Nội dung toàn văn Decree 10/2020/ND-CP auto transport business and conditions for auto transport business
THE GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM |
No. 10/2020/ND-CP | Hanoi, January 17, 2020 |
DECREE
ON AUTO TRANSPORT BUSINESS AND CONDITIONS FOR AUTO TRANSPORT BUSINESS
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Road Traffic dated November 13, 2008;
Pursuant to the Law on Investment dated November 26, 2014 and Law on Amendment to Article 6 and List of Conditional Investments in Appendix 4 of Law on Investment dated November 26, 2014;
At the request of the Minister of Transport;
The Government hereby promulgates a Decree on auto transport business and conditions for auto transport business.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for auto transport business, conditions for auto transport business, issuance and revocation of auto transport business license and automobile signage, and announcement of new stations.
Article 2. Regulated entities
This Decree is applicable to organizations and individuals operating or involving in the auto transport business.
Article 3. Definitions
For the purposes of this Decree, the terms below shall be construed as follows:
1. “transport business” refers to an enterprise, a cooperative or a household business operating an auto transport business.
2. “auto transport business” includes one or more than one main transport activity (coordinating, driving or transport cost pricing) carried out to transport passengers or goods on the road for profit.
3. “fixed route” means a passenger transport route which is announced by the competent authority and the journey, schedule, departure station and arrival station (or bus terminus for bus routes) of which are predetermined.
4. “fixed-route transport business” means an auto transport business in which passengers are transported on a fixed route.
5. “fixed-route bus business” means an auto transport business in which the bus operates on a fixed route and picks up or drops off passengers at designated locations. Fixed bus routes include:
a) Provincial bus routes, which run within the limit of a province or central-affiliated city;
b) Interprovincial bus routes, which pass through two or three provinces and/or central-affiliated cities.
6. “taxi business” means a business in which an automobile having fewer than 9 seats (including the driver) transports passengers according to the schedule and journey requested by the passengers; and a taximeter is used to calculate the fare or a piece of software is run to book or cancel a ride, calculate the fare and connect with the passengers directly and electronically.
7. “passenger automobile rental business” means a business in which passengers are transported by an automobile under a physical or electronic passenger transport contract (hereinafter referred to as “transport contract”) between the operator of a passenger automobile rental business and a person who would like to hire both the automobile and its driver.
8. “tourist transport business” means a business in which tourists are transported by an automobile according to a travel itinerary and a physical or electronic transport contract or travel contract between the operator of a tourist transport business and a person who would like to hire both the automobile and its driver.
9. “shuttle service” means a free-of-charge service by an enterprise or a cooperative operating a fixed-route transport business in which automobiles with maximum 16 seats (including the driver) transport its passengers to or from a bus station or a fixed route’s pick-up or drop-off point located in the province where the route starts or ends.
10. “design payload” of an automobile means the maximum number of passengers and amount of cargo that the automobile can carry according to its manufacturer’s regulations.
11. “permissible payload” of an automobile means the maximum number of passengers and amount of cargo that the automobile is permitted to carry on the road, which shall not exceed its design payload.
12. “bus station” means a facility of the road infrastructure that allows automobiles to pick up and drop off passengers and provide auxiliary passenger transport services.
13. “cargo station” means a facility of the road infrastructure that allows trucks to load and unload cargo and provide auxiliary freight services.
14. “rest stop” means a facility of the road infrastructure at which passengers and vehicles can stop and rest during their journeys.
15. “departure time of each automobile” means the time at which an automobile must depart from a bus station.
16. “route" means a specific path taken by an automobile and determined based on its departure point, arrival point and other stops along the way.
17. “schedule" means the time an automobile completes a route starting from its departure to its arrival, including the times the automobile will depart from or arrive at some particular stops of the route.
18. “schedule compilation” means a compilation of schedules of services that run on one route at consistent intervals for a certain period of time.
19. “transport marketplace application” means an application that provides the protocols to connect transport businesses and drivers with passengers or automobile renters on the digital environment.
20. “automobile or driver coordination” refers to the process where an organization or individual assigns a passenger or freight transport task to a driver via the transport marketplace application, a transport order or a transport contract.
Chapter II
PROVISIONS ON AUTO TRANSPORT BUSINESS
Article 4. Fixed-route transport business
1. Enterprises and cooperatives granted the auto transport business license which permits fixed-route transport may apply to operate fixed routes according to regulations in Article 20 of this Decree.
2. A fixed route must start and end at bus stations ranked from level 1 to level 6. For remote and isolated areas and areas with socio-economic difficulties where bus stations ranked from level 1 to level 6 are unavailable, their fixed routes may start and end at stations ranked below level 6.
3. Management of fixed routes shall focus on the following tasks:
a) Formulate, amend and release route network lists;
b) Release schedule compilations; update the following information to route network lists: Maximum number of services on a route, minimum intervals between consecutive services, departure time of operated services and list of operators thereof; and formulate and announce pick-up points and drop-off points of each route;
c) Monitor transport operations of enterprises, cooperatives and bus stations related to the routes; compile results of such operations and count passengers.
4. Automobiles used to operate a fixed-route transport business shall:
a) Reserve priority seats for people with physical disabilities, the elderly and pregnant women;
b) Have the “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE AUTOMOBILE”) signage affixed beneath the front windscreen on the right-hand side;
c) Have all required information affixed on their bodies.
5. Automobiles used to operate a shuttle service must be affixed with the “XE TRUNG CHUYỂN” (“SHUTTLE BUS”) signage beneath the front windscreen on the right-hand side and have all required information affixed on their bodies.
6. Regulations on extra services for reduction of passenger load on fixed routes
a) For extra services on public holidays and dates of national high school graduation examinations, enterprises and cooperatives operating fixed routes (hereinafter referred to as “fixed route operators”) shall finalize plans for extra services with bus stations based on actual demand; and report to Departments of Transport of the provinces where relevant bus terminus are located for promulgation of a consolidated plan;
b) For extra services for surge in demand on Friday and weekends, fixed route operators shall finalize plans for extra services with bus stations based on actual demand; and report to Departments of Transport of the provinces where relevant bus terminus are located for implementation within the year. Based on these plans and actual passenger load at each bus station, each station shall confirm extra services in the transport order of the fixed route operator. The automobiles used for extra services must be affixed with unexpired “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE AUTOMOBILES”), “XE HỢP ĐỒNG” (“RENTED AUTOMOBILE”) or “XE Ô TÔ VẬN TẢI KHÁCH DU LỊCH” (“TOURIST AUTOMOBILE”) signage.
7. Bus station operators shall provide auxiliary transport services for fixed route operators as agreed upon in concluded contracts; inspect fulfillment of conditions applicable to automobiles and drivers and give their confirmation in transport orders; and permit only qualified passenger automobiles to depart.
8. Bus stations must employ the bus station management software to manage departures, arrivals and provide information (including station’s name; fixed route operator’s name; driver's full name; registration plate number; operating route; time of departure and number of passengers at time of departure) in transport orders of each service in their stations to Directorate for Roads of Vietnam. Time limit for this task is before July 01, 2020 for level 1 to level 4 bus stations and before July 01, 2021 for the remaining bus stations. From July 01, 2022, prior to any departure, fixed route operators shall provide information (including station’s name; fixed route operator’s name; driver's full name; registration plate number; operating route; time of departure and number of passengers at time of departure) in transport orders via the software of the Ministry of Transport.
Article 5. Fixed-route bus business
1. Enterprises and cooperatives granted the auto transport business license which permits fixed-route bus business may participate in bidding or receive orders regarding operation of bus routes included in published route network lists.
