DECREE

ON AMENDMENTS TO A\r\nNUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 64/2016/ND-CP DATED JULY 01,\r\n2016 AMENDING A NUMBER OF ARTICLES OF THE DECREE NO. 11/2010/ND-CP DATED\r\nFEBRUARY 24, 2010 PROVIDING FOR MANAGEMENT AND PROTECTION OF ROAD\r\nINFRASTRUCTURE FACILITIES

Pursuant to the Law on Government Organization\r\ndated June 19, 2015;

Pursuant to the Law on Investment dated November\r\n26, 2014;

Pursuant to the Law on Road Traffic dated\r\nNovember 13, 2008;

At the request of the Minister of Transport;

The Government promulgates the Decree on\r\namendments to a number of Articles of the Government’s Decree No. 64/2016/ND-CP\r\ndated July 01, 2016 amending a number of Articles of the Decree No.\r\n11/2010/ND-CP dated February 24, 2010 providing for management and protection\r\nof road infrastructure facilities.

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

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Clause 3 of Article 12 is amended as follows:

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

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

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

2. Amendments to Clause 2 of Article 1

a) Article 12a is amended as follows:

 “Article 12a. Requirements for road\r\ntraffic safety investigator training establishments

1. Road traffic safety investigator training\r\nestablishments must be established under the law.

2. Facilities

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

3. Lecturers

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

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

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

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

a) Request for approval of road traffic safety\r\ninvestigator training establishment in compliance with the specimen in Annex VI\r\nherein;

b) Enterprise registration certificate or documents\r\nstipulating the establishment’s functions and duties or establishment decision\r\nissued by competent authorities in accordance with the law (certified true copy\r\nor copy accompanied by authentic copy for comparison);

c) Declaration of facilities;

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c) Point b of Clause 1 of Article 12c is amended as\r\nfollows:

“b) Possess at least a bachelor’s degree in road\r\ntraffic and have at least 10 years’ experience of teaching road traffic safety\r\nor state management of road traffic safety.”.

d) Point c of Clause 1 of Article 12g is amended as\r\nfollows:

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

dd) Article 12h is added after Article 12g as\r\nfollows:

 “Article 12h. Responsibilities of traffic\r\nsafety investigator training establishments

Traffic safety investigator training establishments\r\nshall be responsible for:

1. Providing road traffic safety investigator\r\ntraining courses according to the framework training program promulgated by the\r\nMinistry of Transport.

2. Retaining dossiers of learners and documents\r\nrelating to road traffic safety investigator training according to regulations\r\non document retention.

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Article 2. Transitional regulations

Road traffic safety investigator training\r\nestablishments whose certificates of approval were granted by competent\r\nauthorities before the effective date of this Decree may continue providing\r\nroad traffic safety investigator training courses. In case a certificate of\r\napproval granted before July 01, 2016 expires and its holder would like to\r\ncontinue providing road traffic safety investigator training courses, it must\r\nsatisfy all conditions and applied for the certificate of approval for\r\noperations of traffic safety investigator training establishment as prescribed\r\nin 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\r\nit is signed.

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

PP. THE\r\n GOVERNMENT
\r\n THE PRIME MINISTER
\r\n
\r\n
\r\n
\r\n
\r\n Nguyen Xuan Phuc