Chương 4 Nghị định 91/2009/NĐ-CP: Cấp giấy phép kinh doanh vận tải bằng xe ô tô

Chapter IV

GRANT OF ROAD TRANSPORT BUSINESS LICENSES

Article 18. Licensees and details of road transport business licenses (licenses)

1. Licensees: Units conducting passenger transport or cargo container transport business.

2. Details of a license include:

a/ Name and address of business unit;

b/ Business registration certificate (serial number, date of issue, issuing agency);

c/ Lawful representative;

d/ Type of business;

e/ Validity of the license;

f/ Licensing agency.

3. A license is valid for 7 years.

4. Means for passenger transport on fixed routes, passenger transport under contracts, or passenger transport by taxi must be affixed with insignias. Means for tourist transport must be affixed with signboards.

5. The Ministry of Transport shall specify the management, competent licensing agencies, forms of licenses, and forms and validity of insignias and signboards.

Article 19. Dossiers of application for licenses

1. For enterprises and cooperatives:

a/ An application for a license (or application for change of the details of the license), made according to a form promulgated by the Ministry of Transport;

b/ A valid copy of the business registration certificate;

c/ A valid copy of the car-parking land use right certificate or the car-parking land leasing contract;

d/ Valid copies of diplomas and certificates of persons directly administering the transportation;

e/ The business plan;

f/ The list of vehicles, enclosed with copies of vehicle registration papers (or valid copies of the financial leasing contract: property leasing contract; economic commitment, for cases defined at Point b. Clause 2, Article 11 of this Decree) and technical safety and environmental protection certificates;

g/ For enterprises and cooperatives doing business in passenger transport on fixed routes, by bus or by taxi, apart from the documents specified at Points a, b, c and d, Clause 1, Article 19, the documents defining the functions and tasks of the traffic safety- monitoring sections, transport service quality registration dossiers (units which have applied the ISO standard-based quality management system shall submit copies of the relevant certificates), the contract on and test record of the installation of vehicle itinerary supervision devices (except taxis) are additionally required.

For enterprises and cooperatives doing business in passenger transport by taxi, the dossier on the installation of equipment for communications between control centers and taxis, which have registered for radio frequency use with a competent agency, are additionally required.

For enterprises and cooperatives doing business in cargo container transport, the document defining the functions and tasks of the traffic safety monitoring section, the contract on and test record of the installation of vehicle itinerary supervision devices are additionally required.

2. For business households:

a/ An application for a license (or application for change of the details of the license), made according to a form promulgated by the Ministry of Transport;

b/ A valid copy of the business registration certificate:

c/ A valid copy of the car-parking land use right certificate or the car-parking land leasing contract:

d/ The list of vehicles, enclosed with the copies of vehicle registration papers (or valid copy of the property leasing contract as defined at Point b. Clause 2. Article 11 of this Decree), and technical safety and environmental protection certificates;

e/ The test record of the installation of vehicle itinerary supervision devices.

Article 20. Receipt and appraisal of dossiers and grant of licenses

1. Receipt of dossiers

a/ Dossiers of application for licenses may be sent by mail or submitted in person by representatives of business units to licensing agencies, which will receive the dossiers and issue receipts to the submitters;

b/ If the dossiers received by mail are incomplete or invalid, the licensing agencies shall clearly notify the contents to be supplemented or modified within 5 working days after the receipt thereof; for dossiers directly received, the dossier recipients shall check them and clearly notify the submitters of contents to be supplemented or modified.

2. Within 15 working days after the receipt of complete and valid dossiers, the licensing agencies shall appraise the dossiers and grant licenses. If refusing to grant licenses, they shall give written replies clearly stating the reasons.

3. In case of change of business conditions related to the details of their licenses, business units shall submit dossiers of application for such change for the re-grant of licenses.

Article 21. Revocation of licenses

1. Business units may have their licenses revoked in any of the following circumstances:

a/ Breaching the business conditions, seriously affecting the transport service quality and safety;

b/ Being detected to have deliberately inserted falsified information into the dossiers of application for licenses;

c/ Failing to conduct transport business within 6 months after obtaining the license or ceasing transport business for 6 consecutive months;

d/ Conducting business in contravention of the details of the licenses;

e/ Going bankrupt or being dissolved.

2. The licensing agencies shall revoke the licenses they have issued. After the issuance of decisions on withdrawal of licenses, the licenses will become invalid and the business units shall return them to the agencies which have issued them.