Thông tư 12/2020/TT-BGTVT

Circular No. 12/2020/TT-BGTVT dated May 29, 2020 on organization and management of auto transport operations and supporting services for road transport

Nội dung toàn văn Circular 12/2020/TT-BGTVT organization and management of auto transport operations


MINISTRY OF TRANSPORT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 12/2020/TT-BGTVT

Hanoi, May 29, 2020

 

CIRCULAR

ORGANIZATION AND MANAGEMENT OF AUTO TRANSPORT OPERATIONS AND SUPPORTING SERVICES FOR ROAD TRANSPORT

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

Pursuant to the Government’s Decree No. 10/2020/ND-CP dated January 17, 2020 auto transport business and conditions for auto transport business;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Transport and the Director of the Directorate for Roads of Vietnam,

The Minister of Transport hereby promulgates a Circular on organization and management of auto transport operations and supporting services for road transport.

Chapter I

GENERAL

Article 1. Scope

This Circular provides for organization and management of auto transport operations and supporting services for road transport.

Article 2. Regulated entities

This Circular applies to relevant organizations and individuals involved in auto transport operations and supporting services for road transport.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. The following terms: transport business; auto transport business; fixed route; fixed-route transport business; fixed-route transport business; fixed-route bus transport business; taxi business; contractual passenger transport business; tourist transport business; shuttle service; design payload; permissible payload; bus station; goods station; rest stop; station departure time of each trip; itinerary; running schedule; running timetable; application software assisting transport connection; directly managing vehicles and drivers are specified in Article 3 of the Government’s Decree No. 10/2020/ND-CP dated January 17, 2020 auto transport business and conditions for auto transport business (hereinafter referred to as “the Decree No. 10/2020/ND-CP”).

2. “passenger pick-up and drop-off point” (including bus stop) means a designated place where automobiles stop for passengers to get on and off the automobiles along fixed routes with a given itinerary.

3. “parking service” means a supporting service for road transport, allowing an organization/individual to provide parking services and collect fees therefor.

4. “road rescue service” means a service rendered to provide assistance for vehicles and property on vehicles involved in accidents or breakdowns.

5. “parking lot” means a work being part of road traffic infrastructure which is designated for parking.

6. “parking location of a transport business” means the site that a transport business owns, rents from, or develops in partnership with another entity or person to meet its parking needs, ensuring order, safety, fire safety and environmental safety requirements are met.

7. “transport agency service” means a supporting service for road transport, authorizing an organization/individual to enter one or more stages during the transport process (other than the stage at which such organization/individual directly manages  a vehicle and its driver to transport passengers or goods; stage of making a decision on transport tariff).

8. “assigning a driver to transport passengers or goods via application software assisting transport connection” means an organization or individual using the application software assisting transport connection to receive the transport request from customers, selecting appropriate a vehicle and driver and providing information about the transport request to the driver.

9. “assigning a driver to transport passengers or goods under a transport contract” means an organization or individual assigning a driver to perform a transport task under a transport contract.

10. “assigning a driver to transport passengers or goods via a transport order” means an organization or individual assigning a driver to perform a transport task via a transport order.

11. “assigning a driver to transport passengers or goods via a transport certificate” means an organization or individual assigning a driver to perform a transport task via a transport certificate.

12. “deciding transport tariff” means a business unit determining the transport tariff to inform a customer or directly negotiating with a customer about the transport tariff prior to undertaking a passenger trip.

13. “person qualified for transport” means a person who obtains at least a certificate of basic training in transport or Level 4 of VQF Diploma in transport.

Chapter II

DETAIL REGULATIONS ON DEVELOPMENT AND IMPLEMENTATION OF TRAFFIC SAFETY PROCEDURES AND TASKS OF DEPARTMENT RESPONSIBLE FOR MANAGING AND SUPERVISING SATISFACTION OF TRAFFIC SAFETY CONDITIONS

Article 4. Detailed regulations on safety traffic procedures

A safety traffic procedure shall be adopted following the steps below:

1. Before assigning a new transport task to drivers, the department in charge of management of satisfaction of traffic safety conditions at an enterprise or cooperative conducting business of passenger transport by auto along fixed routes, by bus, taxi or containers or officials assigned to supervise traffic safety at a contractual passenger transport business or tourist transport business (hereinafter referred to as “traffic safety department (officer)) shall:

a) on a daily basis, aggregate and analyze data on operation of each vehicle during the process of performing the transport task through a vehicle tracking device and other management measures to warn and take actions against violations;

b) receive and resolve drivers’ proposals and feedback about traffic safety;

c) cooperate with other departments to consolidate customers' transport requests, grasp transport routes and other contents related to traffic safety;

d) cooperate with other departments in deploying vehicles and drivers to perform transport tasks in a manner that complies with regulations on drivers’ continuous driving hours, daily working hours and rest hours as prescribed by the Law on Road Traffic; not operate double-decker sleeper buses on level V and level VI mountainous roads.

2. Before performing a transport task, the person directly operating the transport of an enterprise or cooperative (hereinafter referred to as “the transport operator”) or management of a transport business and person managing drivers shall perform the following tasks (in the case of conducting taxi business, perform the tasks specified in the business plan of the business):

a) Inspect the driver’s license; certificate of technical and environmental safety inspection; vehicle registration certificate; transport order in the case of transport of passengers along fixed routes or by bus; transport contract in the case of transport of passenger under a contract or tourist transport; and other documents upon request.

b) notify drivers in person or via software of the transport business of customers’ transport requests and traffic safety notes (if any);

c) conduct tests for drugs and alcohol (if testing devices are available).

3. After being assigned to perform a task and before the departure, the driver assigned to perform the transport task shall carry out an inspection of the vehicle (in the case of conducting taxi business, perform the tasks specified in the business plan of the business). The following shall be inspected: tracking device, cameras fitted to the vehicle (for the vehicle required to be fitted with a camera); steering system; wheels; brake system; lights and horn; information posted on the vehicle.

4. Before the departure, the driver shall use his/her driver ID card to log in the vehicle’s tracking device.

5. When the vehicle is operating on road

a) The traffic safety department and officer or transport manager or management assigned by the business shall supervise the vehicle and driver during his/her performance of the transport task via the tracking device; immediately warn the driver if he/she is found driving the vehicle in excess of the speed limit, permissible continuous driving hours or daily working hours or if he/she fails to follow the route or the tracking device fails to give any signal, and other traffic safety threats; receive and propose measures to handle incidents threatening traffic safety. The warnings shall be recorded or updated to software;

b) The driver shall strictly comply with traffic safety regulations while driving, comply with regulations on continuous driving hours, daily working hours, speed, itinerary, tracking devices and cameras (for the vehicle required to be fitted with a camera) ; immediately notify the time, place and causes of incidents threatening traffic safety so that appropriate measures are taken.

6. When the driver finishes his/her task or work shift

a) The traffic safety department (officer) or transport operator or management assigned by the business shall: determine the distance over which the vehicle has been driven to provide the basis for formulating and implementing a maintenance and repair plan in accordance with the periodic maintenance schedule; consolidate results of and supervise the maintenance and repair; make a list of violations against regulations on speed limits, continuous driving hours, daily working hours, transport route and tracking device; request the head to take actions against such violations; make a list of incidents threatening traffic safety during the transport;

b) The driver shall: use his/her driver ID card to log in the vehicle’s tracking device; after the trip or at the end of the work shift, before leaving the vehicle, make sure that there are no passenger in the passenger compartment.

7. On a monthly, quarterly and yearly basis, the traffic safety department (officer) shall:

a) produce statistics of accidents, causes and level thereof involving each driver;

b) develop and implement remedial measures against incidents threatening traffic safety during the process of conducting transport business;

c) provide lessons learnt from accidents at serious level or higher to all drivers during the process of conducting transport business;

d) cooperate with specialized departments of the transport business to provide professional training in transport and traffic safety to all drivers and attendants on the vehicle (if any) in accordance with regulations;

dd) archive physical documents and books or save them as prescribed in Clauses 2, 3 and 5 and Point a Clause 6 of this Article for at least 03 years.

Article 5. Implementation of traffic safety procedure by auto transport business

1. Every transport business (including enterprise, cooperative or household business conducting transport business by automobile) that is selected to implement the traffic safety procedure shall comply with Point a or Point b below:

a) Sufficiently and correctly apply and comply with all regulations laid down in TCVN ISO 39001:2014 Road traffic safety management systems - Requirements with guidance for use and Point a Clause 2 Article 11 of the Decree No. 10/2020/ND-CP and Article 4 of this Circular;

b) Develop and sufficiently and correctly comply with the traffic safety procedure in accordance with Clause 1, Point a Clause 2 Article 11 of the Decree No. 10/2020/ND-CP and Article 4 of this Circular.

2. If the owner of the household business conducting transport business is the driver operating a vehicle involved in transport business, he/she shall perform the tasks specified in Point c, Point d Clause 1; Point a Clause 2; Clause 3; Clause 4; Point b Clause 5; Clause 6; Point dd Clause 7 Article 4 of this Circular.

Article 6. Detailed regulations on development and implementation of the traffic safety procedure applied to bus stations and goods station

Bus stations and goods stations shall develop and sufficiently implement the traffic safety procedures following the steps below:

1. Tasks to be performed as a vehicle enters a station

The station staff and driver shall perform the following tasks:

a) conduct an inspection and confirm that the vehicle has been licensed by a competent authority for operation at the station and that the vehicle has entered the station (applicable to a bus station);

b) instruct the driver to drive the vehicle to the designated location for passenger and goods drop-off; update information to the station management software as prescribed;

c) instruct the driver to drive the vehicle to the designated stop location in accordance with regulations of the station.

2. Tasks to be performed before a vehicle enters a passenger pick-up (goods loading) location

Before allowing a vehicle to enter a passenger pick-up/goods loading location, the station staff shall conduct an inspection and keep a logbook of vehicle entry and exit or update information to the station management station. The inspection includes the following contents:

a) Regarding auto inspection: vehicle registration certificate; certificate of technical and environmental safety; effective civil liability insurance; effective badge attached to the vehicle’s glass in accordance with regulations; vehicle location data on the system for processing and exploitation of data from the tracking device of the Directorate for Roads of Vietnam, cameras (for the vehicle required to be fitted with a camera); fire extinguisher; emergency tools (if any);

b) Regarding driver inspection: number of drivers and their driver’s licenses; name tags and uniforms (if any); transport order or transport certificate;

c) Inspecting transport quality already registered with the route management authority, ticket fares posted (applicable to the bus station); information posted on the vehicle;

d) Comparing information about license plate and driver with that specified in the transport order, transport contract or transport certificate; conduct a test for drugs and alcohol (if testing devices are available). Regarding the goods station, inspecting information about the license for import of dangerous goods in accordance with regulations if the vehicle transports dangerous goods;

If the station staff finds that the competent authority seizes vehicle documents or driver’s documents for violation handling purpose while the vehicle is on the outward trip, the driver is allowed to operate the vehicle until the return trip is ended according to the transport order.

