Chương IV: Nghị định 10/2020/NĐ-CP Quy định về hợp đồng vận chuyển

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.