Nghị định 86/2014/NĐ-CP về kinh doanh và điều kiện kinh doanh vận tải bằng xe ô tô

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 86/2014/ND-CP	Hanoi, September 10, 2014

 

DECREE

ON BUSINESS AND CONDITIONS FOR TRANSPORTATION BUSINESS BY AUTO

Pursuant to the Law on organization of Government dated December 25, 2001;

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

Pursuant to the Law on Cooperatives dated November 20, 2012;

Pursuant to the Commercial Law dated June 14, 2005;

Pursuant to the Law on Tourism dated June 14, 2005;

Pursuant to the Enterprise Law dated November 29, 2005;

Pursuant to the Law on the Elderly dated November 11, 2009;

Pursuant to the Law on Disability dated June 17, 2010;

At the request of the Minister of Transport,

The Government issues the Decree providing for the business and conditions for transportation business by auto.

Chapter I

GENERAL REGULATION

Article 1. Scope

This Decree provides for the business and conditions for transportation business and the issue of transport business Permit by auto.

Article 2. Subjects of application

This Decree applies to business organizations and individuals or involved in transport business by auto.

Article 3. Explanation of terms

The words below are construed as follows:

1. Transport business by auto is the use of auto to transport goods or passengers on road for profits; includes transport business with direct and indirect money collection.

2. Money collection transport business with direct money collection is the transport business by auto, in which the transport business units provide the transport services and collect freight directly from customers.

3. Transport business without direct money collection is the transport business by auto, in which the transport business units perform the transport phase and perform at least another phase in the process from production to consumption of products or services and collect freight through revenues from such products or services.

4. Transport business units are enterprises, cooperatives and business households involved in transport business by auto.

5. Fixed route is the passenger transport route approved and announced by the competent authorities and is defined by itinerary, station of departure and destination (beginning point and end point for buses) in accordance with the approved route network planning.

6. Internal people transport is the transport activities in which the units use type of auto from 09 seats or more to periodically transport their officials, public servants, officers, employees and students from their living place to working or studying place or vice versa.

7. Passenger transit transport is the transport activities held by enterprises and cooperatives doing business of passenger transport along fixed routes to pick up passengers to stations, pick-up and drop-off place along the routes or vice versa.

8. Auto design payload is the maximum number of people and goods quantity that such auto can carry as prescribed by the producer.

9. Auto permitted payload is the number of people and goods quantity that such auto is permitted to carry, but not exceeding the design payload of the vehicle when operating on road as prescribed by the Ministry of Transport.

10. Transport operator is the legal representative of the transport business unit or is the person assigned tasks in writing by the legal representative of the transport business unit to directly be in charge of transport activities.

11. Passenger auto station (passenger transport station) is the works of road traffic infrastructure performing the services for passenger pickup and drop-off auto and other services of passenger support services.

12. Goods auto station (goods bus station) is the works of road traffic infrastructure performing the services for goods transport auto to load and unload goods and other services supporting of goods transport activities as prescribed.

13. Rest stop is the works of infrastructure of road traffic performing the function of serving the people and vehicles upon stop and rest during circulation on road.

Chapter II

REGULATIONS IN TRANSPORT BUSINESS ACTIVITIES BY AUTO

Article 4. Passenger transport business by auto along fixed routes

1. Enterprises and cooperatives issued with Permit of passenger transport business by auto may register to operate along routes as planned and approved by the route management organs.

2. Inter-provincial fixed passenger routes with distance from 300 km or more must be started and ended at passenger transport stations from the first to fourth or fifth or grade bus stations in the areas of poor districts as prescribed by the Government.

3. Contents of route management include:

a) Developing, publicizing and implementing the route network planning;

b) Developing and publicizing the traffic chart along routes and publicizing routes to put them into operation, approving route operation and adjusting traffic frequency;

c) Monitoring and aggregating the transport activities of enterprises, cooperatives, bus stations along routes, counting passenger volume and forecasting traffic need of passengers along routes;

d) Inspecting, examining and handling of violation on management of transport business activities along routes under regulations.

4. Enterprises and cooperatives must sign contract with the passenger transport station business units and organize the transport in accordance with the approved route operation plan, may suggest the increase or reduction in frequency and stoppage of operation along routes as prescribed.

