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.
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Nghị định 10/2020/NĐ-CP (Bản Word)
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