3. Tasks to be performed as the vehicle enters the passenger pick-up (goods loading) location

a) After the station staff completes the tasks specified in Clause 2 of this Article:

If the result of inspection of any abovementioned contents is not satisfactory, according to the severity of the violation, request the transport business or driver to immediately take remedial actions or deploy another vehicle or driver;

If the results of inspection of all abovementioned contents are satisfactory, the station staff shall instruct the driver to driver the vehicle to the passenger pick-up or goods loading location within the prescribed time limit, and perform the next tasks specified in Points b and c of this Clause;

b) Regarding a bus station: Sell tickets to passengers if the transport business authorizes the bus station to do so; supervise the loading of passenger and luggage onto the passenger bus within the station area to promptly discover and prevent the transport of banned goods, flammable and explosive goods and live animals by passenger bus; ensure that consignments are loaded onto the passenger bus in accordance with regulations and are not placed in the passenger compartment; ensure that the permissible seating capacity is not exceeded; ensure that every passenger has a ticket and is arranged a seat with the right number written in his/her ticket;

c) Regarding a goods station: supervise the loading of goods and luggage onto the vehicle within the station area to promptly discover and prevent the transport of banned goods; ensure that goods are loaded in accordance with regulations. The goods station is encouraged to use technical equipment to discover banned goods within the station area; load goods on within the payload limit specified in the certificate of technical and environmental safety inspection; request the person loading goods to sign the transport certificate after loading goods;   

d) Supervise operation of automobiles and drivers within the station area.

4. Perform tasks to allow a vehicle to exit the station.

Before allowing the exit, the station staff and driver shall perform the following tasks:

a) Regarding a bus station: Determine the total number of tickets sold (except for the case the transport business sells ticket itself), the driver shall pay for services (except for the payment made under the service provision contract between the transport business and the station operator). He/she and station staff shall sign and transfer documents in accordance with regulations. Check information specified in the transport order and provide signature;

b) Regarding a goods station: Determine the weight of goods and types of goods already loaded on the vehicle, the driver shall pay for services (except for the payment made under the service provision contract between the transport business and the station operator). He/she and station staff shall sign and transfer documents in accordance with regulations. Check information specified in the transport certificate and provide signature;

c) The station staff shall record and confirm the driver’s completion of all procedures required for exit from a station. Update information to the station management software upon the vehicle’s exit in accordance with regulations; make a list of cases of refusal to allow exit of the vehicle from the station, and update traffic safety at the station.

5. The roadmap for application of the traffic safety procedure to stations

a) Regarding stations of class 1 – 4: from the effective date of this Circular;

b) Regarding the remaining bus stations and goods stations: from January 01, 2021.

Article 7. Tasks of the department responsible for managing and supervising satisfaction of traffic safety conditions

1. Perform the tasks specified in Article 4 of this Circular.

2. Inspect and supervise the vehicle’s satisfaction of conditions for technical and environmental safety; expedite and supervise the implementation of regulation on technical inspection, maintenance and repair of vehicles; inspect and closely supervise technical conditions of vehicles.

3. Manage and monitor information from auto tracking devices, images from cameras fitted to vehicles to promptly warn and prevent violations; use information from auto tracking devices, images from cameras fitted to vehicles to serve the management by the transport business and provide competent authorities with compulsory information about each automobile upon request; supervise and recommend repair and replacement of damaged items of auto tracking devices and cameras fitted on automobiles; prepare monthly, quarterly and yearly reports on violations committed by drivers.

Chapter III

REGULATIONS AND GUIDANCE ON MANAGEMENT AND USE OF IMAGE DATA FROM CAMERAS FITTED TO AUTOMOBILES INTENDED FOR TRANSPORT BUSINESS

Article 8. Technical requirements and guidelines for fitting cameras to automobiles

1. Every transport business is required to fit cameras to automobiles intended for transport business as prescribed in Clause 2 Article 13 and Clause 2 Article 14 of the Decree No. 10/2020/ND-CP. Cameras fitted to an automobile (hereinafter referred to as “auto cameras”) shall comply with the following technical requirements:

a) They must be labeled in accordance with regulations of law when sold on the market and subject to inspection by an agency managing and controlling quality of products and goods;

b) They must be capable of recording and storing videos, protecting data against power outage, preventing data from being lost, deleted or changed during the storage period; transmitting image data to the server for monitoring, management and storage purposes; notifying active status and status indicating data transmission. If the transmission signal is lost, the cameras must have the ability to store and re-transmit data to the server as soon as the transmission line is reactivated;

c) The auto camera video format must be MP4 or H.264 or H.265 and contain at least the following information: auto’s license plate, location (coordinate) and time; videos must be stored on a camera’s memory card or hard drive with a minimum of 10 frames per second and a minimum resolution of 720p. Images stored on cameras must be readily visible under all lighting conditions (including at night);

d) Image data extracted from all auto cameras must be transmitted with a transmitting frequency of 12 - 20 times per hour during auto's operation (equivalent to 3 - 5 minutes per data transmission) to the transport business. The format of images transmitted to the server must be .JPG and the minimum image resolution must be 640x480 pixel;

dd) Data recorded and stored on auto cameras and server of the transport business must not be deleted or changed during the storage period in accordance with regulations.

2. Every transport business shall decide the location and number of cameras fitted to its automobiles to ensure that all images of drivers on an automobile, automobile’s passenger compartment and doors. Cameras must be fitted to an automobile without illegally interfering in or changing the recording. The transport business shall post the instruction manual in a noticeable place. Information to be posted includes:

a) Phone number and contact address of the camera fitting service provider;

b) Active status of the cameras;

c) Guidelines for connecting cameras with computes or with data readers.

3. Transport businesses and drivers are not allowed to use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify auto camera’s data.

Article 9. Regulations on provision of image data from auto cameras

1. Image data from auto cameras must be transmitted to the server of the Directorate for Roads of Vietnam within 02 minutes since data is transmitted to the transport business’s server. If the transmission line interrupts, both old and new data shall be transmitted simultaneously when the transmission line resumes.

2. Data provided is divided into 02 types, including data identifiers and image data from the auto cameras.

a) Data identifiers includes names of the transport businesses; name of the Department of Transport (that issues the transport business license); license plates; payload (number of seats or permitted weight of goods transported), type of business; full names of drivers and number of their driver’s license. This type of data must be connected to image data.

b) Image data must be continuously updated in chronological order and at least the following information about such image data must be available: number of the driver’s license, license plate, location (GPS coordinate) and time.

3. Format of information about image data:

a) Number of the driver’s license is the number written on the driver’s license of the driver;

b) The license plate shall be written immediately, regardless of capital letters and lowercase letters and not be composed of special characters. For example: 30E00555;

c) Location (Coordinate) of the automobile: Decimal Degree, WGS84 (longitude, latitude);

d) Time: Unix time, in Vietnam time zone.

4. The data transmission protocol shall be published by the Directorate for Roads of Vietnam.

5. The server of the unit transmitting data and server of the Directorate for Roads of Vietnam must be synchronized to national standard time using NTP (Network Time Protocol).

Article 10. Regulations on exploitation and use of image data from auto cameras

1. The exploitation of data from auto cameras shall comply with regulations of law on information technology and other relevant regulations of law.

2. Information and data from auto cameras shall be used to serve state management of transport and management of drivers and vehicles of transport businesses, and provided to police authorities (Traffic Police Department, Traffic Police Divisions, Railway and Road Traffic Police Divisions, Road Traffic Police Divisions of provinces and central-affiliated cities) and transport authorities (Ministry of Transport, Directorate for Roads of Vietnam and Departments of Transport) to serve state management, inspection and imposition of penalties for violations as prescribed by law and performance of other tasks to maintain traffic order and safety;

3. Online information and data on database from cameras must be protected in accordance with regulations of law on information security and other relevant regulations of law.

4. Agencies and units granted access to image data from cameras of the Directorate for Roads of Vietnam shall keep confidentiality of user names and information in accordance with regulations and exploit and use data for management within their jurisdictions.

Article 11. Responsibilities of the Directorate for Roads of Vietnam

1. Install, manage, upgrade and maintain hardware, software and data transmission lines to receive, store, exploit and use image data from auto cameras in accordance with regulations from July 01, 2021.

2. Provide usernames for data transmission to transport businesses or service providers hired or authorized by transport businesses.

3. Establish protocols in order for units to transmit data to the Directorate for Roads of Vietnam.

4. Exploit and use image data from cameras via software of the Directorate for Roads of Vietnam to serve state management, inspection and imposition of penalties for violations against regulations on transport nationwide.

5. Grant access to image data from cameras to the Ministry of Transport, Traffic Police Department, Traffic Police Divisions, Railway and Road Traffic Police Divisions, Road Traffic Police Divisions of provinces and central-affiliated cities and Departments of Transport to serve state management, inspection and imposition of penalties for violations as prescribed by law and performance of other tasks to maintain traffic order and safety.

6. Deploy officials to monitor and operate software, and ensure smooth operation of systems during operation and use thereof.

7. Store data on violations involving vehicles and drivers on software of the Directorate for Roads of Vietnam for 03 years; maintain confidentiality and security of data.

8. Request Departments of Transport to impose penalties for violations committed by drivers and transport businesses within provinces.

Article 12. Responsibilities of Departments of Transport

1. Deploy officials to monitor, exploit and use image data from cameras on software of the Directorate for Roads of Vietnam or of local transport businesses to serve state management, inspection and imposition of penalties for regulations on transport business within provinces.

2. Inspect, update and compare information to ensure accuracy of data transmitted by transport businesses to the Directorate for Roads of Vietnam, including names of Departments of Transport; names of transport businesses; license plates; payload (number of seats or permitted weight of goods transported); type of business and number of vehicles required to be fitted with cameras as prescribed.

3. Request transport businesses under their management to impose penalties for violations committed by drivers.

Article 13. Responsibilities of transport businesses

1. Comply with regulations set forth in Clause 5 Article 34 of the Decree No. 10/2020/ND-CP .

2. Install, manage and maintain data processing hardware and software and transmission lines in such a way that they are connected, transmit data to and are compatible with data receiving software of the Directorate for Roads of Vietnam;

3. Accurately, sufficiently and promptly transmit data as prescribed in Point b Clause 2 Article 9 hereof to the server of the Directorate for Roads of Vietnam.

4. Deploy officials to monitor and exploit data from the camera image data processing software of transport businesses for the purposes of management, warning and imposition of penalties for violations; inspect accuracy of information about license plates, payload (number of seats or permitted weight of goods transported), number of driver’s licenses and type of business of vehicles under management of transport businesses.

5. Delegate responsibilities for management, monitoring, exploitation and use of data to relevant individuals and departments as prescribed; promptly impose penalties for drivers violating rules of transport businesses.

6. Directly implement regulations specified in Clauses 1, 2 and 3 of this Article or hire a service provider to do so under a contract.

Chapter IV

AUTO PASSENGER TRANSPORT BUSINESS

Section 1. GENERAL REQUIREMENTS

Article 14. Regulations on passenger transport businesses

1. Comply with regulations set forth in Article 34 of the Decree No. 10/2020/ND-CP .

2. Management and use of automobiles intended for transport business

a) Formulate and implement a technical maintenance (hereinafter referred to as “maintenance”) and repair plan to ensure automobiles are maintained and repaired as prescribed in the Circular No. 53/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport;

b) Formulate and update required information on employment of automobiles in the automobiles’ service history or automobile management software of the transport business using the Form in the Appendix 1 hereof;

c) Connect and update automobiles’ service history via the auto transport business management software of the Ministry of Transport (the Directorate for Roads of Vietnam) according to the roadmap specified in Point d Clause 3 Article 11 of the Decree No. 10/2020/ND-CP ;

d) Use automobiles intended for transport business in accordance with Point a, Point b Clause 3 Article 11 and Article 13 of the Decree No. 10/2020/ND-CP .

