Thông tư 14/2010/TT-BGTVT

CIRCULAR

PROVIDING FOR ORGANIZATION AND MANAGEMENT OF TRANSPORTATION BY AUTOMOBILE

Pursuant to the November 13, 2008 Law on Road Traffic;
Pursuant to the Government's Decree No. 91/ 2009/ND-CP of October 21, 2009, on road transport business and business conditions;
Pursuant to the Government's Decree No. 51/ 2008/ND-CP of April 28, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
The Ministry of Transport provides for organization and management of transportation by automobile as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides provisions on organization and management of passenger and cargo transportation by automobile.

Article 2. Subjects of application

This Circular applies to agencies, organizations and individuals that conduct or are involved in the commercial transportation by automobile.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Transportation itinerary means a given route which specifically indicates the place of departure, the place of arrival, stops and stopovers.

2. Transportation schedule means a period of time fixed for an itinerary from the time of departure to the time of arrival.

3. Transportation chart means a plan showing transportation itineraries and schedules of different trips within a certain time cycle.

4. Transportation timetable means a table showing times of departure from a terminal of different trips during a given period of time drawn up by a route management agency for a certain time cycle and notified to enterprises and cooperatives for participation registration.

5. Bus stop means a place at which buses must stop to discharge and take on passengers as designated by a competent agency.

Article 4. General requirements

1. For transportation business units:

a/ Ensuring that the number of days on which good vehicles are available is always equal to at least 3.10% of the number of days when vehicles are used for transportation business under their business plans (applicable only to passenger transportation on fixed routes):

b/ Having business plans on transportation by automobile which have at least the contents specified in Appendix 1 to this Circular (not printed herein):

c/ Having business licenses for transportation by automobile for types of transportation subject to licensing. Applications for these licenses shall be made and these licenses shall be issued according to forms provided in Appendices 2 and 3 to this Circular (not printed herein).

2. Enterprises and cooperatives conducting transportation by automobile on fixed routes or bus or container cargo transportation must have sections to manage and monitor the traffic safety conditions which have the following tasks:

a/ Supervising, summarizing and analyzing the observance of regulations on traffic order and safety;

b/ Inspecting vehicles' conditions on technical safely and environmental protection before they are operated;

c/ Managing information on itineraries, operation speeds, number and time of stops. number of times of opening or closing doors (except container trucks), daily driving time of each driver counted by the vehicle tracking device (below referred to as compulsory information).

Article 5. Installation and management of. and reference to information from, vehicle tracking devices

1. Requirements on vehicle tracking devices:

a/ Having been inspected by the register office under regulations;

b/ Being constantly updated and capable of storing all compulsory information.

2. Business units shall:

a/ Install, exploit and manage information on vehicle tracking devices installed on their vehicles under regulations;

b/ Maintain good technical conditions throughout the course of transportation business;

c/ Update compulsory information and store it in a systematic manner for at least 1 (one) year;

d/ Provide compulsory information in a timely and adequate manner to competent state management agencies upon request.

Article 6. Registration and public notification of service quality by enterprises or cooperatives conducting passenger transportation on fixed routes, by bus or taxi

1. Contents of transportation service quality registration:

a/ For vehicles: vehicle brand (model), number of seats, year of manufacture, equipment and devices for passenger attendance:

b/ For drivers and conductors: completion of training courses on passenger transportation and traffic safety, communication and passenger attendance skills held by enterprises or cooperatives:

c/ Transportation organization plan: implementation of the operation plan on the transportation route or itinerary, and assurance of traffic safety;

d/ Benefits of passengers, including insurance and quantity of luggage carried along free of freight;

e/ Process of receiving and processing of feedbacks of passengers and reports of the mass media, and receipt of such feedbacks:

f/ Passenger services provided en route.

2. Registration dossier:

a/ A written registration of transportation service quality, made according to a form provided in Appendix 4 to this Circular (not primed herein):

b/ A copy of a certificate of service quality management under the ISO system, for enterprises or cooperatives possessing such certificate.

3. Process of receiving dossier, the route management agency shall:

a/ Receive 1 (one) dossier set registered by an enterprise or a cooperative, and give certification thereon;

b/ Monitor and inspect the posting by enterprises or cooperatives and fulfillment of their commitments.

4. Posting:

a/ Posting on vehicles: fare rate, available services specified at Point g, Clause 1 of this Article, hotline number of the enterprise or cooperative;

b/ Posting at terminals or ticket offices (applicable only to enterprises or cooperatives conducting passenger transportation on fixed routes): time of departure from the terminal, number of trips, type of vehicles, fare rate, transportation itinerary (including stops and stopovers and stoppage duration), passenger services provided en route, passenger insurance, freight-free luggage, and telephone number for receiving passenger feedbacks.

