Thông tư 63/2014/TT-BGTVT

CIRCULAR

PROVIDING FOR OPERATION AND MANAGEMENT OF AUTOMOBILE TRANSPORT AND SUPPORTING SERVICES TO ROAD TRANSPORT

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

Pursuant to the Decree No. 86/2014/NĐ-CP dated September 10, 2014 by the Government providing for the business and conditions for the business of automobile transport;

Pursuant to the Decree No. 107/2012/NĐ-CP dated December 20, 2012 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport.

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

The Minister of Transport promulgates the Circular providing for operation and management of automobile transport and supporting services to road transport.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the operation and management of the transport of passengers and/or goods by automobile and supporting services to road transport.

Article 2. Regulated entities

This Circular applies to the agencies, organizations, and individuals related to the automobile transport and auxiliary road transport services.

Article 3. Interpretation of terms

In this Circular, these terms can be construed as follows:

1. “Transport itinerary” is determined by the place of departure, place of arrival, routes, pick-up place, drop-off place and rest stops (if any) that a vehicle passes by.

2. “Transport timetable” means a lists of the times when a vehicle is arranged to arrive at or depart from a specific location.

3. “Transport schedule” means a collection of itineraries and transport timetables of different trips within a certain cycle time.

4. “Departure schedule” means a collection of departure time of different trips within a certain cycle time.

5. “Coach stops” are roadside works on the transport itinerary for fixed-route passenger transport vehicles to stop so that passengers can get into or get off the vehicles.

6. “Bus stops” are roadside works for buses to pick up and drop off passengers.

7. “Parking lot” is a road transport infrastructural construction where vehicles are parked.

8. “Vehicle safekeeping service” means an auxiliary road transport service in which an organization/individual performs the safekeeping activities and collects fees.

9. “Transport agency service” means an auxiliary road transport service in which an organization/individual is authorized to carry out one or multiple tasks of the transport process other than the transporting task.

10. “Functional days” are days on which a vehicle is in a satisfactory conditions for operating in public road.

11. “Business days” are days on which a vehicle is used for transport, regardless of distance.

Chapter II

PASSENGER AUTOMOBILE TRANSPORT

Section 1. GENERAL REQUIREMENTS

Article 4. Requirements for transport companies

1. Any transport companies wishing to provide automobile transport service that is compelled to have a lincense shall obtain a License for automobile transport. The application form for the License for automobile transport is provided in Annex 1 of this Circular, the templet of the License to provide automobile transport service is provided in Annex 2 of this Circular.

2. Any transport companies shall formulate and comply with the business plan for providing transport service involving the registered vehicles as prescribed in Annex 3 of this Circular.

3. Management of automobile vehicles involved in transport service

The transport company shall:

a) Ensure the number of functional days at least equivalent to 110% of the business days according to the plan (only applicable to fixed-route transport and transport by bus);

b) Draw up and carry out mantenaince plans to ensure that vehicles are maintained conformably to the regulations promulgated by the Minister of Transport;

c) Build up Vehicle record or vehicle management software to monitor the operation and mainternance of vehicles using the form in Annex 4 of this Circular;

d) Since July 01, 2015, double-decker sleeper coaches are not allowed on level-5 and level-6 mountain passes;

dd) Since July 01, 2016, luggage compartments of vehicles involved in fixed-route automobile passenger transport, contractual passenger transport and tourist transport shall be divided into parts as prescribed by the Minister of Transport so that not any luggage is displaced to ensure the safety during the transport process.

4. Management of automobile vehicle drivers

The transport company shall:

a) Collect and update sufficiently information about the working process of drivers to the Driver record or driver management software using the form in Annex 5 of this Circular;

b) Carry out medical examination in the recruitment process, carry out periodically medical examination for drivers and use only drivers with conformable health conditions as prescribed by the Ministry of Health; must not employ or assign drivers using drugs;

c) Transport companies shall assign only drivers who have operated coaches with capacity of 30 passengers for at least 03 years to operate a double-decker sleeper coach.

5. Establishment and application of service quality standard

a) Any transport company shall establish or apply passenger transport quality standard promulgated by the Minister of Transport. If the transport company establish a quality standard itself, such standard shall be compared and declared to be equivalent to the passenger transport quality standard prescribed by the Minister of Transport.

b) Any organization/cooperative providing fixed-route passenger transport service or bus/taxi service must register the service quality with the Services of Transport issuing badges using the form in Annex 6 of this Circular.

c) Any organization/cooperative providing fixed-route passenger transport services that wishes to operate on a route shall register service quality on such route using the form in Annex 7 of this Circular and notify to the terminuses before providing transport.

6. Relevant documents during the management and operation of transport shall be retained for at least 03 years so as for the inspection and examination.

Article 5. Divisions in charge of management and supervision of traffic safety conditions

Any organization/cooperative providing fixed-route passenger transport service or bus/taxi service shall assign a division to manage and supervise the traffic safety conditions who shall:

1. Draw up and carry out the plan on traffic safety in the transport activities of the company using the form in Annex 8a of this Circular; reckon up, analyze traffic accidents, help driver staff and administrative officers to learn from such experience; update information to the drivers’ record database or the driver management software.

2. Build up and carry out traffic safety procedures according to the form in Annex 8b of this Circular.

3. Examine the conditions for technical safety and environmental protection of vehicles before they are used; expedite and supervise the implementation of technical examination and maintenance and repair of vehicles; examine and supervise strictly the technical conditions of vehicles.

4. Manage and supervise the compulsory information from the vehicle-tracking devices to promptly warn about and prevent violations; use the information from the vehicle-tracking devices for the management and provide the competent State agency with compulsory information about each vehicle on request; supervise, propose measures for prompt maintenance and replacement for broken vehicle-tracking devices; periodically make violation reports of driver staff.

5. Preside over and cooperate with other organizations in propagating the regulation on traffic safety; educating professional ethics; providing training for driver staff and attendant staff.

Article 6. Installation, management and use of information from vehicle-tracking devices

1. Vehicle-tracking devices shall be conformable, ensuring to record and transmit sufficiently and consistently to the host computer of the transport company in charge or the data processing service provider (in case the transportation company authorize a service provider through an applicable contract) the compulsory information including: transport itinerary, driving speed, time of uninterrupted driving, total of driver’s working time in a day.

2. It is strictly prohibited to use technical measures and peripherals to intervene in the operation of the device or to jam or scramble the Global Positioning System (GPS) or the Global System for Mobile Communications (GSM).

3. Responsibilities of transportation companies

a) Install vehicle-tracking devices on the vehicles belonging to the company as prescribed the regulations.

b) Keeping good technical condition, ensure to transmit and provide sufficiently, effectively and consistently the compulsory information about the vehicle from vehicle-tracking devices during the transport.

c) Provide user name and password for accessing to program processing data software from vehicle-tracking device for a regulatory body.

d) Update, retain systematically the compulsory information for at least 01 year.

Article 7. Regulations on professional training and regulations on transport

1. Entities subject to training: transport business operaters, drivers and attendants.

2. Training content: according to material and framework program promulgated by Directorate for Roads of Vietnam.

3. Time of traininig

a) Before such entities provide the transportation service or take on the transport operation.

b) Periodically not exceeding 03 years from the latest training.

4. Any trainer shall satisfy at least one of the following criteria:

a) Be a teacher of transportation major of a 2-year college or higher that educates on road transportation.

b) Regarding training for drivers and attendants: any trainer shall have at least an intermediate degree in transport or a college degree in another discipline and has at least 03 years’ experience of managing and/or operating road transport activities.

c) Regarding training for transportation operators: any trainers shall have at least a college degree in transport or a university degree in another discipline and has at least 03 years’ experience of managing and/or operating road transport activities.

5. Organization of training

a) Any transport company is eligible to organize the training or cooperate with local Automobile transport association or driver training institutions to provide training for drivers and attendants.

b) The Services of Transport shall preside over, cooperate with local Automobile transport association (if any) in organizing training for transport managers of local transport companies.

6. Before the training, the training organizer shall report the plan on training including location and list of trainers and trainees to local Services of Transport for monitoring.

7. The training organizer shall issue Licenses to people who completed the training using the form in Annex 9 of this Circular and retain documents about the training and the training results for at least 03 years.

Section 2. FIXED-ROUTE PASSENGER TRANSPORT BY AUTOMOBILE

Article 8. Criteria for formulation of transport routes

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

2. Availability of terminuses declared to be in operation by a competent agency.

Article 9. Coach stops

1. Requirements for coach stops

a) Coach stops shall satisfy the requirements for traffic safety and shall be convenient for passenger to get into and off vehicles.

b) Coach stops shall be large enough for vehicle to pick up and drop out passenger without obstruction to other vehicles.

c) There shall be the 434a signs conformable to National technical regulation on road signs and signals (QCVN41:2012/BGTVT) at coach stops with secondary signs displaying the phrase “ĐIỂM ĐÓN, TRẢ KHÁCH TUYẾN CỐ ĐỊNH" (passenger picking-up and dropping-off place for fixed-route transport).

d) The distance between two coach stops or between a coach stop and a rest stop or between two terminuses shall be at least 05 kilometres.

