Nghị định 47/2022/NĐ-CP sửa đổi Nghị định 10/2020/NĐ-CP quy định về kinh doanh và điều kiện kinh doanh vận tải bằng xe ô tô

DECREE

ON AMENDMENTS TO CERTAIN ARTICLES OF Decree No. 10/2020/ND-CP dated January 17, 2020 ON auto transport business and conditions for auto transport business

Pursuant to the Law on Governmental Organization dated June 19, 2015; Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Law on Investment dated November 26, 2014; the Law on amendments to Article 6 and List of Conditional Investments in Appendix 4 of Law on Investment dated November 26, 2016;

At the request of the Minister of Transport;

The Government promulgates a Decree on amendments to some articles of Decree No. 10/2020/ND-CP dated January 17, 2022 of the Government of Vietnam on auto transport business and conditions for auto transport business.

Article 1. Amendments to certain articles of Decree No. 10/2020/ND-CP dated January 17, 2020 on auto transport business and conditions for auto transport business:

1. Addition of point dd to clause 3 Article 11:

“dd) Auto passenger transport businesses, drivers and staffs serving on automobiles (if any) (hereinafter referred to as “consignors”) shall, when receiving consignment goods (consignees do not accompany the goods by), require the consignees to fully and accurately provide information including names of goods, volumes (if any), full names, addresses, ID numbers and phone numbers of consignees and consignors.".

2. Amendments to Point b Clause 3 Article 12:

“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, General Department of Vietnam Customs) for cooperation in state management of traffic order and safety; public order and security; tax; anti-smuggling.".

3. Amendments to Point d Clause 1 Article 13:

“d) Taxis shall have fewer than 09 seats (including driver) and a service life of 12 years (starting from the year of manufacture).”.

4. Addition of clause 3 Article 13:

“3. Cars having fewer than 10 seats (including the driver) converted from cars with at least 10 seats are prohibited from being used in the passenger transport business. Cars whose size or appearance resembles those with at least 09 seats (including the driver) are prohibited from being used in the taxi business.”.

5. Amendments to the title of Clause 5 Article 18:

“5. An application for reissuance of a revoked business license comprises:”.

6. Amendments to Point b Clause 5 Article 18:

“b) Documents proving remedial actions for violations prescribed in points a and d clause 6 Article 19 hereof.”.

7. Amendments to Point d Clause 7 Article 19:

“d) Upon promulgation of the business license revocation decision, the transport business shall, within 07 days from the day the decision is issued, 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. Amendments to Clause 7 Article 22:

“7. Signage may be reissued after it is revoked. After expiration of the revocation 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.”.

9. Amendments to Clause 8 Article 22:

“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.".

10. Amendments to Point a Clause 9 Article 22:

“a) Issue signage according to the regulations in this Article and affix signage to automobiles;”.

11. Amendments to Clause 9 Article 23:

“9. Connect and share data on auto transport business management and data from automobile trackers with the Ministry of Public Security of Vietnam (Traffic Police Authority) and Ministry of Finance of Vietnam (General Department of Taxation, General Department of Vietnam Customs) to cooperate in management.”.

12. Addition of clause 8 Article 34:

“8. From July 01, 2023, auto transport businesses which must install cameras according to regulations hereof must, upon starting transport business for the first time, install automobile trackers integrated with cameras for being issued signage. Automobile trackers integrated with cameras must fully meet regulations in this Decree.”.

Article 2. Implementation Clauses

1. This Decree comes into force from September 01, 2022.

2. Clauses 8 and 9 Article 19 of Decree No. 10/2020/ND-CP dated January 17, 2020 on auto transport business and conditions for auto transport business shall be annulled.

3. Cars having fewer than 10 seats converted from those which have at least 10 seats (including drivers) whose signage is issued before the day on which this Decree comes into force may continue to use in passenger transport business until the end of their prescribed service life specified in this Decree.

4. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities, relevant organizations and individuals are responsible for implementation of this Decree./.