Chương 2 Nghị định 91/2009/NĐ-CP: Kinh doanh vận tải bằng xe ô tô

Chapter II

ROAD TRANSPORT BUSINESS

Article 4. Passenger transport on fixed routes

1. Passenger transport on fixed routes with identified terminals of departure and arrival under appropriate timetables and itineraries registered by enterprises and approved by route management agencies.

2. Fixed routes of passenger transport include inter-provincial routes and intra-provincial routes. An inter-provincial route covers a distance of 300 kilometers or longer, departs from and arrives at terminals of grade 4 (four) or higher.

3. Management of routes covers:

a/ Monitoring and summing up the number and travel demand of passengers on routes; activities of enterprises and cooperatives on routes;

b/ Formulating plannings on route networks and announcing routes;

c/ Approving the opening of routes, termination of route operation and exploitation, addition or suspension of operation of means of transport.

4. Route exploitation

a/ Enterprises and cooperatives may register for the exploitation of announced routes;

b/ Enterprises and cooperatives may register for the opening of new routes. Trial exploitation may last 6 (six) months; upon termination of the trial exploitation duration, enterprises and cooperatives shall report thereon to route management agencies for route announcement;

c/ Only enterprises and cooperatives already engaged in trial exploitation may continue with the exploitation for 12 (twelve) months following the time of route announcement;

d/ Route management agencies shall decide to increase the number of enterprises operating on a route when the average coefficient of passengers (departing from the terminal) on the route reaches over 50%; to increase the number of means of transport of operating enterprises when the average coefficient of passengers (departing from the terminal) on the route reaches over 50%.

5. The Ministry of Transport shall provide for the announcement and organization of management of fixed passenger transport routes in line with their distance and scope of operation.

Article 5. Passenger transport by bus

1. Passenger transport by bus on fixed routes with stops for passenger embarkation and disembarkation and buses running according to operation charts within a city or town, a province or two adjacent provinces. If a starting or ending point of an adjacent bus route is in an urban center of special grade, the route must not run beyond 3 provinces and/or cities, covering a distance not exceeding 60 (sixty) km.

a/ Operation chart: The maximum frequency will be 30 minutes/trip, for intra-municipal and intra-town routes, and 45 minutes/trip, for other routes;

b/ The maximum distance between two successive intra-municipal or intra-town bus stops is 700 m and between two suburban bus stops is 3,000 m.

2. People's Committees of provinces or centrally run cities (below referred to as provincial-level People's Committees) shall promulgate plannings on route networks, construct and manage infrastructure facilities for bus operation, announce routes, fare rates and the State's incentive policies on passenger transport by bus in their localities.

Article 6. Passenger transport by taxi

1. Passenger transport by taxi is made with itineraries and schedules requested by passengers; fares are calculated according to taxi meters based on the number of kilometers of travel and the waiting duration.

2. Taxis must be affixed on their tops with the "TAXI" light box, which shall be switched on when the cabs have no passengers and switched off when the cabs carry passengers.

3. Provincial-level People's Committees shall organize and manage public taxi parking lots.

Article 7. Passenger transport under contracts

1. Passenger transport under contracts means the transport of passengers with itineraries and time requested by passengers, which is carried out under written contracts.

2. Cars must operate under contracts clearly stating the number of passengers. If cars transport passengers for a distance of 100 km or longer, a list of passengers is required. It is forbidden to pick up passengers outside the list enclosed with the contract and forbidden to sell tickets to passengers onboard.

Article 8. Road transport of tourists

1. Road transport of tourists means the transport of passengers according to tourist routes, programs and sites.

2. When transporting tourists, drivers shall carry along contracts on transport of tourists or tour contracts (originals or copies certified by tourist business units), tourist programs and lists of tourists. It is forbidden to pick up passengers outside the lists and forbidden to sell tickets to passengers onboard.

Article 9. Cargo transport

1. For transport of ordinary cargoes (excluding taxi trucks), when transporting cargoes en route, drivers shall carry along transport contracts or papers.

2. Cargo transport by taxi trucks

a/ Cargo transport by taxi trucks means the use of automobiles of a tonnage of under 1,500 kg for cargo transport for freights calculated according to taxi meters based on the number of kilometers of travel;

b/ Both sides or doors of trucks must be painted with "TAXI TRUCK," telephone numbers and names of business units.

3. Transport of extra-long or extra-heavy cargoes

a/ Transport of extra-long or extra-heavy cargoes means the use of proper automobiles for transport of extra-long or extra-heavy cargoes;

b/ When in operation, drivers shall carry along road use permits;

c/ Business units shall bear expenses for consolidation of road bridges (if any) at the request of road management agencies.

4. The transport of dangerous goods must comply with the Government's Decree prescribing the list of dangerous goods, the transport of dangerous goods and competence to grant permits for transport of dangerous goods.

Article 10. Limit of liabilities of cargo transport businesses to compensate for damaged, lost or deficient cargoes

1. The compensation for damaged, lost or deficient cargoes shall be made under transport contracts or agreements between transport businesses and transport hirers.

2. If transport contracts do not contain agreement on compensation for cargoes which are damaged, lost or deficient due to the fault of transport businesses, the compensation level must not exceed VND 20,000 per kilogram of lost cargo, for unpackaged cargoes, or VND 7,000,000 per lost package or bale, for packaged cargoes.