2. Automobiles used for bus business shall:
a) Reserve priority seats for people with physical disabilities, the elderly and pregnant women;
b) Have the “XE BUÝT” (“BUS”) signage affixed beneath the front windscreen on the right-hand side and have all required information affixed on their bodies;
c) Have at least 17 seats. Location and number of seats and standing passengers and other technical regulations for buses shall comply with the technical regulations promulgated by the Ministry of Transport. Automobiles having between 12-17 seats may be used for bus routes running through bridges whose load capacity is less than 05 tonnes or bus routes 50% of which consists of roads below level IV (or roads whose cross section is less than 07 meters).
3. Management of fixed bus routes shall focus on the following tasks:
a) Formulate, amend and publish route network lists, schedule compilations, ticket prices (for routes given fare subsidy) and the state’s incentive policies for promotion of public transport bus services in localities;
b) Regulate and organize bidding and placement of orders concerning operation of bus routes included in route network lists;
c) Build, maintain and manage bus infrastructure; decide technical criteria and locations of bus terminus and other bus stops in localities;
d) Monitor route operations of enterprises and cooperatives and compile results of such operations; and count passengers.
4. Before July 01, 2022, the enterprise or cooperative operating a bus business shall provide information (including enterprise or cooperative’s name; driver's full name; registration plate number; operating route and time of departure) in transport orders of each bus via the software of the Ministry of Transport.
5. Buses shall be allocated separate pick-up and drop-off areas in transport hubs, tourism areas, tourist accommodations, tourist attractions, cultural-sports establishments, shopping malls, transport nodes and intermodal passenger transport hubs; and given priority in metropolises.
Article 6. Taxi business
1. Automobiles used for taxi business shall:
a) Have the “XE TAXI” (“TAXI”) signage affixed beneath the front windscreen on the right-hand side and have all required information affixed on their bodies;
b) Have the “XE TAXI" (“TAXI”) phrase, which is made out of retroreflective material and 06 x 20 cm in size, affixed on the front and back windshields; or
Have an LED “TAXI” signboard of at least 12 x 30 cm installed on the top of their roofs;
c) If the time a passenger automobile operates in a locality accounts for 70% of its total operating time in a month, it must obtain the signage from that locality; the total operating time shall be determined using the data obtained from its tracker.
2. For taxis equipped with taximeters:
a) The meter must be inspected and affixed with a lead seal by a competent measuring and inspecting authority, and connected to an invoice or receipt printer; both the meter and printer must be fixed at a location easily seen by passengers; and the driver shall print and give an invoice or a receipt to the passenger when the trip ends;
b) Receipts must include the following basic information: name of the transport business, the taxi’s registration plate number, the travel distance (km) and total amount of payment.
3. For taxies equipped with the software capable of booking, canceling and charging rides (hereinafter referred to as “ride hailing software"):
a) The taxi must be equipped with a device directly connecting with passengers for booking and canceling rides;
b) The ride is charged based on the distance showed on the digital map;
c) The ride hailing software must comply with regulations of laws on electronic transactions; the interface for passengers must show the transport enterprise or cooperative's name or logo and provide the following basic information for passengers prior to any ride: name of the transport business, driver’s full name, the taxi’s registration plate number, the route and distance thereof (km), total amount of payment and phone number for feedbacks from passengers.
4. After a ride is completed, the enterprise or cooperative using the ride hailing software must send the ride’s electronic invoice to the passenger via the software and send the invoice's information to its supervisory tax authority according to regulations from the Minister of Finance.
5. The enterprise or cooperative operating a taxi business must notify the Department of Transport which issues its business license of the payment method employed by its taxis prior to its operation.
6. Taxis shall be allocated separate pick-up and drop-off areas in transport hubs, tourism areas, tourist accommodations, tourist attractions, cultural-sports establishments and shopping malls; and given priority in metropolises.
Article 7. Passenger automobile rental business
1. Automobiles to be leased must:
a) Have the “XE HỢP ĐỒNG” (“RENTED AUTOMOBILE”) signage affixed beneath the front windscreen on the right-hand side and have all required information affixed on their bodies;
b) Have the “XE HỢP ĐỒNG" (“RENTED AUTOMOBILE”) phrase, which is made out of retroreflective material and 06 x 20 cm in size, affixed on the front and back windshields;
c) Comply with the regulations in Point c Clause 1 Article 6 of this Decree.
2. The transport contract between the passenger automobile rental business and the renter must be concluded before the trip.
3. Passenger automobile rental businesses and their drivers shall:
a) Only sign transport contracts with renters who would like to rent the whole automobile (including the driver); and pick up and drop off passengers at the locations stated in the concluded contract;
b) Not pick up any passenger not included in the passenger list enclosed with the concluded contract and provided by the business; confirm booking individually; sell tickets or charge passengers individually in any shape or form; or establish a fixed itinerary or schedule to serve multiple passengers or renters;
c) Not pick up or drop off passengers on a daily basis at the rental business’s premises or another fixed location rented or co-operated by the rental business;
d) In a month, the number of trips with the same point of departure and point of arrival that an automobile make shall not exceed 30% of its total trips; data from the automobile’s tracker and concluded transport contracts shall be used to identify theses points.
4. When transporting passengers, besides bringing the documents required by the Law on Road Traffic, drivers must:
a) Bring the physical transport contract signed by the passenger automobile rental business (unless otherwise provided for in Point c herein);
b) Bring the passenger list bearing a mark of confirmation from the passenger automobile rental business (unless otherwise provided for in Point c herein);
c) If the electronic contract is used, the driver must be equipped with a device capable of accessing the contract and enclosed passenger list provided by the passenger automobile rental business;
d) Drivers serving funerals and weddings are exempt from the regulations in Points a, b and c herein.
5. Before a trip, passenger automobile rental businesses must provide the basic information required by Clause 2 (excluding Points e and g) Article 15 of this Decree to the Department of Transport issuing its transport business license in writing or via email. From January 01, 2022, passenger automobile rental businesses shall provide basic information of transport contracts via the software of the Ministry of Transport.
6. Regulations on transport of students or officials and public employees to school or to work for passenger automobile rental businesses and drivers thereof:
a) Before executing the contract, the rental business must inform the basic information required by Clause 2 (excluding Points e and g) Article 15 of this Decree once; and must inform again upon any change to the route, schedule or pick-up or drop-off point;
b) The business and its drivers shall transport only students, officials and/or public employees to school or to work and are exempt from the regulations in Points c and Clause 3, Points b and c Clause 4 and Clause 5 of this Article.
7. Rental automobiles may pick up and drop off passengers at locations not included in the transport contract only in case of human emergency or natural disasters or conflict requested by competent authorities.
8. Departments of Transports shall send lists of automobiles issued with the rental automobile signage to People’s Committees of the communes where the headquarters or a branch of each rental business is located for cooperation in management.
Article 8. Tourist transport business
1. Automobiles used for tourist transport business shall:
a) Have the “XE Ô TÔ VẬN TẢI KHÁCH DU LỊCH” (“TOURIST AUTOMOBILE”) signage affixed beneath the front windscreen on the right-hand side and have all required information affixed on their bodies;
b) Have the “XE DU LỊCH" (“TOURIST AUTOMOBILE”) phrase, which is made out of retroreflective material and 06 x 20 cm in size, affixed on the front and back windshields;
c) Comply with the regulations in Point c Clause 1 Article 6 of this Decree.