3. Management of drivers involved in transport business

a) Ensure that the drivers employed to operate double-decker sleeper buses have the experiences specified in Point c Clause 3 Article 11 of the Decree No. 10/2020/ND-CP ;

b) Formulate and update required information on employment of drivers in the drivers’ work history or driver management software of the transport business using the Form in the Appendix 2 hereof;

c) Connect and update drivers’ service history via the auto transport business management software of the Ministry of Transport (the Directorate for Roads of Vietnam) according to the roadmap specified in Point d Clause 3 Article 11 of the Decree No. 10/2020/ND-CP ;

d) Ensure that drivers comply with regulations on daily working hours, continuous driving hours and rest hours as specified in Clause 4 Article 11 of the Decree No. 10/2020/ND-CP .

4. Directly manage their automobiles and drivers to transport passengers:

a) via application software assisting transport connection; or

b) via transport orders; or

c) under transport contracts.

5. Decide transport tariffs.

6. Establish or apply service quality standards

a) Enterprises and cooperatives conducting passenger transport business along fixed routes, by buses and by taxis shall establish or apply basic standards for passenger transport service quality issued by the Directorate for Roads of Vietnam. If an enterprise or cooperative establishes its own service quality standard, it must state the equivalent class of passenger transport service quality according to basic standards issued by the Directorate for Roads of Vietnam;

b) An enterprises or cooperative conducting passenger transport business along a fixed route before operating the route or upon any change to the service quality shall send a notification of class of service quality on routes to the stations at two ends of the route.

7. Archive documents concerning management of transport activities for at least 03 years to serve the inspection work.

Article 15. Installation, management and exploitation of information from auto tracking devices

1. Auto tracking devices shall have their conformity with regulations certified, sufficiently and continuously record and transmit information including itinerary, speed and continuous driving hours to servers of transport businesses or data processing service providers.

2. Responsibilities of every transport business

a) Install tracking devices on its automobiles as prescribed;

b) Maintain good technical condition, transmit and provide compulsory information obtained from tracking devices in a sufficient, accurate and continuous manner during the transport;

c) Provide usernames and passwords for access to data processing data software from tracking devices installed on its automobiles to the Department of Transport issuing badges.

d) Deploy its officials to monitor automobiles via tracking devices; warn and take actions against drivers that violate rules of the transport business;

dd) Update and store compulsory information for at least 01 year.

3. Transport businesses and drivers shall comply with Clause 6 Article 12 of the Decree No. 10/2020/ND-CP .

Article 16. Provision of professional training in transport and traffic safety to drivers and attendants

1. Trainees: drivers and attendants.

2. Training contents: specified in the training framework issued by the Ministry of Transport.

3. Training schedule

a) Before participation in transportation service business;

b) Held periodically at the 3 years’ maximum interval between two training sessions.

4. Trainers, including:

a) Lecturers in the transport major from (post)secondary or higher-level education institutions providing road transport training programs; persons obtaining at least Level 4 of VQF Diploma in transport;

b) Persons holding associate or undergraduate degrees in other majors and acquiring at least 03 years’ experience in management and operation of road transport.

5. Every transport business shall provide professional training in transport and traffic safety to drivers and attendants and satisfy the following requirements:

a) All regulations laid down in Clause 1 through 4 of this Article are complied with;

b) While training is provided, the transport business is entitled to cooperate with another transport business, Vietnam Automobile Transportation Association, local automobile transportation association, driver training institutes, training institutes for ministries and ministerial agencies’ officials and (post)secondary or higher-level education institutions (that provide road transport training programs) to provide training to drivers and attendants;

c) Before providing training, the training provider shall notify the Department of Transport of the training plan, place of training, list of trainers and trainees for inspection and supervision purposes;

d) A certificate is issued to those who have completed the training according to the Form in the Appendix 3 hereof; training dossiers and results shall be archived for at least 03 years.

6. The Department of Transport shall:

a) deploy officials to directly monitor or monitor the provision of training via cameras;

b) refuse to recognize training results and request the training provider to provide training again in accordance with regulations if the training provider fails to notify the Department of Transport as prescribed in Point c Clause 5 of this Article or fails to comply with Point a Clause 5 of this Article.

Section 2. CONDUCTING FIXED-ROUTE AUTO TRANSPORT BUSINESS

Article 17. Criteria for route establishment

1. Availability of a road system declared to be in operation during the transport itinerary.

2. Availability of a departure station and a arrival station declared to be in operation by a competent agency.

3. Fixed route code

a) Inter-provincial fixed route is assigned a code determined according to area code of the province or city of departure and destination; code of the departure station and arrival station. Each route code is composed of numbers arranged in the following numerical ascending order: city or province with small area code number in front of city or province with greater code number; province or city’s bus station with small code number in front of province or city’s bus station with greater code number. If a route is composed of different destinations, characters in the Vietnamese alphabet (A, B, C) shall be added at the end of the number sequence;

b) Provincial fixed route is assigned a code determined according to area code of the province or city of departure and destination; code of the departure station and arrival station. Each route code is composed of numbers arranged in the following numerical ascending order: area code number of city or province; bus station with small code number; bus station with greater code number. If a route is composed of different destinations, characters in the Vietnamese alphabet (A, B, C) shall be added at the end of the number sequence.

Article 18. Guidelines for organizing and managing and criteria to be satisfied by passenger pick-up and drop-off points

1. Criteria to be satisfied by a passenger pick-up and drop-off point

a) The passenger pick-up and drop-off point is only arranged at locations that ensure traffic safety and facilitate getting on and off;

b) The passenger pick-up and drop-off point is large enough for vehicles to pick up and drop off passengers without obstructing other vehicles;

c) There shall be a sign (Sign No. I.434a) intended for fixed routes at the passenger pick-up and drop-off point in accordance with the National technical regulation on road signs and signals No. QCVN41:2012/BGTVT enclosed with the Decree No. 54/2019/TT-BGTVT dated December 31, 2019 of the Minister of Transport;

d) The minimum distance between the two passenger pick-up and drop-off points or between a passenger pick-up and drop-off point and a rest stop or and stations at two ends of the route shall be determined by the Department of Transport according to current situation and traffic organization within the province.

2. Organizing and managing a passenger pick-up and drop-off point

a) The passenger pick-up and drop-off point is only used for fixed-route auto transport and must not be used for any other activities;

b) At the passenger pick-up and drop-off point, an automobile is only allowed to stop for no more than 03 minutes.

c) The Department of Transport shall determine the location of the fixed-route passenger pick-up and drop-off point (the point located along a highway and a road shall be approved by a competent road authority and a district-level People’s Committee respectively), reach an agreement thereon with the district-level People’s Committee and then request approval by the provincial People’s Committees.

d) The Department of Transport shall advise the provincial People’s Committee on organizing, managing and ensuring traffic safety, order and security and environmental safety at passenger pick-up and drop-off points within the province;

dd) The pick-up and drop-off point shall be constructed according to the following principles: for a newly constructed, upgraded or expanded road, the investor shall record the passenger pick-up and drop-off point as an item of the construct project; for an operational road, the passenger pick-up and drop-off point shall be constructed by calling for private sector involvement or using the state budget;

e) The Department of Transport shall issue a notice of operation or suspension of a fixed-route passenger pick-up and drop-off point.

Article 19. Posting of information

1. Post the following information on the website of the Department of Transport: list of routes within the province (after being published by a competent authority); list of operation routes; maximum number of trips using a route in a unit of time and total number of trips that have been registered; a list of transport businesses operating on the route; running timetable intended for automobiles operating along routes; hotline of the Department of Transport.

2. Post the following information at a station: a list of routes and departures of operational automobiles in the station; a list of transport businesses operating on each route; hotlines of transport businesses and of Department of Transport.

3. Post the following information at ticket counters: name of transport businesses, route names, ticket fares, departure schedule of each trip, services on each trip, weight of luggage free of charge.

4. Post the following on an automobile:

a) On the front glass: name of the departure station and arrival station. The height of a character is at least 06 cm.

b) On the two outer sides of the automobile or on two doors of the automobile: name and phone number of the transport business. Minimum size: 20 cm in length and 20 cm in width;

c) Inside the automobile: license plate, ticket fares, transport itinerary, services for passengers, weight of luggage free of charge, hotline of the transport business and the Department of Transport issuing the badge.

5. Responsibility for posting information and providing information to be posted:

a) Every Department of Transport shall post information as prescribed in Clause 1 of this Article;

b) Every station shall post information at the station and ticket counters in the station as prescribed in Clauses 2 and 3 of this Article;

c) Every transport business shall post information on automobiles and at its own ticket counters as prescribed in Clauses 3 and 4 of this Article;

d) Enterprises and cooperatives conducting fixed-route passenger transport business shall provide information that has to be posted at a station to relevant stations.

Article 20. Regulations on vehicles involved in fixed-route passenger transport

1. Regulations set forth in Clause 4 Article 4 of the Decree No. 10/2020/ND-CP shall be complied with.

2. Information shall be posted as prescribed in Clause 4 Article 19 hereof.

3. Quantity, quality and arrangement of seats/beds in vehicles shall conform to the design and shall be numbered from the front to the rear of vehicles in an ascending order.

4. Vehicles shall be equipped with emergency tools and usable and unexpired fire extinguishers in accordance with regulations.

5. Vehicles involved in fixed-route passenger transport must be issued with badges reading “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE VEHICLE”) using the design provided in the Appendix 4 hereto. The badge must be attached beneath the inspection stamp in the top right hand corner of the vehicle’s front windshield.

6. Behind each seat or next to each bed, there must be a safety card including the following main contents: regulations on fastening of seat belts before the vehicle is put in motion and seat belt guide (if available); guidelines for placing luggage; “no smoking” sign; instructions for use of electric system on the vehicle (if any); instructions for use of fire extinguishers and emergency hammers and emergency escape route.

7. At the same time, a vehicle is only allowed to register and operate on no more than 02 fixed routes, such routes may be successive (the arrival station of the previous route is the departure station of the next route).

Article 21. Regulations on use of passenger transit vehicles

1. Passenger transit vehicles shall comply with Clause 9 Article 3, Clause 5 Article 4, Clause 1 Article 12 and Point a Clause 2 Article 22 of the Decree No. 10/2020/ND-CP ; their service life shall be determined in accordance with regulations on service life of buses specified in the Government’s Decree 95/2009/ND-CP dated October 30, 2009.

2. Name and phone number of the enterprise or cooperative shall be posted on two outer sides or two doors of the vehicle. Minimum size: 20 cm in length and 20 cm in width.

3. Badges shall be issued to passenger transit vehicles according to the Appendix 5 hereof.

Article 22. Regulations on route management

1. Regarding provincial routes: the Department of Transport shall manage routes as prescribed in Clause 3 Article 4 of the Decree No. 10/2020/ND-CP .

