Chương IV: Thông tư 12/2020/TT-BGTVT Kinh doanh vận tải hành khách bằng xe ô tô

Chapter IV

AUTO PASSENGER TRANSPORT BUSINESS

Section 1. GENERAL REQUIREMENTS

Article 14. Regulations on passenger transport businesses

1. Comply with regulations set forth in Article 34 of the Decree No. 10/2020/ND-CP.

2. Management and use of automobiles intended for transport business

a) Formulate and implement a technical maintenance (hereinafter referred to as “maintenance”) and repair plan to ensure automobiles are maintained and repaired as prescribed in the Circular No. 53/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport;

b) Formulate and update required information on employment of automobiles in the automobiles’ service history or automobile management software of the transport business using the Form in the Appendix 1 hereof;

c) Connect and update automobiles’ service history via the auto transport business management software of the Ministry of Transport (the Directorate for Roads of Vietnam) according to the roadmap specified in Point d Clause 3 Article 11 of the Decree No. 10/2020/ND-CP;

d) Use automobiles intended for transport business in accordance with Point a, Point b Clause 3 Article 11 and Article 13 of the Decree No. 10/2020/ND-CP.

3. Management of drivers involved in transport business

a) Ensure that the drivers employed to operate double-decker sleeper buses have the experiences specified in Point c Clause 3 Article 11 of the Decree No. 10/2020/ND-CP;

b) Formulate and update required information on employment of drivers in the drivers’ work history or driver management software of the transport business using the Form in the Appendix 2 hereof;

c) Connect and update drivers’ service history via the auto transport business management software of the Ministry of Transport (the Directorate for Roads of Vietnam) according to the roadmap specified in Point d Clause 3 Article 11 of the Decree No. 10/2020/ND-CP;

d) Ensure that drivers comply with regulations on daily working hours, continuous driving hours and rest hours as specified in Clause 4 Article 11 of the Decree No. 10/2020/ND-CP.

4. Directly manage their automobiles and drivers to transport passengers:

a) via application software assisting transport connection; or

b) via transport orders; or

c) under transport contracts.

5. Decide transport tariffs.

6. Establish or apply service quality standards

a) Enterprises and cooperatives conducting passenger transport business along fixed routes, by buses and by taxis shall establish or apply basic standards for passenger transport service quality issued by the Directorate for Roads of Vietnam. If an enterprise or cooperative establishes its own service quality standard, it must state the equivalent class of passenger transport service quality according to basic standards issued by the Directorate for Roads of Vietnam;

b) An enterprises or cooperative conducting passenger transport business along a fixed route before operating the route or upon any change to the service quality shall send a notification of class of service quality on routes to the stations at two ends of the route.

7. Archive documents concerning management of transport activities for at least 03 years to serve the inspection work.

Article 15. Installation, management and exploitation of information from auto tracking devices

1. Auto tracking devices shall have their conformity with regulations certified, sufficiently and continuously record and transmit information including itinerary, speed and continuous driving hours to servers of transport businesses or data processing service providers.

2. Responsibilities of every transport business

a) Install tracking devices on its automobiles as prescribed;

b) Maintain good technical condition, transmit and provide compulsory information obtained from tracking devices in a sufficient, accurate and continuous manner during the transport;

c) Provide usernames and passwords for access to data processing data software from tracking devices installed on its automobiles to the Department of Transport issuing badges.

d) Deploy its officials to monitor automobiles via tracking devices; warn and take actions against drivers that violate rules of the transport business;

dd) Update and store compulsory information for at least 01 year.

3. Transport businesses and drivers shall comply with Clause 6 Article 12 of the Decree No. 10/2020/ND-CP.

Article 16. Provision of professional training in transport and traffic safety to drivers and attendants

1. Trainees: drivers and attendants.

2. Training contents: specified in the training framework issued by the Ministry of Transport.

3. Training schedule

a) Before participation in transportation service business;

b) Held periodically at the 3 years’ maximum interval between two training sessions.

4. Trainers, including:

a) Lecturers in the transport major from (post)secondary or higher-level education institutions providing road transport training programs; persons obtaining at least Level 4 of VQF Diploma in transport;

b) Persons holding associate or undergraduate degrees in other majors and acquiring at least 03 years’ experience in management and operation of road transport.

5. Every transport business shall provide professional training in transport and traffic safety to drivers and attendants and satisfy the following requirements:

a) All regulations laid down in Clause 1 through 4 of this Article are complied with;

b) While training is provided, the transport business is entitled to cooperate with another transport business, Vietnam Automobile Transportation Association, local automobile transportation association, driver training institutes, training institutes for ministries and ministerial agencies’ officials and (post)secondary or higher-level education institutions (that provide road transport training programs) to provide training to drivers and attendants;

c) Before providing training, the training provider shall notify the Department of Transport of the training plan, place of training, list of trainers and trainees for inspection and supervision purposes;

d) A certificate is issued to those who have completed the training according to the Form in the Appendix 3 hereof; training dossiers and results shall be archived for at least 03 years.

6. The Department of Transport shall:

a) deploy officials to directly monitor or monitor the provision of training via cameras;

b) refuse to recognize training results and request the training provider to provide training again in accordance with regulations if the training provider fails to notify the Department of Transport as prescribed in Point c Clause 5 of this Article or fails to comply with Point a Clause 5 of this Article.