2. Traffic organization at coach stops

a) A coach stop shall be used only for fixed-route automobile transport and must not be used for any other activities.

b) At a coach stop, a vehicle shall stop for not exceeding 03 minutes.

3. Determination, approval, development, management and operation of coach stops.

a) Local Services of Transport shall determine the location of coach stops for fixed-route transport (any coach stop located by the roadside of a highway shall be approved by a road management authority) and request provincial People’s Committees to approve.

b) Provincial People’s Committees shall be responsible for organizing, managing and ensuring traffic safety, public order and environment sanitation at coach stops in local areas.

c) Coach stops shall be constructed according to the following principles: for newly constructed road routes, investors are responsible for accounting the coach stop as an construction item in the construction investment project; for current road routes, organizations and individuals shall develop in form of private sector involvement or funded from the State budget.

d) The Services of Transport is in charge of issuing new documents about whether to use or close the stops for fixed-route transport.

Article 10. Notice

1. These following information shall be display on the web portal of each Service of Transport: a list of routes according to planning (when the competent agencies have announced the planning); a list of routes in use; maximum trips using a route in a unit of time and total trips that are registered; a list of transport companies operating on the route; hotline of the Service of Transport.

2. These following information shall be displayed at the station: a list of routes and departures of vehicles in the station; a list of transport companies operating on each route; hotlines of transport companies and of local Service of Transport.

3. These following information shall be displayed at the ticket counters: name of transport companies, route names, ticket prices, departure schedule of each trip, services in each trip, amount of baggage that is free of charge.

4. Notices on vehicles

a) Notices on the front glasses: the departure and the arrival terminals of the trip.

b) Notices on two sides of vehicles or on doors of vehicles: name and contact number of the transport company.

c) Notices inside vehicles shal include: license plate, ticket price, transport itinerary, services for passengers, amount of free-of-charge baggage, hotline of the owner company and the Service of Transport issuing the badge. Notice at a noticeable place with the slogan “Tính mạng con người là trên hết” (Life comes first) according to the model in Annex 10 of this Circular.

5. Responsibilities for notice: the Services of Transport are responsible for displaying notices as prescribed in clause 1 of this Article; the staff members of the station are responsible for displaying notices in the station and at the ticket counters in stations as prescribed in clauses 2 and 3 of this Article; transport companies are responsible for displaying notices on vehicles and at their own ticket counters according to the provisions of clauses 3 and 4 of this Article.

6. Notices at ticket counters and on vehicles may be displayed in various forms. Transport companies and stations are encouraged to issue notices via electronic devices. Enterprises and cooperatives shall provide the relevant stations with information that is requested to be displayed at stations.

Article 11. Regulations applicable to vehicles involved in fixed-route passenger transport

1. Notices shall be displayed according to regulations in clause 4 Article 10 of this Circular.

2. Quantity, quality, arrangement of seats/beds in vehicles shall conform with the design and shall be numbered from the front to the rear of vehicles.

3. Vehicles shall be equipped with emergency tools and fire extinguisher conformable to the regulations.

4. There shall be badges “XE CHẠY TUYẾN CỐ ĐỊNH" (“fixed-route vehicles”) using the sample in Annex 11 of this Circular.

5. At the same time, a vehicle may register and operates on not exceeding 02 fixed routes, these such routes may be successive (the departure terminal of the next route is the arrival terminal of the previous route).

6. Vehicles shall be at the station at least 10 minutes before the departure time to receive technical safety examination and other professional activities at the station according to procedures for traffic safety prescribed in clause 2 Article 5 of this Circular.

Article 12. Regulations applicable to passenger transit vehicles

1. Name and contact number of the transport company shall be displayed on two sides or on doors of vehicles.

2. Vehicles shall have badges “XE TRUNG CHUYỂN" (“transit vehicle”) using the sample in Annex 12 of this Circular.

3. The capacity of any vehicle shall not exceed 16 seats (including those of drivers) and shall be within the lawful ownership of the enterprise/cooperative.

4. Vehicles shall be equipped with emergency tools and fire extinguisher conformable to the regulations.

5. Passenger transit vehicles shall be used only for transport of passengers (on a fixed-route specified by the company) to the stations and the stops on routes and vice versa. Passengers do not have to pay any fees other than the price printed on the ticket according to the regulations.

6. Vehicles with badges “XE TRUNG CHUYỂN” must not used for the transportation in which fares are directly collected and are not included in the quantity of vehicles of companies according to the regulations in clause 4 Article 15 of the Decree No. 86/2014/NĐ-CP dated September 10, 2014 by the Government.

Article 13. Route network planning

1. Route network planning for fixed-route transport:

a) Regarding route network planning for interprovincial fixed-route passenger transport: the Ministry of Transport shall approve and announce the orientation planning before December 30, 2014 and the detailed planning before June 30, 2015.

b) Regarding route network planning for provincial fixed-route passenger transport network: provincial People’s Committees shall approve and announce the provincial planning before June 30, 2015.

2. Directorate for Roads of Vietnam is responsible for managing, supervising and inspecting and cooperating with the Services of Transport in carrying out the route network planning for interprovincial fixed-route passenger transport network.

3. Any Services of Transport shall be responsible for managing, supervising, inspecting and carrying out the route network planning for provincial fixed-route passenger transport network.

4. Based on the condition of socio-economic development and other factors affecting the transport using fixed-routes, Directorate for Roads of Vietnam or the Services of Transport shall request the Ministry of Transport or provincial People’s Committees to adjust the planning within their competence as prescribed in clause 1 of this Article.

Article 14. Application for operation on routes and the increase of trip frequency

1. An enterprise/cooperative with the License for automobile passenger transport may apply to use a route according to the route network planning or may increase the trip frequency in which the departure time of a vehicle at a station shall not coincide with its departure time at another station and the break between two trips shall according to the regulations if:

a) A competent agency announces and adjusts planning;

b) A competent agency  decides to increase the trip frequency.

2. If an enterprise/cooperative is operating on a route outside the route network planning, a competent agency shall announce that such enterprise/cooperative is allowed to operate on such route according to the approved planning for not exceeding 24 months from the day on which the planning is announced.

02 months before the period mentioned above, the agency approving the operation on route shall send a written notification of the stop of use of route to the enterprise/cooperative. When the duration of operation on route is over, the agency approving the operation on route shall send a written notification of stop of operation of route using the form in Appendix 13 of this Circular to the enterprise/cooperative, the departure and arrival stations, Directorate for Roads of Vietnam, the Services of Transport of the province where the other stations are located and display on home website.

Article 15. Regulations applicable to route management agency

1. The Services of Transport that manage the provincial route shall preside over, cooperate with the Services of Transport of ? and the Services of Transport of area where the route passes in mangaging the interprovincial passenger transport in which the Services of Transport issuing badges cooperate with ? in the management and cooperate with the Service of Transport of the area where the problems about transportation management raise in providing solutions.

2. Periodically before the date March 31 of a year, the Services of Transport where the stations are located shall be unanimous and display on their websites the maximum trips eligible to operate on the route for the next 12 months, the minimum break between the trips and the trip arrangement for each route under the management of the Services of Transport; the announcement shall be conformable with the approved route network planning.

Article 16. Regulations on applications and procedures for the application for operation and adjustment of trip frequency

1. An application shall include:

a) An application form for operation on route according to the form in Appendix 14 of this Circular.

b) A plan on operation on route by automobile according to the form in Appendix 15 of this Circular.

c) A registration form for fixed-route transport service quality according to the form in Appendix 7 of this Circular.

2. Procedures for the application:

a) An enterprise/cooperative shall submit 01 application to the Services of Transport where the head office or a branch office of company is located.

b) If the application is not conformable, within 02 working days from the day on which the application is received, the Services of Transport shall directly notify or send a written direct response containing the contents needing modification to the applicant.

c) Regarding interprovincial fixed-route passenger transport:

Within 03 working days from the day on which the satisfactory application is received, the receiving Service of Transport shall sent a written request for the opinion of the Services of Transport of the other station.

Within 03 working days from the day on which the written request for opinion from the Service of Transport dtpbk is received, the Service of Transport receiving the request shall have a written response. After such period, if the Services of Transport have no response, the application for operation on route will be considered approved.

