fails to organizetraffic safety investigatortraining courses.

2. A traffic safety investigator s certificate shall be revoked in the following cases:

a) Contents in thetraffic safety investigator s certificateare erased or altered; or

b) Thetraffic safety investigator s certificateis lent or leased to use for illegal purposes; or

c) The trainee’s application for enrollment is falsified; or

d) Atraffic safety investigator s certificateis issued in the case where the training establishment violates regulations in point a and point b clause 1 of this Article.

3.The authority competent to issue certificate of approval/traffic safety investigator s certificateshall revoke that certificate of approval/traffic safety investigator s certificate.

Decision on the revocation of certificate of approval shall be sent to the training establishment and its governing agency (if any) and shall be published on the portal of the authority issuing that certificate of approval.

Decision on the revocation of traffic safety investigator s certificate shall be sent toindividual who has thetraffic safety investigator s certificaterevoked, the managingagencyof that individual(if any)andthe training establishment,and shall be published on the portal of the authority issuing that traffic safety investigator s certificate.

4.Any violations should be promptly reported.”.

Article 2. Transitional clause

1. Traffic safety investigatortraining establishments that have certificates of approval granted by competent authorities before the effective date of this Decree shall continue their operations in terms of providingtraffic safety investigatortraining courses under the effect specified in issued certificates of approval. When the issued certificate of approval expires, the training establishment must improve its existing conditions and carry out procedures for issuance of certificate of approval for operations of trafficsafety investigatortraining establishment as referred to in this Decree.

2. Traffic safety investigator’s certificates which are issued by competentauthorities before the effective date of this Decree shallremain their effect upon the effect specified in those issued certificates, and shall be renewed/ re-issued as referred to in this Decree.

3.Annex I, AnnexII,AnnexIII,AnnexIV,AnnexV,AnnexVIand AnnexVIIenclosed to this Decree shall be supplemented to the Government’s Decree No.11/2010/ND-CPdated February 24, 2010.

Article 3. Effect and implementation

1.This Decree shall take effect on July 01, 2016.

2.Ministers, heads of ministerial-level agencies, heads of the Government s affiliates, Chairpersons of people s committees ofcentral-affiliated citiesor provinces and relevant entities shall be responsible for implementing this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc