Chương 2 Nghị định 92/2001/NĐ-CP: Điều kiện kinh doanh vận tải bằng ô tô

Chapter II

BUSINESS CONDITIONS FOR AUTOMOBILE TRANSPORTATION

Article 5.- General business conditions for automobile transportation

Organizations and individuals wishing to be engaged in automobile transportation business must fully meet the following conditions:

1. They have business registrations for production and business lines specified in Article 3 of this Decree;

2. Automobiles used in transport activities must satisfy the motorized vehicles conditions for participation in traffic as prescribed in Article 48 of the Land Road Traffic Law and shall be used within the use duration prescribed in this Decree;

3. Automobiles must be inscribed with names or appellations of transport business organizations and/or individuals on their doors;

4. They must register fare and/or freight rates with the local price managing bodies under the guidance of the Ministry of Communications and Transport and the Government Pricing Committee, publicly post up and observe the already registered fare and/or freight rates. Fare rates applicable to passenger transportation by bus shall be prescribed by the presidents of the provincial-level People’s Committees.

Article 6.- Business conditions for passenger transportation along fixed routes

Those wishing to deal in passenger transportation along fixed routes must fully meet the following conditions:

1. They must fully meet the conditions prescribed in Article 5 of this Decree;

2. They must be enterprises and have business registrations according to law provisions;

3. They have registered with the specialized State management agencies in charge of communications and transport according to the regulations of the Ministry of Communications and Transport;

4. Their automobiles have use durations not exceeding the following limits:

a/ For transport distances of over 300 km:

- 15 years or less for automobiles manufactured for passenger transportation;

- 12 years or less for automobiles of other types converted into passenger cars before January 1, 2002.

b/ For transport distances of 300 km or less:

- 20 years or less for automobiles manufactured for passenger transportation;

- 17 years or less for automobiles of other types converted into passenger cars before January 1, 2002.

Article 7.- Business conditions for passenger transportation by bus

Organizations and individuals wishing to deal in passenger transportation by bus must fully meet the following conditions:

1. They must fully meet the conditions prescribed in Article 5 of this Decree;

2. They have made registration with local communications and transport management bodies;

3. Their buses must have 17 seats or more and a floor area for standing passengers according to the Vietnamese standards - TCVN 4461-87;

4. Their buses have use durations as prescribed at Point b, Clause 4, Article 6 of this Decree;

5. They observe fare rates decided by presidents of provincial-level People’s Committees.

Article 8.- Business conditions for passenger transportation by taxi

Organizations and individuals wishing to deal in passenger transportation by taxi must fully meet the following conditions:

1. They must fully meet the conditions prescribed in Article 5 of this Decree;

2. Their taxis have 8 seats or less (including driver’s seat), a meter indicating payable fare calculated according to the running distance in kilometers and a "Taxi" or "Meter Taxi" light box on taxi roof;

3. Their taxis have use durations not exceeding 12 years;

4. They have registered their taxis paint colors, their enterprises logos and contact telephone numbers;

5. Their taxi drivers must be provided with training in public communication skills and passenger transportation service and granted certificates thereof by Vietnam Automobile Transportation Association.

Article 9.- Business conditions for passenger transportation under contracts

Organizations and individuals wishing to deal in passenger transportation under contracts must fully meet the following conditions:

1. They must fully meet the conditions prescribed in Article 5 of this Decree;

2. When their automobiles are in operation, there must be written transport contracts which clearly state time, place of departure, place of destination, number of passengers, fare or freight rate and route;

3. Their automobiles have use durations as prescribed in Clause 4, Article 6 of this Decree;

4. In the course of transportation, there must be "contracted automobile" signboard put up on windshield.

Article 10.- Business conditions for cargo transportation

Organizations and individuals wishing to deal in cargo transportation by automobiles must fully meet the following conditions:

1. They must fully meet the conditions prescribed in Clauses 1, 3 and 4, Article 5 of this Decree;

2. Automobiles used to transport cargoes must satisfy the motorized vehicles conditions for participation in traffic, prescribed in Article 48 of the Land Road Traffic Law;

3. They must have automobiles capable of meeting preservation and/or transportation requirements when entering into contracts for transport of super-length, super-weight or hazardous cargoes.