2. The transport contract or a travel contract concerning hire of both the automobile and the driver between the tourist transport business and the renter must be concluded before the trip.
3. Regulations for tourist transport businesses, travel businesses and drivers:
a) The tourist transport business shall only sign transport contracts with renters who would like to rent the whole automobile; and passengers shall be picked up and dropped off at the locations stated in the concluded transport or travel contract;
b) It is forbidden to pick up any passenger not included in the passenger list enclosed with the concluded contract and provided by the transport business; confirm booking individually; sell tickets or charge passengers individually in any shape or form;
c) If the point of departure and point of arrival are not located in the same province or central-affiliated city, the tourist automobile shall not pick up or drop off tourists on a daily basis at the premises of the transport business or another fixed location rented or co-operated by the transport business;
d) In a month, the number of trips whose point of departure and point of arrival are not located in the same province or central-affiliated city that an automobile make shall not exceed 30% of its total trips; data from the automobile’s tracker and concluded transport contracts shall be used to identify theses points.
4. When transporting tourists, drivers shall bring the documents required by the Law on Road Traffic and comply with the regulations in Points a, b and c Clause 4 Article 7 of this Decree.
5. Tourist transport businesses shall satisfy the regulations in Clause 5 Article 7 of this Decree prior to operation.
6. Tourist automobiles shall be allocated separate areas to pick up and drop off tourists visiting transport hubs, tourism areas, tourist attractions and tourist accommodations and may operate on routes leading to tourist attractions, tourist accommodations and places of provision of tourism services at any time and in compliance with regulations of local government.
7. Tourist automobiles may pick up and drop off passengers at locations not included in the transport contract only in case of human emergency or natural disasters or conflict requested by competent authorities.
8. Departments of Transports shall send lists of automobiles issued with the tourist automobile signage to People’s Committees of the communes where the headquarters or a branch of each transport business is located for cooperation in management.
Article 9. Trucking business
1. A box truck business is a business that employs 1,500-kg automobiles to transport cargo for reward, which is calculated by a taximeter or the ride hailing software installed on the automobile. The "TAXI TẢI” (“BOX TRUCK”) phrase and the business’s phone number and name shall be affixed on the truck’s doors or both sides of its body.
2. Oversize load transport business
a) Oversize load transport business is a business where suitable automobiles are employed to transport nondivisible cargo whose size or weight exceeds the legally permitted limit;
b) When transporting oversize loads, drivers must bring an unexpired permit to operate oversized or overweight vehicles issued by the competent authority.
3. Hazardous cargo transport business is a business where automobiles are employed to transport cargo containing dangerous substances that may pose a threat to human life or health, the environment or national security and safety. Automobiles transporting hazardous cargo must obtain the permit to transport hazardous cargo from the competent authority.
4. Tractor truck business is a business where tractor units attached to trailers or semi-trailers are employed to transport containers.
5. Ordinary cargo transport business is a trucking business not regulated by Clause 2, Clause 3 and Clause 4 herein.
6. Tractor trucks must be issued with the “XE CÔNG-TEN-NƠ” (“TRACTOR TRUCK”) signage, tractor units attached to trailers or semi-trailers must be issued with the “XE ĐẦU KÉO” (“TRACTOR UNIT”) signage and commercial automobiles transporting ordinary cargo and box trucks must be issued with the “XE TẢI” (“TRUCK”) signage. These types of signage shall be affixed beneath the front windscreen on the right-hand side of each automobile; and all required information must be affixed on each automobile’s body according to guidelines from the Minister of Transport.
7. Trucking businesses shall take responsibility for loading cargo onto automobiles following guidelines from the Minister of Transport.
8. Trucking businesses must issue transport orders to their drivers. Transport orders must include confirmation (signature and full name) of the amount of cargo loaded onto the automobile from the cargo owner (or a person authorized by the cargo owner) or the representative of the entity or the individual loading the cargo.
9. When transporting cargo, the driver must bring the physical transport order or a device capable of showing the transport order’s contents and other documents related to the driver and the automobile required by law. Transport businesses and their drivers shall not transport cargo exceeding the permitted weight.
10. Bicycles, motorcycles and other similar vehicles shall be transported through road tunnels according to regulations in Clause 5 herein.
11. Physical or electronic transport orders shall be issued by trucking businesses and composed of the following basic information: business’s name; automobile’s registration plate number; renter’s name; route (points of departure and arrival); contract's number and signing date (if any); and type of goods and weight of cargo to be transported. From July 01, 2022, prior to any transport, trucking businesses must provide the basic information of transport orders via the software of the Ministry of Transport.
Article 10. Limitations of liability of trucking business operators to compensation for cargo damage, loss or shortage
1. Compensation for cargo damage, loss or shortage shall be given according to the transport contract or agreement between the transport business operator and the renter.
2. Compensation shall be given according to the ruling of the court or an arbitrator if the regulation in Clause 1 of this Article is inapplicable.
Article 11. Regulations on traffic safety in auto transport business
1. Transport businesses, bus stations and cargo stations must formulate and implement traffic safety procedures.
2. Traffic safety procedures must specify the following contents:
a) For transport businesses: monitoring of drivers and automobiles throughout the operation of their businesses; inspection of traffic safety requirements for drivers and automobiles prior to their journeys (taxi businesses shall make this inspection according to their own plans); compliance with regulations on non-stop driving time and daily driving time; commercial automobile maintenance; inspection and monitoring of automobiles and drivers at work; plans to ensure all passengers have exited passenger automobiles; transport operation and traffic safety training for drivers; plans for handling of traffic accidents; and traffic safety reporting regimes for drivers and transport coordinators;
b) For bus or cargo station operators: inspection of traffic safety requirements for automobiles, drivers, cargo and luggage of passengers prior to departure; inspection and monitoring of automobiles and drivers in the stations; and traffic safety reporting regime.
3. Auto transport businesses shall:
a) Operate their commercial automobiles in compliance with the operation regulations stated in Clauses 1 and 3 Article 53 and Clauses 2, 3 and 5 Article 55 of the Law on Road Traffic; equip safety belts for all seats and beds (excluding provincial buses) and provide instructions on traffic safety and on-board emergency evacuation for passengers;
b) Not operate double-decker sleeper buses on level V and level VI mountainous roads;
c) Employ drivers with at least 02 years of experience in driving passenger automobiles having at least 30 seats (including the driver) to drive double-decker sleeper buses;
d) Formulate and update required information on employment of their automobiles and drivers in each automobile’s service history and driver’s work history. From July 01, 2022, this task may be carried out via the software for auto transport business management of the Ministry of Transport.
4. Transport businesses and commercial car drivers shall comply with regulations on daily driving time and non-stop driving time in Clause 1 Article 65 of the Law on Road Traffic. Regulations on break time between 2 non-stop driving periods are as follows:
a) At least 05 minutes for taxi drivers and provincial bus drivers;
b) At least 15 minutes for drivers of passenger automobiles running on fixed routes, interprovincial buses, rental passenger automobiles, tourist automobiles, tractor trucks and trucks.
5. Minister of Transport shall stipulate formulation and implementation of traffic safety procedures for auto transport business and the roadmap for application of traffic safety procedures in stations; duties of traffic safety managers and supervisors; instructions on traffic safety and on-board emergency evacuation for passengers; and guidelines for formulation and update of automobile’s service history and driver’s work history.