2. Regarding inter-provincial routes: the Department of Transport issuing badges shall take charge and cooperate with the Department of Transport of the province where the other end of the route is located as prescribed in Clause 3 Article 4 of the Decree No. 10/2020/ND-CP and cooperate with the Department of Transport of the province where issues concerning transport management, traffic order and safety on routes arise in working out solutions.

3. Before March 31, the Department of Transport shall establish, adjust or add provincial fixed routes; reach an agreement with the Department of Transport of the province where the other end of the route is located to establish, adjust or add inter-provincial fixed routes and send a written notification thereof to the Directorate for Roads of Vietnam, which will submit it to the Ministry of Transport for announcement.

Before April 30, the Directorate for Roads of Vietnam shall take charge and cooperate with Departments of Transport in consolidating, reviewing, adjusting and requesting the Ministry of Transport to publish the list of inter-provincial fixed route networks. Departments of Transport shall request the provincial People’s Committees to publish the list of provincial fixed route networks.

4. According to the list of fixed route networks published by a competent authority, the Department of Transport (in the case of provincial routes) and Departments of Transport where the ends of each fixed route are respectively located (in the case of inter-provincial routes) shall agree to publish the following detailed information about each route on their websites: departure stations, arrival stations, itineraries; total number of trips and departure time of each trip that has been made by a business, interval between each successive trip; and capacity at the two ends of the route. Such information shall be published:

a) before May 15 every year;

b) on an ad hoc basis in the case of adjustment or addition of a fixed route or flow on the published routes;

c) within 07 working days from the date of publishing, the Directorate for Roads of Vietnam shall update the list of inter-provincial fixed routes, the Department of Transport update the running timetable for vehicles operating on inter-provincial fixed routes and list of provincial fixed routes and running timetable for vehicles operating thereon to the online public service system of the Ministry of Transport.

5. During the route management, when a new route is put into operation or a new station is put into operation or a station is suspended or other issues arise, thereby resulting in updating, adjustment or addition to the list of fixed route networks, follow the instructions below:

a) In the case of a provincial fixed route, the Department of Transport shall request the provincial People's Committee to make a decision;

b) In the case of an inter-provincial fixed route, the Departments of Transport of the province where the ends of each fixed route are respectively located shall request the Ministry of Transport to make a decision.

6. In the event that a dangerous epidemics, natural disaster, flood or storm occurs, thus affecting the operation of fixed routes, the Departments of Transport of the province where the ends of each fixed route are respectively located shall agree to temporarily reduce the number of actual trips or suspend operation of the route at the request of an enterprise or cooperative or under decision of a competent authority. Reports on adjustment shall be reported to the Directorate for Roads of Vietnam, which will submit a consolidated report to the Ministry of Transport.

Article 23. Addition and replacement of vehicles operating on routes

1. Addition and replacement of vehicles operating on routes

An enterprise or cooperative is entitled to replace a vehicle operating on a route or add a vehicle if the addition does not increase the number of trips.  The vehicle that is added to a route or replaces another one on a route shall be issued with a “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE VEHICLE”) badge that contains the name of such route and shall satisfy requirements for types of vehicles operating on registered routes.

2. Unscheduled replacement of vehicles

a) An enterprise or cooperative is entitled to use its own vehicle issued with the “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE VEHICLE”) badge as a replacement for the operating vehicle involved in a technical breakdown or traffic accident or in the event of other force majeure events. If the enterprise or cooperative fails to bring in a replacement, the Department of Transport shall decide to bring in another enterprise or cooperative’s vehicle operating on the route as a replacement.

b) The replacing vehicle shall be issued with a transport order by the enterprise/cooperative using the form in the Appendix 6 hereof.

Article 24. Regulation on increasing number of vehicles to reduce passenger load

1. Increasing number of vehicles to reduce passenger load shall comply with Clause 6 Article 4 of the Decree No. 10/2020/ND-CP .

2. Fixed-route automobiles, contractual passenger automobiles, tourist automobiles and buses shall be used to reduce passenger load on public holidays and during national high school exams; badges shall be issued as prescribed in Point b Clause 2 Article 22 of the Decree No. 10/2020/ND-CP .

3. The Department of Transport shall take charge and cooperate with relevant units in formulating a plan to increase number of vehicles to reduce passenger load (including a list of vehicles and drivers deployed) and organizing the implementation thereof. The plan shall be unveiled at least 07 days before a public holiday or national high school exam.

4. Enterprises and cooperatives operating fixed routes shall, depending on the travel demand, reach an agreement with bus stations on formulating a plan to increase number of vehicles on the routes on weekends (Fridays through to Sundays) on which there is a sudden increase in the number of passengers (including the increased number of vehicles and dates on which increased trips are made). The plan shall be notified to the Departments of Transport where the ends of each fixed route are respectively located before January 15.

5. During the period vehicles are used to reduce passenger load, Departments of Transport where the ends of each fixed route are respectively located shall take charge and cooperate with the Department of Transport of the province where the other end of the route is located, relevant bus stations and owners of vehicles used for passenger load reduction in supervising and managing vehicles and drivers in accordance with regulations on management of fixed-route passenger transport.

6. Upon increasing the number of vehicles, the departure bus station shall preside over recording running time and confirm same on the transport orders in accordance with regulations, notify increased number of vehicles to the bus station on the other end of route in order for it to arrange return trips. The bus station on the other end of route shall record time and confirm return trips on the transport orders; if the enterprise or cooperative conducting transport business does not take return trips, the bus station shall only confirm the vehicles’ arrival on the transport orders in accordance with regulations.

Article 25. Regulations on transport orders

1. Transport orders shall be printed by enterprises and cooperatives themselves using the form given in the Appendix 6 hereto.  Apart from the contents specified in the Appendix 6, enterprises and cooperatives shall add other contents to serve their management work.

2. Enterprises and cooperatives shall manage, issue and inspect the use of transport orders; archive transport orders for at least 03 years.

3. Bus stations shall update information about transport orders bearing seals to the nationwide passenger management software.

Article 26. Rights and responsibilities of enterprises and cooperatives conducting fixed-route passenger transport business

1. Take measures to correctly and sufficiently implement the plan to operate registered auto passenger transport routes; develop and correctly and sufficiently implement the traffic safety procedure as prescribed in Articles 4 and 5 hereof; establish departments responsible for managing and supervising satisfaction of traffic safety conditions as prescribed in Article 7 hereof.

2. Comply with the regulations laid down in Articles 8, 9, 13, 14, 15, 16 and 54 hereof.

3. Supervise and manage the use of their badges and transport orders; write in transport orders and issue them to drivers in accordance with regulations on transport management; archive transport orders as prescribed in Clause 2 Article 25 hereof.

4. Refund at least 90% of the ticket price to passengers who have paid for tickets but cancel the trip at least 02 hours in the case of a fixed route covering a distance of less than 300 km and at least 04 hours in the case of a fixed route covering a distance of more than 300 km before the departure; refund at least 70% of the ticket price to passengers who have paid for tickets but cancel the trip at least 01 hour in the case of a fixed route covering a distance of less than 300 km and at least 02 hours in the case of a fixed route covering a distance of more than 300 km before the departure.

5. If an enterprise or cooperative is requested to transport a consignment by a fixed-route automobile (not accompanied by the consignor), such enterprise or cooperative shall request the consignor to provide sufficiently and exactly the information about the consignment and full name, address, ID card/Citizen ID card and contact phone number of the consignor and the consignee; must not transport banned, flammable and explosive goods, live animals and dirty food. Compensation for the damaged, lost or deficient consignment shall be provided under the transport contract or by negotiation between the enterprise/cooperative and the consignor.

6. Make internal regulations on drivers and attendants’ (if any) uniforms and name tags, driver ID cards; a name tag must contain a photo and full name of the driver, and name of the unit managing him/her, and may be used as a driver ID card.

7. Be entitled to refuse to transport passengers who disrupt public order or obstruct drivers and attendants; fare-dodgers or passengers suffering from a dangerous disease; passengers carrying banned, flammable or explosive goods or live animals.

8. Be entitled to use electronic devices to post information as prescribed in Clauses 2, 3 and 4 Article 19 hereof.

9.  Do not carry passengers beyond seating capacity and do not carry passengers and goods in excess of the gross vehicle weight rating written on the certificate of technical and environmental safety inspection of automobiles.

10. Do not use vehicles issued with badges reading “XE TRUNG CHUYỂN” (“SHUTTLE BUS”) to conduct transport business.

11. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP , provincial People’s Committees and other relevant regulations of law.

Article 27. Rights and responsibilities of drivers and attendants on fixed-route vehicles

1. Wear name tags and uniforms provided by enterprises and cooperatives and carry transport orders.

2. Correctly and sufficiently comply with regulations on drivers specified in the traffic safety procedures mentioned in Articles 4 and 6 hereof; correctly obey transport orders issued by enterprises and cooperatives; maintain security and order on vehicles; pick up and drop off passengers at departure stations, arrival stations and passenger pick-up and drop-off points, and operate vehicles following itineraries.

3. Do not carry passengers beyond the seating capacity and do not carry passengers and goods in excess of the gross vehicle weight rating written on the certificate of technical and environmental safety inspection of automobiles; place luggage and consignments evenly in the luggage trunk to ensure that luggage and consignments are not displaced during their transport; do not transport banned, flammable and explosive goods, live animals and dirty food. If requested to transport a consignment by a fixed-route automobile (not accompanied by the consignor), request the consignor to provide sufficiently and exactly the information about the consignment and name, address, ID card/Citizen ID card and contact phone number of the consignor and the consignee.

4. Have the responsibility to that tickets are provided for every passenger on the vehicle; instruct passengers to take the right seats according to the information on tickets; introduce the trip rules, assist passengers; provide priority seats to passengers with a disability, pregnant women, the elderly and children; remain polite to passengers; provide first aid for passengers who show signs of sickness or signs of labor.

5. Have the responsibility to request bus stations to confirm information on transport orders before the departure and arrival.

6. Have the responsibility to comply with regulations of law on maintaining traffic safety and order.

7. Be entitled to refuse to transport passengers who disrupt public order or obstruct drivers and attendants; fare-dodgers or passengers suffering from a dangerous disease; passengers carrying banned, banned, flammable or explosive goods or live animals.

8. Have the responsibility to refuse to operate a vehicle if it is found that the vehicle is not conformable to the safety conditions or fails to be fitted with a tracking device or camera or the tracking device or camera is out of order.

9. Keep the vehicle tidy, do not use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify tracking device’s or camera’s data.

10. Have the responsibility to drive the vehicle to the bus station at least 10 minutes prior to departure so that it can undergo technical safety inspection and serve other professional operations at the station in accordance with the traffic safety procedure.

11. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 28. Rights and responsibilities of passengers

1. Be entitled to request the enterprise or cooperative to provide services according to the service quality standard that have been registered and announced.

2. Be entitled to request attendants to sell the exact type of ticket; keep the ticket during the trip and present it to competent persons upon request.

3. Receive the refund prescribed in Clause 4 Article 26 hereof.

4. Be entitled to make complaints or report violations against regulations on transport management committed by a transport business, driver or attendant and claim compensation for any damage (if any).

5. Comply with the trip rules to maintain security and order on vehicles; get in and get off the vehicle at a station or passenger pick-up and drop-off point according to the regulations.