Within 10 working days from the day on which the satisfactory application is received, the receiving Service of Transport shall sent a written approval according to the form in Appendix 13 of this Circular to the applicant and the manager of the stations. If the request is rejected, the Service of Transport shall make a written response containing the explanation. The written approval shall be also sent to Directorate for Roads of Vietnam and the Services of Transport dtpbk for cooperation in management.

d) Regarding provincial fixed-route passenger transport: Within 03 working days from the day on which the satisfactory application is received, the receiving Service of Transport shall sent a written approval according to the applicant according to the form in Appendix 13 of this Circular. If the request is rejected, the Service of Transport shall make a written response containing the explanation.

dd) The receipt of application and the notification of result are carried out at the Services of Transport or via post service.

3. The plan on operation on passenger transport by automobile shall be draw up according to the real condition, if there are rest stops on the route that are announced, vehicles shall be arranged to stop at such stations as priority.

4. The approvals for operation on route and the approvals for the increase of trip frequency are valid from the day on which they are signed and have duration according to the duration of the issued License for automobile transport. After 60 days from the day on which the written approval is received, if the applicant still not run the transport on the route, the approval will be no longer valid.

Article 17. Supplement and replacement of vehicles

1. Supplement and replacement of vehicles

An enterprise/cooperative may carry out the replacement or supplement of vehicles if such activities do not make the trip frequency increase. Such enterprise/copperative shall sent a written notification using the form in Annex 16 of this Circular to the departure and the arrival terminals as well as the Services of Transport of the local area where such terminals are located for cooperation in conduct.

2. Irregular replacement of vehicles

a) If a vehicle faces a technical problem or meets with an accident during the transport process, the owner enterprise/cooperative may replace it by another vehicle within their ownership.

b) The replacing vehicle shall be granted with a Transport order issued by the owener enterprise/cooperative using the form in Annex 17 of this Circular.

Article 18. Stoppage of operation on route, decrease of trip frequency

1. Termination of operation on route

a) At least 15 days before the date of termination, the enterprise/copperative shall sent a written notification using the form in Annex 16 of this Circular to the departure and the arrival terminals as well as the Services of Transport of the local area where such terminals are located.

b) 02 days after the day on which the notification of termination of operation on route is received, the departure terminal and arrival terminal shall publish such information at the station.

c) 05 working days from the termination of operation on route, the enterprise/cooperative shall return the badges to the issuing Services of Transport. The route management agency shall make a public announcement so that another enterprise/cooperative can register to operate on the route.

2. Decrease of trip frequency

a) At least 10 days before the date of decrease of trip frequency, enterprise/copperative shall sent a written application to the Service of Transport issuing badges according to the form in Appendix 14 of this Circular.

b) At least 02 working days from the day on which the application is received, the Service of Transport shall make a written approval for the decrease of trip frequency according to the form in Appendixe 13 of this Circuar and update the information about the decerase of trip frequency to the notice on the home website.

c) Within 05 working days after the day on which the decrease of trip frequency is carry out, the enterprise/cooperative shall return the badges of the vehicles being cut down to the issuing Service of Transport.

d) At least 03 days before the day on which the enterprise/cooperative decrease the trip frequency, the departure station and the arrival station shall make a public announcement at the station.

Article 19. Regulations on supplementary vehicles

1. Fixed-route vehicles, buses, contractual passenger transport vehicles, tourist vehicles, transit vehicles and vehicles for internal passenger transport may be used as supplementary vehicles during festivals, holidays and college enrollments.

2. At least 07 days before a festival, holiday or college enrollment, Services of Transport shall preside over and cooperate with relevant companies in drawing and implementing plans on supplementing vehicles (including a list of supplementary vehicles and their drivers).

3. During the time when vehicles are used for the supplementation, the Service of Transport of the area where the departure/arrival terminal is located shall preside over and cooperate with the Service of Transport of the area where the arrival/departure terminal is located, relevant stations and the owner companies of the supplementary vehicles in monitoring, supervising and managing the vehicles and drivers according to the regulations on the management of fixed-route passenger transport.

4. The provisions of Article 16 of this Circular are inapplicable in this period.

Article 20. Procedures for traffic safety and for the departure/arrival of vehicles

Procedures for traffic safety and for the departure/arrival of vehicles shall be in accordance with the provisions of Annex 35 of this Circular.

Article 21. Transport orders

1. Transport orders shall be printed by enterprises/cooperatives using the form in Annex 17 of this Circular. Apart from the compulsory provisions of Annex 17, enterprises/cooperatives may add other provisions according to their own management programs.

2. Enterprises/cooperatives are responsible for managing, issuing and inspecting the use of Transport orders by the drivers and retaining Transportaion orders for at least 01 year.

Article 22. Responsibilities of transport enterprises/cooperatives

1. Take measures to comply with the approved plan on the operation on route of passenger transport by automobile.

2. File records for supervising and managing the use of the badges and transport orders of company; issue transport orders to drivers according to the regulations on transport management; retain Transport orders according to the provision of clause 2 Article 21 of this Circular.

3. Refund at least 90% of the ticker price for passengers who have paid for tickets and cancel the trip at least 02 hours before the departure; refund at least 70% of the ticker price for passengers who have paid for tickets and cancel the trip at least 30 minutes before the departure.

4. Take responsibility for the overload of vehicles.

5. If an enterprise/cooperative is requested to transport a consignment by a fixed-route vehicle (not accompanied by the sender), such company shall request the sender to provide sufficiently and exactly the information about the consignment and name, address and contact number of the sender and the receiver; must not transport forbidden or flammable goods or live animals.

6. Provide uniforms and staff cards for drivers and attendants; staff cards shall include their photos bearing the seal of the enterprise/cooperative, their names and the manager company.

7. Refuse to transport passengers damaging the public security and safety or obstructing the drivers or attendants, fare-dodgers or passengers suffering from a dangerous disease.

8. Exercise other rights and obligations according to relevant law provisions.

Article 23. Responsibilities of coach terminal businesses

1. Report their regulations on entitlements, responsibilities of people assigned to conduct examination and grant verification for Transport orders and a list of such people.

2. Periodically, before the 20th of every month, gather information about cases in which vehicles are unpermitted to carry out the passenger transport and the traffic safety conditions at the stations then send a written report to the Services of Transport for solution according to regulations.

3. Implement the National technical regulation on coach stations promulgated by the Minister of Transport.

Article 24. Entitlements and responsibilities of drivers and attendants

1. Wear staff card and uniform conformable with the model that the enterprise/cooperative has provided and bring Transport order.

2. Comply with the Transport order granted by enterprise/cooperative; ensure public order on the vehicle; pick up and drop off passengers at conformable places and conform with the itinerary.

3. Comply with the capacity of passenger. Total amount of passenger and goods shall not exceed the allowable amount indicated in the Certificate of technical safety and environmental protection; luggage and goods shall be placed evenly in the luggage compartment, ensuring that luggage and goods are not displaced during the transport. Must not transport forbidden or flammable goods or live animals.

4. Ensure that tickets are provided for every passengers on the vehicle; guide and arrange passengers to take the right seats according to the information on tickets; introduce the trip rules, assist passengers (especially the disabled, the old, pregnant women and children); remain polite to passengers.

5. Request the staff of the station to certify the information in the Transport order before the departure.

6. Comply with laws on traffic order and safety.

7. Refuse to transport passengers damaging the public security and safety or obstructing the drivers or attendants, fare-dodgers or passengers suffering from a dangerous disease.

8. Refuse to operate the vehicle in case indentifying that such vehicle is not conformable to the conditions for safety, does not carry a vehicle-tracking device or the vehicle-tracking device is out of order.

9. Keep the vehicle tidy, must not take technical measures or use peripherals to intervene in the operation of vehicle-tracking device or to jam or scramble the GPS, GSM.

10. Exercise other rights and obligations according to relevant law regulations.

Article 25. Entitlements and responsibilities of passengers

1. Request the enterprise/cooperative to provide services according to the service quality standard that have been registered and announced.

2. Request the attendants to sell the exact type of ticket. Passengers shall keep the ticket during the trip and present it to competent persons on request.

3. Receive the refund prescribed in clause 3 Article 22 of this Circular.

4. Passengers may make a complaint, petition or reflection on a violation against regulations on transport management of a transport company, on drivers or attendants and claim compensation for damages they suffered (if any).

5. Comply with the trip rules to ensure the safety and order on vehicles; get in and get off the vehicle at the terminals or at the stops according to the regulations.

6. Other rights and obligations according to relevant law provisions.

Section 3. PASSENGER TRANSPORT BUS SERVICE

Article 26. Requirements for buses

1. Any bus in service shall fully satisfy regulations in National technical regulation on technical safety quality and environmental sanitation, applicable to inner-city passenger transport automobiles; quantity of seats and standing area and their positions must conform to the design.