Article 12. Regulations on automobile trackers
1. Commercial automobiles and shuttle buses must be equipped with automobile trackers.
2. Automobile trackers must comply with national technical regulations, be in good condition and operate continuously.
3. Automobile trackers must satisfy the following requirements:
a) Automobile trackers shall retain and transmit information on routes, driving speed and non-stop driving time to the vehicle tracking data system of the Ministry of Transport (Directorate for Roads of Vietnam);
b) Information from automobile trackers shall be used for state management of transport and operation of transport businesses and shared with the Ministry of Public Security (Traffic Police Authority) and Ministry of Finance (General Department of Taxation) for cooperation in state management of traffic order and safety; public order and security; and tax.
4. Directorate for Roads of Vietnam shall retain data on traffic violations for 03 years.
5. Transport businesses shall maintain operation of automobile trackers to provide the information prescribed in Point a Clause 3 of this Article.
6. Transport businesses and commercial car drivers shall not employ technical measures, peripherals or other measures to disrupt GPS or GSM signal or falsify data from automobile trackers. Before operating an automobile, the driver must use their driver identity card to log in to the automobile tracker and log out after the drive to record their non-stop driving time and daily driving time.
Chapter III
PROVISIONS ON CONDITIONS FOR AUTO TRANSPORT BUSINESS
Article 13. Conditions for passenger transport business
1. Requirements for passenger automobiles:
a) The passenger transport business must own the passenger automobiles or hold the right to use them according to the written automobile rental contract between the business and another organization or individual or the business cooperation agreement as per the law.
If an automobile belongs to a member of an cooperative, the member and the cooperative must sign a service contract which specifies the rights, responsibilities and obligations of the cooperative regarding the management, use and operation of such automobile;
b) Automobiles used to operate a fixed-route transport business shall have at least 09 seats (including the driver). Their service life is regulated as follows: Cars making journeys longer than 300 km shall have a service life of 15 years (starting from the year of manufacture) and those making journeys under 300 km shall have a service life of 20 years (starting from the year of manufacture);
c) Buses shall have a service life of 20 years (starting from the year of manufacture);
d) Taxis shall have fewer than 09 seats (including driver) and a service life of 12 years (starting from the year of manufacture); cars having fewer than 09 seats (including the driver) converted from cars with at least 09 seats and cars whose size or appearance resembles those with at least 09 seats are prohibited from being used in the taxi business;
c) Tourist automobiles shall a service life of 15 years (starting from the year of manufacture). Regulations on service life of passenger automobiles operating under contracts are as follows: Cars making journeys longer than 300 km shall have a service life of 15 years (starting from the year of manufacture) and those making journeys of 300 km at the maximum shall have a service life of 20 years (starting from the year of manufacture).
Tourist automobiles and passenger automobiles having fewer than 09 seats (including the driver) and operating under electronic contracts shall have a service life of 12 years (starting from the year of manufacture).
2. Before July 01, 2021, passenger automobiles having at least 09 seats (including the driver) must be equipped with cameras to record images inside each automobile (including the driver and the car doors) while it is on the road. These images shall be provided for the police force, traffic inspectors and the licensing authority to ensure transparent supervision. Time limit for retention of these images is as follows:
a) At least for the last 24 hours for automobiles making journeys of 500 kilometers at the maximum;
b) At least for the last 72 hours for automobiles making journeys of more than 500 kilometers.
Article 14. Conditions for trucking business
1. The trucking business must own the trucks or hold the right to use them according to the written automobile rental contract between the business and another organization or individual or the business cooperation agreement as per the law.
If a truck belongs to a member of a cooperative, the member and the cooperative must sign a service contract which specifies the rights, responsibilities and obligations of the cooperative regarding the management, use and operation of such truck.
2. Before July 01, 2021, tractor trucks and tractor units must be equipped with cameras to record images of the driver driving. These images shall be provided for the police force, traffic inspectors and the licensing authority to ensure transparent supervision. Time limit for retention of these images is as follows:
a) At least for the last 24 hours for automobiles making journeys of 500 kilometers at the maximum;
b) At least for the last 72 hours for automobiles making journeys of more than 500 kilometers.
Chapter IV
PROVISIONS ON TRANSPORT CONTRACTS
Article 15. General regulations on transport contracts
1. A physical or electronic transport contract is an agreement between contract parties according to which the transport business will transport passengers, luggage or cargo to an agreed-upon location in exchange for reward payable to the passengers or the automobile renter.
2. A passenger or cargo transport contract must have all of the following basic information:
a) Information on the contracting transport business, including its name, address, phone number, tax identification number and the representative signing the contract;
b) Information on the driver, including full name and phone number;
c) Information on the passengers or automobile renter (organization or individual), including name, phone number and tax identification (if any);
d) Information on the automobile, including its registration plate number and payload;
dd) Information on contract execution, including start and end of the contract (date and time); addresses of first stop, last stop, pick-up points and drop-off points (or loading and unloading points) on the journey; journey’s length (km); and number of passengers (or weight of cargo);
e) Information on the contract’s value and payment method;
g) Regulations on responsibilities of contract parties for contract execution, which specifies fulfillment of tax obligations to the state; rights and obligations of the transporting party, passengers or the renter; phone number for receipt and settlement of complaints and denunciations from passengers; commitment to contract execution and indemnity paid to the renter and/or passengers.
3. Basic information in passenger or cargo transport contracts may be used for the purpose of state management of transport; or may be provided for competent authorities, price management authorities, tax authorities, and the police force and/or transport inspectors upon request.
Article 16. Regulations on execution of electronic contracts
1. Electronic contracts shall be executed according to regulations in this Decree and other relevant regulations of laws.
2. Regulations on use of electronic contracts by a transport business:
a) The interface of the software provided for the client or renter must show its full name or logo, the emergency phone number and the basic information prescribed in Clause 2 Article 15 herein;
b) The electronic invoice of each trip must be sent to the account that the client or renter uses to conclude the contract and information on this invoice must be sent to the tax authority according to regulations from the Minister of Finance;
c) Electronic contracts shall be retained for at least 03 years.
3. Regulations for drivers of commercial automobiles working under electronic contracts:
a) They shall comply with the regulations in Clause 4 Article 7 and Clause 4 Article 8 of this Decree;
b) They shall provide information in electronic contracts for competent authorities upon request.
4. Regulations for renters and passengers entering into electronic contracts:
a) They shall use devices capable of showing the full contents of electronic contracts;
b) They shall abide by regulations of laws when concluding electronic contracts with transport businesses.
Chapter V
PROVISIONS ON ISSUANCE AND REISSUANCE OF AUTO TRANSPORT BUSINESS LICENSE AND SIGNAGE; STATION ANNOUNCEMENT; FIXED ROUTE OPERATION APPLICATION, TERMINATION AND SUSPENTION
Article 17. Issuance of auto transport business license
1. Auto transport businesses must obtain the auto transport business license (hereinafter referred to as “business license”).
2. The business license shall include:
a) Name and address of the transport business;
b) Business registration certificate (enterprise registration certificate), including its number, date of issuance and issuer;
c) Legal representative;
d) Business type;
dd) Issuer of the business license.
3. Departments of Transport have the power to issue the business license.
Article 18. Application for issuance and reissuance of business license
1. For enterprises and cooperatives operating a transport business, an application for the business license consists of:
a) An application for the business license made using the form in Appendix I of this Decree;
b) Copies of degrees and/or certificates of the person directly operating the transport business;
c) A copy or the authentic copy of the decision on establishment and regulations on functions and duties of the traffic safety management and monitoring unit (for enterprises and cooperatives operating fixed-route transport business, buses, taxis, tractor trucks and passenger transport under electronic contracts).