6. Exercise other rights and responsibilities in accordance with regulations of law.

Section 3. FIXED-ROUTE BUS TRANSPORT BUSINESS

Article 29. Regulations on buses

1. Comply with all regulations set forth in Clause 2 Article 5 of the Decree No. 10/2020/ND-CP .

2. Be equipped with emergency tools and usable and unexpired fire extinguishers in accordance with regulations.

3. Carry a badge that reads “XE BUÝT” (“BUS”). Its design is given in the Appendix 7 hereto. The badge must be attached beneath the inspection stamp in the top right hand corner of the vehicle’s front windshield.

4. Posting of information:

a) Posting the following information outside the bus:

On the front and rear glass: route number or route code, departure and arrival terminals;

On two sides: route number or route code; ticket fares and phone number of the enterprise or cooperative;

b) Post the following information inside the bus: license plate, route number or route code; maps of departure and arrival terminals and bus stops along the route; ticket price; ticket fares; hotline of the transport business and the local Department of Transport; responsibilities of drivers, attendants and passengers;

c) Put safety cards inside the bus in a noticeable location. A safety card shall contain at least seat belt guide (if available); guidelines for placing luggage; “no smoking” sign; instructions for use of electric system on the vehicle (if any); instructions for use of fire extinguishers and emergency hammers and emergency escape route.

Article 30. Departure terminals, arrival terminals, bus stops, bus shelters and transport orders

1. The departure and arrival terminal of a bus route shall:

a) be spacious enough for buses to make a U-turn or park in a way that ensure traffic safety;

b) be equipped with information boards displaying: route name; route number; itinerary; trip frequency; daily operating hours of the route; phone number of route management authority and enterprises/cooperatives using the route; responsibilities of passengers, drivers and attendants;

c) have passenger shelters.

2. Bus stops

a) There shall be signs and markings at a bus stop according to regulations; each sign shall include route number or route code, route name (the departure and arrival terminals), shortened itinerary on the other side of the sign;

b) There shall be bus shelters at bus stops in urban areas that have kerbs of at least 05 m wide and outside urban areas that have kerbs of at least 2.5 m wide;

c) Departments of Transports shall announce design of bus stop signs within their provinces.

3. There shall be passenger pick-up and drop-off points intended for buses at bus stations, train stations, airports, ports, landing stages and seaports so as to make a connection with other modes of transport.

4. Bus shelters

a) Departments of Transports shall announce design of bus stop signs within their provinces.

b) The following information shall by posted at a bus shelter: route number/code; route name; transport itinerary; trip frequency; daily operating hours of a route; phone number of the transport business and local Department of Transport, maps of bus routes.

5. Bus terminals, bus stops and bus shelters shall be accessible to the disabled.

6. Transport orders

a) Transport orders shall be printed by enterprises and cooperatives themselves using the form given in the Appendix 6 hereto. Apart from the contents specified in the Appendix 6, enterprises and cooperatives shall add other contents to serve their management work.

b) Enterprises and cooperatives shall manage, issue and inspect the use of transport orders; archive transport orders for at least 05 years.

Article 31. Construction of infrastructure serving bus passenger transport

1. An infrastructure system serving bus passenger transport includes: exclusive bus lanes, bus terminus, bus stops, signs, bus shelters, transit points, parking lots.

2. The infrastructure system serving bus passenger transport is constructed using the state budget and other sources of capital or private capital.

3. Departments of Transport shall manage, construct or call for private sector involvement in construction and maintenance of the infrastructure system serving bus passenger transport within their provinces as assigned by provincial People’s Committees.

Article 32. Announce opening of bus routes

1. Every Department of Transport shall announce opening of bus routes within its province according to the list of route networks approved by provincial People’s Committee. If a bus route passes through multiple provinces and cities, according to the approved list of route works, the announcement of opening of the bus route shall be made by the Department of Transport of the province where the head office or branch of the enterprise or cooperative is located after obtaining a written consent of the Department of Transport of the province where the other end of the route is located and Department of Transport of the province involved in the itinerary. If a bus route that has its departure terminal or arrival terminal within an airport, the provincial People’s Committee shall reach an agreement with the Ministry of Transport prior to announcement.

2. An announcement of opening of a bus route includes:

a) The enterprise or cooperative operating the route;

b) Route number or route code; distance; itinerary (departure terminal, arrival terminal and bus stop);

c) Running timetable and operating hours of the route;

d) Brand, capacity and typical color of the bus operating the route;

dd) Ticket fares.

3. Every Department of Transport shall publish the information specified in Clause 2 of this Article 15 on its website at least 15 days prior to passenger transport.

Article 33. Management of bus passenger transport

1. Departments of Transport shall organize bidding or place orders for the operation on bus routes according to regulations of law on manufacture and supply of public products and services.

2. Enterprises and cooperatives issued with the license for bus passenger transport business may apply for bidding or place an order for operation on a bus route.

3. The local Department of Transport shall sign a contract with the enterprise or cooperative winning the bidding or receiving orders for operating the bus route. The contract shall state a bus route operation plan, including: route name, route number, brand and capacity of the bus, ticket fares, running timetable and term of the contract.

4. The Department of Transport shall decide to adjust partially or totally the running timetable of itinerary of a provincial bus route in the case of change in traffic organization resulting in a change of the itinerary or a natural disaster or flooding or another force majeure event or at the request of an enterprise or cooperative operating the route in a manner that is relevant to demand and actual condition in each period; the enterprise or cooperative shall adjust the route operation plant according to the new running timetable; the Department of Transport and enterprise or cooperative shall sign and affix seal to confirm that the new operation plan constitutes part of the route operation contract.

5. If a bus route passes through multiple provinces and cities, the adjustment to the running timetable and itinerary or suspension or closure of the bus route shall be carried out by the Department of Transport of the province where the head office or branch of the enterprise or cooperative is located after obtaining a written consent of the Department of Transport of the province where the other end of the route is located; and notify the Departments of Transport of the provinces through which the bus route passes before carrying out the same.

6. The decision on running timetable adjustment shall be published on mass media at least 10 days prior to adjustment.

Article 34. Regulations on suspension of buses on routes, closure of bus routes; addition and replacement of buses operating on routes

1. Suspension of a bus on a route or closure of a bus route

a) At least 30 days prior to suspension of a bus on a route, the enterprise or cooperative shall send a written notification of suspension to the Department of Transport issuing the auto transport business license.

If the suspension results in a change of the trip frequency or closure of the route, within 10 working days from the receipt of the written notification, the Department of Transport issuing the auto transport business license (or in cooperation with the Department of Transport of the province where the other end of the route is located in the case of inter-provincial bus route) shall announce a new trip frequency or closure of the route at the request of the enterprise or cooperative;

b) The Department of Transport shall make an announcement on mass media within 15 working days from the receipt of the written notification;

c) At least 05 working days after suspension, the enterprise or cooperative shall return badges attached to buses suspended from operation to the Department of Transport issuing such badges.

2. Addition or replacement of a bus

a) An enterprises or cooperative is entitled to replace a bus operating on a route or add a bus if the addition does not increase the number of trips.  The bus that is added to a route or replaces another one on a route shall be issued with a badge that reads “XE BUÝT” (“BUS”) and satisfy requirements for types of vehicles operating on routes under a contract.

b) The enterprise or cooperative is, in the case of an unexpected event, entitled to use its own vehicle issued with the badge reading “XE BUÝT” (“BUS”) as a replacement for the operating vehicle involved in a technical breakdown or traffic accident or in the event of other force majeure events.

Article 35. Rights and responsibilities of enterprises and cooperatives conducting bus transport business

1. Take measures to correctly follow the running timetable according to the operation plan specified in the contract; develop and correctly and sufficiently implement the traffic safety procedure as prescribed in Articles 4 and 5 hereof; establish departments responsible for managing and supervising satisfaction of traffic safety conditions as prescribed in Article 7 hereof.

2. Comply with the regulations laid down in Articles 8, 9, 13, 14, 15, 16 and 54 hereof.

3. Make internal regulations on drivers and attendants’ (if any) uniforms and name tags, driver ID cards; a name tag must contain a photo and full name of the driver, and name of the unit managing him/her, and may be used as a driver ID card.

4. Be entitled to use electronic devices to post information as prescribed in Clause 4 Article 29 hereof.

5. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 36. Rights and responsibilities of drivers and attendants on buses

1. Correctly comply with the traffic safety procedure set forth in Article 4 hereof.

2. Wear name tags and uniforms provided by enterprises and cooperatives.

3. Correctly follow the approved running timetable and schedule.

4. Provide information about route itinerary and bus stops on routes at the request of passengers; instruct and assist passengers (especially passengers with a disability, pregnant women, the elderly and children) to get on and get off buses; remain polite to passengers.

5. Be entitled to refuse to transport passengers who pose threats to order, safety and security on buses or who are suffering from a dangerous disease; be entitled to refuse to transport banned, flammable or explosive goods, live animals and dirty food or luggage whose weight and dimensions exceeds the permissible limits specified in Clause 1 Article 37 hereof.

6. Have the responsibility to refuse to operate a bus if it is found that the bus is not conformable to the safety conditions or fails to be fitted with a tracking device or camera (for the bus required to be fitted with a camera) or the tracking device or camera is out of order.

7. Keep buses tidy, do not use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify tracking device’s or camera’s data.

8. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 37. Rights and responsibilities of passengers on buses

1. Be entitled to carry luggage whose weight and dimensions must not exceed 10 kg and 30x40x60 cm respectively.

2. Comply with trip rules and instructions given by drivers and attendants.

3. Be entitled to request attendants to sell the exact type of ticket; keep the ticket during the trip and present it to competent persons upon request.

4. Be entitled to make complaints or report violations against regulations on transport management committed by a transport business, driver or attendant and claim compensation for any damage (if any).

5. Exercise other rights and responsibilities in accordance with regulations of law.

Section 4. TAXI BUSINESS

Article 38. Regulations on taxis

1. Regulations set forth in Clause 4 Article 4 of the Decree No. 10/2020/ND-CP shall be complied with.

2. The following information shall be posted:

a) On the two doors of the taxi: name, phone number and logo of the enterprise or cooperative. Minimum size: 20 cm in length and 20 cm in width;

b) Inside the taxi: Kilometer-based taxi fares; waiting charges and other charges (if any) paid by passengers.

3. Taxis must be equipped with usable and unexpired fire extinguishers in accordance with regulations.

4. Badge attached to a taxi

a) Design of the “XE TAXI” (“TAXI”) badge is given in the Appendix 8 hereto;

b) Taxi badges of transport businesses in a province shall be subject to regulations adopted by the People's Committee of that province or shall be attached using the design given in the Appendix 8 hereto.

A specific badge must contain a QR code and have a size consistent with the design provided in the Appendix 8 hereto. If a local government prints and releases a badge itself, design of such badge shall be notified to the Directorate for Roads of Vietnam before printing.

c) The badge must be attached beneath the inspection stamp in the top right hand corner of the vehicle’s front windshield.

5. The words “XE TAXI” (“TAXI”) must be made of reflective materials posted (fixed) on the front and rear glass of a taxi using the design given in the Appendix 9 hereto (except for the case where the taxi has a lightbox).

6. Inside the taxi, there must be safety cards including seat belt guide (if available); “no smoking” sign; instructions on how to close and open taxi doors.