Chapter II

PASSENGER TRANSPORTATION BY AUTOMOBILE

Section I. PASSENGER TRANSPORTATION BY AUTOMOBILE ON FIXED ROUTES

Article 7. Conditions for establishing a route

1. There is a system of roads which are safe and open for operating passenger vehicles according to a transportation itinerary and schedule.

2. There are terminals of departure and arrival already inspected by competent agencies for operation.

3. There are enterprises or cooperatives registering to conduct passenger transportation by automobile on a fixed route.

Article 8. Requirements on vehicles used for transportation

1. Displaying the name and telephone numbers of the enterprise or cooperative on the front parts of both outer sides of their bodies or doors.

2. Having numbered seats.

3. At a time, each vehicle may be registered for use on no more than 2 (two) fixed routes of passenger transportation.

Article 9. Opening of routes

1. Enterprises or cooperatives already licensed to conduct transportation by automobile may register for opening new routes.

2. A new route is the one that has any of the following elements not the same with that of a notified route: terminal of departure, terminal of arrival or itinerary.

3. For a new route with less than 70% of its itinerary identical to that of a publicly notified
route, procedures for trial operation shall be carried out under Clauses 5 thru 9 of this Article.

4. For a new route with 70% or more of its itinerary identical to that of a publicly notified route, the route-opening enterprise or cooperative shall make a written request for public notification of the route according to Appendix 8 (not printed herein) and a dossier for registration of route operation under Article 5 of this Article and send them to the route management agency.

5. A dossier for registration of route opening comprises:

a/ A written registration, made according to a form provided in Appendix 5 (not printed herein);

b/ A plan on passenger transportation by automobile on a fixed route, made according to

a form provided in Appendix 6 (not printed herein);

c/ Copies of written registrations of vehicles to be used for transportation on the route (except vehicles already listed upon registration by the enterprise or cooperative for a license), enclosed with their originals for comparison;

d/ Copies of the contract and the written the criteria for establishing routes, publicly notify the new route according to a form provided in Appendix 9 (not printed herein). Only enterprises or cooperatives that have joined in the trial operation of a route for at least 4 (four) consecutive months may continue operating the route for 12 (twelve) months following the public notification of the route. Other enterprises or cooperatives may only register for operation of the route 12 (twelve) months after the public notification of the route.

2. For a new route with 70% or more of its itinerary identical to that of a publicly notified route, upon registration for opening of a new route by an enterprise or a cooperative, the route management agency shall publicly notify the route for operation under regulations but will not require trial operation of the route.

3. A public notification of a fixed route of passenger transportation contains the following details:

a/ Terminal of departure and terminal of arrival;

b/ Transportation itinerary; c/ Distance of transportation; d/ Route code.

4. Management of route codes: Route code means a sequence of numerals arranged in the following order: code of the locality of departure, code of the locality of arrival, code of the terminal of departure and code of the terminal of arrival. For routes with the same place of departure or arrival but with different itineraries, an ordinal number shall be added at the end of the sequence.

5. Competence to publicly notify routes:

a/ The Directorate for Roads of Vietnam shall publicly notify inter-provincial passenger transportation fixed routes covering a distance of over 1,000 (one thousand) km;

b/ Provincial-level Transport Departments shall publicly notify inter-provincial passenger transportation fixed routes covering a distance of up to 1.000 (one thousand) km and provincial passenger transportation fixed routes.

Article 11. Registration of route operation

1. Enterprises or cooperatives may register for joining in the operation of a fixed route of passenger transportation only when they achieve an average passenger seat occupancy rate of over 50% on the route.

2. The passenger seat occupancy rate of an enterprise or a cooperative is determined by dividing the total number of passengers departing from both terminals of departure and arrival in all trips in the last 6 (six) consecutive months by the date of registration for route operation by the total number of passenger seats of vehicle trips during this period.

3. Dossiers of operation registration shall be made according to Clause 5, Article 9 of this Circular.

4. Dossiers of operation registration shall be addressed to:

a/ The Directorate for Roads of Vietnam, for routes covering a distance of over 1,000 (one thousand) km;

b/ Provincial-level Transport Departments in localities in which enterprises or cooperatives are headquartered or base their branches, for routes covering a distance of up to 1.000 (one thousand) km.