Section 2. CONDUCTING FIXED-ROUTE AUTO TRANSPORT BUSINESS 

Article 17. Criteria for route establishment

1. Availability of a road system declared to be in operation during the transport itinerary.

2. Availability of a departure station and a arrival station declared to be in operation by a competent agency.

3. Fixed route code

a) Inter-provincial fixed route is assigned a code determined according to area code of the province or city of departure and destination; code of the departure station and arrival station. Each route code is composed of numbers arranged in the following numerical ascending order: city or province with small area code number in front of city or province with greater code number; province or city’s bus station with small code number in front of province or city’s bus station with greater code number. If a route is composed of different destinations, characters in the Vietnamese alphabet (A, B, C) shall be added at the end of the number sequence;

b) Provincial fixed route is assigned a code determined according to area code of the province or city of departure and destination; code of the departure station and arrival station. Each route code is composed of numbers arranged in the following numerical ascending order: area code number of city or province; bus station with small code number; bus station with greater code number. If a route is composed of different destinations, characters in the Vietnamese alphabet (A, B, C) shall be added at the end of the number sequence.

Article 18. Guidelines for organizing and managing and criteria to be satisfied by passenger pick-up and drop-off points

1. Criteria to be satisfied by a passenger pick-up and drop-off point

a) The passenger pick-up and drop-off point is only arranged at locations that ensure traffic safety and facilitate getting on and off;

b) The passenger pick-up and drop-off point is large enough for vehicles to pick up and drop off passengers without obstructing other vehicles;

c) There shall be a sign (Sign No. I.434a) intended for fixed routes at the passenger pick-up and drop-off point in accordance with the National technical regulation on road signs and signals No. QCVN41:2012/BGTVT enclosed with the Decree No. 54/2019/TT-BGTVT dated December 31, 2019 of the Minister of Transport;

d) The minimum distance between the two passenger pick-up and drop-off points or between a passenger pick-up and drop-off point and a rest stop or and stations at two ends of the route shall be determined by the Department of Transport according to current situation and traffic organization within the province.

2. Organizing and managing a passenger pick-up and drop-off point

a) The passenger pick-up and drop-off point is only used for fixed-route auto transport and must not be used for any other activities;

b) At the passenger pick-up and drop-off point, an automobile is only allowed to stop for no more than 03 minutes.

c) The Department of Transport shall determine the location of the fixed-route passenger pick-up and drop-off point (the point located along a highway and a road shall be approved by a competent road authority and a district-level People’s Committee respectively), reach an agreement thereon with the district-level People’s Committee and then request approval by the provincial People’s Committees.

d) The Department of Transport shall advise the provincial People’s Committee on organizing, managing and ensuring traffic safety, order and security and environmental safety at passenger pick-up and drop-off points within the province;

dd) The pick-up and drop-off point shall be constructed according to the following principles: for a newly constructed, upgraded or expanded road, the investor shall record the passenger pick-up and drop-off point as an item of the construct project; for an operational road, the passenger pick-up and drop-off point shall be constructed by calling for private sector involvement or using the state budget;

e) The Department of Transport shall issue a notice of operation or suspension of a fixed-route passenger pick-up and drop-off point.

Article 19. Posting of information

1. Post the following information on the website of the Department of Transport: list of routes within the province (after being published by a competent authority); list of operation routes; maximum number of trips using a route in a unit of time and total number of trips that have been registered; a list of transport businesses operating on the route; running timetable intended for automobiles operating along routes; hotline of the Department of Transport.

2. Post the following information at a station: a list of routes and departures of operational automobiles in the station; a list of transport businesses operating on each route; hotlines of transport businesses and of Department of Transport.

3. Post the following information at ticket counters: name of transport businesses, route names, ticket fares, departure schedule of each trip, services on each trip, weight of luggage free of charge.

4. Post the following on an automobile:

a) On the front glass: name of the departure station and arrival station. The height of a character is at least 06 cm.

b) On the two outer sides of the automobile or on two doors of the automobile: name and phone number of the transport business. Minimum size: 20 cm in length and 20 cm in width;

c) Inside the automobile: license plate, ticket fares, transport itinerary, services for passengers, weight of luggage free of charge, hotline of the transport business and the Department of Transport issuing the badge.

5. Responsibility for posting information and providing information to be posted:

a) Every Department of Transport shall post information as prescribed in Clause 1 of this Article;

b) Every station shall post information at the station and ticket counters in the station as prescribed in Clauses 2 and 3 of this Article;

c) Every transport business shall post information on automobiles and at its own ticket counters as prescribed in Clauses 3 and 4 of this Article;

d) Enterprises and cooperatives conducting fixed-route passenger transport business shall provide information that has to be posted at a station to relevant stations.

Article 20. Regulations on vehicles involved in fixed-route passenger transport

1. Regulations set forth in Clause 4 Article 4 of the Decree No. 10/2020/ND-CP shall be complied with.

2. Information shall be posted as prescribed in Clause 4 Article 19 hereof.

3. Quantity, quality and arrangement of seats/beds in vehicles shall conform to the design and shall be numbered from the front to the rear of vehicles in an ascending order.

4. Vehicles shall be equipped with emergency tools and usable and unexpired fire extinguishers in accordance with regulations.

5. Vehicles involved in fixed-route passenger transport must be issued with badges reading “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE VEHICLE”) using the design provided in the Appendix 4 hereto. The badge must be attached beneath the inspection stamp in the top right hand corner of the vehicle’s front windshield.