2. Any vehicle shall be equipped with emergency tools and fire extinguishers conformable to regulations.

3. Buses shall have the “XE BUÝT" (Bus) badge using the model in Annex 18 of this Circular.

4. Notice:

a) Notice on the body of the vehicle:

On front glasses and back glasses: route number, indication of departure and arrival terminals;

On right side of vehicle: route number; ticket price and contact phone number of the management enterprise/cooperative.

b) Notice inside the vehicle: license plate, route number; departure and arrival terminals and list of bus stops; ticket price; hotline of the transport company and the local Services of Transport; responsibilities of drivers, attendants and passengers. There shall be a notice at a place where the driver can see easily when operating the vehicle displaying the slogan “TÍNH MẠNG CON NGƯỜI LÀ TRÊN HẾT” according to the model in Annex 10 of this Circular.

c) Notice on vehicle may be in various forms. Transport companies are encouraged to provide notice by electronic devices.

Article 27. Registration of typical painting colors

1. Before putting its buses into operation, an enterprise or a cooperative shall register a typical paint color according to the Registration form in Annex 19 of this Circular. An application form for operation on route according to the form in Annex 19 of this Circular.

2. The registration form shall be sent to the Services of Transport where the head office or the branch office of the enterprise/cooperative is located. The Services of Transport shall publish the typical painting color of registered enterprise on the website of the Services of Transport.

3. If the local government of a province/city lays down a typical painting color for buses, transport companies shall comply with the regulations on painting color prescribed by such local government.

Article 28. Departure, arrival, bus stop and bus shelter

1. The departure and the arrival of a bus route shall

a) Have enough space for buses to make a U-turn or park in a way that ensures the traffic order and safety.

b) Be equipped with information boards displaying: route name; route number; itinerary; trip frequency; daily schedule of specific route; telephone number of route management authority and enterprises/cooperatives using the route; responsibilities of passengers, drivers and attendants.

c) Be equipped with shelters for passengers.

2. Bus stops

a) There shall be signs and markings at the bus stop according to regulations; each sign shall include route number, route name (the departure and arrival terminuses).

b) There shall be bus shelters at bus stops in city that has the kerb being 05 m or more in width and in outskirts that has the kerb being 2.5 m or more in width.

c) Services of Transport are in charge of prescribing model of bus stop in their local areas.

3. There shall be bus stations at coach stations, train stations, airports, ports, inland wharves and seaports so as to make a connection with other means of transport.

4. Bus shelters

a) Services of Transport are in charge of prescribing model of bus shelters in their local areas.

b) In every bus shelter, there shall be a notice about: route name; route number; transport itinerary; trip frequency; daily schedule on a route; telephone number of route management agencies and enterprises, maps of bus routes.

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

Article 29. Investment in infrastructure serving passenger transport bus services

1. Infrastructure system serving passenger transport bus service includes: exclusive bus lanes, bus terminus, bus stops, signs, bus shelters, transit points, parking lot.

2. The construction of infrastructure system serving passenger transport bus service is funded by the State budget or private sector involvement capitals.

3. Services of Transport are responsible for managing and maintaining the infrastructure system serving passenger transport bus services in their local areas.

Article 30. Announcement about the addition of bus routes

1. The Service of Transport shall declare the addition to bus routes in its local area according to the routes planning approved by the provincial People’s Committee. If a bus route passes multiple provinces, the declaration about the addition to bus routes shall be made by the Service of Transport of the province where the head office or the branch office of the owner enterprise/cooperative is located in accordance with the route planning approved by relevant Services of Transport. If a bus route having the departure or arrival terminal located in an airport area, the People’s Committee of province shall negotiate an agreement with the Ministry of Transport.

2. The declaration about the addition to bus routes shall contain:

a) Information about the enterprise/cooperative operating on the route.

b) Route number; route’s distance; the itinerary (departure point, arrival point, bus stops).

c) Trip schedule, operating time of the route (at least 12 hours per day).

d) Brand and capacity of a vehicle on the route.

dd) Ticket price.

3. The Services of Transport shall display on the home website the contents specified in clause 2 of this Article not exceeding 10 working days before the day on which the transport on such bus route is operated.

Article 31. Management of passenger transport bus service

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

2. An enterprise/cooperative with the license to provide passenger transport bus service may apply for biddings or may be ordered to operate on a bus route.

3. The local Service of Transport shall sign a contract with the enterprise/cooperative winning the bidding or being ordered for operating the bus route. The plan on operation of bus route shall be specified in a contract, including: route name, route number, brand of vehicle, capacity of vehicle, ticket price, trip arrangement and duration of of contract.

4. The Service of Transport is entitled to adjust partially or completely the trip schedule of an inner-provincial bus route; the enterprise/cooperative shall adjust the plan on route operation according to the new trip schedule; the Service of Transport and enterprise/cooperative shall sign and affix seal to confirm that the new operation plan is a part of the contract on operation on the route.

5. If a bus route passes multiple provinces, the adjustment of trip schedule shall be carried out by the Service of Transport of the province where the head office or the branch office of owner enterprise/cooperative is located after receiving written approval of relevant Services of Transport.

6. The decision on adjustment of trip schedule shall be published by means of mass media not later than 10 days before the new route is operated.

7. From July 01, 2016, any enterprise/cooperative providing automobile transport service shall satisfy the requirements pertaining to the quantity of vehicles as prescribed in clause 4 Article 16 of Decree No. 86/2014/NĐ-CP dated September 10, 2014 by the Government on the operation and requirements for operation of automobile transport.

Article 32. Termination of operation on route and closure of route

1. Any enterprise/cooperative wishing to terminate the operation on a route shall submit an application to a Service of Transport and shall terminate the operation only when such application has been approved by the Service of Transport. Within 08 working days from the day on which the application is received, the Service of Transport shall issue the approval containining the specification of time of termination. After such period, if the Service of Transport does not issue any response, the termination shalll be considered approved.

3. If the termination of operation on a route of enterprise/cooperative leads to a change of trip frequency on the route or the closure of the route, then the Service of Transport shall declare a new transport frequency or declare the closure of routes on means of mass media not later than 10 working days before the date of approval.

The declaration about the closure of a route shall be issued in case the route has been declared but there is no enterprise/cooperative operates on it.

Article 33. Supplement and replacement of vehicles

1. With regard to the inner-provincial routes, any Service of Transport has the entitlement to the supplement and replacement of vehicles serving passenger transport bus services according to the proposal of enterprise/cooperative.

2. With regard to bus routes passing multiple provinces, within 10 working days, the Service of Transport of the area where the head office or the branch office of the owner enterprise/cooperative is located shall agree with the Services of Transport of the areas where the route passes on the itinerary before approving the application for supplement and replacement of vehicles submitted by the enterprise/cooperative.

Article 34. Responsibilities of enterprises/cooperatives providing transport services

Any enterprise/cooperative providing transport services shall

1. Apply measures to organize the trips according to the trip schedule and the operation plan as written on the signed contract.

2. Register the model of staff card and uniform of drivers and attendants with the Service of Transport of the area where its head office or branch office is located. Supply uniforms and staff cards (which contain photo, ful name and name of manager company) to drivers and attendants.

3. Take responsibility for the overload of vehicles.

Article 35. Entitlements and responsibilities of drivers and attendants on buses

Any drivers/attendants shall have the following entitlements and resonsibilities:

1. Wear staff card and uniform conformable with the model that the enterprise/cooperative has registered with the Service of Transport.

2. Comply with the approved trip schedule.

3. Provide sufficient information about the route itinerary and bus stops on the route (on request of passenger); guide and assist passenger (especially the disabled, the old, pregnant women and children) to get on and off the bus; be polite to passengers.

4. Refuse to transport passengers who damage the security and safety on bus; refuse to transport forbidden and inflammable goods or live animals.

5. Refuse to operate the vehicle in case indentifying that such vehicle is not conformable to the conditions for safety, does not carry a vehicle-tracking device or the vehicle-tracking device is out of order.

6. Keep the vehicle tidy, must not take technical measures or use peripherals to intervene in the operation of vehicle-tracking device or to jam or scramble the GPS, GSM.

Article 36. Entitlements and responsibilities of passengers

1. Passengers are allow to carry hand luggage not exceeding 10 kilograms in weight with the size of not exceeding 30x40x60 centimetres.

2. Passengers shall comply with regulations on bus transport service and the guidance of drivers and attendants.

3. Any passenger shall request the attendants to sell the exact type of ticket. He/she keep his/her ticket during the trip and present it to compentent persons on request.

4. Passengers may make a complaint, petition or reflection on a violation against regulations on transport management of a transport company, on drivers or attendants and claim compensation for damages they suffered (if any).

