Laws of Vietnam

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

DECIDES:

Article 1.- To promulgate together with this Decision the Charter on organization and operation of the Vietnam Register under the Ministry of Communications and Transport.

Article 2.- The director of the Vietnam Register shall have to coordinate with the ministries and branches, the People’s Committees of the provinces and centrally-run cities and the concerned bodies in implementing this Charter, in order to ensure the register service’s specialized management effectiveness throughout the country.

Article 3.- This Decision takes effect 15 days after its signing for promulgation. The previous stipulations which are contrary to this Charter are now annulled.

Article 4.- The director of the Communications and Transport Ministry’s Office, the director of the Vietnam Register, the heads of its Departments and the directors of the provincial/municipal Communications and Transport Services (or Communications and Public Work Services) and the heads of the units under the Ministry shall have to implement this Decision.

Minister of Communications and Transport
LE NGOC HOAN

Chapter I

GENERAL PROVISIONS

Article 1.- The Vietnam Register under the Communications and Transport Ministry, established under the Government Council’s Decision No.267/CP of July 19, 1979, has the tasks, powers and organizational structure defined in the Prime Minister’s Decision No.75/TTg of February 3, 1997 and other relevant documents, and is a State management body specialized in the registration and inspection of technical safety and the certification of quality of maritime, land-road, railway and inland waterway communications and transport means and equipment, offshore derricks and projects, floating structures and facilities, and other equipment related to communications and transport safety, in order to ensure safety for human lives and properties and protect the environment. Such activities are hereinafter collectively referred to as registration activities.

Its international transaction name in English: VIETNAM REGISTER

Abbreviation: VR

Article 2.- The Vietnam Register has the legal person status, its own seal and is entitled to open bank accounts and is headquartered in Hanoi city.

Chapter II

TASKS AND POWERS OF THE VIETNAM REGISTER

Article 3.- In the legal domain

1. To elaborate and take part in the elaboration of bills, sub-law documents, mechanisms and policies related to registration activities for submission thereof to the Communications and Transport Minister or competent authorities for promulgation.

2. To take part in the drafting and negotiation of international agreements on registration activities for submission to the competent authorities for signing; to propose to the Communications and Transport Minister the acceding to or signing of new international agreements on registration activities or amendment, prolongation or cancellation of those which Vietnam has signed or acceded to.

3. To organize and inspect the implementation of the State’s legal documents and international agreements related to activities of registration and inspection of the quality and technical safety of communications and transport means and equipment of all kinds, offshore petroleum projects and prevention of environmental pollution caused by communications and transport means and equipment or offshore petroleum projects.

4. To take part in and put forward measures for settlement of disputes related to registration activities or to settle them by itself according to its competence.

5. To organize the dissemination, popularization and education of the legislation on registration activities to organizations, individuals and the entire society.

Article 4.- In the domain of planning, plans and development investment

1. To work out the strategy, long-term, five-year and annual planning and plans on development of registration activities throughout the country, then submit them to the Communications and Transport Minister for ratification.

2. To exercise the uniform management in the field of capital construction investment over the units under the Register according to the State’s current regulations and responsibility delegation by the Communications and Transport Minister.

3. To work out plans for financial revenues and expenditures, procurement of assets, equipment and facilities, investment in building of material and technical foundations, scientific research and personnel training, then submit them to the competent authorities for approval, and organize the implementation of the approved plans.

Article 5.- In the scientific and technological domain and the elaboration of technical rules and standards

1. To organize the research into scientific subjects and application of scientific and technological advances related to registration activities.

2. To elaborate and take part in the elaboration or revision and/or supplementation of technical rules and standards related to the technical safety, environmental protection and certification of quality of communications and transport means and equipment, fishing ships, offshore petroleum works, floating structures and equipment related to the communications and transport safety, then submit them to the Communications and Transport Minister or the competent authorities for promulgation.

3. To elaborate and promulgate forms, tables, certificates and guidance on the application of technical rules and standards as well as international agreements concerning registration activities which Vietnam has signed or acceded to.

4. To cooperate with register organizations and scientific bodies at home and abroad in carrying out programs for scientific research and application of new technologies to registration activities.

5. To organize the scientific and technological information on register activities.

6. To join branch-level science, technology and environment councils.

Article 6.- In the domain of registering maritime and inland waterway communications and transport means and equipment and offshore petroleum projects

1. To expertise technical designs for building, manufacture, modification and/or repair of sea-going ships, inland waterway means, offshore petroleum works, floating structures and related systems and equipment.

2. To inspect and grant certificates of technical safety and environmental protection to sea-going ships, inland waterway means, offshore petroleum works, floating structures and the related systems and equipment, which are newly built, manufactured, repaired or in operation, on the basis of the Vietnamese technical standards and rules and the foreign standards.