5. Passenger transport station business units provides the transport support services for enterprises and cooperatives doing business of passenger transport along fixed routes; checking and confirming conditions for auto and driver before station exit.

Article 5. Passenger transport business by bus

1. Passenger transport business by bus is done along fixed route based on the traffic chart consistently with the planning of passenger transport route by bus approved by the competent authorities.

2. Bus route must not exceed the limit of 02 adjacent provinces. In case the starting or ending point of the bus route located in the special grade urban areas, the limit must not exceed the limit of 03 provinces or cities.

3. Bus route has stops for passenger pick-up or drop-off. The maximum distance between 02 adjacent stops in inner city is 700 m and 3,000 m in suburban areas.

4. Maximum time interval between adjacent buses is 30 minutes for route in urban areas and 60 minutes for other routes; the minimum operating time of route is not less than 12 hours/day. For bus routes with the starting and ending points located in the airport area, the time of operation is scheduled in accordance with the operating time of airport.

5. People’s Committee of provinces and centrally-run cities (hereafter referred to as provincial People’s Committees) will agree with the relevant provincial People’s Committee to approve and announce the route network planning; build and manage the infrastructure for bus operation; announce bus route and ticket fare (for bus with subsidy) and the state preferential policies on encouraging the development of passenger transport by bus in the areas; regulate and carry out the order, bidding for operation of bus route in the planning.

6. Provincial People’s Committee will agree with the Ministry of Transport before approving and permitting the operation of bus routes with the starting and ending points located in airport areas.

Article 6. Passenger transport business by taxi

1. Passenger transport business by taxi with itinerary and schedule as required by passengers; the fare calculated by the taximeter based on kilometer of road and waiting period.

2. Auto has light box with the word "TAXI" on the roof..

3. From July 01, 2016, taxi must have the printing equipment connected with the taximeter, the driver must print the bill and hand it to passenger.

4. Provincial People’s Committee will develop the passenger transport development planning by taxi, manage the transport activities by taxi, build and manage taxi stops in the areas.

Article 7. Passenger transport business under contract

1. Passenger transport business under contract is the transport business without fixed route and is done under a written transport contract between the transport business unit and the transport hirer.

2. When performing the passenger transport under contract, the driver must carry the original or copy of transport contract and the list of passengers with certification of transport unit (excluding auto for funeral or wedding).

3. From July 01, 2015, for auto with design payload from 10 passengers or more, before implementing the contract, the transport business unit must inform the Department of Transport where the transport business Permit of main information of the trip, including: itinerary, number of passengers place of passenger pick-up and drop-off, time of contract implementation.

4. In addition to serving emergency of traffic accident victims or urgent tasks such as natural disaster, sabotage as required by the functional forces, the auto transporting passenger under contract must not pick up and drop off passengers at places other than the ones specified in the contract.

5. It is not permissible to sell ticket or confirm reservation for passengers in any form.

Article 8. Tourist transport business by auto

1. Tourist transport business is the transport business without fixed routes carried out under the tourism program and must have a written passenger transport contract between the transport business unit and tourism or traveling business unit.

2. When transporting tourists, the driver must bring the tourist transport contract or traveling contract (original or copy with certification of tourism business unit); the tourism program and list of passengers.

3. From July 01, 2015, for auto with design payload from 10 passengers or more, before implementing tourist transport contract or traveling contract, the transport business unit must inform the Department of Transport where the transport business Permit of main information of the trip, including: itinerary, number of passengers place of passenger pick-up and drop-off, time of contract implementation.

4. In addition to serving emergency of traffic accident victims or urgent tasks such as natural disaster, sabotage as required by the functional forces, the auto transporting tourists under contract must not pick up and drop off passengers at places other than the ones specified in the contract.

5. It is not permissible to sell ticket or confirm reservation for passengers in any form.

6. Auto transporting the tourists will be arranged with priority the place for tourist pick-up and drop-off for tourism and sightseeing at bus stations, railway stations, airports, ports, tourism areas, tourism sites and tourism accommodation as prescribed by the provincial People’s Committee.

7. The Ministry of Transport will coordinate with the Ministry of Culture - Sports and Tourism to regulate the tourist transport by auto and issue, change or revoke the plate for auto transporting tourists.

