Chapter VI
PROVISION, MANAGEMENT AND USE OF INFORMATION SPECIFIED IN TRANSPORT CONTRACTS, TRANSPORT CERTIFICATES AND TRANSPORT ORDERS
Article 50. General requirements for provision, management and use of information
1. Information and data shall be provided using the structure and format announced by the Directorate for Roads of Vietnam.
2. The information and data specified in Point d Clause 2, Point d Clause 3, Point d Clause 4 Article 51 hereof shall be provided and updated to the server of the Directorate for Roads of Vietnam prior to departure.
3. The information and data provided to the server of the Directorate for Roads of Vietnam in chronological order. The server of the unit transmitting data and server of the Directorate for Roads of Vietnam must be synchronized to national standard time using NTP (Network Time Protocol).
4. Information and data shall be provided in a timely, accurate and adequate manner and shall not be deliberately altered or falsified before, during or after transmission.
5. Information and data provided shall be used in accordance with the Government’s regulations on application of information technology to activities of regulatory agencies, used for state management of transport, management of activities of transport businesses and bus stations (for information specified in transport orders) and provided to pricing authorities, tax authorities, police authorities and transport inspectors upon request or upon handling of disputes and complaints.
Article 51. Regulations on provision of information
1. Information provided is divided into 02 types, including data default identification information and continually updated information about trips.
2. Regulations on provision of information specified in a transport contract:
a) Default identification information includes: name and TIN of the transport business; name and TIN of the data transmission software service provider (if hired by the transport business); name of the Department of Transport (that issues the transport business license); information about the vehicle (license plate, brand and seating capacity). Such information shall be associated with trip information specified in Point b of this Clause;
b) Information about each trip includes information about the hirer (name, address and phone number); information about the driver (full name of the driver, class and number of his/her driver’s license); number of the contract and date of signature; time of commencing and ending execution of the contract (date and time); departure and destination addresses and passenger pick-up and drop-off points on the itinerary (if available); trip distance (km); total number of passengers;
c) Contractual passenger transport businesses and tourist transport businesses shall provide and update information specified in the transport contract to the server of the Directorate for Roads of Vietnam according to the roadmap specified in Clause 5 Article 7 and Clause 5 Article 8 of the Decree No. 10/2020/ND-CP;
d) The information specified in Points a and b of this Clause shall be continually provided to the server of the Directorate for Roads of Vietnam before the driver operates the vehicle to transport passengers.
3. Regulations on provision of information specified in a transport certificate:
a) Default identification information includes: name and TIN of the transport business; name and TIN of the data transmission software service provider (if hired by the transport business); name of the Department of Transport (that issues the transport business license); information about the vehicle (license plate, brand and seating capacity). Such information shall be associated with trip information specified in Point b of this Clause;
b) Information about each trip includes information about the hirer (name, address and phone number); information about the driver (full name of the driver, class and number of his/her driver’s license); number of the contract and date of signature; time of commencing and ending execution of the contract (date and time); departure and destination time and addresses; number of contract and date of signature (if available); types of goods and weight (kg) of goods the vehicle carries;
c) Goods transport businesses shall provide and update information specified in transport certificates to the server of the Directorate for Roads of Vietnam according to the roadmap specified in Clause 11 Article 9 of the Decree No. 10/2020/ND-CP;
d) The information specified in Points a and b of this Clause shall be continually provided to the server of the Directorate for Roads of Vietnam before the driver operates the vehicle to transport goods.
