Chương III Nghị định 86/2014/NĐ-CP: Điều kiện kinh doanh vận tải bằng xe ô tô

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.