Article 9. Goods transport business by auto

1. Goods transport business by auto is the use of auto with payload from 1,500 kg or less to transport goods and the transport hirer will pay the driver based on the taximeter attached. The two sides or doors of auto has the words “TRANSPORT TAXI”, contact phone number, name of business unit.

2. Transport business of overweight or overlength goods:

a) Transport business of overweight or overlength goods is the use of appropriate auto to transport types of goods and each batch of goods has size or weight exceeding the prescribed limit but can not be knocked down;

b) When transporting the overweight or overlength goods, the driver must bring the circulation Permit issued by the competent authorities.

3. Hazardous goods transport business is the use of auto to transport goods containing hazardous substance which can cause danger to people’s life and health, environment, safety and national security upon transport. The hazardous goods transport business must have a Permit issued by the competent authorities.

4. Goods transport business in container is the use of tractor with trailer or semi-trailer to transport containers.

5. Normal goods transport business is the form of goods transport business other than the forms specified in Clause 1, 2, 3 and 4 of this Article.

6. Goods transport business unit must take responsibility for loading goods onto auto under the regulations of the Ministry of Transport.

7. Provincial People’s Committee will develop and publicize the planning of stations for goods transport auto and goods delivery place in local areas.

Article 10. Liability limit of person doing business in goods transport in compensation for damaged, lost or deficient goods

1. The compensation for damaged, lost or deficient goods is done under the transport contract or agreement between the person doing business in goods transport and the transport hirer.

2. Where in transportation contract, there is no content defining the compensation for damaged, lost or deficient goods due to mistake of the person doing business of goods transport and both parties have not reach an agreement on the compensation. In this case, the person doing business in goods transport will compensate the transport hirer at the rate of VND 70,000 (seventy thousand dong) for 01 kg of lost goods, unless otherwise decided by the court or arbitrator.

Article 11. Regulation for driver, transport operator and auto used for transport business

1. Driver of transport business must ensure the following requirements:

a) To be paid the social insurance and health insurance by the transport business unit.

b) To be periodically checked health and issued with Certificate as prescribed by the Ministry of Health;

c) To be trained about profession and regulations of law for transport activities as prescribed by the Ministry of Health;

2. Transport operators of enterprises and cooperatives must ensure the following requirements:

a) Must not work for other units or organs simultaneously;

b) Not to be a driver or service personnel on auto of their units.

c) To be trained as prescribed by the Ministry of Transport.

3. Auto for transport business must ensure the following requirements:

a) Auto for passenger transport business along fixed route taxi, bus, auto transporting passenger under contract, auto carrying container, trailer or semi-trailer tractor or auto transporting goods must be attached with a sign; auto for tourist transport business must be attached with token as prescribed by the Ministry of Transport.

b) Auto must be maintained, repaired with logbook to record the operation process as prescribed by the Ministry of Transport.

c) There must be adequate information posted on the auto as prescribed by the Ministry of Transport.

d) Provincial People’s Committee specifies the color of taxi within their local areas.

4. For types of auto that have not been attached with token before the effective date of this Decree, the attachment of token will comply with the following roadmap:

a) Before July 01, 2015 for bus, trailer and semi-trailer tractor for transport business;

b) Before January 01, 2016 for auto used for goods transport business with design payload from 10 tons or more;

c) Before July 01, 2016 for auto used for goods transport business with design payload from 07 tons to less than 10 tons;

d) Before January 01, 2017 for auto used for goods transport business with design payload from 3.5 tons to less than 7 tons;

dd) Before July 01, 2018 for auto used for goods transport business with design payload of less than 3.5 tons.