3. To inspect and grant certificates of technical safety and environmental protection to sea-going ships, offshore petroleum projects, floating structures and the related systems and equipment according to the provisions of the International Convention on Safety of Lives at Sea (SOLAS 74/78), the International Convention on Prevention of Marine Pollution Caused by Sea-Going Ships (MARPOL 73/78), the International Convention on Load Lines of Sea-Going Ships (LOADLINES 66), the International Convention on Tonnage of Sea-Going Ships (TONNAGE 69), the International Collision Prevention Regulations (COLREG 72) and other international agreements concerning registration activities which Vietnam has signed or acceded to. To authorize the foreign registers to carry out the inspection and grant certificates of technical safety and environmental protection to sea-going ships and offshore petroleum works according to the above-said international conventions when so requested by the means owners.

4. To inspect and grant certificates of technical safety to foreign sea-going ships under the authorization of the governments of the countries whose flags are hoisted on such ships or by foreign registers or of orders of the Vietnamese competent State bodies, or when so requested by ship-owners.

5. To propose the Communications and Transport Minister to permit or not to permit foreign sea-going ship registers to carry out activities of registering sea-going ships in Vietnam.

6. To take part in the technical examination of accidents caused by offshore petroleum equipment, facilities and works.

7. To perform the function of State management over activities of registering fishery means according to the provisions of the Government’s Decree No. 72/1998/ND-CP of September 15, 1998 on ensuring safety for fishermen and fishery means operating on the sea and the joint implementation guidance by the Communications and Transport Ministry and the Aquatic Resources Ministry.

Article 7.- In the domain of registering land-road and railway communications and transport means and equipment

1. To expertise technical designs related to the manufacture, assembly and/or modification of land-road motorized means, construction and special-use equipment and related systems and equipment.

2. To inspect and grant certificates of quality, technical safety and environmental protection to land-road motorized communication means, construction and special-use equipment and the related systems and equipment which are manufactured, assembled, modified, exported and/or imported according to the regulations of the Communications and Transport Ministry.

3. To periodically inspect and grant certificates of technical safety and environmental protection to land-road motorized communication means, construction and special-use equipment, which are in operation, according to the regulations of the Communications and Transport Ministry.

4. To perform the function of State management over the railway registering activities according to the Communications and Transport Ministry’s regulations.

5. To periodically inspect and grant certificates of precision to measuring -checking devices used in the operation concerning technical safety and environmental protection of land-road motorized means.

Article 8.- In the domain of technical inspection of equipment subject to the strict requirements on use safety in communications and transport

1. To inspect and grant certificates of technical safety to loading and unloading equipment, forklifts and elevators, which are manufactured, assembled or repaired and in use in the field of communications and transport.

2. To inspect and grant certificates of technical safety to boilers and pressure resistant equipment in the fields of transport, mechanical engineering production, construction of communications and transport works.

Article 9.- In the domain of technical inspection of communications and transport industrial products

1. To inspect and grant certificates of quality to construction and installation materials and components, home-made and imported machinery, facilities and equipment for special use in the communications and transport service, for use in the building, manufacture and repair of land-road, railway, sea-going, inland waterway communications means and equipment, offshore petroleum works, equipment for environmental protection in communications and transport.

2. To inspect and grant certificates or written recognition of manufacturing establishments, laboratories, testing stations in service of inspection of industrial products turned out by production establishments and related to the quality and safety under the Vietnam Register’s management.

3. To inspect and grant certificates of safety to containers of all kinds used in goods transport.

Article 10.- In the domain of evaluating and granting certificates to quality and safety control systems

1. To evaluate and grant certificates of standard conformity to the quality control and environmental protection systems of enterprises according to the relevant Vietnamese or international standards of quality control (ISO 9000) and environmental management (ISO 14000).

2. To evaluate and grant certificates of standard conformity to the safety control systems of enterprises and means subject to the technical inspection by the Vietnam Register according to the relevant Vietnamese law provisions or international regulations (ISM Code) which Vietnam has acceded to.

Article 11.- In the domain of scientific and technical consultancy and services

The Vietnam Register may organize the provision of scientific and technical services and/or consultancy services according to its capability and market demands, after obtaining permission from the Communications and Transport Ministry or competent authorities.

Article 12.- In the economic and financial domains

1. To direct its attached units to strictly implement and observe the financial, accounting and statistical policies and regimes prescribed by the State and the Communications and Transport Ministry.

2. To organize the accounting apparatus of the Register and its attached units and direct them to implement the provisions of the financial management regime applicable to the registration activities; to propose amendments and supplements to the financial and accounting policies and regimes to make them compatible with the branch particularities.

3. To guide its attached units to work out financial revenue and expenditure plans, then synthesize and submit them to the Communications and Transport Minister for approval. To assign financial revenue and expenditure plans to its attached units and inspect the implementation thereof according to the regulations of the State and the Communications and Transport Ministry and its responsibility assignment.

4. To formulate brackets of prices, fees and charges related to the registration activities, then submit them to the competent bodies for promulgation.

5. To assume the prime responsibility for or coordinate with the functional bodies in organizing the examination and approval of annual financial reports of its attached units; to make and submit the entire branch’s general report on final settlement to the Communications and Transport Ministry.