5. Processing of dossiers:

a/ For an incomplete or invalid dossier, the route management agency shall, within 5 (five) working days after receiving the dossier, notify the concerned enterprise or cooperative of contents which need to be supplemented or modified;

b/Within 5 (five) working days after receiving a complete and valid dossier: For routes covering a distance of over 1,000 (one thousand) km, the Directorate for Roads of Vietnam shall send a written request to the provincial-level Transport Departments in the localities of the starting and ending points of the routes for their comments. For a route jointly managed by provincial-level Transport Departments in the localities of the starting and ending points, the provincial-level Transport Department in the locality in which the enterprise or cooperative which registers for route operation is headquartered or bases its branch shall send a written request to the other provincial-level Transport Department for comment as requested by the enterprise or cooperative;

c/ Within 10 (ten) working days after receiving a written request, the provincial-level Transport Department shall give its comments. Past that time limit, the provincial-level Transport Department is regarded as having agreed with the operation registration;

d/ Within 20 (twenty) working days after receiving a complete and valid dossier, the route management agency with which the enterprise or cooperative has registered shall give written approval of operation of the inter-provincial fixed route of passenger transportation by automobile. In case of disapproval, it shall reply in writing, clearly stating the reason.

6. If the enterprise or cooperative fails to organize the route operation 30 (thirty) days after obtaining the approval of route operation, such approval will no longer be valid.

7. A written approval is valid for an indefinite time and only when the relevant license for transportation by automobile remains valid.

Article 12. Addition of vehicles for use in route operation

1. An enterprise or cooperative currently operating a route may add vehicles for operation on the route. The addition of vehicles which will result in an increase in the number of trips on a route currently operated by an enterprise or cooperative may be made only when its average passenger seat occupancy rate on the route surpasses 50%.

2. An average passenger seat occupancy rate of an enterprise or a cooperative is determined by dividing to the total number of passengers departing from both terminals of departure and arrival in all trips in the last 6 (six) consecutive months by the date of registration by the total number of passenger seats of vehicle trips during this period.

3. Dossiers for registration of vehicle addition shall be made under Points b, c and d, Clause 5, Article 9 of this Circular. For an incomplete or invalid dossier, the route management agency shall notify such in writing to the registering enterprise or cooperative within 2 (two) days after receiving the dossier.

4. The order and procedures for approving vehicle addition resulting in an increase of trips on a route comply with Article 11 of this Circular.

Article 13. Replacement of vehicles operating on passenger transportation fixed routes

Enterprises or cooperatives currently operating passenger transportation fixed routes may replace vehicles on their lists of vehicles already registered with the route management agency. In case replacing vehicles have no badges for running on the route, they shall carry out procedures to apply for badges, made according to a form provided in Appendix 10 (not printed herein), under Articles 41 and 42 of this Circular.

Article 14. Termination of operation of routes or vehicles

1. The agency that has publicly notified a route shall make publicly notify the termination of operation of that route according to a form provided in Appendix 7 (not printed herein) when any of the criteria for establishing a route specified in Article 7 of this Circular is no longer satisfied.

2. When enterprises or cooperatives currently operating a passenger transportation fixed route no longer need to operate the route or reduce the number of trips currently operated on the route. they shall notify such to the route management agency 10 (ten) days in advance.

3. Within 2 (two) working days after receiving a written request for route operation termination, the route management agency shall publicly notify such to other enterprises or cooperatives for operation registration.

Article 15. Daily log books

1. A daily log book contains the following details: terminal of departure, terminal of arrival. trip itinerary, date and time of departure from the terminal, number of passengers, vehicle plate number, serial number of the certificate of technical safety and environment protection inspection, inspection duration, full name of the driver, number of the driver license, full names of attendants on the vehicle.

2. Daily log books shall be made according to a form provided in Appendix 11 (not printed herein) and issued by provincial-level Transport Departments for vehicles approved for use for operation.

3. The following entities shall take responsibility for information in a log book:

a/ Terminal management: for terminal of departure, terminal of arrival, actual time of departure from the terminal and number of passengers;

b/ Transportation enterprise or cooperative: for other information details.

Article 16. Elaboration, adjustment and implementation of transportation timetables

1. The route management agency shall elaborate, implement, revise or publicly notify timetable of transportation on routes to meet management requirements and travel needs of passengers.

2. Enterprises or cooperatives shall conduct transportation business on the basis of transportation timetables issued by the route management agency on the following principles:

a/ Enterprises or cooperatives registering earlier will be selected for registration of operation in the remaining unregistered time in the transportation chart;

b/ In case travel needs of passengers on the route are sufficient for addition of vehicles under Clauses I and 2, Article 12 of this Circular. depending on the actual passenger flow, the route management agency may adjust the chart by adding trips either in between current trips with large numbers of passengers or at extra time in the current chart.