Article 12. Regulations on development and compliance with the process to ensure traffic safety in transport business activities by auto

1. Transportation business units by auto, passenger and goods transport station must develop and comply with the procedures to ensure traffic safety in accordance with types of business of their units according to the following roadmap:

a) Passenger transport business unit along fixed route, bus, taxi transporting goods in container; passenger transport station: From July 01, 2015.

b) Transport business unit under contract of passengers, tourists, transport of goods by trailer or semi-trailer tractor, auto with design payload from 10 tons or more; goods transport station: From July 01, 2016.

c) Goods transport business units by auto with design capacity from 07 to less than 10 tons: From January 01, 2017;

d) Goods transport business units by auto with design capacity of less than 07 tons: From July 01, 2019;

2. Process to ensure traffic safety need to indicate the following contents:

a) For transport business unit: Procedures for checking conditions for traffic safety of auto and driver before implementing the transport business itinerary; regulations on maintenance and repair of auto used for transport business, working organization for drivers of transport business, regulations on inspecting and monitoring the operation of auto and driver on the transport business itinerary, handling plan upon occurrence of traffic accident during the transport business; regulations on reporting traffic safety for driver and transport operator;

b) For units doing business of passenger and goods transport: Procedures for checking the conditions for traffic safety of auto, driver, goods and luggage of passengers before leaving the station; regulations on inspecting and monitoring the operation of auto and driver in the area of station and regulations on reporting the traffic safety.

3. The Ministry of Transport defines in detail the development and implementation of process to ensure the traffic safety in transport business activities by auto and the roadmap to apply the process to ensure the traffic safety for auto station.

Chapter III

CONDITIONS FOR TRANSPORT BUSINESS BY AUTO

Article 13. General conditions for transport business by auto

The transport business units must have all of the conditions as follows:

1. Registration of transport business by auto as prescribed by law.

2. Vehicles must ensure the number and quality to be consistent with business forms, namely:

a) There must be sufficient number of vehicles upon transport business activities under the approved business plan; the vehicles must belong to the transport business units or legal use right under the contract of the transport business unit with the financial leasing institutions or organizations and individuals having functions of property leasing as prescribed by law.

Where the registered auto belong to the cooperative member, there must be service contract between members with cooperative in which the cooperative has the rights, responsibility and obligations to manage, use and operate autos which belong to the cooperative members.

b) Auto must ensure technical safety and environmental protection;

c) Auto must be installed the route monitoring equipment under the provisions in Article 14 of this Decree.

3. Driver and service personnel on auto:

a) Driver is not the person whose practice is prohibited as prescribed by law;

b) Driver and service personnel must have a written labor contract with the transport business unit under the form of the Ministry of Labour - Invalids and Social Affairs (except in case they are owners of business household or parents, spouse or children of the owners of business household

c) Service personnel must be trained about profession and regulations of law on transport activities as prescribed by the Ministry of Transport. The service personnel on the tourism auto must also be trained about tourism profession as prescribed by law on tourism.

4. The transport operator must have professional qualification in transport from the intermediate level or above or college or higher education of economic or technical majors and continuous work time at transport units from 03 years or more.

5. Parking place: The transport business unit must have parking place in accordance with the business plan and ensure the requirements for traffic safety, fire and explosion prevention and environmental sanitation as prescribed by law.

6. Organization and management

a) The transport business units having the vehicles subject to installation of route monitoring equipment must equip their vehicles with computer, network connection line and must monitor and process information received from the route monitoring equipment installed on the vehicles.

b) The transport business units will arrange sufficient drivers under the business plan, take responsibility for the drivers’ health checkup and employ healthy drivers as prescribed. For autos used for passenger transport business with design payload from 30 seats or more (including the seats, standing place and beds), there must be service personnel on the auto (except autos used to transport public servants, employees and student and bus with equipment substituting service personnel).

c) Enterprises and cooperatives doing business of passenger transport along fixed routes, by bus, taxi or goods transport in container must have a division to manage and monitor the conditions on traffic safety;

d) Enterprises and cooperatives doing business of passenger transport along fixed routes by auto, bus or taxi must register and comply with the quality standard of passenger transport services.

Article 14. Route monitoring equipment

1. Autos used for passenger transport business or goods transport business in container, trailer or semi-trailer tractor used for transport business and autos used for goods transport business must be installed the route monitoring equipment which must ensure the good technical condition and continuous operation during traffic circulation.

2. The route monitoring equipment must ensure at least the following requirements:

a) Storing and transmitting information as prescribed by the Ministry of Transport;

b) Information from the route monitoring equipment on is used in state management on transport operation and management of activities of transport business units and is provided for police or inspector as required.