6. Behind each seat or next to each bed, there must be a safety card including the following main contents: regulations on fastening of seat belts before the vehicle is put in motion and seat belt guide (if available); guidelines for placing luggage; “no smoking” sign; instructions for use of electric system on the vehicle (if any); instructions for use of fire extinguishers and emergency hammers and emergency escape route.

7. At the same time, a vehicle is only allowed to register and operate on no more than 02 fixed routes, such routes may be successive (the arrival station of the previous route is the departure station of the next route).

Article 21. Regulations on use of passenger transit vehicles

1. Passenger transit vehicles shall comply with Clause 9 Article 3, Clause 5 Article 4, Clause 1 Article 12 and Point a Clause 2 Article 22 of the Decree No. 10/2020/ND-CP; their service life shall be determined in accordance with regulations on service life of buses specified in the Government’s Decree 95/2009/ND-CP dated October 30, 2009.

2. Name and phone number of the enterprise or cooperative shall be posted on two outer sides or two doors of the vehicle. Minimum size: 20 cm in length and 20 cm in width.

3. Badges shall be issued to passenger transit vehicles according to the Appendix 5 hereof.

Article 22. Regulations on route management

1. Regarding provincial routes: the Department of Transport shall manage routes as prescribed in Clause 3 Article 4 of the Decree No. 10/2020/ND-CP.

2. Regarding inter-provincial routes: the Department of Transport issuing badges shall take charge and cooperate with the Department of Transport of the province where the other end of the route is located as prescribed in Clause 3 Article 4 of the Decree No. 10/2020/ND-CP and cooperate with the Department of Transport of the province where issues concerning transport management, traffic order and safety on routes arise in working out solutions.

3. Before March 31, the Department of Transport shall establish, adjust or add provincial fixed routes; reach an agreement with the Department of Transport of the province where the other end of the route is located to establish, adjust or add inter-provincial fixed routes and send a written notification thereof to the Directorate for Roads of Vietnam, which will submit it to the Ministry of Transport for announcement.

Before April 30, the Directorate for Roads of Vietnam shall take charge and cooperate with Departments of Transport in consolidating, reviewing, adjusting and requesting the Ministry of Transport to publish the list of inter-provincial fixed route networks. Departments of Transport shall request the provincial People’s Committees to publish the list of provincial fixed route networks.

4. According to the list of fixed route networks published by a competent authority, the Department of Transport (in the case of provincial routes) and Departments of Transport where the ends of each fixed route are respectively located (in the case of inter-provincial routes) shall agree to publish the following detailed information about each route on their websites: departure stations, arrival stations, itineraries; total number of trips and departure time of each trip that has been made by a business, interval between each successive trip; and capacity at the two ends of the route. Such information shall be published:

a) before May 15 every year;

b) on an ad hoc basis in the case of adjustment or addition of a fixed route or flow on the published routes;

c) within 07 working days from the date of publishing, the Directorate for Roads of Vietnam shall update the list of inter-provincial fixed routes, the Department of Transport update the running timetable for vehicles operating on inter-provincial fixed routes and list of provincial fixed routes and running timetable for vehicles operating thereon to the online public service system of the Ministry of Transport.

5. During the route management, when a new route is put into operation or a new station is put into operation or a station is suspended or other issues arise, thereby resulting in updating, adjustment or addition to the list of fixed route networks, follow the instructions below:

a) In the case of a provincial fixed route, the Department of Transport shall request the provincial People's Committee to make a decision;

b) In the case of an inter-provincial fixed route, the Departments of Transport of the province where the ends of each fixed route are respectively located shall request the Ministry of Transport to make a decision.

6. In the event that a dangerous epidemics, natural disaster, flood or storm occurs, thus affecting the operation of fixed routes, the Departments of Transport of the province where the ends of each fixed route are respectively located shall agree to temporarily reduce the number of actual trips or suspend operation of the route at the request of an enterprise or cooperative or under decision of a competent authority. Reports on adjustment shall be reported to the Directorate for Roads of Vietnam, which will submit a consolidated report to the Ministry of Transport.

Article 23. Addition and replacement of vehicles operating on routes

1. Addition and replacement of vehicles operating on routes

An enterprise or cooperative is entitled to replace a vehicle operating on a route or add a vehicle if the addition does not increase the number of trips.  The vehicle that is added to a route or replaces another one on a route shall be issued with a “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE VEHICLE”) badge that contains the name of such route and shall satisfy requirements for types of vehicles operating on registered routes.

2. Unscheduled replacement of vehicles

a) An enterprise or cooperative is entitled to use its own vehicle issued with the “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE VEHICLE”) badge as a replacement for the operating vehicle involved in a technical breakdown or traffic accident or in the event of other force majeure events. If the enterprise or cooperative fails to bring in a replacement, the Department of Transport shall decide to bring in another enterprise or cooperative’s vehicle operating on the route as a replacement.

b) The replacing vehicle shall be issued with a transport order by the enterprise/cooperative using the form in the Appendix 6 hereof.

Article 24. Regulation on increasing number of vehicles to reduce passenger load

1. Increasing number of vehicles to reduce passenger load shall comply with Clause 6 Article 4 of the Decree No. 10/2020/ND-CP.

2. Fixed-route automobiles, contractual passenger automobiles, tourist automobiles and buses shall be used to reduce passenger load on public holidays and during national high school exams; badges shall be issued as prescribed in Point b Clause 2 Article 22 of the Decree No. 10/2020/ND-CP.