Article 17. Withdrawal of approvals of route operation

1. The route management agency that has issued a written approval of route operation shall withdraw such approval when the enterprise or cooperative operating the route commits a breach specified in Clause 2 of this Article.

2. An enterprise or a cooperative will have written approval of trial operation or route operation withdrawn when any of the following breaches occurs:

a/ Vehicles operating on the route whose badges are withdrawn account for 30% or more of the total number of vehicles;

b/ Only under 70% of trips indicated in the approved transportation chart for a month are performed.

Article 18. Rights and responsibilities of enterprises or cooperatives

1. To refund at least 70% of fare amounts to passengers who have purchased fares but refuse to take the trip at least 30 minutes before the vehicle departs from the terminal.

2. To ensure that their vehicles operating on routes covering a distance of over 300 km stop at stopovers en route and their drivers' driving time comply with regulations.

3. To apply measures to inspect and supervise their vehicles en route in observing regulations on discharging and taking on passengers at terminals, and prevent these vehicles from picking up or discharging passengers not al terminals.

Article 19. Rights and responsibilities of drivers and conductors

1. Drivers shall strictly observe operation charts already approved by the route management agency and realize set itineraries and schedules. take on passengers at terminals of departure and discharge passengers at terminals of arrival and refrain from picking up and discharging passengers not at terminals or stops en route.

2. Conductors shall guide trip rules to passengers and help passengers who are disabled. the elderly, pregnant women or women with small children.

Article 20. Rights and responsibilities of passengers on vehicles

1. To request enterprises or cooperatives to provide services according to their publicly notified service quality commitments.

2. To be refunded fare amounts under Clause 1. Article 18 of this Circular.

3. To start their trips at terminals of departure and end their trips at terminals of arrival.

Section II. PASSENGER TRANSPORTATION BY BUS

Article 21. Posting up of information on buses

1. The following information must be posted up on the outer sides of a bus:

a/ Identification number, starting and ending points of the route, on the upper part of the windshield;

b/ Fare rate and telephone number of the enterprise or cooperative, on both sides of the bus body.

2. The following information must be posted up on the inner sides of a bus:

a/ Itinerary of the bus route;

b/ Responsibilities of bus passengers;

c/ Some principal contents of the service quality commitment of the enterprise or cooperative.

Article 22. Registration of typical paint colors

1.Before putting its buses into operation, an enterprise or a cooperative shall register a typical paint co for according to a form provided in Appendix 15 (not printed herein).

2. Registration of a typical paint color shall be sent to the provincial-level Transport Department of the locality in which the enterprise or cooperative is headquartered or bases its branch. The provincial-level Transport Department shall only receive and certify these registrations of enterprises or cooperatives and publicly notify them.

Article 23. Starting and ending points of bus routes, stops and bus shelters

1. Starting and ending points of a bus route:

a/ Starting and ending points of a bus route must ensure an enough space for buses to make a U-turn or park and conditions for traffic order and safety;

b/ At starting and ending points of a bus route there must be an information board showing the following details of the route: the name, identification number, itinerary and daily operation time of the route; trip frequency; telephone numbers of the managing agency and the enterprise or cooperative; c/ There must be bus shelters and other auxiliary works.

2. Bus stops:

a/ The area of a bus stop for passengers to board or leave must be marked with painted lines;

b/ At each bus stop there must be a signboard put up under regulations. A bus stop signboard must show identification numbers, names (starting and ending points) and itineraries of bus routes running through such stop;

c/ At a bus stop with a pavement width of 4 m or more in urban centers or a roadside of 1.5 m or more in suburban areas there must be a shelter;

d/ At bus stops with an access for the disabled there must be a ramp and auxiliary work items convenient for the disabled.

3. Bus shelters:

a/ Model bus shelters shall be uniformly provided by provincial-level Transport Departments;

b/The following minimum information must be posted up in bus shelters: identification number, itinerary and daily operation duration of the route, trip frequency, telephone number of the agency or unit directly managing the route, map or plan of the route network;

c/ For bus shelters accessible to the disabled, there must be ramps and auxiliary work items convenient for the disabled.

Article 24. Management of investment in building of infrastructure facilities for passenger transportation by bus

1. The system of starting points, ending points, stops, signboards, bus shelters, interchanges and lanes exclusively for buses shall be built according to current standards and regulations.

2. Funds for building and maintenance of infrastructure facilities for passenger transportation by bus come from the state budget or socialized sources.

3. Provincial-level Transport Departments shall organize the management and maintenance of the infrastructure system for operation of buses, including starting points, ending points, stops, signboards, shelters, interchanges and auxiliary work items for passenger transportation by bus.

