DECREE

ON AMENDMENTS TO A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 64/2016/ND-CP DATED JULY 01, 2016 AMENDING A NUMBER OF ARTICLES OF THE DECREE NO. 11/2010/ND-CP DATED FEBRUARY 24, 2010 PROVIDING FOR MANAGEMENT AND PROTECTION OF ROAD INFRASTRUCTURE FACILITIES

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

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

Pursuant to the Law on Road Traffic dated November 13, 2008;

At the request of the Minister of Transport;

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

Article 1. Amendments to a number of Articles of the Government’s Decree No. 64/2016/ND-CP dated July 01, 2016 amending a number of Articles of the Decree No. 11/2010/ND-CP dated February 24, 2010 providing for management and protection of road infrastructure facilities

1. Amendments to Clause 1 of Article 1

Clause 3 of Article 12 is amended as follows:

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

a) With regard to national important projects and Group A and Group B projects, at least 10 investigators must be contracted, among which, at least 04 persons are road/highway engineers, 01 person is a road transport engineer and at least 01 person is eligible to act as the traffic safety chief investigator;

b) With regard to Group C projects and road works in operation, at least 05 investigators must be contracted, among which, at least 01 person is a road/highway engineer, 01 person is a road transport engineer and at least 01 person is eligible to act as the traffic safety chief investigator.”.

2. Amendments to Clause 2 of Article 1

a) Article 12a is amended as follows:

 “Article 12a. Requirements for road traffic safety investigator training establishments

1. Road traffic safety investigator training establishments must be established under the law.

2. Facilities

a) Each seat in a classroom shall have an area of at least 1.5 m2. All classrooms shall be equipped with sound and audiovisual equipment systems including projector screens, projectors, computers, audio amplifiers, and microphones and loudspeakers;

b) Regarding equipment for on-site teaching and learning, at least 50 reflective jackets and 01 device for measurement of retroreflectivity of traffic signs or traffic paints must be provided.

3. Lecturers

a) Full-time lecturers shall teach at least 40% of the lessons of the framework program;

b) Lecturer’s standards are stipulated in Clause 1 of Article 12c herein.”.

b) Clause 1 of Article 12b is amended as follows:

“1. Application for approval of training establishment shall be made into 01 copy, including:

a) Request for approval of road traffic safety investigator training establishment in compliance with the specimen in Annex VI herein;

b) Enterprise registration certificate or documents stipulating the establishment’s functions and duties or establishment decision issued by competent authorities in accordance with the law (certified true copy or copy accompanied by authentic copy for comparison);

c) Declaration of facilities;

d) List of lecturers, including lecturer’s professional qualifications and working experience.”.

c) Point b of Clause 1 of Article 12c is amended as follows:

“b) Possess at least a bachelor’s degree in road traffic and have at least 10 years’ experience of teaching road traffic safety or state management of road traffic safety.”.

d) Point c of Clause 1 of Article 12g is amended as follows:

“c) The training establishment fails to run traffic safety investigator training courses for 3 consecutive years.”.

dd) Article 12h is added after Article 12g as follows:

 “Article 12h. Responsibilities of traffic safety investigator training establishments

Traffic safety investigator training establishments shall be responsible for:

1. Providing road traffic safety investigator training courses according to the framework training program promulgated by the Ministry of Transport.

2. Retaining dossiers of learners and documents relating to road traffic safety investigator training according to regulations on document retention.

3. Appointing course managers who are experienced in organizing training courses/refresher courses or in training transport-related professional operations.”.

Article 2. Transitional regulations

Road traffic safety investigator training establishments whose certificates of approval were granted by competent authorities before the effective date of this Decree may continue providing road traffic safety investigator training courses. In case a certificate of approval granted before July 01, 2016 expires and its holder would like to continue providing road traffic safety investigator training courses, it must satisfy all conditions and applied for the certificate of approval for operations of traffic safety investigator training establishment as prescribed in the Decree No. 64/2016/ND-CP dated July 01, 2016 and this Decree.

Article 3. Effect and implementation responsibility

1. This Decree takes effect from the date on which it is signed.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall be responsible for the implementation of this Decree./.

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