3. For types of auto not installed the route monitoring equipment before the effective date of this Decree, the installation of route monitoring equipment will be done according to the following roadmap:

a) Before July 01, 2015 for taxi, trailer or semi-trailer tractor used for transport business;

b) Before January 01, 2016 for autos used for goods transport business with design payload from 10 tons or more;

c) Before July 01, 2016 for autos used for goods transport business with design payload from 07 tons to less than 10 tons;

d) Before January 01, 2017 for autos used for goods transport business with design payload from 3.5 tons to less than 07 tons;

dd) Before July 01, 2018 for autos used for goods transport business with design payload of less than 3.5 tons;

Article 15. Conditions for passenger transport business along fixed route

1. Enterprises and cooperatives have met all conditions specified in Article 13 of this Decree.

2. Autos used for passenger transport business must have seats prioritized for disabled, elderly and pregnant woman according to the following roadmap:

a) Autos registered for the first time to operate the transport business: From January 01, 2016;

b) Autos under operation: From July 01, 2017.

3. Autos with payload permitted to transport from 10 passengers or more must have the service life as follows:

a) Distance of more than 300 km: not exceeding 15 years for autos manufactured to transport passengers. From January 01, 2016, autos with converted use purpose must not be used.

b) Distance of less than 300 km: not exceeding 20 years for autos manufactured to transport passengers and 17 years for autos with converted use purpose before January 01, 2002 from other vehicles to passenger autos.

4. From July 01, 2016, enterprises and cooperatives doing business of passenger transport along fixed routes from 300 km or more must have the minimum number of vehicles as follows:

a) For units whose head office is located in centrally-run cities: from 20 autos or more;

b) For units whose head office is located at remaining localities: From 10 autos or more; for units whose head office is located in poor districts as prescribed by the Government: From 05 autos or more.

Article 16. Conditions for passenger transport business by bus

1. Enterprises and cooperatives meet the conditions specified in Article 13 and Clause 2, Article 15 of this Decree.

2. Bus must have a capacity of 17 passengers or more. Location, number of seats and standing place for passengers and other technical regulations for bus in accordance with technical regulations issued by the Ministry of Transport. For passenger transport business activities by bus along fixed routes with itinerary compulsorily crossing bridges with tonnage allowed for traffic from 05 tons or less or on 50% of itinerary as road of IV grade or less (or urban road with cross-section of 07 meters or less), the autos with design payload from 12 to less than 17 passengers are used.

3. Buses must have their service life as prescribed at Point b, Clause 3, Article 15 of this Decree and typical paint color to be registered with the route management organ, except where the provincial People's Committee has specified the paint color of the bus in the area.

4. From July 01, 2016, enterprises and cooperatives doing business of passenger transport by bus must have a minimum number of vehicles as follows:

a) For units whose head office is located in centrally-run cities: From 20 autos or more;

b) For units whose head office is located at remaining localities: From 10 autos or more; for units whose head office is located in poor districts as prescribed by the Government: From 05 autos or more.

Article 17. Conditions for passenger transport business by taxi

1. Enterprises and cooperatives meet the conditions specified in Article 13 (except Point c, Clause 3, Article 13) of this Decree.

2. Taxi must have a capacity of 9 seats or less (with driver included).

3. Taxi with service life not exceeding 08 years in urban areas of special grade and 12 years at other localities.

4. On taxi, there must a taximeter which has been tested and sealed with lead by the competent authorities.

5. Enterprises and cooperatives doing business of passenger transport by taxi must register and paint their logo which is not identical with the registered one of the previous taxi transport business unit and transaction telephone number for the taxis of such units.

6. Enterprises and cooperatives doing business of passenger transport by taxi must have operating center and maintain the operation of such center with drivers, register contact frequency and have contact equipment between the center with the taxis of such units.

7. From January 01, 2016, enterprises and cooperatives doing business of passenger transport by taxi must have at least 10 taxis and 50 taxis for urban areas of special grade.

Article 18. Conditions for passenger transport business under contract, tourist transport by auto

1. Transport business units meet the conditions specified in d 13 of this Decree.

2. Autos used for tourist transport business with their service life not exceeding 15 years; autos with converted use purpose must not be used for tourist transport.