5. Other rights and obligations according to relevant law provisions.

Section 4. PASSENGER TRANSPORT TAXI SERVICE

Article 37. Requirements for taxis

1. Notices:

a) On the doors: Information about the owner enterprise/cooperative (name, phone number, logo).

b) Inside the vehicle: Taxi fare, charge for waiting time and other charges that passenger must pay (if any). There shall be a notice at a place where the driver can see easily when operating the vehicle displaying the slogan “TÍNH MẠNG CON NGƯỜI LÀ TRÊN HẾT” according to the model in Annex 10 of this Circular.

2. Taxis shall be equipped with usable emergency tools and fire extinguishers conformable to regulations.

3. Badges and taxi lightboxes

a) Any taxi shall carry a badge prescribed by provincial People’s Committees, applicable to taxis under the ownership of transport companies under management of local government or according to the model prescribed in Annex 20 of this Circular.

A peculiar badge shall carry an anti-counterfeit stamp and its size shall be consistent and conformable to the model specified in Annex 20. Each local government shall publish the model of the peculiar badget itself and notify to the Directorate for Roads of Vietnam before putting it into use.

b) There shall be a lightbox containing “TAXI” on the top of vehicle, lightboxes shall be turn on when the taxi is available and turn off when taxi is transporting a passenger.

4. There shall be a fare counter verified and lead-sealed up by a competent agency. From July 01, 2016, there shall be a receipt printer connected with the fare counter.

Article 38. Registration of logos

1. Before the operation, enterprise/cooperative shall register the logo and telephone number which shall be displayed on its vehicles, using the form in Annex 19 of this Circular. An application form for operation on route according to the form in Annex 19 of this Circular.

2. Applications for registration shall be submitted to the Service of Transport of the local area where the head office or the branch office of such enterprise/cooperative is located. The Services of Transport shall confirm the logo of the operation company if such logo does not coincide with the registered logo of another enterprise/cooperative and is responsible for displaying the logo of enterprises/cooperatives on their website.

Article 39. Documents about the installation of communications equipment

Before the operation, the enterprise/cooperative shall establish a management center and register a communication frequency band. There shall be communication equipment between the management center and taxi staff. Documents about the installation of communications equipment shall be sent to the Services of Transport where the head office or branch office of enterprise/cooperative is located for monitoring and managing. The application shall comprise:

1. A copy enclosed with the original (for comparison) or a certified true copy of the License to use communication frequency bank of a competent State agency.

2. A copy enclosed with the original (for comparison) or a certified true copy of the Acceptance record of communication equipment installation.

Article 40. Places for picking-up and/or dropping-off and taxi parkings

1. Taxis are allowed to pick up or drop off at places outside the no-parking areas.

2. Depending on the reality, Services of Transport shall propose the provincial People’s Committees to allow the construction of places for picking-up and dropping-off passengers for taxis at traffic hubs, residential areas, cultural, sport and tourism centers, shopping malls, resorts, medicine centers and inner-city and inner-town areas.

3. Place for picking-up and/or dropping-off passengers for taxis shall be conformable with the regulation on traffic safety and shall be noticed with signs and markings according to regulations.

4. Taxi parkings

a) There are 2 types of taxi parkings: parking under the management of an enterprise/cooperative and public parking under the management of a local regulatory body.

b) Requirements for taxi parkings: ensure the traffic safety and avoid causing traffic jam; satisfy the requirements for fire prevention and fighting and environment sanitation.

5. Provincial People’s Committees shall be in charge of approving and declaring plans on taxi passenger transport, regulating the quantity of taxis and organizing public taxi-parking areas according to the planning on transport development and the particular characteristics of local areas.

Article 41. Responsibilities of enterprises/cooperatives providing transport service

1. Register the model of staff card and uniform of drivers and attendants with the Service of Transport of the area where the head office or the agency office of enterprise/cooperative is located. Supply uniforms and staff cards (displaying photo, full name and name of the manager company) to drivers and attendants.

2. Take responsibility for the overload of vehicles.

Article 42. Entitlements and responsibilities of drivers

1. Wear staff card and uniform conformable with the model that the enterprise/cooperative has registered with the Service of Transport.

2. Collect fares according to the number displayed on the counter; provide a receipt for the passenger when he/she has paid enough money.

3. Keep the vehicle tidy, must not apply technical measures or peripherals to intervene in the operation of vehicle-tracking device or to jam or scramble the GPS, GSM signal.

4. Provide sufficient information about the route (on request of the passenger); guide and assist the passenger (especially disabled, old people, pregnant women and children) to get into and off the taxi.

5. Refuse to transport a passenger who damages the security and safety on taxi and who suffers a disease; refuse to transport forbidden goods, inflammable goods or animals.

6. Refuse to operate the vehicle in case indentifying that such vehicle is not conformable to the conditions for safety, does not carry a vehicle-tracking device or the vehicle-tracking device is out of order.

Article 43. Entitlements and responsibilities of passengers

1. Passenger may request the driver to provide information about the itinerary of vehicle.

2. Passenger shall pay taxi fares according to the number on counters and receive the receipt conformable with the money he/she has paid.

3. Passengers shall comply with the regulation on transport by taxi and the guidance of the driver.

4. Passengers may make complaint, petition or reflection on the violations against the regulation on management of the transport companies, drivers and attendants and claim compensation for damage (if any).

5. Other rights and obligations according to relevant law provisions.

Section 5. CONTRACTUAL PASSENGER TRANSPORT

Article 44. Requirements for vehicles involved in contractual passenger transport

1. Notice: name and contact number of transport company on two sides of head part of vehicles or on doors of vehicles.

There shall be a notice at a place where the driver can see easily when operating the vehicle displaying the slogan “TÍNH MẠNG CON NGƯỜI LÀ TRÊN HẾT” according to the model in Annex 10 of this Circular.

2. Quantity, quality and arrangement of seats shall be conformable to the design.

3. Any vehicle shall be equipped with emergency tools and fire extinguishers conformable to regulations.

4. Any vehicle shall carry a badge displaying the phrase “XE HỢP ĐỒNG" (contractual transport vehicle) according to the model in Annex 21 of this Circular.

Article 45. Organization and management of contractual passenger transport

1. Company providing contractual passenger transport service shall pick up and drop off passengers at places specified in the contract and collect transport fare according to the signed contract; must not sell tickets, collect money, accept booking of any passenger in any shape or form.

2. A passenger transport contract is signed between a transport company and an organization/individual who wishes to hire a whole trip of the vehicle. The transport company shall sign only 01 passenger transport contract for a trip.

A passenger transport contract shall specify: time of contract, address of terminals; the itineraries of the two directions (departure/arrival), indicating the departure place, itinerary, the coach stops, the arrival place; quantity of passengers; money shall be paid for the contract; benefits for passengers and other services for passengers during the trip.

A contract for the transport of students or employees shall specify the date and time of the trip.

3. From July 01, 2015, if a transport company uses an automobile vehicle whose payload in design is 10 passengers or more for carrying out a transport contract, then before carrying out the contract, such company shall notify the itinerary (the departure place, the route, the stops and the arrival place), the duration of contract and the quantity of passengers to the Service of Transport issuing the License for transport by email or via website or transport management software of the Service of Transport using the form in Annex 34 of this Cirular. The distance of a trip is determined by its departure and arrival terminals.

Particularly for companies providing contractual transport service for students and employees involving fixed-route, a notification shall be made before the contract is carried out or in case there is an adjustment in route, time of transport and change of the stops.

4. When carrying out a contractual transport, drivers shall bring with him/her the transport contract and the list of passengers using the form in Annex 22 of this Circular (inapplicable to vehicles serving wedding, engagement party, funeral or vehicles serving security and national defense).

Section 6. PASSENGER TRANSPORT INVOLVING AUTOMOBILE VEHICLES

Article 46. Requirements for automobile vehicles involved in passenger transport

1. Notice: name and contact number of transport company on two sides of head part of vehicles or on doors of vehicles.

Notice at a place where the driver can see easily when he/she is operating a vehicle with slogan “TÍNH MẠNG CON NGƯỜI LÀ TRÊN HẾT” according to the model in Annex 10 of this Circular.

2. Quantity, quality and arrangement of seats shall be conformable to the design.

3. Any vehicle shall be equipped with emergency tools and fire extinguishers conformable to regulations.

4. There shall be signboard displaying the phrase “XE VẬN TẢI KHÁCH DU LỊCH” (tourist vehicle) according to the regulations.

Article 47. Organization and management of passenger transport

1. Contractual transport vehicle shall pick up and drop off passengers only at place specified in the contract and collect transport fare according to the signed contract; must not sell tickets, accept booking of any passenger in any shape or form.

2. A passenger transport contract is signed between a transport company and an organization/individual who wishes to hire a whole trip of the vehicle. The transport company shall sign only 01 passenger transport contract for a trip.

