Chương IV Nghị định 86/2014/NĐ-CP: Cấp giấy phép kinh doanh vận tải bằng xe ô tô

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.