3. The Department of Transport shall take charge and cooperate with relevant units in formulating a plan to increase number of vehicles to reduce passenger load (including a list of vehicles and drivers deployed) and organizing the implementation thereof. The plan shall be unveiled at least 07 days before a public holiday or national high school exam.

4. Enterprises and cooperatives operating fixed routes shall, depending on the travel demand, reach an agreement with bus stations on formulating a plan to increase number of vehicles on the routes on weekends (Fridays through to Sundays) on which there is a sudden increase in the number of passengers (including the increased number of vehicles and dates on which increased trips are made). The plan shall be notified to the Departments of Transport where the ends of each fixed route are respectively located before January 15.

5. During the period vehicles are used to reduce passenger load, Departments of Transport where the ends of each fixed route are respectively located shall take charge and cooperate with the Department of Transport of the province where the other end of the route is located, relevant bus stations and owners of vehicles used for passenger load reduction in supervising and managing vehicles and drivers in accordance with regulations on management of fixed-route passenger transport.

6. Upon increasing the number of vehicles, the departure bus station shall preside over recording running time and confirm same on the transport orders in accordance with regulations, notify increased number of vehicles to the bus station on the other end of route in order for it to arrange return trips. The bus station on the other end of route shall record time and confirm return trips on the transport orders; if the enterprise or cooperative conducting transport business does not take return trips, the bus station shall only confirm the vehicles’ arrival on the transport orders in accordance with regulations.

Article 25. Regulations on transport orders

1. Transport orders shall be printed by enterprises and cooperatives themselves using the form given in the Appendix 6 hereto.  Apart from the contents specified in the Appendix 6, enterprises and cooperatives shall add other contents to serve their management work.

2. Enterprises and cooperatives shall manage, issue and inspect the use of transport orders; archive transport orders for at least 03 years.

3. Bus stations shall update information about transport orders bearing seals to the nationwide passenger management software.

Article 26. Rights and responsibilities of enterprises and cooperatives conducting fixed-route passenger transport business

1. Take measures to correctly and sufficiently implement the plan to operate registered auto passenger transport routes; develop and correctly and sufficiently implement the traffic safety procedure as prescribed in Articles 4 and 5 hereof; establish departments responsible for managing and supervising satisfaction of traffic safety conditions as prescribed in Article 7 hereof.

2. Comply with the regulations laid down in Articles 8, 9, 13, 14, 15, 16 and 54 hereof.

3. Supervise and manage the use of their badges and transport orders; write in transport orders and issue them to drivers in accordance with regulations on transport management; archive transport orders as prescribed in Clause 2 Article 25 hereof.

4. Refund at least 90% of the ticket price to passengers who have paid for tickets but cancel the trip at least 02 hours in the case of a fixed route covering a distance of less than 300 km and at least 04 hours in the case of a fixed route covering a distance of more than 300 km before the departure; refund at least 70% of the ticket price to passengers who have paid for tickets but cancel the trip at least 01 hour in the case of a fixed route covering a distance of less than 300 km and at least 02 hours in the case of a fixed route covering a distance of more than 300 km before the departure.

5. If an enterprise or cooperative is requested to transport a consignment by a fixed-route automobile (not accompanied by the consignor), such enterprise or cooperative shall request the consignor to provide sufficiently and exactly the information about the consignment and full name, address, ID card/Citizen ID card and contact phone number of the consignor and the consignee; must not transport banned, flammable and explosive goods, live animals and dirty food. Compensation for the damaged, lost or deficient consignment shall be provided under the transport contract or by negotiation between the enterprise/cooperative and the consignor.

6. Make internal regulations on drivers and attendants’ (if any) uniforms and name tags, driver ID cards; a name tag must contain a photo and full name of the driver, and name of the unit managing him/her, and may be used as a driver ID card.

7. Be entitled to refuse to transport passengers who disrupt public order or obstruct drivers and attendants; fare-dodgers or passengers suffering from a dangerous disease; passengers carrying banned, flammable or explosive goods or live animals.

8. Be entitled to use electronic devices to post information as prescribed in Clauses 2, 3 and 4 Article 19 hereof.

9.  Do not carry passengers beyond seating capacity and do not carry passengers and goods in excess of the gross vehicle weight rating written on the certificate of technical and environmental safety inspection of automobiles.

10. Do not use vehicles issued with badges reading “XE TRUNG CHUYỂN” (“SHUTTLE BUS”) to conduct transport business.

11. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP, provincial People’s Committees and other relevant regulations of law.

Article 27. Rights and responsibilities of drivers and attendants on fixed-route vehicles

1. Wear name tags and uniforms provided by enterprises and cooperatives and carry transport orders.

2. Correctly and sufficiently comply with regulations on drivers specified in the traffic safety procedures mentioned in Articles 4 and 6 hereof; correctly obey transport orders issued by enterprises and cooperatives; maintain security and order on vehicles; pick up and drop off passengers at departure stations, arrival stations and passenger pick-up and drop-off points, and operate vehicles following itineraries.