3. Autos used for passenger transport business under contract have their service life specified at Point a and b, Clause 3, Article 15 of this Decree.

4. From January 01, 2017, the passenger transport business units under contract and the tourist transport business units on itinerary with distance from 300 km or more must have a minimum number of autos as follows:

a) For units whose head office is located in centrally-run cities: from 10 autos or more;

b) For units whose head office is located at remaining localities: From 05 autos or more; for units whose head office is located in poor districts as prescribed by the Government: From 03 autos or more.

5. The tourist transport business units by autos, besides the conditions specified in this Decree, must comply with relevant regulations of law on tourism.

Article 19. Conditions for goods transport business

1. The goods transport business units must meet the conditions specified in Article 13 of this Decree.

2. From July 01, 2017, enterprises and cooperatives doing business of goods transport in containers and the goods transport business units using the trailer or semi-trailer tractors and autos to transport goods on the itinerary with distance from 300 km or more must have a minimum number of autos as follows:

a) For units whose head office is located in centrally-run cities: from 10 autos or more;

b) For units whose head office is located at remaining localities: From 05 autos or more; for units whose head office is located in poor districts as prescribed by the Government: From 03 autos or more.

Chapter IV

ISSUE OF PERMIT FOR TRANSPORT BUSINESS BY AUTO

Article 20. Issue of permit for transport business by auto

1. The passenger transport business units and the goods transport business units must have the permit for transport business by auto (hereafter referred to as business Permit)

2. For types of transport business that have not been issued with business Permit before the effective date of this Decree, the issue of business Permit will comply with the following roadmap:

a) Before July 01, 2015 for trailer or semi-trailer tractor used for transport business (except autos used for goods transport business in containers);

b) Before January 01, 2016 for autos used for goods transport business with design payload from 10 tons or more;

c) Before July 01, 2016 for autos used for goods transport business with design payload from 07 tons to less than 10 tons;

d) Before July 01, 2017 for autos used for goods transport business with design payload from 3.5 tons to less than 07 tons;

dd) Before July 01, 2018 for autos used for goods transport business with design payload of less than 3.5 tons;

3. The contents of the business Permit include:

a) Name and address of business unit;

b) Business registration Certificate includes: Number, date of issue and issuing organ;

c) Legal representative;

d) Types of business;

dd) Effective duration of business Permit

e) Organ issuing the business Permit.

4. The business Permit is valid for 07 years and will be re-issued in case it is torn, damaged, has modification related to its contents or it is expired. In case of re-issue due to modification related to the contents of business Permit, the duration of the new business Permit must not exceed the old duration of the Permit previously issued.

5. The unit issued with business Permit must be evaluated periodically on maintaining the conditions for transport business by autos as prescribed by the Ministry of Transportation.

6. The organ having the authority to issue the business Permit is the Department of Transport in provinces and centrally-run cities.

7. The Ministry of Transport will specify the form of business Permit.

Article 21. Dossier to request the issue and re-issue of business Permit

1. Dossier includes:

a) Application for issue of business Permit under the form defined by the Ministry of Transport;

b) Certified copy (or copy attached to the original for comparison) of the business registration Certificate;

c) Certified copy (or copy attached to the original for comparison) of the diploma or certificate of the person directly operating the transport;

d) Transport business plan by autos as prescribed by the Ministry of Transport;

dd) Establishment Decision and regulations on functions and duties of the management division; monitoring of conditions on traffic safety (for enterprises and cooperatives doing business of passenger transport along fixed route, transport of passenger by bus, taxi and transport of goods in containers);

e) Registration for quality of transport services (for enterprises and cooperatives doing business of passenger transport along fixed routes, transport of passenger by bus or taxi).

2. Dossier to request the re-issue of business Permit due to the modification of contents of business Permit, including:

a) Application for re-issue of business Permit stating the reasons for re-issue under the form specified by the Ministry of Transport;

b) Business Permit previously issued;

c) Documents evidencing the modification of contents written in the business Permit specified in Clause 3, Article 20 of this Decree (the modification related to which content, the document will be supplemented about such contents)

3. Dossier to request the re-issue of business Permit due to its expiration includes:

a) Application for re-issue of business Permit under the form prescribed by the Ministry of Transport;

b) Business Permit previously issued;

c) Transport business plan by autos as prescribed by the Ministry of Transport;

4. Dossier to request the re-issue of Permit due to loss or damage includes:

a) Application for re-issue of business Permit under the form prescribed by the Ministry of Health.

b) Business Permit is damaged (in case of damage) or there is a written certification of police of ward/commune where the transport business unit has reported the loss of business Permit.