A passenger transport contract shall include: time for carrying out the contract, address of departure/arrival; the itinerary (indicating the departure place, the itinerary, the stops, the arrival place); number of passengers; money shall be paid for the contract; the rights of the passengers and other services for passenger during the trip.

3. From July 01, 2015, before carrying out the contract, the transport company shall notify the itinerary (the departure place, the route, the stops and the terminals), the duration of contract and the number of passengers to the Service of Transport issuing the License for transport by email or via website or transport management software of the Service of Transport using the form in Annex 34 of this Circular. The distance of a trip is determined by its departure and arrival terminals.

4. When transporting tourists, drivers shal bring with him/her the tourism transport contract; tour schedule and the list of tourists using the form in Annex 22 of this Circular.

Section 7. REGULATION ON INTERNAL PASSENGER TRANSPORT

Article 48. Requirements for automobile vehicles involving internal passenger transport

Any automobile involved in internal passenger transport whose capacity is at least 16 seats shall satisfy the following requirements:

1. From January 01, 2016, vehicles involved in internal passenger transport shall carry the badge displaying the phrase “XE NỘI BỘ” according to the model in Annex 23 of this Circular.

2. Any vehicle shall be equipped with emergency tools and fire extinguishers conformable to regulations.

3. Quantity, quality and arrangement of seats shall be conformable to the design.

Article 49. Requirements for organizations owning automobile vehicles involved in internal passenger transport

1. Shall use such vehicles only for the transport of employees or students of their organizations.

2. Must not use vehicles carrying the “XE NỘI BỘ” (internal-use vehicles) badge for transporting passengers in form of transport business.

3. Build up a plan on maintenance of vehicles to ensure that vehicles are maintained according to regulations.

4. Build up the Vehicle record to monitor the operation and maintenance of vehicles using the form in Annex 4 of this Circular.

5. Conduct medical examination for drivers and assign only drivers satisfying the requirements for health according to the regulations of the Ministry of Health to operate the vehicle.

Chapter III

TRANSPORT OF GOODS BY AUTOMOBILE VEHICLES

Article 50. Requirements for companies providing goods transport service without direct collection of money that must have a Business license

1. A company providing goods transport service without direct collection of money shall obtain the License for automobile transport if such company:

a) Uses vehicles for transporting hazadous goods specified by the Government on list of dangerous goods and provisions regarding transport of hazardous goods and competence to issue License for transport of hazardous goods.

b) Uses vehicles for transporting oversize/overweight goods according to regulations on vehicular weight and dimensional limits of road, use of overloaded vehicles, vehicles exceeding the dimensional limits, tracked vehicles on road, transport of oversized/overweight cargo, limits on goods loaded on road vehicles running on public roads.

c) Owns at least 05 vehicles.

d) Uses a vehicle that has carrier capacity of 10 tonnes or more for transporting goods.

2. The transport itinerary shall be in accordance with the provisions of clause 2 Article 20 of the Decree No. 86/2014/NĐ-CP dated September 10, 2014 by the Government.

Article 51. Requirements for automobile involved in goods transport

1. There shall be a notice displaying the information specified in Annex 26 of this Circular.

2. Position of the notice

a) For trucks and tractors: notice shall be displayed on the outer side of doors of the cabin part.

b) For trailers and semi-trailers having containers: the notice shall be displayed on the outer sides of the containers.

c) For trailers and semi-trailers without containers: the notice shall be displayed on a metal board and attached to the trailer at a noticeable position.

3. The container of an automobile vehicle for transport of goods shall be in accordance with the License of technical safety and environment sanitation.

4. Vehicles shall be equipped with fire extinguishers conformable to regulations.

5. Automobile vehicles involved in goods transport using containers shall carry a badge displaying the phrase “XE CÔNG-TEN-NƠ” (container tractor) using the sample in Annex 27a of this Circular.

6. Automobile vehicles for goods transport shall have a badge containing “XE TẢI" (truck) according to the sample in Appendix 27b of this Circular.

7. Vehicles carrying the badge displaying the phrase “XE CÔNG-TEN-NƠ” may transport containers and other kinds of goods. Vehicles with the badge “XE TẢI” must not transport containers.

Article 52. Transport contracts, transport records

1. A transport contract shall include: name of the transport company; name of the company or individual requesting the transport; type and amount of goods; the itinerary; address and time of delivery; transport charges; form of payment; agreed provisions for the delivery, the indemnity, the provision of documents relating to goods and other maters relating to the transport.

2. Transport record

a) A transport record shall include: name of the transport company; name of company or individual requesting the transport; the itinerary (the departure place, route and the arrival place); number of the contract (if any), date of contract; type and amount of goods; time of delivery and other matters relating to the transport. The distance of a trip shall be determined by the departure and arrival terminals.

b) The transport record shall bear the seal of the transport company and shall be issued to the driver who shall carry it during the transport of goods. For case of business households, the households owner shall append his signature and ful name on the transport record.

c) After loading goods onto vehicles and before performing the transport, the goods owner (or the person authorized by the goods owner), or representative of the company or individual loading goods onto vehicles shall countersign the conformity of the loading on the Transport record according to the form in Annex 28 of this Circular.

Article 53. Requirements for goods transport companies and drivers

1. Any goods transport company shall be responsible for introducing drivers to the implementation of the regulations on payload of vehicles participating in traffic; must not transport goods exceeding the allowable amount prescribed by law; take charge if a vehicle that is under its management is illegally changed in technical parameter or transport exceeding the allowable amount of goods.

2. Any goods transport company shall manage goods transport vehicles as follows:

a) Install vehicle-tracking device according to Article 6 of this Circular.

b) Build up and carry out a plan on maintenance of vehicles to ensure that vehicles are maintained according to regulations.

c) Build up Vehicle record or software for management of its vehicles to monitor the operation and mainternance of vehicles using the form in Annex 4 of this Circular.

3. Any goods transport company shall be responsible for managing drivers according to regulations in clause 4 Article 4 of this Circular.

4. Apart from the provisions of clauses 1, 2 and 3 of this Article, any goods transport company shall:

a) Obtain a License for goods transport by automobile vehicles. The application form for the License for automobile transport is prescribed in Annex 1 of this Circular; the sample of the License for automobile transport business is prescribed in Annex 2 of this Circular.

b) Formulate and conduct a plan on automobile transport service using the form in Annex 3 of this Circular.

c) Build up and adopt management procedures for traffic safety using the form in Annex 8b of this Circular.

d) Comply with regulations on professional training for transport managers and drivers according to regulations in Article 7 of this Circular.

dd) Relevant documents during the management and operation of transport shall be retained for at least 03 years so as for the inspection and examination.

5. Enterprises/cooperatives providing the goods transport by container shall have a division in charge of managing and supervising traffic safety conditions to carry out the tasks prescribed in Article 5 of this Circular.

6. During the transport, drivers shall bring with him/her the Transport record and other papers relevant to drivers and vehicles according to laws.

7. Drivers shall not transport goods exceeding the allowable amount prescribed by laws.

8. Before performing the transport, drivers shall request the person who is responsible for loading goods onto vehicles to countersign on the Transport record and shall refuse to conduct the transport if goods are loaded unconformably to laws.

9. Drivers shall refuse to operate the vehicle if he/she identifies that such vehicle is not conformable to the conditions for safety or is not installed a vehicle-tracking device or the vehicle-tracking device is out of order.

10. Drivers shall exercise other rights and responsibilities according to he provisions of law.

Chapter IV

BADGES AND SIGNBOARDS

Article 54. General regulations on management and use of badges and signboards

1. Badges and signboards shall be placed at a noticeable position on the windscreen, to the right of the driver. Information displayed on the badge/signboard shal not be erased or changed.

2. Duration of badges

a) The badges “XE CHẠY TUYẾN CỐ ĐỊNH”, “XE BUÝT”, “XE TAXI”, “XE HỢP ĐỒNG”, “XE CÔNG-TEN-NƠ”, “XE TẢI”, “XE TRUNG CHUYỂN” are in effect according to the effect of the License of transport and not exceeding the service life of the vehicle.

b) The badges “XE NỘI BỘ” are in effect for 07 years and within the service life of the vehicle.

c) The effect of badges “XE CHẠY TUYẾN CỐ ĐỊNH” that are issued to supplementary vehicles to provide additional capacity during important holidays and festivals and during the college enrollmentination is specified as follow: for Tet Holiday: not exceeding 30 days; for Festivals, New Year Holiday or college enrollmentination: not exceeding 10 days.

Article 55. Regulations on issuance of badges, signboards

1. If an enterprise has the License for passenger transport by automobile vehicles and documents proving that such enterprise satisfies the conditions for tourist transport imposed by the Services of Culture, Sports and Tourism, then the Services of Transport shall issue signboard enabling automobile vehicles of such enterprise to transport tourist according to the regulations.

