Chương II Nghị định 86/2014/NĐ-CP: Quy định trong hoạt động kinh doanh vận tải bằng xe ô tô

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.