Article 22. Procedures for issue and re-issue of business Permit

1. Procedures for issue of business Permit:

a) The transport business unit will submit 01 dossier to request the issue of business Permit to the licensing organ by post or directly at the head office of licensing organ.

In case the dossier needs modification or supplementation, the licensing organ will inform directly or in writing of the contents to be supplemented or modified to the transport business unit within 03 working days after the receipt of dossier;

b) Within 05 working days, after the receipt of dossier in accordance with regulations, the issuing organ will verify dossier and issue the business Permit and approve the attached business Plan. In case of failure to issue the business Permit, the licensing organ will reply in writing stating the reasons.

c) The receipt of dossier and return of result are done at the head office or by post.

2. The procedures for re-issue of business Permit in case of its damage, modification of contents or expiration are done as the first issue.

3. Procedures for re-issue of business Permit in case of its loss:

a) The transport business unit will submit 01 dossier to request the re-issue of business Permit to the licensing organ by post or directly at the head office of licensing organ.

In case the dossier needs modification or supplementation, the licensing organ will inform directly or in writing of the contents to be supplemented or modified to the transport business unit within 03 working days after the receipt of dossier;

b) Within 30 working days, after the receipt of dossier in accordance with regulations, the issuing organ will verify dossier and issue the business Permit and approve the attached business Plan. In case of failure to re-issue the business Permit, the licensing organ will reply in writing stating the reasons.

c) The receipt of dossier and return of result are done at the head office or by post.

Article 23. Revocation of business Permit

1. The transportation business unit will be revoked its business Permit indefinitely upon violation in one of the following cases:

a) Deliberately providing false information in the dossier for issue of business Permit;

b) Failing to do business of transportation within 06 months, from the date of issue of business Permit or suspending its transport business within 06 consecutive months;

c) Doing type of transport business in contravention of business Permit;

d) Having been revoked its business Permit definitely but upon the expiration of revocation of business Permit, the breaches as the cause of revocation have not been remedied yet.

dd) In 01 year, the unit has been revoked its business Permit for 02 times or 03 times definitely during the time of using the business Permit.

e) Bankruptcy and dissolution;

g) Within 01 year, there are over 50% of autos operating of which the drivers have committed violation of law and caused serious accidents;

h) Within 03 years, having re-committed violation of business and conditions for transport business by auto and caused accident resulted in particularly serious traffic consequences.

2. The transport business unit whose business Permit has been revoked from 01-03 months upon violation of one of the contents as follows:

a) Within 03 consecutive months of operation, there are over 20% of autos whose signs and tokens of transport business have been revoked;

b) There are over 20% of autos which have been handled by the competent authorities in violation of overloading or over 20% of autos handled in violation of technical conditions.

c) There are over 10% of autos committing violation resulted in definite deprivation of driving license from the competent authorities.

d) There are over 10% of operating autos whose drivers have committed law and caused serious accidents or more.

dd) Committed violation of business and conditions for transport business by auto and caused accidents resulted in particularly serious consequences.

3. The licensing organ can revoke the business Permit issued by its organ in the following order:

a) Issuing decision on revocation of business Permit;

b) Making report to the Vietnam Road Administration, provincial People’s Committee and announcing the decision on revocation of business Permit to the organs concerned for coordinated implementation;

c) When the licensing organ issues the decision on revocation of business Permit, the business unit must return its business Permit, sign and token to the licensing organ and stop all of its transportation business activities under the revoked Permit right after the effect of the decision.

Chapter V

RESPONSIBILITY FOR IMPLEMENTATION ORGANIZATION

Article 24. Ministry of Transportation

1. Uniformly manages the transport business activities by auto as specified in this Decree.

2. Defines responsibility and handles violation in organization and management of transport business activities by auto and road transport support services.