2. For household businesses operating a transport business, an application for the business license consists of:
a) An application for the business license made using the form in Appendix I of this Decree;
b) A copy of the business registration certificate.
3. An application for reissuance of the business license due to change to the license’s contents consists of:
a) An application for reissuance of the business license made using the form in Appendix I of this Decree, which specifies the reason for reissuance;
b) Documents denoting the change to the contents stated in Clause 2 Article 17 of this Decree (documents directly related to the changed content).
4. An application for reissuance of the business license due to loss or damage includes an application for reissuance of the business license made using the form in Appendix I of this Decree.
5. An application for reissuance of a revoked business license comprises:
a) For enterprises and cooperatives, the regulations in Clause 1 herein shall apply; for household businesses, the regulations in Clause 2 herein shall apply;
b) Documents proving remedial actions have been taken against the violation leading to revocation of the business license.
Article 19. Procedures for issuance, reissuance and revocation of business license
1. Procedures for issuance of the business license:
a) The transport business shall submit an application for the business license to the issuing authority. If the application needs to be amended, the issuing authority shall inform the contents to be amended to the applicant directly or in writing or via the online public services system within 03 working days from the date of receipt of the application;
b) Within 05 working days from the date of receipt of the adequate application, the issuing authority shall appraise the application and issue the license made using the form in Appendix II of this Decree. If the application is rejected, the issuing authority shall explain the reason to the applicant in writing or via the online public services system.
2. If the business license is revoked or there is any change to its content, it may be reissued following the procedures prescribed in Clause 1 herein.
3. Procedures for reissuance of the business license in case it is lost or damaged:
a) The transport business shall submit an application for reissuance of the business license to the Department of Transport of the province where the business’s headquarters or branch is located. If the application needs to be amended, the issuing authority shall inform the contents to be amended to the applicant directly or in writing or via the online public services system within 02 working days from the date of receipt of the application;
b) Within 03 working days from the date of receipt of the adequate application, the issuing authority shall issue the auto transport business license made using the form in Appendix II of this Decree. If the application is rejected, the issuing authority shall explain the reason to the applicant in writing or via the online public services system.
4. The issuing authority shall inspect information about the business registration certificate or enterprise registration certificate on the national business registration portal before issuing the business license.
5. Applications shall be received and results shall be informed at the office of the issuing authority or by post or via other forms suitable according to regulations. In case an application is submitted to the issuing authority directly or by post, the receiver shall update information in the application to the online public services system of the Ministry of Transport as regulated.
The issuing authority shall handle applications and issue the business license on the online public services system of the Ministry of Transport.
6. A transport business will have its business license revoked for an indefinite period of time in any of the following cases:
a) A copy of a document included in the business license application is inconsistent with the authentic copy or contains erroneous information;
b) The transport business has stopped operating for 06 months starting from the date of issuance of the business license or for 06 consecutive months;
c) The transport business terminates its operation according to regulations of laws or of its own volition;
d) Image data from car cameras are edited or falsified before, during or after transmission.
7. An issuing authority has the power to revoke the business licenses it issued following this procedure:
a) Promulgate a decision to revoke the business license;
b) Send the business license revocation decision to the transport business and post an update on the Department of Transport’s website;
c) Report to Directorate for Roads of Vietnam and provincial People’s Committee and notify the business license revocation decision to relevant authorities for cooperation;
d) Upon promulgation of the business license revocation decision, the transport business shall submit its business license and signage to the issuing authority and stop all transport business activities according to this decision immediately after its entry into force.
8. Transport businesses whose business licenses are suspended by competent authorities must cease all transport business activities according to the decision to impose administrative sanction. After the suspension period has lapsed, if a transport business wishes to resume operation, it shall reapply for the business license as prescribed in Clauses 1 and 2 of Article 18 of this Decree and provide documents proving that remedial actions have been taken against the offense leading to such suspension.
9. During the period in which a transport business has its auto transport business license suspended by a competent authority, Departments of Transport shall not reissue the suspended business license or relevant signage.
Article 20. Procedures for application for and termination of operation of fixed routes
1. Based on announced fixed route list and schedules, enterprises and cooperatives granted the auto transport business license which permits fixed-route transport may apply to operate a route at any departure time not already selected by another entity.
2. For a new route not yet announced by competent authorities:
a) The enterprise or cooperative operating a transport business shall formulate a plan, finalize the departure time with the departing station and arriving station, and submit such plan to Departments of Transport of the provinces where these two stations are respectively located to apply to operate the route as regulated;
b) In case the enterprise or cooperative and the departing/arriving station could not agree on a departure time, the Department of Transport shall decide the departure time as proposed by the enterprise or cooperative;
c) Department of Transport (of the province where the transport business’s headquarters or branch is located) shall issue signage for the business’s automobiles, update the route list according to regulations in Point a and Point b Clause 3 Article 4 of this Decree and report to the Ministry of Transport and People's Committee of its province for them to consider updating the route list and announcing such update in compliance with guidelines from the Minister of Transport.
3. An application for operation of a route includes:
a) An application for operation of the route made using the form in Appendix III of this Decree;
b) A copy of the agreement between the departing station and arriving station and the enterprise or cooperative operating the route (for new routes).
4. Procedure for application for operation of a route applicable until the end of June 30, 2021:
a) The enterprise or cooperative shall submit an application to the Department of Transport which has issued its business license;
b) Within 02 working days from the date of receipt of the application, the Department of Transport shall inspect it and inform the applicant of any amendment required directly or in writing.
Within 02 working days from the date of receipt of the request for amendment from the Department of Transport, the applicant shall complete the application as requested. In case the application is not completed within such time limit, it will be disqualified and the Department of Transport will inspect the next applications on a first-come-first-serve basis;
c) For interprovincial fixed routes:
Within 03 working days from the date of receipt of the adequate application, the Department of Transport receiving the application shall consult the Department of Transport of the province where the other end of the route is located in writing.
Within 02 working days from the date of receipt of the consulting request, the consulted Department of Transport must provide an answer. If an applicant wishes to operate the same route or at the same time as another applicant, the consulted and consulting Department of Transports shall agree on inspecting and handling applications on a first-come-first-serve basis. The consulted Department of Transport is deemed to have agreed if it does not provide an answer within the previously mentioned time limit.
Within 07 working days from the date of receipt of the adequate application, the Department of Transport receiving the application shall send a written notification of successful route operation application to the applicant, Department of Transport of the province where the other end of the route is located, departing station and arriving station for cooperation in management using the form in Appendix IV of this Decree;
d) For provincial fixed routes, within 03 working days from the date of receipt of the adequate application, the Department of Transport receiving the application shall send a written notification of successful route operation application to the applicant, departing station and arriving station for cooperation in management using the form in Appendix IV of this Decree.
5. Procedure for application for operation of a route applicable from July 01, 2021:
a) The enterprise or cooperative shall submit an application to the Department of Transport which has issued its business license on the online public services system of the Ministry of Transport (applications sent in person or by post will be rejected);
b) Within 03 working days from the date of receipt of the application, the Department of Transport shall inspect it and inform the applicant of any amendment required on the public services system.
Within 02 working days from the date of receipt of the request for amendment from the Department of Transport, the applicant shall complete the application as requested and update it on the online public services system. In case the application is not completed within such time limit, it will be disqualified and the Department of Transport will inspect the next applications on a first-come-first-serve basis;
c) Within 03 working days from the date of receipt of the adequate application, the Department of Transport receiving the application shall post a notification of successful route operation application using the form in Appendix IV of this Decree on the online public services system to have it informed to the applicant, Department of Transport of the province where the other end of the route is located (for interprovincial fixed routes), departing station and arriving station for cooperation in management.