Article 25. Public notification of opening of routes

1. Provincial-level Transport Departments shall publicly notify the opening of routes of passenger transportation by bus in their localities according to route network master plans approved by provincial-level People's Committees.

The opening of a bus route linking two adjacent provinces shall be publicly notified by the Transport Departments of these provinces after obtaining written approvals of People's Committees of these provinces or their authorized agencies.

2. Contents of public notification of opening of a route:

a/ Identification number, starting point and ending point;

b/ Route itinerary;

c/ Trip frequency and daily operation time of the route;

d/ Total number of trips per day; e/ Fare rate.

3. The route management agency shall publicly notify a new bus route in the mass media at least 30 (thirty) days before opening it.

Article 26. Contents of management and operation of passenger transportation by bus

1. Bidding for operation of a route of passenger transportation by bus:

a/ Provincial-level Transport Departments shall decide on operation of routes of passenger transportation by bus by enterprises or cooperatives under law;

b/ Enterprises or cooperatives with licenses for passenger transportation by automobile may register for bidding participation or be appointed as contractors for operation of routes of passenger transportation by bus.

2. Management and administration of passenger transportation by bus:

a/ Provincial-level Transport Departments shall approve and publicly notify transportation charts, covering the following principal contents: the unit(s) operating the bus route, trip frequency, bus route itinerary, number of stops for passengers to board and leave, duration of a trip and daily route operation time. The daily route operation time shall be determined on the basis of travel needs of inhabitants in localities though which the bus route runs but must be at least 12 (twelve) hours per day;

b/ Enterprises or cooperatives shall provide and manage transportation orders while their buses are operating. A transportation order contains the following principal details: date and time of bus operation according to a chart, number of fares sold, identification number of the route, plate number of the bus. full names of the bus driver(s) and conductors.

Article 27. Adjustment of route itineraries and trip frequencies

1. Provincial-level Transport Departments shall adjust bus route itineraries and trip frequencies, ensuring the achievement of political, social and economic benefits and concurrently guaranteeing the lawful rights and interests of enterprises or cooperatives currently operating the routes and publicly notify adjustments in the mass media at least 10 (ten) days before effecting them.

2. For a bus route linking two adjacent provinces, the adjustment of the route and trip frequency shall be made by the Transport Departments of these provinces after obtaining written approvals of the People's Committees of these provinces.

Article 28. Termination of operation of routes

1. Before terminating the operation of a route, an enterprise or a cooperative shall send a written request to the provincial-level Transport Department and may terminate the route operation only after obtaining a written approval of the provincial-level Transport Department based on the agreement of the provincial-level People's Committee.

2. The provincial-level Transport Department shall publicly notify the termination of operation of a bus route in the mass media at least 15 (fifteen) days before it is effected.

3. An enterprise or a cooperative that terminates the operation of a bus route without approval shall be deprived of the right to operate other bus routes in the locality and handled under current regulations on handling of administrative violations in road traffic and relevant laws.

Article 29. Addition or replacement of buses for use for operation of routes of passenger transportation by bus

1. For a provincial bus route, the provincial-level Transport Department shall decide on addition or replacement of buses for use for passenger transportation at the request of the concerned enterprise or cooperative.

2. For a bus route linking two adjacent provinces, the Transport Departments of these provinces shall consider and reach a written agreement with the provincial-level Transport Department of the locality in which the concerned enterprise or cooperative is headquartered or bases its branch before deciding on the addition or replacement of buses for use in the route at the request of the enterprise or cooperative.

Article 30. Rights and responsibilities of bus drivers and conductors

1. To wear name cards and uniforms as prescribed by provincial-level Transport Departments.

2. Conductors shall provide information oil route itinerary and stops on the route to passengers upon request; guide passengers at stops for their safe boarding and leaving; help

the disabled, the elderly, children, pregnant women or women with small children when they get on or leave the bus.

Article 31. Rights and obligations of bus passengers

1. To carry along hand luggage weighing no more than 10 (ten) kg and measuring no more than 30 x 40 x 60 cm.

2. To help, and give their seats to. other passengers who are the disabled, the elderly, pregnant women or women with small children.

Section III. PASSENGER TRANSPORTATION BY TAXI

Article 32. Requirements on taxis

1. Bearing names and telephone numbers of their enterprises or cooperatives on the outer sides

of their bodies or their doors.

2. Having a "TAXI" badge made according to the form provided in Appendix 14 to this Circular (not printed herein).

3. Possessing all papers prescribed by law.

Article 33. Registration of paint colors and logos

1. Before putting its vehicles into operation. an enterprise or a cooperative shall register a uniform paint color for all these vehicles and its logo according to a form provided in Appendix 15 to this Circular (not printed herein).