3. Defines the management of issue of token to autos transiting and transporting passengers locally; roadmap and subjects from which the transport business unit does not collect money directly to be issued with business Permit.

4. Develops, approves and publicizes the planning of inter-provincial fixed passenger transport route network and rest stop system on national way.

5. Applies information technology in management of transport business activities by autos.

6. Inspects, examines and handles violation in implementation of regulations on business and conditions for transport business by auto under the provisions of this Decree and other relevant regulations of law.

Article 25. Ministry of Public Security

Inspects and handles violation in implementation of regulations on business and conditions for transport business by auto under the provisions of this Decree and other relevant regulations of law.

Article 26: The Ministry of Culture, Sports and Tourism

Coordinates with the Ministry of Transport to stipulate the tourist transport by auto and issue, renewal and revocation of signs for tourist transporting autos.

Article 27: The Ministry of Science and Technology

1. Coordinates with the Ministry of Transport to stipulate the technical specifications of the route monitoring equipment on autos.

2. Implements the testing of taximeter on taxis.

Article 28. Ministry of Information and Communications

Coordinates with the Ministry of Transport to provide guidance on management of use of radio frequency, information infrastructure and data service charge for the route monitoring equipment on autos and other information and communication equipment used in management and operation of transport business by autos.

Article 29. Ministry of Health

1. Issues regulations on standard, periodic health examination and regulations on medical facilities of drivers of autos used for transport business.

2. Coordinates with the Ministry of Transport to observe the regulations of law on medical examination and disease treatment for employees in the transport business units by autos.

Article 30. Ministry of Labour - Invalids and Social Affairs

1. Coordinates with the Ministry of Transport to observe the regulations on labor contract, social insurance, health insurance and other benefits of employees in the transport business by autos.

2. Coordinates with the Ministry of Transport to observe the regulations on benefits and policies on the disabled and elderly and beneficiaries of social welfare upon use of transport services by autos.

Article 31 Committee of the National Traffic Safety

1. Inspects and urges the Ministries, sectors and localities in implementation of regulations of law on ensuring order and traffic safety in transport business by auto under the provisions of this Decree.

2. Develops plan for propagation, dissemination and guidance on implementation of regulations on ensuring order and traffic safety in transport business by auto under the provisions of this Decree for the Ministries, sectors and localities to implement it.

Article 32. Provincial People’s Committee

1. Directs the local competent authorities to carry out the management of transport business by auto under the provisions of this Decree and other relevant regulations of law.

2. Provides guidance on collection and use of fee for issue of business Permit and other charges and fees related to the road transport and supporting services under the guidance of the Ministry of Finance.

3. Inspects and examines the implementation of provisions on business and conditions for transport business by auto under the provisions of this Decree and other relevant regulations of law in the local areas.

Article 33. Vietnam Automobile Transportation Association

1. Coordinates with the Ministry of Transport to develop the regulations on training for the transport operator, drivers and service personnel on autos.

2. Provides the professional training for the transport operator, drivers and service personnel on autos.

Article 34. Regulations on inspection of business conditions of the transport business units

1. The transport business units will be subject to the inspection of compliance with regulations on business and conditions for transport business by autos of the competent authorities.

2. Form of inspection:

a) Periodical inspection;

b) Irregular inspection upon occurrence of particularly serious traffic accidents, complaints, denunciations or information or signs about failure of full compliance with regulations on business and conditions for transport business.

3. Minister of Transport and Chairman of provincial People’s Committee are responsible for directing the functional organs to conduct the inspection of compliance with the business conditions of the transport business units.

Chapter VI

IMPLEMENTATION PROVISION

Article 35. Effect

This Decree takes effect from December 01, 2014 and supersedes Decree No. 91/2009/ND-CP dated October 21, 2009 of the Government on business and conditions for transport business by autos and Decree No. 93/2012/ND-CP dated November 08, 2012 amending and supplementing a number of articles of Decree No. 91/2009/ND-CP dated October 21, 2009 of the Government on business and conditions for transport business by autos.

Article 36. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairman of People's Committees of provinces and centrally-run cities, businesses and individuals concerned are liable to execute this Decree ./.

 

ON BEHALF OF THE GOVERNMENT  PRIME MINISTER  Nguyen Tan Dung