Article 39. Taxi pick-up and drop-off points and taxi parking points

1. Taxi pick-up and drop-off points shall conform to regulations on traffic safety and be spotted by signs and markings according to regulations.

2. Taxi parking points

a) There are 02 types of taxi parking points: parking point under the management of an enterprise or cooperative and public parking point under the management of a local regulatory body;

b) Tax parking points shall conform to regulations on traffic safety and order and safety and not cause traffic congestion; satisfy the requirements for fire prevention and fighting and environmental safety.

Article 40. Rights and responsibilities of enterprises and cooperatives conducting taxi transport business

1. Develop and correctly and sufficiently implement the traffic safety procedure as prescribed in Articles 4 and 5 hereof; establish departments responsible for managing and supervising satisfaction of traffic safety conditions as prescribed in Article 7 hereof.

2. Comply with the regulations laid down in Articles 14, 15 and 16 hereof.

3. Make regulations on drivers and attendants’ (if any) uniforms and name tags, driver ID cards; a name tag must contain a photo and full name of the driver, and name of the unit managing him/her, and may be used as a driver ID card.

4. Be entitled to use electronic devices to post information as prescribed in Clause 2 Article 38 hereof.

5. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 41. Rights and responsibilities of taxi drivers

1. Correctly comply with the traffic safety procedure set forth in Article 4 hereof.

2. Wear name tags and uniforms provided by enterprises and cooperatives.

3. Charge the fare that is shown on the meter or the notification on software; give passengers a receipt (or an e-invoice) after payment has been made in full.

4. Keep taxis tidy, do not use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify tracking device’s or camera’s data.

5. Provide passengers with information about the route upon request; instruct and assist passengers (especially passengers with a disability, pregnant women, the elderly and children) to get on and get off taxis.

6. Be entitled to refuse to transport passengers who pose threats to order, safety and security on taxis or who are suffering from a dangerous disease; do not transport banned, flammable or explosive goods, live animals, goods of unknown origin and dirty food.

7. Have the responsibility to refuse to operate the taxi if it is found that the taxi is not conformable to the safety conditions or fails to be fitted with a tracking device or camera or the tracking device or camera is out of order.

8. Calculate fares using software, during the transport, provide passengers with a device capable of showing the contents specified in Point c Clause 3 Article 6 of the Decree No. 10/2020/ND-CP and provide it to competent authorities upon request.

9. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 42. Rights and responsibilities of taxi passengers

1. Request drivers to provide information about the itinerary.

2. Pay the fare shown on the meter or ride hailing software and receive a receipt or invoice.

3. Comply with trip rules and instructions given by drivers.

4. Be entitled to make complaints or report violations against regulations on transport management committed by a transport business, driver or attendant and claim compensation for any damage (if any).

5. Exercise other rights and responsibilities in accordance with regulations of law.

Section 5. CONTRACTUAL PASSENGER TRANSPORT BUSINESS AND TOURIST TRANSPORT BUSINESS

Article 43. Regulations on automobiles involved in contractual passenger transport and tourist transport; identification of the same overlapping start and end points

1. Automobiles involved in contractual passenger transport shall comply with regulations set forth in Clause 1 Article 7 of the Decree No. 10/2020/ND-CP .

2. Automobiles involved in tourist transport shall comply with regulations set forth in Clause 1 Article 8 of the Decree No. 10/2020/ND-CP .

3. The following information shall be posted: name and phone number of the transport business

a) Minimum size: 20 cm in length and 20 cm in width;

b) Posting location: on two sides of head part of the automobile or on doors of the automobile.

4. The words “XE HỢP ĐỒNG” (“CONTRACTUAL VEHICLE”) must be made of reflective materials posted (fixed) on the front and rear glass of the automobile using the design given in the Appendix 10 hereto.

5. The words “XE DU LỊCH” (“TOURIST VEHICLE”) must be made of reflective materials posted (fixed) on the front and rear glass of a taxi using the design given in the Appendix 11 hereto.

6. Quantity, quality and arrangement of seats shall be conformable to the vehicles’ design.

7. Automobiles shall be equipped with emergency tools and usable and unexpired fire extinguishers in accordance with regulations.

8. Automobiles involved in contractual passenger transport must be issued with badges reading “XE HỢP ĐỒNG” (“CONTRACTUAL VEHICLE”) using the design given in the Appendix 12 hereto.

9. Automobiles involved in tourist transport must be issued with badges reading “XE Ô TÔ VẬN TẢI KHÁCH DU LỊCH” (“TOURIST AUTOMOBILE”) in accordance with regulations of law.

10. The badge must be attached beneath the inspection stamp in the top right hand corner of the vehicle’s front windshield.

11. Behind each seat or next to each bed, there must be a safety card (in Vietnamese language and English language) including the following main contents: seat belt guide (if available); guidelines for placing luggage; “no smoking” sign; instructions for use of electric system on the vehicle (if any); instructions for use of fire extinguishers and emergency hammers and emergency escape route.

12. The same overlapping start point (the first passenger pick-up location specified in the transport contract) and end point (the last passenger drop-off location specified in the transport contract) during tourist transport and contractual passenger transport is identified as a position on the road surface or position associated with an address containing a street name (route name) or an alley name in an urban area.

Article 44. Rights and responsibilities of contractual passenger transport businesses or tourist transport businesses

1. Develop and correctly and sufficiently implement the traffic safety procedure as prescribed in Articles 4 and 5 hereof; comply with the regulations laid down in Articles 14, 15, 16 and 54 hereof.

2. Transport businesses using automobiles with 09 seats (including the driver) or more shall comply with the regulations laid down in Articles 8, 9 and 13 hereof.

3. Contractual passenger transport businesses shall comply with the regulations prescribed in Clauses 3, 5 and 6 Article 7 of the Decree No. 10/2020/ND-CP. Tourist transport businesses shall comply with the regulations prescribed in Clauses 3 and 5 Article 8 of the Decree No. 10/2020/ND-CP .

4. Make internal regulations on drivers and attendants’ (if any) uniforms and name tags, driver ID cards; a name tag must contain a photo and full name of the driver, and name of the unit managing him/her, and may be used as a driver ID card.

5. Be entitled to use electronic devices to post information as prescribed in Clause 3 Article 43 hereof.

6. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 45. Rights and responsibilities of drivers involved in contractual passenger transport business and tourist transport business

1. Correctly comply with the traffic safety procedure set forth in Article 4 hereof.

2. Transport passengers in accordance with the itinerary and schedule already notified to the Department of Transport.  Wear name tags and uniforms provided by transport businesses.

3. Drivers involved in contractual passenger transport business shall comply with the regulations prescribed in Clause 3 through 7 Article 7 of the Decree No. 10/2020/ND-CP. Drivers involved in tourist transport business shall comply with the regulations prescribed in Clauses 3, 4 and 7 Article 8 of the Decree No. 10/2020/ND-CP .

4. Drivers using application software assisting transport connection during transport of passengers shall have a device to access the interface showing electronic transport contracts and list of passengers specified in the Appendix 13 hereof.

5. Keep vehicles tidy, do not use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify data from tracking devices or cameras fitted to vehicles (for vehicles required to be fitted with cameras).

6. Refuse to transport passengers who pose threats to security, order and safety on vehicles; refuse to transport banned, flammable or explosive goods or live animals.

7. Be entitled refuse to operate a vehicle if it is found that the vehicle is not conformable to the safety conditions, fails to be fitted with a tracking device or camera (for the vehicle required to be fitted with a camera) or the tracking device or camera is out of order.

8. Do not carry passengers beyond the seating capacity and do not carry passengers and goods in excess of the gross vehicle weight rating written on the certificate of technical and environmental safety inspection of automobiles; place luggage evenly in the luggage trunk to ensure that luggage are not displaced during their transport; do not transport banned, flammable and explosive goods, live animals and dirty food.

9. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Chapter V

TRUCKING BUSINESS

Article 46. Regulations on trucks

1. Trucks shall comply with the regulations set forth in Clause 6 Articles 9 and 14 of the Decree No. 10/2020/ND-CP .

2. Information shall be posted as prescribed in the Appendix 14 hereof.

3. Posting location:

a) Regarding trucks and tractor trucks: information shall be posted on the outer sides of the two doors of the cabin;

b) Regarding trailers and semi-trailers with containers: information shall be posted on outer sides of the containers.

c) Regarding trailers and semi-trailers without containers: information shall be posted on metal boards attached to the frames of the trailers or semi-trailers in a noticeable position.

4. Containers of trunks must have dimensions specified in the certificate of technical and environmental safety.

5. Vehicles must be equipped with emergency tools and usable and unexpired fire extinguishers in accordance with regulations.

6. The badge reading “XE CÔNG-TEN-NƠ” (“TRACTOR TRUCK”) shall be attached to containers using the design given in the Appendix 15 hereto; the badge reading “XE TẢI” (“TRUCK”) shall be attached to trucks using the design given in the Appendix 16 hereto; the badge reading “XE ĐẦU KÉO” (“TRACTOR”) shall be attached to tractor units attaching trailers or semi-trailers using the design given in the Appendix 17 hereto.

7. The badge must be attached beneath the inspection stamp in the top right hand corner of the vehicle’s front windshield.

Article 47. Regulations on transport certificates

1. Transport certificates shall be issued by transport businesses and comply with Clause 11 Article 9 of the Decree No. 10/2020/ND-CP .

2. A transport certificate bears the seal of a transport business and issued to a driver. In the case of a household business, its owner shall sign the transport certificate.

3. After loading goods onto a vehicle and before transport, the goods owner (or person authorized by the goods owner), or representative of the transport business or individual that loads goods onto a vehicle shall sign the transport certificate confirming that the goods have been loaded onto the vehicle in accordance with regulations.

Article 48. Rights and responsibilities of trucking businesses

1. Comply with the regulations laid down in Clauses 1, 2, 3 and 7 Articles 14, 15 and 54 hereof.

2. Develop and correctly and sufficiently comply with the traffic safety procedure set forth in Articles 4 and 5 hereof. Enterprises and cooperatives conducting tractor truck business must establish departments responsible for managing and supervising satisfaction as prescribed in Article 7 of this Circular; comply with the regulations laid down in Article 15 hereof.

3. Tractor truck businesses shall comply with Articles 8, 9 and 13 hereof.

4. Directly manage their vehicles and drivers to transport passengers:

a) via application software assisting transport connection; or

b) under transport contracts;

c) via transport certificates.

5. Decide transport tariffs.

6. Have the responsibility to disseminate regulations of law on vehicles’ payload to drivers; do not or request drivers to handle and transport goods in excess of the permissible payload; take joint responsibility if the vehicle under the management of the trucking business has its specifications changed against regulations or transports goods in excess of the permissible limits.

7. Assume responsibilities if drivers transport goods in excess of the permissible limits in accordance with regulations of law.

8. The truck business using application software assisting transport connection shall provide drivers with devices in order for them to access the interface showing electronic transport contracts and electronic transport contracts.

9. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 49. Rights and responsibilities of drivers involved in goods transport business

1. Correctly and sufficiently comply with the traffic safety procedure set forth in Articles 4 and 6 hereof.

2. Upon transporting goods, carry the transport certificate and other documents of the driver and vehicle in accordance regulations of law. Drivers using application software assisting transport connection shall have a device to access the interface showing electronic transport contracts and list of passengers specified in the Appendix 13 hereof.