3. Do not carry passengers beyond the seating capacity and do not carry passengers and goods in excess of the gross vehicle weight rating written on the certificate of technical and environmental safety inspection of automobiles; place luggage and consignments evenly in the luggage trunk to ensure that luggage and consignments are not displaced during their transport; do not transport banned, flammable and explosive goods, live animals and dirty food. If requested to transport a consignment by a fixed-route automobile (not accompanied by the consignor), request the consignor to provide sufficiently and exactly the information about the consignment and name, address, ID card/Citizen ID card and contact phone number of the consignor and the consignee.

4. Have the responsibility to that tickets are provided for every passenger on the vehicle; instruct passengers to take the right seats according to the information on tickets; introduce the trip rules, assist passengers; provide priority seats to passengers with a disability, pregnant women, the elderly and children; remain polite to passengers; provide first aid for passengers who show signs of sickness or signs of labor.

5. Have the responsibility to request bus stations to confirm information on transport orders before the departure and arrival.

6. Have the responsibility to comply with regulations of law on maintaining traffic safety and order.

7. Be entitled to refuse to transport passengers who disrupt public order or obstruct drivers and attendants; fare-dodgers or passengers suffering from a dangerous disease; passengers carrying banned, banned, flammable or explosive goods or live animals.

8. Have the responsibility to refuse to operate a vehicle if it is found that the vehicle is not conformable to the safety conditions or fails to be fitted with a tracking device or camera or the tracking device or camera is out of order.

9. Keep the vehicle tidy, do not use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify tracking device’s or camera’s data.

10. Have the responsibility to drive the vehicle to the bus station at least 10 minutes prior to departure so that it can undergo technical safety inspection and serve other professional operations at the station in accordance with the traffic safety procedure.

11. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 28. Rights and responsibilities of passengers

1. Be entitled to request the enterprise or cooperative to provide services according to the service quality standard that have been registered and announced.

2. Be entitled to request attendants to sell the exact type of ticket; keep the ticket during the trip and present it to competent persons upon request.

3. Receive the refund prescribed in Clause 4 Article 26 hereof.

4. Be entitled to make complaints or report violations against regulations on transport management committed by a transport business, driver or attendant and claim compensation for any damage (if any).

5. Comply with the trip rules to maintain security and order on vehicles; get in and get off the vehicle at a station or passenger pick-up and drop-off point according to the regulations.

6. Exercise other rights and responsibilities in accordance with regulations of law.

Section 3. FIXED-ROUTE BUS TRANSPORT BUSINESS

Article 29. Regulations on buses

1. Comply with all regulations set forth in Clause 2 Article 5 of the Decree No. 10/2020/ND-CP.

2. Be equipped with emergency tools and usable and unexpired fire extinguishers in accordance with regulations.

3. Carry a badge that reads “XE BUÝT” (“BUS”). Its design is given in the Appendix 7 hereto. The badge must be attached beneath the inspection stamp in the top right hand corner of the vehicle’s front windshield.

4. Posting of information:

a) Posting the following information outside the bus:

On the front and rear glass: route number or route code, departure and arrival terminals;

On two sides: route number or route code; ticket fares and phone number of the enterprise or cooperative;

b) Post the following information inside the bus: license plate, route number or route code; maps of departure and arrival terminals and bus stops along the route; ticket price; ticket fares; hotline of the transport business and the local Department of Transport; responsibilities of drivers, attendants and passengers;

c) Put safety cards inside the bus in a noticeable location. A safety card shall contain at least seat belt guide (if available); guidelines for placing luggage; “no smoking” sign; instructions for use of electric system on the vehicle (if any); instructions for use of fire extinguishers and emergency hammers and emergency escape route.

Article 30. Departure terminals, arrival terminals, bus stops, bus shelters and transport orders

1. The departure and arrival terminal of a bus route shall:

a) be spacious enough for buses to make a U-turn or park in a way that ensure traffic safety;

b) be equipped with information boards displaying: route name; route number; itinerary; trip frequency; daily operating hours of the route; phone number of route management authority and enterprises/cooperatives using the route; responsibilities of passengers, drivers and attendants;

c) have passenger shelters.

2. Bus stops

a) There shall be signs and markings at a bus stop according to regulations; each sign shall include route number or route code, route name (the departure and arrival terminals), shortened itinerary on the other side of the sign;

b) There shall be bus shelters at bus stops in urban areas that have kerbs of at least 05 m wide and outside urban areas that have kerbs of at least 2.5 m wide;

c) Departments of Transports shall announce design of bus stop signs within their provinces.

3. There shall be passenger pick-up and drop-off points intended for buses at bus stations, train stations, airports, ports, landing stages and seaports so as to make a connection with other modes of transport.

4. Bus shelters

a) Departments of Transports shall announce design of bus stop signs within their provinces.

b) The following information shall by posted at a bus shelter: route number/code; route name; transport itinerary; trip frequency; daily operating hours of a route; phone number of the transport business and local Department of Transport, maps of bus routes.

5. Bus terminals, bus stops and bus shelters shall be accessible to the disabled.

6. Transport orders

a) Transport orders shall be printed by enterprises and cooperatives themselves using the form given in the Appendix 6 hereto. Apart from the contents specified in the Appendix 6, enterprises and cooperatives shall add other contents to serve their management work.

b) Enterprises and cooperatives shall manage, issue and inspect the use of transport orders; archive transport orders for at least 05 years.

Article 31. Construction of infrastructure serving bus passenger transport

1. An infrastructure system serving bus passenger transport includes: exclusive bus lanes, bus terminus, bus stops, signs, bus shelters, transit points, parking lots.