2. A registration dossier shall be sent to the provincial-level Transport Department of the locality in which the enterprise or cooperative is headquartered or bases its branch. Provincial-level Transport Departments shall only receive and give certification on dossiers and shall publicly notify the registration of enterprises or cooperatives.

Article 34. Dossiers for installation of communication devices

A dossier for installation of devices for communication between the control center and a taxi comprises:

1. Registration of and permission for lawful use of a radio frequency.

2. A written record of takeover test of installed communication devices.

Article 35. Taxi parks

1. Taxi parks are classified into:

a/ Taxi parks organized and managed by taxi enterprises; and.

b/ Public taxi parks organized and managed by local state management agencies.

2. Requirements on taxi parks:

Taxi parks must ensure urban traffic safety and order, causing no obstruction to normal movement of people and vehicles on the road, and satisfy requirements of fire and explosion prevention and fighting and environmental sanitation.

3. Provincial-level People's Committees shall uniformly organize and manage public taxi parks in conformity with transport network development master plans and particular requirements of their localities.

Section IV PASSENGER TRANSPORTATION UNDER CONTRACTS

Article 36. Requirements on automobiles used for passenger transportation under contracts

1. Being under the lawful ownership or use right of business units licensed to transport passengers under contracts and having badges provided in Appendix 12 to this Circular (not printed herein).

2. Bearing names and telephone numbers of their business units on the front part of the outer sides of their bodies or their doors.

3. For passenger transportation distances of over 100 (one hundred) km. having a passenger list made according to a form provided in Appendix 13 to this Circular (not printed herein).

Article 37. Passenger transportation contracts

A written passenger transportation contract must contain the following principal details; contract performance duration, address of departure, address of arrival, itinerary and number of passengers.

Section V. TOURIST TRANSPORTATION BY AUTOMOBILE

Article 38. Requirements on automobiles used for tourist transportation

1. Being under the lawful ownership or use right of business units already licensed to transport tourists and having signboards as prescribed.

2. Bearing names and telephone numbers of their business units on the front part of the outer sides of their bodies or their doors.

Article 39. Tourist transportation contracts or travel contracts

A written tourist transportation contract or travel contract must contain the following principal details: contract performance duration, address of departure, address of arrival, itinerary and number of passengers.

Section VI. BADGES AND SIGNBOARDS

Article 40. General provisions on management and use of badges

.1. In the course of passenger transportation, vehicles running on fixed routes, vehicles for passenger transportation under contracts and taxis must display badges while tourist transportation vehicles must have signboards.

2. Badges or signboards must contain no erased or modified information and be affixed on the windshield to the right of the driver.

3. Badges and signboards are valid for 12 (twelve) months.

Article 41. Grant and renewal of badges and signboards

1. A business unit shall send a dossier of application for a badge or signboard to the provincial-level Transport Department of the locality in which it is headquartered or bases its branch. Such a dossier comprises:

a/ An application for a badge or signboard;

b/ Photocopies of registrations of vehicles for which a badge is applied for (except vehicles running on fixed routes for which badges are applied for the first time);

c/ For case of re-grant of a badge or signboard, there must be reports on observance of regulations on traffic order and safety, assurance of registered service quality (for enterprises or cooperatives that have registered service quality), and observance of the chart of vehicle operation on a fixed route during the period of use of the granted badge or signboard.

2. A dossier of application for renewal of a faded or damaged badge or signboard is not required to have documents specified at Points b and c, Clause 1 of this Article.

3. The time limit for the grant of a badge or signboard is 1 (one) day after receiving a complete and valid dossier. Before granting new badges or signboards, provincial-level Transport Departments shall withdraw unused ones and keep them for 6 (six months) before destroying them.

Article 42. Badges of vehicles running on fixed routes

Provincial-level Transport Departments shall base themselves on written approvals of trial operation or route operation or addition or replacement of vehicles, or dossiers of enterprises or cooperatives for re-grant of badges to grant badges for vehicles running on fixed routes.

Article 43. Badges of vehicles for passenger transportation under contracts

Business units licensed for passenger transportation under contracts will be granted badges for their vehicles on lists they have submitted and have these badges renewed by provincial-level Transport Departments after a prescribed duration.

If wishing to use vehicles already used for passenger transportation on fixed routes for passenger transportation under contracts, enterprises or cooperatives shall send to the route management agency a document evidencing their proper observance of charts for vehicle operation on fixed routes-Article 44. Signboards of tourist transportation vehicles

Business units licensed for passenger transportation by automobile will be granted signboards for their vehicles by provincial-level Transport Departments after obtaining written certification by a culture, sports and tourism agency of their eligibility for tourist transportation.

