Chương 2 Nghị định 110/2006/NĐ-CP: Điều kiện kinh doanh vận tải bằng ô tô

Chapter II

CONDITIONS FOR AUTOMOBILE TRANSPORT BUSINESS

Article 5.- General conditions for automobile transport business

Enterprises and households engaged in automobile transport business must meet the following conditions:

1. To register for automobile transport business according to the provisions of law;

2. To ensure the quantity and quality of automobiles in conformity with the business form.

3. To ensure sufficient numbers of drivers and stewards in conformity with their business plans:

a/ Drivers and stewards must have clear personal records, certified by local administrations (of ward or commune level), health certificates issued by a competent health agency and written labor contracts signed with the labor user;

b/ Drivers are not banned from driving under the provisions of law.

4. Persons directly managing transport activities of enterprises must have an intermediate or higher professional degree in transport.

5. To have parking lots in conformity with their business scope, meeting the requirements on fire and explosion prevention and combat and environmental sanitation.

Article 6.- Conditions for passenger transport along fixed routes

Only enterprises that fully meet the following conditions may deal in passenger transport along fixed routes:

1. To satisfy all conditions prescribed in Article 5 of this Decree.

2. To have an adequate number of automobiles for operation on fixed routes already registered with the route management agency; automobiles must display a mark of automobiles running along fixed routes and have an itinerary register according to regulations of the Ministry of Transport.

3. The use duration of automobiles must not exceed the following limits:

a/ For distances of over 300 km:

- Not exceeding 15 years, for automobiles manufactured for passenger transport;

- Not exceeding 12 years, for automobiles of other types converted into passenger cars before January 1, 2002.

b/ For distances of 300 km or less:

- Not exceeding 20 years, for automobiles manufactured for passenger transport;

- Not exceeding 17 years, for automobiles of other types converted into passenger cars before January 1, 2002.

4. Stewards must be trained in professional skills and have certificates granted according to regulations of the Ministry of Transport.

Article 7.- Conditions for passenger transport by bus

Only enterprises that fully meet the following conditions may deal in passenger transport by bus:

1. To satisfy all conditions prescribed in Article 5 of this Decree.

2. To have automobiles of 17 seats or more, each having an adequate floor area for standing passengers and painted with a particular color as registered with the concerned provincial/municipal Transport Service or Transport and Public Works Service.

3. To have an adequate number of automobiles for bus transport according to operation charts prescribed by, and registered with, the provincial/municipal Transport Service or Transport and Public Works Service.

4. The use duration of automobiles must comply with the regulations of Point b, Clause 3, Article 6 of this Decree.

5. To be permitted to participate in passenger transport by bus by the provincial-level People's Committee or an authorized local agency in charge of state management of transport.

6. Bus stewards must be trained in professional skills and have certificates granted according to regulations of the Ministry of Transport.

Article 8.- Conditions for passenger transport by taxi

Only enterprises that fully meet the following conditions may deal in passenger transport by taxi:

1. To satisfy all conditions prescribed in Article 5 of this Decree.

2. An automobile used as a taxi must have no more than 8 seats (including the driver's seat) and be equipped with a meter indicating payable fares calculated according to the travelled distance in kilometers and a "TAXI" or "Meter TAXI" light box on the roof.

3. To have a mark granted by a competent agency.

4. The use duration of a taxi must not exceed 12 years.

5. To register automobiles' paint colors, the enterprise's logo and telephone numbers for customers' calls.

6. Taxi drivers must be trained in, and granted certificates of, personal communication skills and passenger transport services according to regulations of the Ministry of Transport.

Article 9.- Conditions for contractual passenger transport

Only enterprises or households that fully meet the following conditions may deal in contractual passenger transport:

1. To satisfy all conditions prescribed in Article 5 of this Decree.

2. When operating, automobiles must have written transport contracts which clearly state the time and place of departure, place of destination, number of passengers, fare and route.

3. Automobiles must have the use duration compliant with the provisions of Clause 3, Article 6 of this Decree.

4. Automobiles used for contractual passenger transport must carry the mark of contracted automobiles according to regulations of the Ministry of Transport.

5. Stewards must be trained in professional skills and have certificates granted according to regulations of the Ministry of Transport.

Article 10.- Conditions for tourist transport

Only enterprises or households that fully meet the following conditions may deal in tourist transport:

1. To satisfy all conditions prescribed in Article 5 of this Decree.

2. When operating, automobiles must have written tourist transport contracts or service contracts which clearly state the time and place of departure, place of destination, number of passengers, fares and route.

3. Automobiles must have the use duration compliant with the provisions of Clause 3, Article 6 of this Decree and satisfy standards on technical safety, environmental protection and service quality.

4. Automobiles used for tourist transport must carry the mark according to regulations of the Ministry of Transport.

5. Other conditions as prescribed by tourism law.

Article 11.- Conditions for cargo transport

Only enterprises or households that fully meet the following conditions may deal in cargo transport:

1. To satisfy all conditions prescribed in Article 5 of this Decree.

2. Automobiles used for cargo transport must comply with the provisions of the Government's Decree No. 23/2004/ND-CP of October 13, 2004, providing for the use duration of trucks and passenger cars.

3. Automobiles used for cargo transport (except for cargo taxis) must have written cargo transport contracts signed between the enterprise or household and the cargo owner or a representative of the cargo owner which has a number and clearly states the time for cargo transport, places of departure and destination, volume of to be-transported cargo, route and freight.