2. The infrastructure system serving bus passenger transport is constructed using the state budget and other sources of capital or private capital.

3. Departments of Transport shall manage, construct or call for private sector involvement in construction and maintenance of the infrastructure system serving bus passenger transport within their provinces as assigned by provincial People’s Committees.

Article 32. Announce opening of bus routes

1. Every Department of Transport shall announce opening of bus routes within its province according to the list of route networks approved by provincial People’s Committee. If a bus route passes through multiple provinces and cities, according to the approved list of route works, the announcement of opening of the bus route shall be made by the Department of Transport of the province where the head office or branch of the enterprise or cooperative is located after obtaining a written consent of the Department of Transport of the province where the other end of the route is located and Department of Transport of the province involved in the itinerary. If a bus route that has its departure terminal or arrival terminal within an airport, the provincial People’s Committee shall reach an agreement with the Ministry of Transport prior to announcement.

2. An announcement of opening of a bus route includes:

a) The enterprise or cooperative operating the route;

b) Route number or route code; distance; itinerary (departure terminal, arrival terminal and bus stop);

c) Running timetable and operating hours of the route;

d) Brand, capacity and typical color of the bus operating the route;

dd) Ticket fares.

3. Every Department of Transport shall publish the information specified in Clause 2 of this Article 15 on its website at least 15 days prior to passenger transport.

Article 33. Management of bus passenger transport

1. Departments of Transport shall organize bidding or place orders for the operation on bus routes according to regulations of law on manufacture and supply of public products and services.

2. Enterprises and cooperatives issued with the license for bus passenger transport business may apply for bidding or place an order for operation on a bus route.

3. The local Department of Transport shall sign a contract with the enterprise or cooperative winning the bidding or receiving orders for operating the bus route. The contract shall state a bus route operation plan, including: route name, route number, brand and capacity of the bus, ticket fares, running timetable and term of the contract.

4. The Department of Transport shall decide to adjust partially or totally the running timetable of itinerary of a provincial bus route in the case of change in traffic organization resulting in a change of the itinerary or a natural disaster or flooding or another force majeure event or at the request of an enterprise or cooperative operating the route in a manner that is relevant to demand and actual condition in each period; the enterprise or cooperative shall adjust the route operation plant according to the new running timetable; the Department of Transport and enterprise or cooperative shall sign and affix seal to confirm that the new operation plan constitutes part of the route operation contract.

5. If a bus route passes through multiple provinces and cities, the adjustment to the running timetable and itinerary or suspension or closure of the bus route shall be carried out by the Department of Transport of the province where the head office or branch of the enterprise or cooperative is located after obtaining a written consent of the Department of Transport of the province where the other end of the route is located; and notify the Departments of Transport of the provinces through which the bus route passes before carrying out the same.

6. The decision on running timetable adjustment shall be published on mass media at least 10 days prior to adjustment.

Article 34. Regulations on suspension of buses on routes, closure of bus routes; addition and replacement of buses operating on routes

1. Suspension of a bus on a route or closure of a bus route

a) At least 30 days prior to suspension of a bus on a route, the enterprise or cooperative shall send a written notification of suspension to the Department of Transport issuing the auto transport business license.

If the suspension results in a change of the trip frequency or closure of the route, within 10 working days from the receipt of the written notification, the Department of Transport issuing the auto transport business license (or in cooperation with the Department of Transport of the province where the other end of the route is located in the case of inter-provincial bus route) shall announce a new trip frequency or closure of the route at the request of the enterprise or cooperative;

b) The Department of Transport shall make an announcement on mass media within 15 working days from the receipt of the written notification;

c) At least 05 working days after suspension, the enterprise or cooperative shall return badges attached to buses suspended from operation to the Department of Transport issuing such badges.

2. Addition or replacement of a bus

a) An enterprises or cooperative is entitled to replace a bus operating on a route or add a bus if the addition does not increase the number of trips.  The bus that is added to a route or replaces another one on a route shall be issued with a badge that reads “XE BUÝT” (“BUS”) and satisfy requirements for types of vehicles operating on routes under a contract.

b) The enterprise or cooperative is, in the case of an unexpected event, entitled to use its own vehicle issued with the badge reading “XE BUÝT” (“BUS”) as a replacement for the operating vehicle involved in a technical breakdown or traffic accident or in the event of other force majeure events.

Article 35. Rights and responsibilities of enterprises and cooperatives conducting bus transport business

1. Take measures to correctly follow the running timetable according to the operation plan specified in the contract; develop and correctly and sufficiently implement the traffic safety procedure as prescribed in Articles 4 and 5 hereof; establish departments responsible for managing and supervising satisfaction of traffic safety conditions as prescribed in Article 7 hereof.

2. Comply with the regulations laid down in Articles 8, 9, 13, 14, 15, 16 and 54 hereof.

3. Make internal regulations on drivers and attendants’ (if any) uniforms and name tags, driver ID cards; a name tag must contain a photo and full name of the driver, and name of the unit managing him/her, and may be used as a driver ID card.

4. Be entitled to use electronic devices to post information as prescribed in Clause 4 Article 29 hereof.

5. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 36. Rights and responsibilities of drivers and attendants on buses

1. Correctly comply with the traffic safety procedure set forth in Article 4 hereof.

2. Wear name tags and uniforms provided by enterprises and cooperatives.

3. Correctly follow the approved running timetable and schedule.

4. Provide information about route itinerary and bus stops on routes at the request of passengers; instruct and assist passengers (especially passengers with a disability, pregnant women, the elderly and children) to get on and get off buses; remain polite to passengers.

