Chapter VI.
ROAD TRANSPORTATION
Section 1. ROAD TRANSPORTATION ACTIVITIES.
Article 64. Road transportation activities
1. Road transportation activities include non-commercial road transportation and commercial road transportation. Commercial road transportation is a conditional business as presented by law.
2. Commercial road transportation includes commercial passenger transportation and commercial cargo transportation.
3. Road transportation activities must be in line with the road transportation planning and transportation route network.
Article 65. Working time of automobile drivers
1. In a day, an automobile driver must work for 10 hours at most and must not be on the wheel for more than 4 hours in a row.
2. Carriers and automobile drivers shall comply with Clause 1 of this Article.
Article 66. Commercial transportation by car
1. Commercial passenger transportation by car includes:
a/ Commercial passenger transportation along fixed routes with identified departure and destination stops according to given schedules and itineraries;
b/ Commercial passenger transportation by bus along fixed routes with specified stops for passenger embarkation and disembarkation, and buses traveling according to given itineraries with a specified distance and scope of operation;
c/ Commercial passenger transportation by taxi according to schedules and itineraries requested by passengers, and charges calculated according to taxi meters;
d/ Commercial passenger transportation under transportation contracts, without fixed routes;
e/ Tourist transportation according to tourist routes, programs and destinations.
2. Commercial cargo transportation by car includes:
a/ Ordinary commercial cargo transportation;
b/ Commercial cargo transportation by taxi truck;
c/ Commercial transportation of extra-long and extra-heavy cargoes;
d/ Commercial transportation of dangerous cargoes.
3. The Government shall issue specific regulations on commercial transportation by car.
Article 67. Conditions for commercial transportation by car
1. Enterprises, cooperatives and households conducting commercial transportation by car must fully meet the following conditions:
a/ Making registration for commercial transportation by car under law;
b/ Ensuring the quantity, quality and use life of vehicles suitable to the business form; fitting travel monitoring devices on their vehicles according to the Government’s regulations;
c/ Ensuring the number of drivers and attendants suitable to the business plan and signing written labor contracts with them; attendants working on vehicles must be trained in transportation business skills and traffic safety; it is forbidden to employ drivers who are banned from driving under law;
d/ Persons who directly manage transportation activities of enterprises and cooperatives must possess transportation qualifications;
e/ Owning a parking lot suitable to the size of enterprise, cooperative or household, ensuring requirements of order, safely, fire and explosion prevention and fight, and environmental sanitation.
2. Only enterprises and cooperatives may conduct commercial passenger transportation along fixed routes, commercial passenger transportation by bus or by taxi, and must fully meet the following conditions:
a/ The conditions specified in Clause 1 of this Article;
b/ Having a section in charge of traffic safety conditions;
c/ Registering passenger transportation service quality standards with a competent agency and publicizing them.
3. Only enterprises and cooperatives may conduct commercial cargo transportation by container and must fully meet the conditions specified in Clause 1 and Point b, Clause 2, of this Article.
4. The Government shall issue specific regulations on conditions on and licensing of commercial transportation by car.
Article 68. Passenger transportation by car
1. Carriers and passenger car drivers shall comply with the following provisions:
a/ To embark and disembark passengers at prescribed places;
b/ Not to carry passengers on the car roofs or luggage compartments or let passengers cling to cars from the outside;
c/ Not to carry dangerous goods, fetid goods, animals or other goods adversely affecting passenger health;
d/ Not to carry passengers, luggage and cargo in excess of the prescribed mass or passenger number;
e/ Not to load cargo in passenger cabins; to take measures to keep the cars clean.
2. The Minister of Transport shall prescribe the organization and management of passenger transportation by car.
Article 69. Rights and obligations of passenger transportation dealers
1. The passenger transportation dealer has the following rights:
a/ To collect transportation fares and freights;
b/ To refuse to transport before the vehicles leave the car terminal or embarking positions or to disembark under transport contracts persons who possess tickets or are named in the contracts but commit acts of disturbing public order, obstructing the transport dealer’s work, affecting the health and property of others or cheating in tickets, or passengers suffering a dangerous disease.
2. The passenger transportation dealer has the following obligations:
a/ To fully realize the commitments on transport quality or fully perform transport contracts;
b/ To buy insurance for passengers, with insurance premiums included in passenger tickets;
c/ To hand tickets and freight receipts to passengers;
d/ To pay compensation for damage caused by their employees or representatives when performing jobs assigned by them;
e/ To take responsibility for consequences caused by their employees or representatives in complying with their requests in contravention of this Law.