Article 45. Taxi signboards

Enterprises or cooperatives licensed for transportation by taxi will be granted signboards for their taxis by provincial-level Transport Departments.

Article 46. Withdrawal of badges or signboards

1. Agencies that have granted badges or signboards to business units shall withdraw these badges or signboards when these business units commit a violation specified in Clause 2 of this Article.

2. A business unit will have its badge or signboard withdrawn when committing any of the following violations:

a/ It uses the badge or signboard in contravention of regulations or intentionally falsifying information inscribed in the badge or signboard granted for its vehicles;

b/ Its vehicles operate without transportation contracts or travel contracts, a tourist program and a list of passengers as prescribed;

c/ Its vehicles for passenger transportation under contracts or tourist transportation sell fares to passengers or pick up passengers outside the list of passengers;

d/ Its vehicles running on a fixed routes, taxis or buses fail to fulfill 3 (three) or more contents of the service quality commitment or fail to publish the service quality commitment;

e/ It fails to put vehicles intended for running on a fixed route into operation on such route for 3 (three) consecutive trips or fails to keep daily log books or fails to fill in or improperly fills in such log book;

f/ Its taxis have no fare meter or light box on the roof as prescribed or its taxi drivers cheat in reading fare meters;

g/ It puts vehicles with plate numbers inconsistent with registered ones into operation, except the case of unexpected replacement of vehicles.

Chapter III

CARGO TRANSPORTATION BY AUTOMOBILE

Article 47. Vehicles used for cargo transportation

Vehicles used for cargo transportation must bear names and telephone numbers of their business units, their own weights and permitted cargo tonnage on the outer sides of their cabin doors. Taxi trucks must have freight rates posted up on both sides of their bodies.

Article 48. Transportation contracts, bills of lading and ex-warehousing bills

1. A transportation contract must contain the following details: name of the carrier, name of the transportation hirer, category and weight of cargo, itinerary, address and time of cargo delivery and receipt, freight rate, mode of freight payment, agreed terms upon cargo delivery, compensation, handover and receipt of papers related to the cargo and other matters related to the process of transportation.

2. A bill of lading must contain the following details: name of the carrier, name of the transportation hirer, itinerary, number of the contract (if any), date of contract signing category and weight of cargo transported on the vehicle, time of cargo receipt, time of cargo delivery and other matters related to the process of transportation. Bills of lading issued by a business unit to drivers must be appended with the unit's seal. For business households, household heads shall sign and write their full names on bills of lading.

3. In addition to a transportation contract or bill of lading and vehicle papers as prescribed, a driver shall carry along an ex-warehousing bill for each trip (applicable only to case of ex-warehousing a cargo) issued by the transportation hirer or the cargo owner suitable to the category of the transported cargo. An ex-warehousing bill must contain the following details: the unit ex-warehousing the cargo, name and weight of the cargo, place of cargo ex-warehousing and place of delivery.

Article 49. Management of cargo transportation by automobile

1. Before putting vehicles into use for cargo transportation, business units that satisfy all the specified conditions shall send written notices to provincial-level Transport Departments of localities in which they are headquartered or base their branches. Such a notice must contain the following details:

a/ Name, address, contact telephone number of the business unit;

b/ Serial number of the business registration certificate; cargo transportation business form;

c/ Number, type and lifetime of vehicles.

2. Written notices shall be sent to provincial-level Transport Departments, which shall only receive these notices for management and monitoring and concurrently certify the receipt of notices for business units.

Chapter IV

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES FOR TRANSPORTATION BY AUTOMOBILE

Article 50. The Directorate for Roads of Vietnam

1. To manage according to its competence transportation by automobile nationwide and directly manage inter-provincial fixed routes of passenger transportation covering a distance of over 1.000 (one thousand) km.

2. To summarize and announce contents for public notification of the network of inter-provincial fixed routes of passenger transportation.

3. To uniformly print and issue transportation business licenses, "vehicle running on a fixed route," "vehicle for transportation under contracts" or "taxi" badges and "vehicle for tourist transportation" signboards.

4. To compile training materials and issue specific regulations on professional training in or guidance on passenger transportation or traffic safety for taxi drivers and bus drivers and conductors.

To update periodically or irregularly compulsory information from vehicle tracking devices or server-cached databases for the state management of transportation and assurance of traffic order and safety.

6. To build a website on management and operation of transportation by automobile.

7. To examine, inspect, and handle according to its competence and under law violations of regulations on road transportation by automobile.