5. Be entitled to refuse to transport passengers who pose threats to order, safety and security on buses or who are suffering from a dangerous disease; be entitled to refuse to transport banned, flammable or explosive goods, live animals and dirty food or luggage whose weight and dimensions exceeds the permissible limits specified in Clause 1 Article 37 hereof.

6. Have the responsibility to refuse to operate a bus if it is found that the bus is not conformable to the safety conditions or fails to be fitted with a tracking device or camera (for the bus required to be fitted with a camera) or the tracking device or camera is out of order.

7. Keep buses tidy, do not use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify tracking device’s or camera’s data.

8. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 37. Rights and responsibilities of passengers on buses

1. Be entitled to carry luggage whose weight and dimensions must not exceed 10 kg and 30x40x60 cm respectively.

2. Comply with trip rules and instructions given by drivers and attendants.

3. Be entitled to request attendants to sell the exact type of ticket; keep the ticket during the trip and present it to competent persons upon request.

4. Be entitled to make complaints or report violations against regulations on transport management committed by a transport business, driver or attendant and claim compensation for any damage (if any).

5. Exercise other rights and responsibilities in accordance with regulations of law.

Section 4. TAXI BUSINESS

Article 38. Regulations on taxis

1. Regulations set forth in Clause 4 Article 4 of the Decree No. 10/2020/ND-CP shall be complied with.

2. The following information shall be posted:

a) On the two doors of the taxi: name, phone number and logo of the enterprise or cooperative. Minimum size: 20 cm in length and 20 cm in width;

b) Inside the taxi: Kilometer-based taxi fares; waiting charges and other charges (if any) paid by passengers.

3. Taxis must be equipped with usable and unexpired fire extinguishers in accordance with regulations.

4. Badge attached to a taxi

a) Design of the “XE TAXI” (“TAXI”) badge is given in the Appendix 8 hereto;

b) Taxi badges of transport businesses in a province shall be subject to regulations adopted by the People's Committee of that province or shall be attached using the design given in the Appendix 8 hereto.

A specific badge must contain a QR code and have a size consistent with the design provided in the Appendix 8 hereto. If a local government prints and releases a badge itself, design of such badge shall be notified to the Directorate for Roads of Vietnam before printing.

c) The badge must be attached beneath the inspection stamp in the top right hand corner of the vehicle’s front windshield.

5. The words “XE TAXI” (“TAXI”) must be made of reflective materials posted (fixed) on the front and rear glass of a taxi using the design given in the Appendix 9 hereto (except for the case where the taxi has a lightbox).

6. Inside the taxi, there must be safety cards including seat belt guide (if available); “no smoking” sign; instructions on how to close and open taxi doors.

Article 39. Taxi pick-up and drop-off points and taxi parking points

1. Taxi pick-up and drop-off points shall conform to regulations on traffic safety and be spotted by signs and markings according to regulations.

2. Taxi parking points

a) There are 02 types of taxi parking points: parking point under the management of an enterprise or cooperative and public parking point under the management of a local regulatory body;

b) Tax parking points shall conform to regulations on traffic safety and order and safety and not cause traffic congestion; satisfy the requirements for fire prevention and fighting and environmental safety.

Article 40. Rights and responsibilities of enterprises and cooperatives conducting taxi transport business

1. Develop and correctly and sufficiently implement the traffic safety procedure as prescribed in Articles 4 and 5 hereof; establish departments responsible for managing and supervising satisfaction of traffic safety conditions as prescribed in Article 7 hereof.

2. Comply with the regulations laid down in Articles 14, 15 and 16 hereof.

3. Make regulations on drivers and attendants’ (if any) uniforms and name tags, driver ID cards; a name tag must contain a photo and full name of the driver, and name of the unit managing him/her, and may be used as a driver ID card.

4. Be entitled to use electronic devices to post information as prescribed in Clause 2 Article 38 hereof.

5. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 41. Rights and responsibilities of taxi drivers

1. Correctly comply with the traffic safety procedure set forth in Article 4 hereof.

2. Wear name tags and uniforms provided by enterprises and cooperatives.

3. Charge the fare that is shown on the meter or the notification on software; give passengers a receipt (or an e-invoice) after payment has been made in full.

4. Keep taxis tidy, do not use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify tracking device’s or camera’s data.

5. Provide passengers with information about the route upon request; instruct and assist passengers (especially passengers with a disability, pregnant women, the elderly and children) to get on and get off taxis.

6. Be entitled to refuse to transport passengers who pose threats to order, safety and security on taxis or who are suffering from a dangerous disease; do not transport banned, flammable or explosive goods, live animals, goods of unknown origin and dirty food.

7. Have the responsibility to refuse to operate the taxi if it is found that the taxi is not conformable to the safety conditions or fails to be fitted with a tracking device or camera or the tracking device or camera is out of order.

8. Calculate fares using software, during the transport, provide passengers with a device capable of showing the contents specified in Point c Clause 3 Article 6 of the Decree No. 10/2020/ND-CP and provide it to competent authorities upon request.

9. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 42. Rights and responsibilities of taxi passengers

1. Request drivers to provide information about the itinerary.

2. Pay the fare shown on the meter or ride hailing software and receive a receipt or invoice.

3. Comply with trip rules and instructions given by drivers.

4. Be entitled to make complaints or report violations against regulations on transport management committed by a transport business, driver or attendant and claim compensation for any damage (if any).