4. Regulations on provision of information specified in a transport order:
a) Default identification information includes: name and TIN of the enterprise or cooperative conducting transport business; name and TIN of the data transmission software service provider (if hired by the enterprise or cooperative or bus station); name of the Department of Transport (that issues the transport business license); name and code of the station (departure/arrival terminal in the case of the bus route); information about the vehicle (license plate, brand and seating capacity); information about the route (route code, departure station, arrival station (departure/arrival terminal in the case of the bus route)); departure time. Such information shall be associated with trip information specified in Point b of this Clause;
b) Information about each trip includes information about the hirer (full name, class and number of the driver’s license); actual departure time; number of passengers upon departure;
c) Bus stations, enterprises and cooperatives conducting fixed-route passenger transport business or bus transport business shall provide information specified in the transport order of each trip to the server of the Directorate for Roads of Vietnam according to the roadmap specified in Clause 8 Article 4 and Clause 4 Article 5 of the Decree No. 10/2020/ND-CP;
d) The information specified in Points a and b of this Clause shall be continually provided to the server of the Directorate for Roads of Vietnam within 03 minutes from the departure.
Article 52. Responsibilities of the Directorate for Roads of Vietnam
1. Install, manage, upgrade and maintain hardware, software and transmission lines to receive, store, process, exploit and use data according to the roadmap specified in Clause 8 Article 4, Clause 4 Article 5, Clause 5 Article 7, Clause 5 Article 8 and Clause 11 Article 9 of the Decree No. 10/2020/ND-CP.
2. Build data structures and formats and protocols in order for units to transmit data to the server of the Directorate for Roads of Vietnam.
3. Exploit and use information on the software of the Directorate for Roads of Vietnam to serve state management of transport:
a) Supervise and take actions or request a competent authority to take actions against violations committed by transport businesses, bus stations and drivers; request a competent authority to take actions against violations committed by Departments of Transport;
b) Serve scientific research and handling of disputes and complaints (if any).
4. Provide guidelines for use, updating, exploitation and management of software to officials of Departments of Transport; provide usernames and passwords for access to the software of the Directorate for Roads of Vietnam to Departments of Transport and relevant agencies and organizations.
5. Store data on the software of the Directorate for Roads of Vietnam for at least 03 (three) years; maintain confidentiality and safety of such data.
Article 53. Responsibilities of Departments of Transport
1. Exploit and use data from the software of the Directorate for Roads of Vietnam to serve state management of transport:
a) Supervise and impose penalties for violations against regulations on transport on transport businesses;
b) Serve the handling of disputes and complaints (if any).
2. Inspect, update and ensure the accuracy of the data transmitted by transport businesses and bus stations to the Directorate for Roads of Vietnam, including names of Departments of Transport; information about transport businesses; information about bus stations; information about vehicles; business type of transport businesses within provinces.
3. Deploy officials to supervise, exploit and use data from the software of the Directorate for Roads of Vietnam.
4. Keep confidentiality of usernames and passwords used to access, exploit and data from the software of the Directorate for Roads of Vietnam.
5. Request transport businesses under their management to take actions against violations committed by drivers.
6. Delegate or request a competent authority to delegate responsibilities to transport businesses and bus stations within provinces as prescribed.
Article 54. Responsibilities of transport businesses and bus station operators
1. Install, manage and maintain data processing hardware and software and transmission lines in such a way that they are connected, transmit data to and are compatible with data receiving software of the Directorate for Roads of Vietnam;
2. Accurately, sufficiently and promptly transmit (update), do not deliberately alter or falsify data and promptly transmit (update) the data specified in Article 51 hereof to the server of the Directorate for Roads of Vietnam.
3. Supervise and inspect accuracy of information about vehicles and drivers, and type of business in which vehicles under their management are involved. Deploy officials to supervise, exploit and use data to serve management and operation of transport activities.
4. Store compulsory information for at least 03 (three) years.
5. Provide accounts (usernames and passwords) for access to vehicle management software to competent authorities upon request.
6. Transport businesses and bus station operators may directly implement regulations specified in Clauses 1, 2 and 4 of this Article or hire a software service provider to do so under a legally binding contract.
7. Assume other responsibilities in accordance with relevant regulations of law.
Tìm kiếm
Thông tư 12/2020/TT-BGTVT (Bản Word)
Thông tư 12/2020/TT-BGTVT (Bản Pdf)