2. If an enterprise providing passenger transport taxis service, contractual transport service, goods transport involving containers, trailer tractors or semi trailer-tractors or goods transport vehicles has the License for automobile transport, then the Services of Transport shall issue badges to vehicles on the list submitted by such enterprise according to clause 5 oft his Article.

3. An enterprise/cooperative providing fixed-route automobile transport will be issued badges enabling its auto vehicles to transport if such enterprise/cooperative has a written approval for use of route; approval for modification of transport frequency; notification of vehicle replacement, supplement without increase of transport frequency and if the issued badges are expired, lost or damaged according to the provisions of clause 5 of this Article.

Any enterprise/cooperative wishing to use its vehicles which are involved in an activity in the fixed-route passenger transport to performing contractual passenger transport shall send an application for the “XE HỢP ĐỒNG” badge.

4. Any enterprise/cooperative providing passenger transport by bus which has obtained a written approval for transport on route; approval for modification of transport frequency; a notification of vehicle replacement/supplement or whose issued badges are expired, lost or damaged shall be issued with the badges according to the provisions of clause 5 of this Article.

5. The automobile transport company shall submit directly or by post 01 application for the badge to the Service of Transport where its head office or branch office is located. The application shall comprise:

a) An application form for badge using the form in Annex 24 of this Circular;

b) A copy enclosed with the original or a certified true copy of the Certificate of technical safety and environmetal protection, Certificate of automobile vehicle registration and the contract for lease of vehicles with organizations and individuals leasing finance or property, the contract for lease of vehicles between the cooperative and its members (applicable to vehicles outside the ownership of the transport company). With regard to the vehicles with the license number of another province, the Service of Transport receiving the application shall request the confirmation of the conditions of such vehicles from the Service of Transport issuing license number to such vehicles as prescribed in clause 12 of this Article.

c) Name of electronic information page, user name, password to access to vehicle-tracking devices of vehicles needing badges.

6. Issuance of the “XE NỘI BỘ” badge

The automobile transport company shall submit directly or by post 01 application for badge to the Services of Transport where its head office or branch office is located. The application shall comprise:

a) An application form for badge using the form in Annex 24 of this Circular.

b) A copy enclosed with the original or a certified true copy of the Certificate of Business registration (or the Certificate of enterprise registration), a Certificate of automobile vehicle registration, a Certificate of technical safety and environmental protection.

7. Issuance of the “XE TRUNG CHUYỂN” badge

The “XE TRUNG CHUYỂN” badge shall be issued to enterprises/cooperatives providing fixed-route transport service in local area. The application shall comprise:

a) An application form for badge using the form in Annex 24 of this Circular.

b) A copy enclosed with the original or a certified true copy of the Certificate of automobile vehicle registration and the Certificate of technical safety and environmental protection.

c) A copy of the notification of route, approval for the use of route from the route management agency.

8. From the day on which the conformable application is received, within 02 working days (applicable to vehicles with the license numbers issued by the local governments handling the administrative procedures) or 08 working days (applicable to vehicles with the license number issued by local governments other than those handling the administrative procedures), the Service of Transport shall issue badges to the transport company or the company using internal transport vehicles. If the application is rejected, the Service of Transport shall issue a written response containing the explanation.

Any automobile vehicle subject to installation of vehicle-tracking devices shall be issued with a badge only when such vehicle fully satisfies regulations regarding vehicle-tracking device.

9. Badges/signboards that are expired, lost or damaged will be reissued. Transport companies shall apply for reissuance of badges/signboards at least 10 days before they are expired. The reissuance of badges/signboards shall be in accordance with the provisions of clauses 5, 6, 7 and 8 of this Article.

10. The transport company shall return to the Services of Transport the badges issued to supplementary vehicles immediately when such badges have been expired.

11. Any Service of Transport shall

a) Supervise the fulfillment of business requirements, the report activity of transport company and the compliance with regulations relating to the installation and supply of vehicle-tracking devices and the transmission of data from vehicle-tracking devices.

b) Conduct the destruction of badges/signboards that are revoked or damaged and returned by transport companies.

12. Procedures for verification of conditions of the vehicles involved in the transport

a) Within 02 working days from the day on which the satisfactory application is received, the receiving Service of Transport shall sent a written request for the verification of conditions of the vehicle using the form in Annex 25 of this Circular to the Services of Transport of the local government issuing the license number to such vehicle.

b) Within 03 working days from the day on which the written request is received, the Service of Transport of the local government issuing the license number to the vehicle shall verify and send to the requesting Services of Transport the verification by fax, email or by post. If the request is rejected, the Service of Transport shall make a written response containing the explanation. After confirming, the Service of Transport of the local government issuing license number to the vehicle shall remove the information about such vehicle from the information system from the vehicle-tracking device of the Directorate for Roads of Vietnam; the Service of Transport issuing badge shall update the information about such vehicle since the bagde/signboard is issued.

Chapter V

REGULATIONS ON MANAGEMENT AND PROVISION OF AUXILIARY ROAD TRANSPORT SERVICES

Article 56. Regulations on parking lot

1. Requirements for parking lot

a) Ensure the public order; satisfy the requirements for fire safety and environmental sanitary;

b) The entrances and exits shall ensure the safety and avoid traffic jam.

2. Services at the parking lot:

a) Vehicle safekeeping service.

b) Vehicle maintenance service.

c) Other services according to laws.

3. Requirements for company managing and providing parking service

a) Ensure the public order; satisfy the requirements for fire safety and environmental protection at parking lot.

b) Publish the regulations, prices of services, name and contact number of the regulatory body where the customers can make complaints.

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

d) Facilitate the examination and supervision by regulatory agencies.

dd) Provide the services specified in clause 2 of this Article.

e) Collect parking fees.

g) Prevent the transport vehicle from picking up or dropping off passengers in parking area.

h) Refuse to serve customers who fail to comply with the regulations on parking lot.

4. Responsibilities and entitlements of vehicle’s owners or drivers at parking lot

a) Comply with the regulations and guidance of the staff of the parking lot.

b) Offer a service at the parking lot.

c) Make complaints to competent agencies if the staff at parking lot commit violations.

5. Provincial People’s Committees shall detailedly provide for the organization, management and the operation of parking lots in local areas.

Article 57. Regulations on freight stations

1. Technical requirements for freight stations

2. Services at freight stations

a) Service of loading, unloading, packing and storing of goods.

b) Vehicle safekeeping service.

c) Other services according to laws.

3. Regulations applicable to company managing and trading freight stations

a) Ensure the public order; satisfy the requirements for fire safety and environmental sanitary at the station.

b) Publish regulations, prices of services, name and contact number of the local the Services of Transport where the customer can give complaints.

c) Conduct the inspection of traffic safety conditions of vehicles, drivers and goods before such vehicles depart the station to punctually determine forbidden goods; supervise the vehicles and drivers in parking area.

d) Goods that are loaded on to vehicles shall not exceed the allowable amount prescribe in the Certificate of technical safety and environmental protection.

dd) Disallow a vehicle to load goods if: the license number or driver is unconformable with the information in the transport contract or the Transport record; the vehicle does not satisfy the provisions of Article 53 of this Circular; the driver is founded using alcohol or drugs; the driver does not wear uniform or staff card according to regulations; papers related to the vehicle or the driver are not carried sufficiently.

e) Provide indemnity for customers for any loss or damage of goods during the course of service provision.

g) Faciliate the examination and supervision by regulatory agencies.

h) Provide the services specified in clause 2 of this Article.

i) Collect parking fees.

k) Prevent the transport vehicle from picking up or dropping off passengers in parking area.

l) Refuse to serve customers who fail to comply with the regulations on parking lot.

m) Periodically, before the 20th of every month, gather information about cases in which vehicles are disallowed to depart prescribed in point dd of this clause and the traffic safety conditions at parking lot then make a written report and send to the Services of Transport for handling.

4. Entitlement to make an announcement

A freight station shall be operated only when the declaration of operation of such station is issued by a provincial Service of Transport.

5. Application for a declaration of operation of a freight station

a) An application form for a declaration of the operation of goods station using the form in Annex 29 of this Circular.

b) The site plan of the freight station.

c) The acceptance record according to the technical requirements for freight stations according as prescribed in laws.

d) A written approval for the route to the entrance and the exit of the freight station from competent agencies.