5. Exercise other rights and responsibilities in accordance with regulations of law.

Section 5. CONTRACTUAL PASSENGER TRANSPORT BUSINESS AND TOURIST TRANSPORT BUSINESS

Article 43. Regulations on automobiles involved in contractual passenger transport and tourist transport; identification of the same overlapping start and end points

1. Automobiles involved in contractual passenger transport shall comply with regulations set forth in Clause 1 Article 7 of the Decree No. 10/2020/ND-CP.

2. Automobiles involved in tourist transport shall comply with regulations set forth in Clause 1 Article 8 of the Decree No. 10/2020/ND-CP.

3. The following information shall be posted: name and phone number of the transport business

a) Minimum size: 20 cm in length and 20 cm in width;

b) Posting location: on two sides of head part of the automobile or on doors of the automobile.

4. The words “XE HỢP ĐỒNG” (“CONTRACTUAL VEHICLE”) must be made of reflective materials posted (fixed) on the front and rear glass of the automobile using the design given in the Appendix 10 hereto.

5. The words “XE DU LỊCH” (“TOURIST VEHICLE”) must be made of reflective materials posted (fixed) on the front and rear glass of a taxi using the design given in the Appendix 11 hereto.

6. Quantity, quality and arrangement of seats shall be conformable to the vehicles’ design.

7. Automobiles shall be equipped with emergency tools and usable and unexpired fire extinguishers in accordance with regulations.

8. Automobiles involved in contractual passenger transport must be issued with badges reading “XE HỢP ĐỒNG” (“CONTRACTUAL VEHICLE”) using the design given in the Appendix 12 hereto.

9. Automobiles involved in tourist transport must be issued with badges reading “XE Ô TÔ VẬN TẢI KHÁCH DU LỊCH” (“TOURIST AUTOMOBILE”) in accordance with regulations of law.

10. The badge must be attached beneath the inspection stamp in the top right hand corner of the vehicle’s front windshield.

11. Behind each seat or next to each bed, there must be a safety card (in Vietnamese language and English language) including the following main contents: seat belt guide (if available); guidelines for placing luggage; “no smoking” sign; instructions for use of electric system on the vehicle (if any); instructions for use of fire extinguishers and emergency hammers and emergency escape route.

12. The same overlapping start point (the first passenger pick-up location specified in the transport contract) and end point (the last passenger drop-off location specified in the transport contract) during tourist transport and contractual passenger transport is identified as a position on the road surface or position associated with an address containing a street name (route name) or an alley name in an urban area.

Article 44. Rights and responsibilities of contractual passenger transport businesses or tourist transport businesses

1. Develop and correctly and sufficiently implement the traffic safety procedure as prescribed in Articles 4 and 5 hereof; comply with the regulations laid down in Articles 14, 15, 16 and 54 hereof.

2. Transport businesses using automobiles with 09 seats (including the driver) or more shall comply with the regulations laid down in Articles 8, 9 and 13 hereof.

3. Contractual passenger transport businesses shall comply with the regulations prescribed in Clauses 3, 5 and 6 Article 7 of the Decree No. 10/2020/ND-CP. Tourist transport businesses shall comply with the regulations prescribed in Clauses 3 and 5 Article 8 of the Decree No. 10/2020/ND-CP.

4. Make internal regulations on drivers and attendants’ (if any) uniforms and name tags, driver ID cards; a name tag must contain a photo and full name of the driver, and name of the unit managing him/her, and may be used as a driver ID card.

5. Be entitled to use electronic devices to post information as prescribed in Clause 3 Article 43 hereof.

6. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Article 45. Rights and responsibilities of drivers involved in contractual passenger transport business and tourist transport business

1. Correctly comply with the traffic safety procedure set forth in Article 4 hereof.

2. Transport passengers in accordance with the itinerary and schedule already notified to the Department of Transport.  Wear name tags and uniforms provided by transport businesses.

3. Drivers involved in contractual passenger transport business shall comply with the regulations prescribed in Clause 3 through 7 Article 7 of the Decree No. 10/2020/ND-CP. Drivers involved in tourist transport business shall comply with the regulations prescribed in Clauses 3, 4 and 7 Article 8 of the Decree No. 10/2020/ND-CP.

4. Drivers using application software assisting transport connection during transport of passengers shall have a device to access the interface showing electronic transport contracts and list of passengers specified in the Appendix 13 hereof.

5. Keep vehicles tidy, do not use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify data from tracking devices or cameras fitted to vehicles (for vehicles required to be fitted with cameras).

6. Refuse to transport passengers who pose threats to security, order and safety on vehicles; refuse to transport banned, flammable or explosive goods or live animals.

7. Be entitled refuse to operate a vehicle if it is found that the vehicle is not conformable to the safety conditions, fails to be fitted with a tracking device or camera (for the vehicle required to be fitted with a camera) or the tracking device or camera is out of order.

8. Do not carry passengers beyond the seating capacity and do not carry passengers and goods in excess of the gross vehicle weight rating written on the certificate of technical and environmental safety inspection of automobiles; place luggage evenly in the luggage trunk to ensure that luggage are not displaced during their transport; do not transport banned, flammable and explosive goods, live animals and dirty food.

9. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Bài viết liên quan