3. The Minister of Finance shall assume the prime responsibility for, and coordinate with the Minister of Transport in, prescribing passenger tickets and freight receipts.
Article 70. Responsibilities of drivers and attendants working on passenger cars
1. To check their cars’ safety conditions before setting off.
2. To show civilized and polite behaviors and guide passengers to their right seats.
3. To check the arrangement and tie up luggage and cargo to ensure safety.
4. To take measures to protect passengers’ lives, health and property, and maintain order and sanitation in their cars;
5. To close the doors before and during the time the cars move.
Article 71. Rights and obligations of passengers
1. Passengers have the following rights:
a/ To be transported according to the transport contracts and transport dealer’s transport quality commitments;
b/ To pay no freight for luggage not exceeding 20 kg and of a size suitable to the car’s design;
c/ To refuse transport before the car sets off and be refunded ticket money according to regulations of the Minister of Transport.
2. Passengers have the following obligations:
a/ To buy tickets and pay freights for carried luggage in excess of the prescribed limit;
b/ To be present at the places of departure on time as agreed upon; to observe transport regulations; to comply with the instructions of the driver and attendants to ensure traffic order and safety;
c/ Not to carry luggage and goods banned by law from circulation.
Article 72. Cargo transportation by car
1. The transportation of goods by car must comply with the following provisions:
a/ Cargoes transported on cars must be tidily arranged and securely tied up;
b/ When transporting unpackaged cargo, to cover them and not to let them drop on the road.
2. The following acts are prohibited:
a/ Transporting cargoes beyond the designed mass or beyond the size limits permitted for the car;
b/ Carrying people in a car’s body, except for the case specified in Clause 1, Article 21 of this Law.
3. The Minister of Transport shall prescribe the organization and management of cargo transport by car.
Article 73. Rights and obligations of cargo transportation dealers
1. The cargo transportation dealer has the following rights:
a/ To request the transportation charterer to supply necessary information on the cargo for writing in transportation papers and examine the accuracy of such information;
b/ To request the transportation charterer to fully pay freights and arising expenses; to request the transportation charterer to pay compensations for damage caused by breaches of contract;
c/ To refuse transportation if the transportation charterer fails to deliver cargoes as agreed upon in their contract;
d/ To request cargo survey when necessary.
2. The cargo transportation dealer has the following obligations:
a/ To provide vehicles of proper type, at the time and place and deliver cargo to consignees as agreed upon in contracts;
b/ To guide the loading and unloading of cargo on vehicles;
c/ To pay compensation to the transportation charterer for cargo losses or damage in the course of transportation from the receipt to delivery of cargo, except for cases of exemption as prescribed by law;
d/ To pay compensation for damage caused by his/her employees or representatives when performing jobs assigned by him/her;
e/ To take responsibility for consequences caused by his/her employees or representatives in complying with his/her requests in contravention of this Law.
3. The Government shall prescribe liability limits of cargo transportation dealers.
Article 74. Rights and obligations of cargo transportation charterers
1. The cargo transportation charterer has the following rights:
a/ To refuse to load cargo on a vehicle which is not of a type as agreed upon in the contract;
b/ To request the transportation dealer to deliver cargo at the time and place as agreed upon in the contract;
c/ To request the transportation dealer to pay compensation for damage according to law.
2. The cargo transportation charterer has the following obligations:
a/ To prepare adequate lawful papers on the cargo before delivering it to the transportation dealer; to package the cargo according to specifications with sufficient and clear signals and codes; to deliver cargo to the transportation dealer at the time and place according to other instructions stated in the cargo delivery document;
b/ To fully pay freights and arising expenses for the cargo transportation dealer;
c/ To appoint persons to escort the cargo in the course of transportation, for cargo requiring escorts.
Article 75. Rights and obligations of cargo consignees
1. The cargo consignee has the following rights:
a/ To receive and check the received cargo against the transport paper or equivalent document;
b/ To request the transportation dealer to pay expenses for late delivery;
c/ To request or notify the transportation charterer to request the transportation dealer to pay compensations for cargo damage or loss;
d/ To request cargo survey when necessary.
2. The cargo consignee has the following obligations:
a/ To receive the cargo at the time and place as agreed upon; to produce the transport paper and personal identity paper to the transport dealer before receiving the cargo;
b/ To pay expenses for late cargo receipt.