6. Processing of the application

a) Any company trading freight stations shall submit 01 application to the Service of Transport of the area where the station is located.

b) If the application is not conformable to the provisions of clause 5 of this Article, within 02 working days from the day on which the application is received, the Service of Transport shall send a notification directly or in writing containing the contents subject to modification to the applicant.

c) Within 15 working days from the day on which the application is received, the Service of Transport shall conduct an inspection and make an inspection record according to the criteria in clause 1 of this Article then issue a decision on declaration of the operation of the freight stations. The decision shall conform with the form in Annex 30 of this Circular and shall be sent to the Directorate for Roads of Vietnam for the cooperation in management.

d) If the station does not satisfy the technical requirements for freight station, then within 02 working days from the day on which the examination finishes, the inspecting agency shall specify the unsatisfactory contents and send a written notification to the organization operating in such freight station.

dd) The receipt of the application and the notifcation of the result shall be carried out directly at the Services of Transport or via post service.

Article 58. Ticket agencies

1. Any agencies shall obtain the Certificate of business registration (or the Certificate of enterprise registration) according to laws.

2. The contract on ticket agenting with an enterprise providing fixed-route automobile passenger transport service shall include the specification of the obligations and entitlements of the parties.

3. Organizations and individuals providing ticket agency service shall send the local the Service of Transport a written notification containing: address, contact number and a copy of the Certificate of Business registration (or the Certificate of enterprise registration); a list of transport companies that have signed contracts with the ticket agency.

4. Transport companies 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 place of picking-up and dropping-off prescribed by the local Service of Transport.

Article 59. Goods transport agencies

1. Any agencies shall obtain the Certificate of business registration (or the Certificate of enterprise registration) according to laws.

2. Goods transport agencies shall be eligible for the payment for agenting the transport specified in the contract according to the agreement with goods owners.

3. Organizations and individuals providing goods transport agency service shall send the local the Service of Transport a written notification containing: the address, the contact number and a copy of the Certificate of Business registration (or the Certificate of enterprise registration).

Article 60. Goods collection service, transport service, warehouse service

1. Any agencies shall obtain the Certificate of business registration (or the Certificate of enterprise registration) according to laws.

2. Goods shall be stored according to 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. Organizations and individuals providing goods collection service, goods transport service or warehouse service shall send the local Service of Transport a written notification containing: the address, the contact number and a copy of the Certificate of Business registration (or the Certificate of enterprise registration).

4. Goods that are loaded on to vehicles shall not exceed the allowable amount prescribe in the Certificate of technical safety and environmental protection.

Article 61. Roadside rescue service

1. Any organization providing roadside rescue service shall obtain the Certificate of business registration according to laws.

2. Traffic safety and labour safety shall be ensured during the rescue process.

3. Organizations and individuals providing road rescue service shall send the local the Service of Transport a written notification including: address, contact number and a copy of the Certificate of Business registration (or the Certificate of enterprise registration).

Chapter VI

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

Article 62. Directorate for Roads of Vietnam

1. Manage within its competence the automobile transport and roadside rescue activities throughout Vietnam.

2. Build up and submit the planning on interprovincial fixed-route transport to the Ministry of Transport for approval.

3. Preside over and cooperate with Vietnam Automobile transport association in compiling and publishing documents for the professional training for drivers, attendants and the people who operating the transport at transport companies; provide guidance, conduct the examination and supervision of the training.

4. Print and issue consistently the License for transport, badges, signboard (except for the peculiar badge for taxis travelling in local area).

5. Establish database, management software and electronic information pages about the automobile transport. Establish regulations on route number of inter-provincial or provincial fixed-route passenger transport.

6. Apply consistently and widely information technology in the management of transport and auxiliary road transport services. Build up the transport itinerary and provide online public services to handle administrative procedures about transport activities and auxiliary road transport services.

7. Conduct inspectioon and place speed limit signboards particularly for double-decker coachs at necessary position, especially mountainous areas and at dangerous turns on highways.

8. Conduct inspections and handle within its competence the violations against regulations on automobile road transport and auxiliary road transport services according to laws.

Article 63. Services of Transport

Any Service of transport shall:

1. Manage within its competence the automobile transport and roadside rescue services in local area.

2. Make report on the approval of fixed-route for provincial and interprovincial passenger transport and submit it to the Directorate for Roads of Vietnam.

3. Request the provincial People’s Committees to grant approval for:

a) The planning of bus network, planning of provincial fixed-route network; the location of the coach stops serving the fixed-route transport on the road network in local area; the planning of the development of transport involving taxis in local area.

b) The incentive policies applicable to bus passengers and bus transport companies in local area.

c) Economical – technical norm and unit price for bus transport services.

4. Decide the approval of bus trips arrangement; open, close or modify the transport itinerary or trip frequency of bus routes.

5. Decide the declaration of putting a freight station into use.

6. Receive, collect, analyze and use the information from vehicle-tracking device provided by the transport company (or an authorized company) and from the database of Directorate for Roads of Vietnam for the State management in term of transport.

7. Establish database and web portals to provide information about the management of local automobile transport. Provide online public services to handle administrative procedures about transport activities and auxiliary road transport services.

8. Issue the License for automobile transport to passenger transport companies and goods transport companies in local area.

 9. Manage, issue and reissue badges and signboards according to regulations.

10. Preside over and cooperate with local Automobile transport association (if any) in organizing training for transport managers of local transport operation companies as prescribed in the regulations.

Monitor, supervise the training of professional skills and the regulations on the transport to the drivers and attendants; monitor, supervise the propagation, education to increase responsibilities, professional ethics of drivers that are organized by a transport company in local area.

11. Announce the availability of the coach stops for fixed-route transport in local area when the approval for such availability is approved by a provincial People’s Committee before July 01, 2015.

12. Manage the passenger transport involving double-decker coaches.

a) Supervise enterprises providing transport service involving double-decker coaches.

b) Inspect and place speed limit signs for double-decker coachs at necessary position, especially mountainous areas and at dangerous turns on routes under management of local governements.

13. Issue regulations on the permission for use of passenger transit vehicles and the scope and operation duration of passenger transit vehicles in local area.

14. Conduct inspections, examinations and handle within competence violations against the regulations on automobile road transport and auxiliary road transport services according to laws.

Article 64. Vietnam automobile transport association

1. Propagate and expedite the enterprise/cooperative members to comply with the provisions of this Circular.

2. Cooperation with Directorate for Roads of Vietnam and the Services of Transport in providing training for transport operators, drivers and attendants.

Chapter VII

IMPLEMENTATION AND EFFECT

Article 65. Report activities

1. Not later than the 10th of every month, the transport company shall complete an submit the report on the transport activity in the previous month to the Service of Transport. The form for the report on the passenger transport activity is precribed in Annex 31 of this Circular. The form for the report on the goods transport activity is precribed in Appendix 32 of this Circular.

2. Periodically in January, the Services of Transport shall submit the report on the transport activity in local area to Directorate for Roads of Vietnam. Directorate for Roads of Vietnam shall gather the information from reports of the Services of Transport, make a general report and submit it to the Ministry of Transport in every February. The form for the general report on the transport activity is precribed in Appendix 33 of this Circular.

Article 66. Effect

1. This Circular comes into effect from January 01, 2015.

2. Circular No. 18/2013/TT-BGTVT dated August 6, 2013 by the Minister of Transport and Circular No. 23/2014/TT-BGTVT dated June 26, 2014 by the Minister of Transport shall be annulled by the effect of this Circular.

3. The badges prescribed in the Circular No. 18/2013/TT-BGTVT dated August 6, 2013 by the Minister of Transport are valid until the replacement of badges according to the following schedule:

a) From July 01, 2016, applicable to “XE CHẠY TUYẾN CỐ ĐỊNH” (“Fixed route”) badges.

b) From January 01, 2016, applicable to “XE TAXI” (“Taxi”) badges.

c) From January 01, 2017, applicable to “XE HỢP ĐỒNG” (“Contracted”) badges.

d) From July 01, 2017, applicable to “XE CÔNG-TEN-NƠ” (“Tractor-trailer”) badges.

dd) “XE TRUNG CHUYỂN” (“Transit”) badges and “XE NỘI BỘ” (“Internal”) badges are used since this Circular comes into effect.

e) “XE TẢI” (“Truck”) and “XE BUÝT” (“Bus”) badges are used according to the provisions of clause 4 Article 11 of the Decree No. 86/2014/NĐ-CP dated September 10, 2014 by the Government.

Article 67. Responsibilities

1. The competent functional agencies affiliated to the Ministry of Transport, Directorate for Roads of Vietnam and the Services of Transport are responsible for introducing, guiding, expediting and inspecting the implementation and handling of the violations against the regulations on transport and auxiliary road transport service.

2. The Director of Directorate for Roads of Vietnam is responsible for presiding and cooperating with relevant organization of Transport in presiding over, expediting and supervising the implementation of this Circular.

3. The Chief of the Ministry Office, the Chief Inspector of Ministry, the Heads of Department, Director of the Services of Transport of provinces, Heads of relevant organizations and relevant individuals are responsible for implementing this Circular./.