Nghị định 93/2012/NĐ-CP sửa đổi Nghị định 91/2009/NĐ-CP về kinh doanh và điều kiện kinh doanh vận tải bằng xe ô tô

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO.91/2009/ND-CP, OF OCTOBER 21, 2009 ON ROAD TRANSPORT BUSINESS AND BUSINESS CONDITIONS

Pursuant to the Law on Government organization of December 25, 2001;

Pursuant to the Law on Road traffic of November 13, 2008;

Pursuant to the Law on cooperatives of November 26, 2003;

Pursuant to the Commercial Law of June 14, 2005;

Pursuant to the Law on tourism, of June 14, 2005;

Pursuant to the Law on Enterprise, of November 29, 2005;

At the proposal of The Minister of Transport;

Government promulgates Decree amending and supplementing a number of articles of the Government’s Decree No.91/2009/ND-CP, of October 21, 2009 on road transport business and business conditions,

Article 1. To amend and supplement a number of articles of the Government’s Decree No.91/2009/ND-CP, of October 21, 2009 on road transport business and business conditions as follows:

1. To amend point c, clause 3 Article 4 as follows:

“c) Approving the opening of routes, exploitation on routes, addition or suspension of operation of means of transport.”

2. To amend point d, clause 4 Article 4 as follows:

“d) Route management agencies shall decide: to increase the number of enterprises, cooperatives operating on a route when the average coefficient of passengers (departing from two terminals) on the route reaches over 50%; to increase the frequency of means of transport on a route of operating enterprises, cooperatives when the average coefficient of passengers (departing from two terminals) on the route reaches over 50%.”

3. To amend point b, clause 4 Article 11 as follows:

“b) Business units shall arrange adequate drivers and attendants in conformity with their business plans and regulations of law; passenger cars of 30 or more seats must have attendants onboard (except for contractual cars servicing in carrying workers going for work in industrial zones, carrying pupils and students going to the school).”

4. To amend point b, clause 2 Article 12 as follows:

“b) Information from vehicle itinerary supervision devices will be used as documents for management of transport units' activities; transport business units, drivers are responsible for supply to management agencies of transport routes informations specified in point a, clause 2 of this Article relating to all means of transport operating in duration of being granted insignias, signboards and supply to forces of traffic control patrol upon having request."

5. To amend clause 4 Article 15 as follows:

“4. On taxis must be installed with meters for fare calculation by kilometers traveled and waiting duration, which are inspected and lead-sealed by a competent measurement agency; enterprises, cooperatives must register to decorate by painting uniformity typical colors on background of color registered of means of transport (not coinciding with colors painted for decoration which have been registered prior by other enterprises, cooperatives) and with logos and telephone numbers on means of transport of enterprises or cooperatives.  In case central-affiliated cities provided colors to paint for taxis, enterprises and cooperatives must implement in according to colors as prescribed by cities.”

6. To amend clause 2 Article 16 as follows:

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

7. To amend clause 4 Article 18 as follows:

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

8. To amend Article 19 as follows:

“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) An authenticated copy of the business registration certificate;

c) Authenticated copies of diplomas and certificates of persons directly administering the transportation;

d) The business plan;

e) 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, must add: the documents defining the functions and tasks of the traffic safety- monitoring sections, transport service quality registration (units which have applied the ISO standard-based quality management system shall submit copies of the certificates);

For enterprises and cooperatives doing business in cargo container transport, it must add the document defining the functions and tasks of the traffic safety monitoring section.

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 authenticated copy of the business registration certificate.”

9. To amend clause 1 Article 20 as follows:

“1. Receipt of dossiers

a/ Dossiers of application for licenses (01 set) 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 03 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.”

10. To amend and supplement Article 21 as follows:

“Article 21. Revocation, depriving the right to use licenses

1. Business units may have their licenses revoked when violating one of the following circumstances:

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

b) Failing to conduct transport business within 06 (six) months after obtaining the license or ceasing transport business for 06 (six) consecutive months;

c) Conducting business improperly with the details of the licenses;

d) Going bankrupt or being dissolved.

2. Business units may be deprived right to use licenses when breaching the business conditions, seriously affecting the transport service quality and transport safety. Particularly breaching one of following contents (calculated in effective duration of insignias, signboards granted): Transport business units have 5% of number of means of transportation on route which drivers breaching their itineraries or have 20% of number of means of transportation operating on route which drivers breaching provisions of speed or 20% of number of means of transportation operating on route which drivers breaching passenger embarkation and disembarkation which being improper stipulated places or 10% of number of means of transportation operating on route which drivers breaching provision on time of driving means of transportation.

3. The licensing agencies shall revoke, deprive right to use the licenses they have issued and implement in the following order:

a) Issuing decisions on withdrawal or deprivation of licenses;

b) Notifying decisions on withdrawal or deprivation of licenses to route management agencies;

c) When route management agencies issue decisions on withdrawal or deprivation of licenses, the granted licenses of transport business units shall be invalid, business units must return them to the agencies which have issued them.”

11. To supplement clause 3 Article 27 as follows:

“3. Planning to develop passenger transport by taxi; defining number of taxis in conformity with traffic condition. The central-affiliated cities are allowed to stipulate colors to paint taxis of enterprises, cooperatives in their localities.”

12. To amend clause 2 Article 29 as follows:

“2. Buses operating before the effective date of this Decree but failing to meet the requirements defined in Clause 2, Article 14 of the Government’s Decree No.91/2009/ND-CP, of October 21, 2009 on road transport business and business conditions, may operate until the end of their prescribed life as prescribed.”

Article 2. Effect and responsibility for implementation

1. This Decree takes effect on December 25, 2012.

2. The Ministry of Transport shall coordinate with relevant ministries, branches to guide implementation of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the President of the People’s Committee shall implement this Decree.