6. To organize the implementation of relevant regulations on capital investment management when it is assigned by the Government or the Communications and Transport Ministry to act as the investor of development projects related to the field of registration activities.

7. To manage the material foundation, assets and operation funds assigned or allocated to it according to the regulations and responsibility delegation by the Communications and Transport Ministry.

8. To observe the prescribed reporting and statistical regimes.

Article 13.- In the domain of international relations

1. To work out plans for international cooperation, negotiations and compilation of documents on cooperation relationship with international and foreign registers in the field of registration activities, then submit them to the Communications and Transport Ministry for approval.

2. To join the international registers after obtaining permission from the competent State management bodies. To be entitled to sign cooperation documents with foreign registers or other foreign organizations related to the registration activities according to the provisions of law.

3. To manage internationally-funded projects for the registration branch according to the responsibility delegation by the Communications and Transport Minister; and at the same time to assist the Communications and Transport Ministry in considering projects of investment cooperation with foreign countries which are related to the registration activities.

Article 14.- In the domain of organization, personnel and labor

1. To work out planning and plans for training, fostering and employment of its contingent of public servants, employees and laborers, then submit them to the Communications and Transport Minister for approval and implementation organization.

2. To elaborate personnel titles and criteria, labor norms and mechanism with particularities of the registration branch, then submit them to the Communications and Transport Minister for promulgation and implementation organization.

3. To organize the inspection and examination of its attached units, and join the competent bodies in inspecting or examining the observance of the provisions of the legislation on labor, insurance and specialized labor protection by the units in the registration branch.

4. To manage the organization and payroll according to the regulations promulgated by the Communications and Transport Minister. To request the Communications and Transport Minister to appoint, dismiss, commend, reward or discipline leading officials directly managed by the Communications and Transport Ministry.

The director of the Vietnam Register shall be entitled to appoint, dismiss, commend, reward or discipline officials of other positions under its direct management according to the responsibility delegation by the Communications and Transport Minister.

5. To organize the training and appointment of register officers, researchers and evaluators of the specialized registration branch according to the responsibility delegation by the Communications and Transport Minister.

6. To direct and join competent authorities in performing the internal political security work at its attached units.

7. To set up, reorganize or dissolve its professional sections and divisions and attached organizations according to the responsibility delegation by the Communications and Transport Minister.

Article 15.- In the domain of State inspection

1. To perform the tasks of inspecting and/or examining the registration activities subject to its State management according to the provisions of law.

2. To settle complaints and denunciations according to the Ordinance on Complaints and Denunciations and the Regulation on operation of the Inspectorate of the Communications and Transport Ministry.

3. To synthesize inspection activities and the work of settling complaints and denunciations performed by the units under its management, then report them to the Communications and Transport Minister.

Chapter III

THE ORGANIZATION OF THE VIETNAM REGISTER

Article 16.- The organization of the Vietnam Register

1. The organizational structure of the Register consists of:

a/ The bodies assisting the director, including: the office, sections, divisions and equivalent units.

b/ The sub-departments, branches, register stations, centers.

2. The setting up, reorganization and/or dissolution of sub-departments, branches, register stations and the director’s assisting bodies shall be effected according to the responsibility delegation by the Communications and Transport Minister.

3. The director is the person who heads and leads the Register according to the one-chief regime. The vice directors who assist the director shall perform specific tasks assigned by the director. When the director is absent, one vice director shall be authorized to represent him/her.

The director of the Vietnam Register shall be appointed and dismissed by the Communications and Transport Minister.

The vice directors of the Vietnam Register shall be appointed and dismissed by the Communications and Transport Minister at the proposal of the Vietnam Register’s director.

Chapter IV

RELATIONSHIP BETWEEN THE VIETNAM REGISTER AND THE CONCERNED STATE BODIES AND BODIES ASSISTING THE COMMUNICATIONS AND TRANSPORT MINISTER

Article 17.- The Vietnam Register shall submit to the direct leadership of the Communications and Transport Minister and be subject to the State management by the ministries, ministerial-level bodies and bodies attached to the Government in the relevant fields.

Article 18.- Under the authorization of the Communications and Transport Minister, the Vietnam Register may directly contact the ministries, ministerial-level bodies, bodies attached to the Government and the People’s Committees of the provinces and centrally-run cities to settle problems related to the registration activities.

1. The Vietnam Register shall submit to the instruction and inspection of managerial profession by the bodies that advise and assist the Communications and Transport Minister.

2. The Vietnam Register has coordinative relationship with the specialized State management bodies under the Communications and Transport Ministry and other relevant bodies in inspecting the registration activities.

3. The Vietnam Register shall coordinate with the provincial/municipal Communications and Transport Services (Communications and Public Work Services) in organizing the management of registration activities in their respective localities; direct and inspect the performance of the function of State management over the registration work in localities according to its competence.

Minister of Communications and Transport
LE NGOC HOAN