In case two or more applicants apply for operation of a route at the same departing time, the Department of Transport shall handle the applications on a first-come-first-serve basis.
6. Notification of successful route operation application is valid from the date on which it is signed to the date the enterprise or cooperative stops operating the route or the date prescribed by a route operation suspension decision from Departments of Transport. Notification of successful route operation application will be annulled if the enterprise or cooperative does not operate the route within 60 days after the date on which the notification is issued.
7. Fixed route operators may stop operating a route or one or more than one service of a route following this procedure:
a) The operator must send a notification to the Department of Transport, departing station and arriving station and may only stop operating the route or service(s) after the notification has been posted at the stations for at least 15 days;
b) The Department of Transport shall update and announce the contents prescribed in Points a and b Clause 3 Article 4 of this Decree.
8. Minister of Transport shall develop a level 4 online public services system to process fixed route operation applications submitted from July 01, 2021.
9. If a fixed route operator does not operate a route it applied for 60 consecutive days, it will be suspended from operating the route and have to return relevant signage to the issuer.
10. The Department of Transport issuing the business license to an auto transport business has the power to promulgate and send the route operation suspension decision to the auto transport business and Department of Transport of the province where the other end of the route is located, and post the decision on its website.
Article 21. Station announcement
1. A bus station may operate after it is announced by the Department of Transport of the province or central-affiliated city where it is located.
2. A cargo station may operate after it is announced by the enterprise owning/operating it and notified to the Department of Transport of the province where it is located.
3. Stations shall be announced according to regulations in national technical regulations on stations.
Article 22. Regulations on management, issuance, reissuance and revocation of signage
1. Auto businesses granted the business license shall be issued with the automobile signage suitable to the licensed business type and according to the following regulations:
a) At one point in time, an automobile shall be issued with and shall use only one type of signage corresponding to a single transport business;
b) Automobiles issued with the “XE CÔNG-TEN-NƠ” ("TRACTOR TRUCK”) signage may transport containers and other cargo. Automobiles issued with the “XE TẢI” (“TRUCK”) or “XE ĐẦU KÉO” (“TRACTOR UNIT”) signage may not transport containers.
c) Departments of Transport of the provinces where the ends of each fixed route are respectively located have the power to issue the shuttle bus signage to fixed route operators.
2. Validity period of signage
a) Signage granted to a commercial automobile or shuttle bus is valid for 07 years or for a period requested by the auto transport business (between 1-7 years) given that the automobile or bus has not exceeded its service life;
b) For the “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE AUTOMOBILE”) signage granted to automobiles running extra services, the signage is valid for 30 days for the automobiles running on Lunar New Year and for 10 days for those running at the time of the national high school graduation examination.
3. Minimum size of all types of signage is 9 x 10 cm.
4. A signage issuance application consists of:
a) A signage issuance application made using the form in Appendix V of this Decree;
b) A copy of the automobile registration certificate or a copy of an appointment form which states the date of receipt of the automobile registration certificate from the issuer. In case an automobile does not belong to the auto transport business, a copy of one of the following documents is required: the written rental contract concerning the automobile with an organization or individual, or a service contract between a cooperative and a member thereof, or a business cooperation agreement.
5. Signage issuance procedure:
a) The transport business shall submit an application to the Department of Transport which has issued its business license. If the application needs to be amended, the Department of Transport shall inform the contents to be amended to the applicant directly or in writing or via the online public services system within 01 working day from the date of receipt of the application;
b) Within 02 working days from the date of receipt of the adequate application, the Department of Transport shall issue the signage to the applying automobiles. If the application is rejected, the Department of Transport shall explain the reason to the applicant in writing or via the online public services system.
The Department of Transport shall update the vehicle tracking data system of the Directorate for Roads of Vietnam, inspect and only issue signage if the automobile’s tracker meets all requirements on installation and data transmission.
Applications shall be received and results shall be informed at the office of the Department of Transport or by post or via other suitable forms according to regulations. In case an application is submitted directly or by post, the receiver shall update information in the application to the online public services system of the Ministry of Transport as regulated.
The Department of Transport shall handle applications and issue signage on the online public services system of the Ministry of Transport;
c) The Department of Transport shall inspect the automobile’s certificate of technical safety and environmental protection on the system of Vietnam Register to ensure it is qualified for commercial use.
d) The Department of Transport shall inspect the information on the automobile’s condition on the online public services system of the Ministry of Transport and the vehicle tracking data system of Directorate for Roads of Vietnam and proceed as follows:
Issue the signage to the automobile if the automobile’s information is not available on the system;
If the automobile’s information is available on the system, the Department of Transport receiving the application shall request the Department of Transport managing the automobile to confirm and remove the automobile’s information from the system via the online public services system. Within 02 working days, the Department of Transport managing the automobile must reply or provide an explanation if the request is rejected. The Department of Transport receiving the application shall issue the signage after the automobile’s information has been removed from the system.
6. Signage granted to an automobile shall be reissued when the signage expires or got lost or damaged or the automobile is transferred to another owner or transport business. Applications, procedures and competence concerning signage reissuance are provided for in Clauses 4 and 5 of this Article. Validity period of the reissued signage is prescribed in Clause 2 of this Article. Transport businesses shall apply for automobile signage reissuance within 15 days prior to the signage’s expiration.
7. Signage may be reissued after it is suspended or revoked. After revocation or expiration of the suspension period, if the transport business wishes to continue operating the automobile commercially, it shall apply for reissuance of the automobile’s signage according to regulations. Applications, procedures and competence concerning signage reissuance are provided for in Clauses 4 and 5 of this Article. The application for reissuance of revoked or suspended signage must include documents proving that remedial actions have been taken against the violation resulting in the suspension or revocation.
8. Applications, procedures and competence concerning issuance and reissuance of signage of tourist automobiles are provided for in the Decree elaborating a number of Articles of the Law on Tourism. In case of reissuance of revoked or suspended signage, the application must include documents proving that remedial actions have been taken against the violation resulting in the revocation or suspension.
9. Departments of Transport shall:
a) Issue signage according to the regulations in this Article and affix signage on automobiles;
b) Not issue signage to automobiles whose driver’s license or signage is being suspended or revoked by a competent authority;
c) Send the signage revocation decision to transport businesses and post an update on their websites;
d) Send a notification on signage expiration to transport businesses after receiving a notification of revocation of such signage from a competent authority and post an update on their websites.
10. Signage granted to automobiles of a transport business will be revoked in any of the following cases:
a) When the auto transport business license of the transport business is revoked by a competent authority, all signage granted to its automobiles will be revoked;
b) When an automobile is detected to have violated against regulations on speed limit at least 05 times per 1000 km based on data from its tracker (excluding speeding of less than 05 km/h), its signage will be revoked;
c) When a fixed route operator does not operate a route it applied for 60 consecutive days, all signage granted to automobiles running the route will be revoked.
11. Departments of Transport shall:
a) Promulgate signage revocation decisions and revoke signage they issued to transport businesses according to regulations in Clause 10 herein;
b) Send signage revocation decisions to transport businesses and post updates on their websites;
12. For transport businesses:
a) After receiving a signage revocation decision, the transport business shall return the signage to the relevant Department of Transport.
b) The transport business shall not operate an automobile commercially during the suspension period of its auto transport business license or the automobile’s signage or after the revocation of the signage imposed by a competent authority.