3. Before transporting goods, the driver shall request the person responsible for goods loading shall sign the transport certificate confirming that the goods have been loaded onto the vehicle; refuse to transport goods if the goods loading fails to comply with regulations of law.

4. Be entitled refuse to operate a vehicle if it is found that the vehicle is not conformable to the safety conditions, fails to be fitted with a tracking device or camera (for the vehicle required to be fitted with a camera) or the tracking device or camera is out of order; the vehicle is loaded with goods in excess of the permissible payload.

5. Do not use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify tracking device’s or camera’s data.

6. Do not transport goods beyond the permissible payload or the vehicle’s dimensional limits written on the certificate of technical and environmental safety inspection of automobiles.

7. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Chapter VI

PROVISION, MANAGEMENT AND USE OF INFORMATION SPECIFIED IN TRANSPORT CONTRACTS, TRANSPORT CERTIFICATES AND TRANSPORT ORDERS

Article 50. General requirements for provision, management and use of information

1. Information and data shall be provided using the structure and format announced by the Directorate for Roads of Vietnam.

2. The information and data specified in Point d Clause 2, Point d Clause 3, Point d Clause 4 Article 51 hereof shall be provided and updated to the server of the Directorate for Roads of Vietnam prior to departure.

3. The information and data provided to the server of the Directorate for Roads of Vietnam in chronological order. The server of the unit transmitting data and server of the Directorate for Roads of Vietnam must be synchronized to national standard time using NTP (Network Time Protocol).

4. Information and data shall be provided in a timely, accurate and adequate manner and shall not be deliberately altered or falsified before, during or after transmission.

5. Information and data provided shall be used in accordance with the Government’s regulations on application of information technology to activities of regulatory agencies, used for state management of transport, management of activities of transport businesses and bus stations (for information specified in transport orders) and provided to pricing authorities, tax authorities, police authorities and transport inspectors upon request or upon handling of disputes and complaints.

Article 51. Regulations on provision of information

1. Information provided is divided into 02 types, including data default identification information and continually updated information about trips.

2. Regulations on provision of information specified in a transport contract:

a) Default identification information includes: name and TIN of the transport business; name and TIN of the data transmission software service provider (if hired by the transport business); name of the Department of Transport (that issues the transport business license); information about the vehicle (license plate, brand and seating capacity). Such information shall be associated with trip information specified in Point b of this Clause;

b) Information about each trip includes information about the hirer (name, address and phone number); information about the driver (full name of the driver, class and number of his/her driver’s license); number of the contract and date of signature; time of commencing and ending execution of the contract (date and time); departure and destination addresses and passenger pick-up and drop-off points on the itinerary (if available); trip distance (km); total number of passengers;

c) Contractual passenger transport businesses and tourist transport businesses shall provide and update information specified in the transport contract to the server of the Directorate for Roads of Vietnam according to the roadmap specified in Clause 5 Article 7 and Clause 5 Article 8 of the Decree No. 10/2020/ND-CP ;

d) The information specified in Points a and b of this Clause shall be continually provided to the server of the Directorate for Roads of Vietnam before the driver operates the vehicle to transport passengers.

3. Regulations on provision of information specified in a transport certificate:

a) Default identification information includes: name and TIN of the transport business; name and TIN of the data transmission software service provider (if hired by the transport business); name of the Department of Transport (that issues the transport business license); information about the vehicle (license plate, brand and seating capacity). Such information shall be associated with trip information specified in Point b of this Clause;

b) Information about each trip includes information about the hirer (name, address and phone number); information about the driver (full name of the driver, class and number of his/her driver’s license); number of the contract and date of signature; time of commencing and ending execution of the contract (date and time); departure and destination time and addresses; number of contract and date of signature (if available); types of goods and weight (kg) of goods the vehicle carries;

c) Goods transport businesses shall provide and update information specified in transport certificates to the server of the Directorate for Roads of Vietnam according to the roadmap specified in Clause 11 Article 9 of the Decree No. 10/2020/ND-CP ;

d) The information specified in Points a and b of this Clause shall be continually provided to the server of the Directorate for Roads of Vietnam before the driver operates the vehicle to transport goods.

4. Regulations on provision of information specified in a transport order:

a) Default identification information includes: name and TIN of the enterprise or cooperative conducting transport business; name and TIN of the data transmission software service provider (if hired by the enterprise or cooperative or bus station); name of the Department of Transport (that issues the transport business license); name and code of the station (departure/arrival terminal in the case of the bus route); information about the vehicle (license plate, brand and seating capacity); information about the route (route code, departure station, arrival station (departure/arrival terminal in the case of the bus route)); departure time. Such information shall be associated with trip information specified in Point b of this Clause;

b) Information about each trip includes information about the hirer (full name, class and number of the driver’s license); actual departure time; number of passengers upon departure;

c) Bus stations, enterprises and cooperatives conducting fixed-route passenger transport business or bus transport business shall provide information specified in the transport order of each trip to the server of the Directorate for Roads of Vietnam according to the roadmap specified in Clause 8 Article 4 and Clause 4 Article 5 of the Decree No. 10/2020/ND-CP ;

d) The information specified in Points a and b of this Clause shall be continually provided to the server of the Directorate for Roads of Vietnam within 03 minutes from the departure.

Article 52. Responsibilities of the Directorate for Roads of Vietnam

1. Install, manage, upgrade and maintain hardware, software and transmission lines to receive, store, process, exploit and use data according to the roadmap specified in Clause 8 Article 4, Clause 4 Article 5, Clause 5 Article 7, Clause 5 Article 8 and Clause 11 Article 9 of the Decree No. 10/2020/ND-CP .

2. Build data structures and formats and protocols in order for units to transmit data to the server of the Directorate for Roads of Vietnam.

3. Exploit and use information on the software of the Directorate for Roads of Vietnam to serve state management of transport:

a) Supervise and take actions or request a competent authority to take actions against violations committed by transport businesses, bus stations and drivers; request a competent authority to take actions against violations committed by Departments of Transport;

b) Serve scientific research and handling of disputes and complaints (if any).

4. Provide guidelines for use, updating, exploitation and management of software to officials of Departments of Transport; provide usernames and passwords for access to the software of the Directorate for Roads of Vietnam to Departments of Transport and relevant agencies and organizations.

5. Store data on the software of the Directorate for Roads of Vietnam for at least 03 (three) years; maintain confidentiality and safety of such data.

Article 53. Responsibilities of Departments of Transport

1. Exploit and use information from the software of the Directorate for Roads of Vietnam to serve state management of transport:

a) Supervise and impose penalties for violations against regulations on transport on transport businesses;

b) Serve the handling of disputes and complaints (if any).

2. Inspect, update and ensure the accuracy of the data transmitted by transport businesses and bus stations to the Directorate for Roads of Vietnam, including names of Departments of Transport; information about transport businesses; information about bus stations; information about vehicles; business type of transport businesses within provinces.

3. Deploy officials to supervise, exploit and use data from the software of the Directorate for Roads of Vietnam.

4. Keep confidentiality of usernames and passwords used to access, exploit and data from the software of the Directorate for Roads of Vietnam.

5. Request transport businesses under their management to take actions against violations committed by drivers.

6. Delegate or request a competent authority to delegate responsibilities to transport businesses and bus stations within provinces as prescribed.

Article 54. Responsibilities of transport businesses and bus station operators

1. Install, manage and maintain data processing hardware and software and transmission lines in such a way that they are connected, transmit data to and are compatible with data receiving software of the Directorate for Roads of Vietnam;

2. Accurately, sufficiently and promptly transmit (update), do not deliberately alter or falsify data and promptly transmit (update) the data specified in Article 51 hereof to the server of the Directorate for Roads of Vietnam.

3. Supervise and inspect accuracy of information about vehicles and drivers, and type of business in which vehicles under their management are involved. Deploy officials to supervise, exploit and use data to serve management and operation of transport activities.

4. Store compulsory information for at least 03 (three) years.

5. Provide accounts (usernames and passwords) for access to vehicle management software to competent authorities upon request.

6. Directly implement regulations specified in Clauses 1, 2 and 4 of this Article or hire a software service provider to do so under a contract.

7. Assume other responsibilities in accordance with relevant regulations of law.

Chapter VII

REGULATIONS ON MANAGEMENT AND PROVISION OF SUPPORTING SERVICES FOR ROAD TRANSPORT

Article 55. Regulations on parking lots

1. Requirements applied to a parking lot

a) Maintain security and order; satisfy requirements for fire safety and environmental safety;

b) Arrange entrances and exits in a manner that ensures safety and avoids traffic congestion.

2. Services at the parking lot:

a) Parking service;

b) Vehicle maintenance service;

c) Other services prescribed by law.

3. Regulations on units managing parking lots and providing parking lot services

a) Maintain security, order, environmental safety and fire safety at parking lots;

b) Openly post regulations, prices of services, name and phone number of the regulatory body with which vehicle owners can file their complaints when necessary;

c) Indemnify the customers for the loss or damage of the parked vehicles;

d) Facilitate the examination and supervision by competent agencies;

dd) Provide the services specified in Clause 2 of this Article;

e) Collect parking fees;

g) Do not allow owners of vehicles involved in transport business to pick up or drop off passengers, load, unload, package or store goods in parking lots;

h) Be entitled to refuse to serve vehicle owners who fail to comply with the regulations on parking lots.

4. Responsibilities and rights of vehicle owners or drivers at a parking lot

a) Comply with the regulations and instructions given by the parking lot operator;

b) Be entitled to choose to use services rendered at the parking lot;

c) Be entitled to file complaints with competent agencies about violations committed staff of the parking lot.

5. Every Department of Transport shall advise the provincial People’s Committee on organizing and managing operation of parking lots within its province.

Article 56. Regulations on bus station operators

1. Notify the Department of Transport of their regulations on rights, responsibilities, lists, titles and signatures of persons assigned to check and make certification on transport orders.

2. Correctly and sufficiently implement regulations on bus stations according to the National technical regulation on bus stations promulgated by the Minister of Transport; establish and correctly and sufficiently implement the traffic safety procedure as prescribed in Article 6 hereof.

3. Manage and apply information from the station management software as prescribed.

a) Run station management software and information specified in Clause 3 Article 51 hereof to the server of the Directorate for Roads of Vietnam within 03 minutes from the time information is updated to the bus stations’ software. Data must be transmitted adequately and accurately, must not be deliberately altered or falsified before, during and after transmission;

b) Information provided by bus stations shall be used for state management of transport and management of activities of transport businesses and bus station operators and provided to police authorities and transport inspectors upon request;

c) Provide usernames and passwords for access to the bus station management software to specialized regulatory agencies upon request;

d) Update and store information about vehicles and transport businesses operating at bus stations and the information mentioned in Point a of this Clause for at least 03 years;

dd) Directly implement the regulations specified in Points a, c and d of this Clause or authorize a service provider to do so under a contract.

4. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 57. Regulations on goods stations

1. Comply with all regulations set forth in the National technical regulation on stations.

2. Services rendered at a goods station

a) Entry and departure services;

b) Goods loading and unloading services;

c) Parking services;

d) Other services supporting goods transport as prescribed by law.