Article 51. Provincial-level Transport Departments

1. To manage road transportation by automobile in their localities.

2. To report to the Directorate for Roads of Vietnam on the public notification of inter-provincial fixed routes of passenger transportation according to powers decentralized to them; to publicly notify the network of routes.

3. To propose to provincial-level People's Committees for approval:

a/ Master plans on networks of passenger transportation by bus, which indicate the ratio of mass transit by bus and implementation plans to meet travel needs of the disabled;

b/ The State's incentives for enterprises or cooperatives conducting passenger transportation by bus in their localities;

c/ Econo-technical norms and unit rates applicable to passenger transportation by bus;

d/ Master plans on development of passenger transportation by taxi in their localities based on characteristics and travel needs of local people and for the purpose of curbing and ending traffic congestion.

4. To decide to open or terminate operation of bus routes, addition or replacement of vehicles, or adjustment of itineraries after obtaining approval of provincial-level People's Committees.

5. To approve bus transportation charts.

6. To assign plans to enterprises or cooperatives to operate local routes of passenger transportation by bus.

7. To directly manage inter-provincial fixed routes of passenger transportation covering a distance of up to 1,000 (one thousand) km, provincial fixed routes of passenger transportation and bus routes.

8. To periodically or irregularly update compulsory information from vehicle tracking devices or server-cached databases for the state management of transportation and assurance of traffic order and safety.

9. To build websites on management and operation of transportation by automobile in their localities.

10. To grant licenses for transportation by automobile to units conducting passenger transportation and enterprises or cooperatives conducting container cargo transportation in their localities.

11. To print, issue and manage daily log books under regulations.

12. To manage and grant badges and signboards of all kinds under regulations.

13. To examine, inspect, and handle according to its competence and under law violations of regulations on transportation by automobile.

Chapter V

ORGANIZATION OF IMPLEMENTATION AND EFFECT

Article 52. Reporting regime

1. Before the 20"' of the first month of a quarter, transportation business units shall report on their business operations in the previous quarter to provincial-level Transport Departments. Reports on results of passenger transportation and reports on results of cargo transportation shall be made according to forms provided in Appendices 16 and 17 to this Circular (not printed herein).

2. In January every year, provincial-level Transport Departments shall summarize reports on transportation in their localities for reporting to the Directorate for Roads of Vietnam. The Directorate for Roads of Vietnam shall summarize and report on transportation to the Transport Ministry before February every year. Reports on transportation shall be made according to a form provided in Appendix 18 to this Circular (not printed herein).

Article 53. Inspection of transportation by automobile

Concerned functional bodies of the Transport Ministry, the Directorate for Roads of Vietnam and provincial-level Transport Departments shall urge and inspect according to their competence the observance of regulations on commercial transportation by automobile.

Article 54. Effect

1. This Circular takes effect 45 (forty five) days from the date of its signing. To annul the following decisions:

a/ The Transport Minister's Decision No. 16/ 2007/QD-BGTVT of March 26, 2007, promulgating the Regulation on passenger transportation by automobile on fixed routes or under contracts and tourist transportation by automobile:

b/ The Transport Minister's Decision No. 17/ 2007/QD-BGTVT of March 26, 2007, promulgating the Regulation on passenger transportation by taxi;

c/ The Transport Minister's Decision No. 34/ 2006/QD-BGTVT of October 16, 2006, promulgating the Regulation on management of mass transit by bus;

d/ The Transport Minister's Decision No. 07/ 2008/QD-BGTVT of April 29. 2008, amending and supplementing a number of articles of the Regulation on passenger transportation by automobile on fixed routes or under contracts and tourist transportation by automobile, promulgated together with the Transport Minister's Decision No. 16/2007/QD-BGTVTof March 26, 2007, and the Regulation on passenger transportation by taxi, promulgated together with the Transport Minister's Decision No. 17/2007/ QD-BGTVT of March 26, 2007.

2. Badges and daily log books granted under current regulations may be used until their validity duration expires but no later than December 31. 2010.

3. Inter-provincial Fixed routes covering a distance of 300 km or longer with starting and ending points at terminals not of grade IV, III, II or I may be operated until their permitted operation duration expires but no later than December 31, 2010.

Article 55. Implementation responsibility

1. The Director of the Directorate for Roads of Vietnam shall assume the prime responsibility for. and coordinate with concerned agencies in the transport sector in, directing, urging and monitoring the implementation of this Circular.

2. The Chief of the Office, the Chief Inspector, directors of the Divisions, directors of provincial-level Transport Departments, heads of concerned agencies, and relevant organizations and individuals shall implement this Circular. -