13. Data extracted from the system for processing and use of data from automobile trackers of Directorate for Roads of Vietnam shall be used to detect violations only once.
14. Minister of Transport shall stipulate signage specimens and provide guidelines for implementation.
Chapter VI
IMPLEMENTATION
Article 23. Ministry of Transport
1. Finalize management of auto transport operations according to regulations of this Decree.
2. Formulate and announce list of interprovincial fixed routes and list of rest stops on national routes; develop software for fixed route management; provide guidelines for organization, management and requirements of pick-up and drop-off points of fixed routes and model transport orders; and for inspection of fulfillment of conditions for automobiles and drivers and confirmation of such fulfillment in transport orders.
3. Organize application of information technology in management of auto transport business. Build technological infrastructure and stipulate connection and sharing of all vehicle tracking data, images, recordings and long-term records from car cameras, vehicle registration, training and assessment, and issuance and revocation of driving license between state agencies.
4. Promulgate national technical regulations on trackers for automobiles; buses; bus stations and road rest stops.
5. Provide regulations and guidelines for:
a) Software for management of auto transport business (including management of vehicles and drivers) and online public services;
b) Provision, management and use of information on transport contracts and transport orders;
c) Provision, management and use of data from automobile trackers; provision, management and use of image data from car cameras; provision, management and use of data on fixed routes from bus station management software and national fixed route management software;
d) Affix information on commercial automobiles;
dd) Organize specialized training on transport and traffic safety for drivers and staff serving on automobiles;
e) Identification of identical points of departure and points of arrival for passenger automobile rental business and tourist transport business.
6. Direct competent authorities to:
a) Inspect and handle violations against the regulations on auto transport business and conditions for auto transport business stated in this Decree and other relevant regulations of laws;
b) Cooperate with competent authorities of regulatory bodies and local governments in providing and exchanging information on transport activities for specialized management purpose.
7. Cooperate with the Ministry of Planning and Investment and relevant regulatory bodies in ensuring funding for establishment and maintenance of data processing systems to apply information technology in auto transport business management, including a system to process data from automobile trackers.
8. Stipulate the color of inspection signage of commercial automobiles.
9. Connect and share data on auto transport business management and data from automobile trackers with the Ministry of Public Security (Traffic Police Authority) and Ministry of Finance (General Department of Taxation) to cooperate in management.
10. Formulate proposals for regulations on management of domestic (non-business) auto transport activities to the Government, which will submit these proposals to the Standing Committee of the National Assembly.
Article 24. Ministry of Public Security
1. Inspect and handle violations against the regulations on auto transport business and conditions for auto transport business stated in this Decree and other relevant regulations of laws.
2. Connect and share information on administrative penalties imposed upon auto transport businesses for the Ministry of Transport to cooperate in management.
Article 25. Ministry of Culture, Sports and Tourism
Cooperate with provincial People’s Committees to determine stops for tourist automobiles.
Article 26. Ministry of Science and Technology
1. Take charge in appraisal of national technical regulations according to regulations in the Law on Standards and Technical Regulations.
2. Take charge in taximeter inspection. Inspect and handle administrative violations committed by taximeter inspectors or users as prescribed by law.
3. Cooperate with the Ministry of Transport in formulating national standards and national technical regulations on automobile trackers.
4. Cooperate with the Ministry of Transport and Ministry of Information and Communications in providing regulations and guidelines on software for auto transport business management and online public services.
Article 27. Ministry of Information and Communications
1. Take charge and cooperate with the Ministry of Transport in providing guidelines on management of radio frequencies, information infrastructure, and data service costs for automobile trackers and other communication devices used to manage and operate the auto transport business.
2. Cooperate with the Ministry of Transport in providing regulations and guidelines on software for auto transport business management and online public services.
3. Take charge and cooperate with the Ministry of Industry and Trade, Ministry of Public Security and Ministry of Transport in managing and providing guidelines for the providers of transport marketplace applications prescribed in Article 35 of this Decree.
Article 28. Ministry of Health
1. Provide regulations and guidelines on health requirements and health examination facilities for drivers.
2. Take charge and cooperate with the Ministry of Transport in implementing regulations of laws on medical examination and treatment for workers of auto transport businesses.
3. Provide regulations and guidelines on first aid kits on commercial automobiles.
Article 29. Ministry of Labor - War Invalids and Social Affairs
1. Cooperate with the Ministry of Transport in providing guidelines for implementation of laws on labor, remuneration, social insurance, working and rest time for workers of auto transport businesses.
2. Cooperate with the Ministry of Transport in providing guidelines for regulations of laws on benefits offered to persons with disabilities, the elderly and policy beneficiaries using auto transport services.
Article 30. Ministry of Finance
1. Provide guidelines for software providers and auto transport businesses on provision of electronic information applicable to electronic contracts to ensure management and fulfillment of tax obligation.
2. Provide regulations and guidelines on connecting data on e-invoices and e-tickets for different types of auto transport business, and information sharing with the Ministry of Transport for cooperation in management.
3. Take charge and cooperate with the Ministry of Transport and relevant regulatory bodies in ensuring funding for maintenance of data processing systems to apply information technology in auto transport business management, including a system to process data from automobile trackers.
Article 31. Ministry of Industry and Trade
1. Provide regulations and guidelines on provision of e-commerce transport services.
2. Inspect and handle violations against regulations on provision of e-commerce transport services.
Article 32. Ministry of Planning and Investment
Take charge and cooperate with the Ministry of Finance, Ministry of Transport and relevant regulatory bodies in ensuring funding for construction of technological infrastructure to apply information technology in auto transport business management, including a system to process data from automobile trackers.
Article 33. Provincial People’s Committees
1. Direct competent authorities in their provinces to manage auto transport activities in accordance with this Decree and other relevant regulations of laws.
2. Formulate vehicle development and management plans suitable to people’s travel demands and current state of road infrastructure in their provinces.
3. Provide for management of shuttle buses in their provinces.
4. Compile and announce lists of provincial fixed route networks; networks of bus routes running within and near their provinces; and pick-up and drop-off points in their provinces.
5. Manage operation of transit buses in their provinces; cooperate with People’s Committees of provinces where bus routes run through to finalize performance of the tasks prescribed in Clause 3 Article 5 of this Decree; finalize with the Ministry of Transport before operating new bus routes whose terminus are located in an airport.
6. Perform the following tasks based on the situation in their provinces:
a) Establish pick-up and drop-off points for taxis and buses according to regulations in Clause 5 Article 5 and Clause 6 Article 6 of this Decree;
b) Stipulate criteria for and organization and management of pick-up and drop-off points for rental automobiles and tourist automobiles located within the city limit;
c) Announce locations of cargo stations in their provinces;
d) Establish and manage taxi parking slots in their provinces.
7. Direct Departments of Transport to announce the following information on their websites based on interprovincial and provincial fixed route networks: departing stations, arriving stations, routes; total number of services, departure time of each service operated, number of services not operated, interval between successive services; and capacity of bus stations in their provinces (hourly and daily capacities).
8. Direct installation of surveillance cameras at fixed locations and along certain roads to control passenger automobiles in their provinces based on each province’s situation.
9. Direct competent authorities to inspect and handle violations against regulations on auto transport business and conditions for auto transport business stated in this Decree and other relevant regulations of laws in their provinces.
Article 34. Auto transport businesses
1. Auto transport businesses shall comply with regulations on business and business conditions in the Law on Road Traffic and in this Decree.