3. Regulations on goods station operators

a) Comply with the regulations specified in Clause 13 Article 3, Clause 1 and Point b Clause 2 Article 11, Clause 2 Article 21 of the Decree No. 10/2020/ND-CP and regulations laid down in Article 6 hereof;

b) Maintain security, order, environmental safety and fire safety at goods stations;

c) Openly post regulations, prices of services, name and phone number of the local Department of Transport with which vehicle owners can file their complaints when necessary;

d) Indemnify service users for the loss or damage of property or goods during the course of service provision under the contract or by negotiation between the two parties or according to the court’s or arbitrator’s award.

dd) Facilitate the examination and supervision by competent agencies;

e) Provide the services specified in Clause 2 of this Article;

g) Collect fees for entry and departure services as prescribed;

h) Do not allow owners of vehicles involved in transport business pick up or drop off passengers in goods stations;

i) Be entitled to serve customers that fail to comply with regulations on goods stations;

k) Assume other responsibilities in accordance with regulations of the Law on Road Traffic and other relevant regulations of law.

4. On a monthly basis, every Department of Transport shall publish the list of goods station in its province on its website.

Article 58. Regulations on ticket agencies

1. Each ticket agency shall obtain the certificate of business registration (or the Certificate of enterprise registration) in accordance with regulations of law.

2. The ticket agency contract with a fixed-route auto passenger transport business shall include the specific provisions on the obligations and rights of the parties.

3. Transport businesses and ticket agency service providers must not pick up or drop off passengers at the place in which the ticket agency is located, unless the location of the ticket agency is also the passenger pick-up and drop-off location announced by the local Department of Transport.

Article 59. Regulations on goods transport agencies

1. Each goods transport agency shall obtain the certificate of business registration (or the Certificate of enterprise registration) in accordance with regulations of law.

2. Each goods transport agency shall be paid for agent services by negotiation with the goods owners and this shall be specified in the contract.

Article 60. Regulations on goods collection services, transport services and warehousing services

1. Each service provider shall obtain the certificate of business registration (or the Certificate of enterprise registration) in accordance with regulations of law.

2. Goods shall be stored at the request of goods owners. A contract on the collection and transport of goods or the lease of warehouse shall be signed with the goods owner.

3. Goods loaded onto vehicles must not exceed the permissible payload written on the certificate of technical and environmental safety inspection of automobiles.

Article 61. Regulations on road rescue service

1. Each road rescue service provider shall obtain the certificate of business registration (or the Certificate of enterprise registration) in accordance with regulations of law.

2. Before conducting business, each road rescue service provider shall send a written notification to the Department of Transport and provincial police authority with which its business is registered, including: name, address and phone number of the legal representative; a copy of the certificate of business registration or the certificate of enterprise registration and list of rescue vehicles. A notification of addition shall be sent upon any change of the aforementioned information is made during the course of business.

3. Traffic safety and occupational safety shall be ensured during the rescue process.

Chapter VIII

RESPONSIBILITIES OF REGULATORY AGENCIES

Article 62. The Directorate for Roads of Vietnam

The Directorate for Roads of Vietnam has the responsibility to:

1. Manage auto transport and supporting services for road transport nationwide within its power.

2. Assume the responsibilities set out in Articles 11 and 52 hereof.

3. Preside over submitting a consolidated list of inter-provincial fixed route networks to the Ministry of Transport.

4. Preside over and cooperate with the Vietnam Automobile Transportation Association in designing documents and framework program to provide professional training to attendants of transport businesses and submit them to the Ministry of Transport for promulgation.

5. Consistently print and issue auto transport business licenses, badges and signboards (except for the badge exclusively intended for taxis travelling locally). Announce information structures, devices and procedures for checking information on the QR code on badges.

6. Apply information technology to transport management and supporting services for road transport nationwide.

a) Preside over building technological infrastructure and database of road transport and make regulations on connection, sharing and inter-connection of tracking data and images from cameras fitted to vehicles, registration, training, issuance and revocation of driver’s licenses among regulatory agencies;

b) Preside over designing auto transport business management software (including vehicle and driver management), nationwide fixed route management software and nationwide station management software;

c) Preside over building an online public service system, including procedures for issuance and replacement of auto transport business licenses and badges and procedures for applying for operation of fixed routes; supervise, expedite and inspect the handling of administrative procedures by Departments of Transport; suggest upgrading of online public services to handle administrative procedures related to transport and supporting services for road transport.

7. Connect or share data on auto transport business management, image data from cameras and data from vehicle tracking devices with those of police authorities (Traffic Police Department and provincial Traffic Police Divisions), Ministry of Finance (General Department of Taxation and provincial Departments of Taxation) for cooperation in state management of traffic order and safety; security and public order; taxation. The agencies requesting for connection or sharing shall pay the costs of connecting or sharing data from the Directorate for Roads of Vietnam.

8. Conduct inspections and put up double-decker sleeper bus speed limit signs at necessary positions, especially mountainous areas and at dangerous turns on highways.

9. Conduct inspections and handle within its power violations against regulations on management of transport, business activities and conditions for auto road transport business and supporting services for road transport in accordance with regulations of law.

10. Preside over and cooperate with relevant agencies in transport sector in providing instructions on and supervising the implementation of this Circular.

Article 63. Departments of Transport

Every provincial Department of Transport has the responsibility to:

1. Manage auto transport and supporting services for road transport in its province within its power.

2. Assume the responsibilities set out in Articles 12 and 53 hereof.

3. Notify the Directorate for Roads of Vietnam of auto transport and supporting services for road transport in its province.

4. Submit the following to the provincial People’s Committee for approval or announcement:

a) List of bus route networks, list of provincial fixed route networks; passenger pick-up and drop-off locations along fixed routes in the road network within its province;

b) Incentive policies for bus passengers and bus transport businesses in its province;

c) Economical – technical norms for bus transport in its provinces for subsidized routes.

d) Vehicle development and management plans suitable to people’s travel demands and current state of road infrastructure in its province.

dd) Specific regulations on management of shuttle buses in their provinces.

5. Decide to approve running timetables for bus routes; open, suspend, adjust running timetables, itineraries and trip frequency for bus routes in its province.

6. Decide to put bus stations into operation as prescribed.

7. Receive, consolidate, analyze, exploit and use compulsory information from vehicles' tracking devices provided by transport businesses (or authorized organizations) and from the database of the Directorate for Roads of Vietnam with a view to state management of transport.

8. Establish database and build a website for management of transport business in its province. Provide online public services to handle administrative procedures related to auto transport and supporting services for road transport as prescribed.

9. Update data upon request and be provided with usernames and passwords for access to the nationwide station management software and driver management software of the Directorate for Roads of Vietnam to exploit and use data from the software to serve state management of stations and drivers in its province.

10. Issue auto transport business licenses to passenger transport businesses and goods transport businesses in its province.

11. Manage, issue and re-issue badges as prescribed.

12. Direct, supervise and inspect the provision of training in transport and dissemination of regulations of law on transport to attendants, and education about responsibilities and professional ethics of drivers organized by enterprises and cooperatives conducting transport business or Vietnam Automobile Transportation Association or local Automobile Transportation Association.

13. Put passenger pick-up and drop-off points along fixed routes into operation in its province after obtaining approval by the provincial People’s Committee.

14. Manage passenger transport by double-decker sleeper buses

a) Inspect and supervise units using double-decker sleeper buses;

b) Conduct inspection and put up double-decker sleeper bus speed limit signs at necessary positions, especially mountainous areas and at dangerous turns on routes under its management.

15. Conduct inspections and handle within its power violations against regulations on management of transport, business activities and conditions for auto road transport business and supporting services for road transport in accordance with regulations of law.

16. Before the fifteenth of every month, publish a list of vehicles (license plates, types of issued badges and effective period of the badges) and transport businesses (their names, types of business and effective period of the auto transport business licenses); list of vehicles whose badges are revoked or suspended; list of transport businesses whose auto transport business licenses are revoked or suspended) on its website to serve inspection and supervision.

Chapter IX

IMPLEMENTATION AND EFFECT

Article 64. Reporting regulations

1. By the twentieth of every month, every transport business or bus station operator shall submit a report on transport activities in the previous month to the Department of Transport. The form of the report on passenger transport is given in the Appendix 18 hereto. The form of the report on goods transport is given in the Appendix 19 hereto. The form of the report on activities of bus stations and goods stations is given in the Appendix 20 hereto.

2. By December 20, every Department of Transport shall submit a report on its transport activities to the Directorate for Roads of Vietnam, which will submit a consolidated report to the Ministry of Transport in February. The form of the report on transport activities is given in the Appendix 21 hereto.

Article 65. Effect

1. This Circular comes into force from July 15, 2020.

2. The following Circulars are abolished: Circular No. 63/2014/TT-BGTVT dated November 07, 2014; Circular No. 60/2015/TT-BGTVT dated November 02, 2015; Circular No. 92/2015/TT-BGTVT dated December 31, 2015; and Circular No. 10/2015/TT-BGTVT dated April 15, 2015 of the Minister of Transport.

3. The issuance and use of badges for automobiles involved in transport business shall comply with Clause 6 Article 36 of the Decree No. 10/2020/ND-CP and designs of badges specified in the Circular No. 63/2014/TT-BGTVT dated November 07, 2014 and Circular No. 60/2015/TT-BGTVT dated November 02, 2015 shall remain effective until December 31, 2020.

4. Forms of auto transport business licenses and designs of badges specified in this Circular shall take effect from January 01, 2021.

Article 66. Responsibility for implementation

Chief of the Ministry Office, Chief Inspector of the Ministry, Directors General, directors of provincial Departments of Transport, heads of relevant agencies, units and individuals are responsible for the implementation of this Circular./.

 

 

PP. THE MINISTER
THE DEPUTY MINISTER




Le Dinh Tho

 

 


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This translation is made by THƯ VIỆN PHÁP LUẬT and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

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Thuộc tính Văn bản pháp luật 12/2020/TT-BGTVT

Loại văn bảnThông tư
Số hiệu12/2020/TT-BGTVT
Cơ quan ban hành
Người ký
Ngày ban hành29/05/2020
Ngày hiệu lực15/07/2020
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Lược đồ Circular 12/2020/TT-BGTVT organization and management of auto transport operations


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                Circular 12/2020/TT-BGTVT organization and management of auto transport operations
                Loại văn bảnThông tư
                Số hiệu12/2020/TT-BGTVT
                Cơ quan ban hànhBộ Giao thông vận tải
                Người kýLê Đình Thọ
                Ngày ban hành29/05/2020
                Ngày hiệu lực15/07/2020
                Ngày công báo...
                Số công báo
                Lĩnh vựcGiao thông - Vận tải
                Tình trạng hiệu lựcChưa có hiệu lực
                Cập nhậtTuần trước
                (27/06/2020)

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                            Văn bản gốc Circular 12/2020/TT-BGTVT organization and management of auto transport operations

                            Lịch sử hiệu lực Circular 12/2020/TT-BGTVT organization and management of auto transport operations

                            • 29/05/2020

                              Văn bản được ban hành

                              Trạng thái: Chưa có hiệu lực

                            • 15/07/2020

                              Văn bản có hiệu lực

                              Trạng thái: Có hiệu lực