Article 76. Transportation of extra-long and extra-heavy cargo
1. Extra-long or extra-heavy cargo means goods of a size or weight exceeding the prescribed limits but impossible to disassemble.
2. Extra-long or extra-heavy cargo must be transported on trucks suitable to such type of cargo and require a road use permit granted by a competent state agency.
3. Extra-long or extra-heavy cargo-transporting trucks must travel at a speed prescribed in their permits and have signals on the size of the cargo; when necessary, persons conducting traffic must be deployed to ensure traffic safety.
4. The Minister of Transport shall issue specific regulations on the transportation of extra-long and extra-heavy cargo.
Article 77. Transportation of live animals
1. Depending on species of live animals, the transportation dealer may request the transportation charterer to arrange an escort to take care of these animals in the course of transportation
2. The transportation charterer is responsible for loading and unloading live animals under the guidance of the transportation dealer; if unable to do so; the transportation charterer shall pay freights and loading and unloading charges to the transportation dealer.
3. The transportation of live animals on roads must observe the laws on hygiene, epidemic prevention and environmental protection.
Article 78. Transmutation of dangerous cargo
1. Cars carrying dangerous cargo must acquire permits granted by competent state agencies.
2. Cars carrying dangerous cargo may not stand and park at crowded places or danger-prone places.
3. The Government shall prescribe a list of dangerous cargo, the transportation of dangerous cargo and the competence to grant permits for transportation of dangerous cargo.
Article 79. Road transportation in urban areas
1. Buses must operate along prescribed routes, according to prescribed schedules and stand and park at prescribed places.
2. Drivers of passenger taxis or cargo taxis may embark and disembark passengers or load and unload cargo as agreed upon with passengers or cargo owners but shall comply with regulations on traffic safety.
3. Cargo trucks must operate along prescribed routes, within areas and according to schedules prescribed for each type of truck.
4. Rubbish vans and trucks carrying scraps or loose materials must be covered in order to prevent them from dropping on streets; if letting them drop, the carrier shall promptly clean up the streets.
5. Provincial-level People’s Committees shall issue specific regulations on road transportation in urban areas and the proportion of mass transit vehicles to meet the travel need of disabled persons.
Article 80. Passenger and cargo transportation by rudimentary vehicles, mopeds, motorcycles, three-wheeled motor vehicles and the like
1. The use of rudimentary vehicles, mopeds, motorcycles, three-wheeled motor vehicles and the like for carrying passengers and cargo must comply with regulations on traffic order and safety.
2. The Minister of Transport shall prescribe the implementation of Clause 1 of this Article.
3. Basing themselves on regulations of the Minister of Transport, provincial-level People’s Committees shall detail the implementation thereof in localities.
Article 81. Multi-modal transportation
1. Multi-modal transportation referred to in this Law means transportation of cargo from the place of receipt to the place of delivery of cargoes to a consignee by at least two modes, including the mode of road transportation, on the basis of a multi-modal transportation contract.
2. The Government shall issue specific regulations on multi-modal transportation.
Section 2. ROAD TRANSPORTATION SUPPORT SERVICES
Article 82. Road transportation support services
1. Road transportation support services include services at car terminals; parking lots and roadside service stations, and transportation agency, ticket sale agency, cargo collection, transshipment, warehousing and road transportation rescue services.
2. The Minister of Transport shall issue specific regulations on road transportation support services.
Article 83. Organization of operation of car terminals, parking lots and roadside service stations
1. The operation of passenger car terminals, cargo truck terminals, parking lots and roadside service stations must ensure order, safety, environmental sanitation, and fire and explosion prevention and fighting and submit to the management of local state management agencies.
2. Enterprises and cooperatives operating passenger car terminals have the right and obligation to arrange ticket sale offices or organize the sale of tickets to passengers under contracts with transport dealers; arrange cars fully meeting transportation business conditions to enter the terminals to take and discharge passengers according to proper routes.
3. Enterprises and cooperatives operating cargo truck terminals have the right and obligation to arrange trucks to enter the terminals to load and unload cargoes and cargo warehousing, consignment, packaging and preservation services.
4. Enterprises and cooperatives operating parking lots have the right and obligation to organize vehicle watch services.
5. Enterprises and cooperatives operating roadside service stations have the right and obligation to organize services for road users and vehicles in road traffic; and to perform jobs under service contracts with carriers.
6. Provincial-level People’s Committees shall prescribe car terminal service charges based on the types of car terminals.
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Luật Giao thông đường bộ 2008 (Bản Word)
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