2. Each auto transport business shall obtain a tax identification number from the tax authority of the locality where its headquarters or branch is located before its operation begins; and fulfill its tax obligations as regulated. Members of a cooperative shall fulfill their tax obligations when participating in an auto transport business.
3. Auto transport businesses shall:
a) Sign labor contracts, pay insurance, organize periodical health checkups and fulfill their obligations to their workers (including drivers and staff serving on their automobiles) as prescribed by occupational laws;
b) Ensure passenger’s rights as per the law;
c) Organize specialized training on transport and traffic safety for drivers and staff serving on automobiles; provide their drivers with driver identity cards as regulated;
d) In case 02 or more transport businesses would like to cooperate to operate a transport business, a cooperation agreement must be drawn up, which must specify the unit in charge of the automobiles and drivers to transport passengers and/or goods, the unit deciding the transport costs and the unit in charge of the tasks in Points a, b and c herein.
4. Apply science and technology and use software to manage their automobiles and drivers, retain documents, e-tickets and e-invoices, post information on their automobiles, and receive and process client’s feedbacks in compliance with applicable law.
5. Transport businesses transporting passengers by automobiles with at least 09 seats (including driver) or transporting cargo by tractor trucks or tractor units shall equip their vehicles with cameras and comply with the following regulations:
a) Images shall be recorded and stored as prescribed in Clause 2 Article 13 and Clause 2 Article 14 of this Decree;
b) Images from cameras installed on automobiles must be transmitted between 12-20 times per hour (equivalent to 3-5 minutes per transmission) to transport businesses and competent authorities as regulated by the Ministry of Transport, and stored for at least 72 hours after the time of recording; image data must be provided promptly and accurately and shall not be modified or falsified before, during or after transmission;
c) Cameras shall be maintained to ensure continuous image recording and storage as regulated;
d) Accounts used to access servers shall be provided for the police force (Traffic Police Authority, Traffic Police Division, Road - Rail Traffic Police Division and Road Traffic Police Divisions of provinces and central-affiliated cities) and transport authorities (Ministry of Transport, Directorate for Roads of Vietnam and Departments of Transport) for state management, inspection and handling of violations as prescribed by law;
dd) Regulations on information safety for passenger’s data shall be implemented as per the law.
6. Competent authorities shall inspect compliance with regulations on auto transport business and conditions for auto transport business and other relevant regulations of laws from transport businesses.
7. Transport businesses shall submit reports on their operations according to regulations.
Article 35. Providers of transport marketplace applications
1. Entities solely providing transport marketplace applications (without coordinating automobiles or drivers or deciding transport costs) must abide by regulations of laws on electronic transactions, other relevant regulations of laws and the following requirements:
a) Accept and forward transport requests from clients to transport businesses using their transport marketplace applications;
b) Act as the intermediary to confirm the contents agreed upon by a transport business and its client, ensuring that these contents are consistent with the announced transport costs or value of the concluded contract; transport marketplace applications for taxi businesses must comply with regulations in Point c Clause 3 Article 6 of this Decree; transport marketplace applications for passenger automobile rental businesses or tourist transport businesses must comply with regulations stated in Point a Clause 2 Article 16 herein;
c) Record and send client’s reviews on driver’s service to transport businesses for them to improve their operation;
d) Ensure safety and confidentiality of data on passengers, transport businesses and drivers as per the law;
d) Provide transport marketplace applications only for the licensed auto transport businesses and automobiles issued with automobile signage that comply with regulations on transport business and transport business conditions of each type of transport. These applications shall not be provided for passenger car rental business and tourist transport business where it will be used to confirm bookings, sell tickets or charge passengers individually in any shape or form; and the applications shall be provided for transport businesses to conclude electronic contracts according to regulations in Clause 2 and Clause 3 Article 7 and Clause 2 and Clause 3 Article 8 of this Decree;
e) Store all transactions completed on transport marketplace applications for inspection purpose for at least 02 years;
g) Provide lists of transport businesses using their software and automobiles and drivers thereof or accounts used to access the transport marketplace application for competent authorities upon request;
h) Provide the software’s interface and the tools that are used to coordinate automobiles and drivers and to negotiate and decide transport costs with clients and renters for transport businesses;
i) Drivers shall have to press only one button to accept a ride via transport marketplace applications while driving and shall take multiple steps to accept a ride while their cars are parked;
k) Publish client’s complaint settlement procedures and possess a complaint storing system.
2. In case the provider of a transport marketplace application participates in at least one main transport activity (coordinating automobiles or drivers or deciding transport costs) to transport passengers and/or goods on the road for profit, it must comply with the regulations on auto transport business and conditions for auto transport business stated in this Decree, regulations of laws on electronic transactions and other relevant laws and satisfy the requirements prescribed in Points c, d, e, i and k Clause 1 of this Article.
Chapter VII
IMPLEMENTATION CLAUSE
Article 36. Effect
1. This Decree takes effect from April 01, 2020.
The Government’s Decree No. 86/2014/ND-CP dated September 10, 2014 on auto transport business and conditions for auto transport business (hereinafter referred to as “Decree No. 86/2014/ND-CP”) is annulled from the date on which this Decree comes into force.
2. Transport businesses granted the business license prior to the effective date of this Decree may continue to use such license until its expiration or reissuance.
3. Foreign-invested enterprises issued with a business license (enterprise registration certificate) or investment certificate one business line stated in which is road transport business prior to the effective date of Vietnam's WTO Commitments may continue to operate their transport businesses.
4. Signage issued to automobiles for internal use according to the Decree No. 86/2014/ND-CP is annulled from the date on which this Decree comes into force.
5. Auto transport business licenses and signage issued to trucking businesses and trucks without direct payment according to the Decree No. 86/2014/ND-CP are annulled from the effective date of this Decree; and these businesses and trucks are not required to obtain the auto transport business license or signage from the effective date of this Decree.
6. Transitional regulations on issuance and use of signage of commercial automobiles
a) Automobiles running on fixed routes, buses, taxis, trucks, tractor trucks, tractor units, rental automobiles having at least 09 seats (including the driver) and tourist automobiles having at least 09 seats (including the driver) whose signage is issued before the effective date of this Decree may continue to use such signage until its expiration or reissuance;
b) For rental automobiles having fewer than 09 seats (including the driver) and tourist automobiles having fewer than 09 seats (including the driver) issued with the signage according to the Decree No. 86/2014/ND-CP, their signage must be reissued according to regulations in this Decree and affixed on their bodies before July 01, 2021.
For an automobile with fewer than 09 seats (including the driver) issued with the rental automobile signage before the effective date of this Decree and using the ride hailing software prescribed in Clause 3 Article 6 of this Decree, if it wants to operate as a taxi, it must apply for the taxi signage as regulated.
7. Before December 31, 2021, the transport coordinators who are mentioned in Clause 4 Article 13 of the Government’s Decree No. 86/2014/ND-CP and employed by transport businesses granted the business license prior to the effective date of this Decree must satisfy the requirement in Point d Clause 1 Article 67 of the 2008 Law on Road Traffic.
8. Buses operated prior to the effective date of this Decree but not in compliance with the regulations in Point c Clause 2 Article 5 of this Decree may continue to be operated until the end of their prescribed service life.
9. Passenger automobiles issued with automobile signage according to the Decree No. 86/2014/ND-CP must equip safety belts for all seats and beds before December 31, 2021, excluding provincial buses.
Article 37. Implementing responsibilities
Ministers, heads of ministerial-level agencies, heads of Governmental agencies, chairpersons of People’s Committees of provinces and central-affiliated cities and relevant enterprises and individuals shall implement this Decree./.
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