Chương 3 Nghị định 91/2009/NĐ-CP: Điều kiện kinh doanh vận tải bằng xe ô tô

Chapter III

ROAD TRANSPORT CONDITIONS

Article 11. General conditions for road transport

1. Business units must fully meet the following conditions:

2. To register for road transport according to law.

3. To ensure the quantity, quality and life of means of transport suitable to types of business:

a/ Having a business plan ensuring the time for performance of itineraries, the time for maintenance and repair to maintain the technical conditions of vehicles;

b/ Having an adequate number of means of transport under their ownership or lawful rights to use vehicles on financial lease of financial leasing organizations or hired vehicles of organizations or individuals with the property leasing function under law.

If registered vehicles are under cooperative members'    ownership,    the    economic commitments between cooperative members and their cooperatives are required, prescribing the rights, liabilities and obligations of cooperatives to manage and use automobiles under the ownership of cooperative members.

The quantity of means must suit the business plan.

c/ The means of transport remain in the prescribed life time;

d/ They must go through technical safety and environmental protection inspection under regulations.

3. Means of transport must have itinerary supervision devices as provided for in Article 12 of this Decree.

4. Drivers and attendants:

a/ Drivers and attendants must possess written labor contracts signed with business units; drivers must not be persons being in the period of professional practice ban under law; taxi drivers, bus drivers and attendants must be trained and instructed in passenger transport and traffic safety under regulations of the Ministry of Transport.

b/ Business units shall arrange adequate drivers and attendants in conformity with their business plans and regulations; passenger cars of 30 or more seats must have attendants onboard.

5. Persons directly administering transport activities of enterprises or cooperatives (who hold any of the following posts: director, deputy director, cooperative manager or deputy manager, head of transport administration section) must fully satisfy the following conditions:

a/ Possessing the professional qualifications of intermediate level in transport or a collegial or university degree in other disciplines;

b/ Having participated in transport management at road transport enterprises or cooperatives for 3 (three) years or more;

c/ Having adequate necessary time with proof for direct administration of transport activities.

6. Car parks:

a/ Transport units shall arrange adequate areas for car parking in accordance with their respective business plans;

b/ Units' car parking areas may belong to their ownership or be rented under contracts:

c/ Car parking places must meet the requirements on traffic order and safety, fire and explosion prevention and fighting and on environmental sanitation.

7. Enterprises and cooperatives engaged in passenger transport on fixed routes, by bus or taxi must satisfy the following additional conditions:

a/ Being organized with sections for management of traffic safety conditions;

b/ Registering the passenger transport service quality with route management agencies, including the quality of means of transport; the professional qualifications of service attendants; plans on transport organization; benefits of passengers; services provided for passengers during journeys: and commitment to ensure service quality.

Article 12. Devices for vehicle itinerary supervision

1. Units engaged in passenger transport by car on fixed routes, by bus. in passenger transport under contracts, in transport of tourists and cargo container transport must install devices to supervise vehicle itineraries and maintain their good technical conditions.

2. Vehicle itinerary supervision devices must satisfy the following minimum requirements:

a/ To store information on itineraries, speeds, the number and duration of stops, door openings or closings, and the driving time;

b/ Information from vehicle itinerary supervision devices will be used as documents for management of transport units' activities and supplied to competent state management agencies upon request.

3. Schedule for installation of itinerary supervision devices:

a/ By July 1, 2011, passenger cars on fixed routes of 500 km or more, tourists transport cars and cargo container trucks must be installed with itinerary supervision devices;

b/ By January 1, 2012, passenger cars on fixed routes of 300 km or more, buses and contracted passenger cars must be installed with itinerary supervision devices;

c/ By July 1, 2012, the vehicles defined in Clause 1 of this Article must be installed with itinerary supervision devices.

Article 13. Conditions for passenger transport on fixed routes

1. All the conditions specified in Article 11 of this Decree.

2. The life of cars of 10 seats or more (including driver's) must not exceed:

a/ For a distance of over 300 km: 15 years, for cars manufactured for passenger transport: 12 years, for cars converted from vehicles of other types into passenger cars before January 1, 2002.

b/ For a distance of 300 km or less: 20 years, for cars manufactured for passenger transport; 17 years, for cars converted from vehicles of other types into passenger cars before January 1, 2002.

Article 14. Conditions for passenger transport by bus

1. All the conditions defined in Article 11 of this Decree.

2. Buses must contain 17 seats or more and flooring space for standing passengers, and be designed in accordance with the standards set by the Ministry of Transport.

3. Buses must be within the useful life specified at Point b. Clause 2. Article 13 of this Decree; and be painted in colors registered with the route management agencies.

Article 15. Conditions for passenger transport by taxi

1. All the conditions defined in Article 11 of this Decree.

2. Taxis must each contain 9 seats or less (including driver's).

3. The useful life of taxis must not exceed 12 years.

4. Taxis must be installed with meters for fare calculation by kilometers traveled and waiting duration, which are inspected and lead-sealed by a competent agency; and be painted in registered uniform colors and with logos of enterprises or cooperatives and telephone numbers.

5. Enterprises or cooperatives must have control centers, register radio frequencies and have equipment for communications between centers and taxis.

Article 16. Conditions for passenger transport by contracted cars and tourist cars

1. All the conditions defined in Article 11 of this Decree.

2. The useful life of contracted cars must comply with Point b, Clause 2, Article 13 of this Decree.

3. The useful life of tourist cars must not exceed 10 years.

4. Apart from the provisions of this Decree, tourist transport must also comply with relevant legal provisions on tourism.

Article 17. Conditions for cargo container transport business

Only enterprises or cooperatives fully meeting the conditions defined in Article 11 of this Decree can conduct cargo container transport business.