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THE MINISTRY OF
TRANSPORTATION AND COMMUNICATIONS
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No: 730/1999/QD-BGTVT
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Hanoi, March 24, 1999
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DECISION
PROMULGATING THE REGULATION ON ORGANIZATION AND MANAGEMENT
OF PASSENGER CAR TERMINALS
THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to Decree No. 22/CP of March 22,
1994 of the Government on the tasks, powers, State management responsibility
and organizational structure of the Ministry of Communications and Transport;
To enhance the State management over the passenger car terminals, to protect
the legitimate rights and interests of the means owners and passengers, to
create environment for equal business among different economic sectors participating
in the public transportation of passengers, to contribute to restoring the
transport order and to achieve the targets of safety, convenience, civilization
and efficiency;
At the proposal of the Director of the Vietnam Road Administration and the Director
of the Legal Department,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on organization and
management of passenger car terminals.
Article 2.- This
Decision takes effect 15 days after its signing and replaces Decision No.
1277/QD-VT of July 4, 1991 of the Minister of Communications and Transport.
Article 3.- The Director
of the Vietnam Road Administration shall have to guide and coordinate with the
provincial/municipal Communications and Transport (Public Works) Services in
organizing and inspecting the implementation of this Decision.
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FOR THE MINISTER OF
COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Dao Dinh Binh
REGULATION
ON ORGANIZATION AND MANAGEMENT OF PASSENGER CAR TERMINALS
(Issued
together with Decision No. 730/1999/QD-BGTVT of March 24, 1999 of the Minister
of Communications and Transport)
Chapter I
GENERAL PROVISIONS
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Article 2.- Scope and
objects of application
- This Regulation is applied to all car
terminals throughout the country.
- Car terminal-managing units and collectives as
well as individuals engaged in public passenger transportation (referred
collectively to as the transport units) that have cars involving in the take-in
and release of passengers, the return of luggage and baggage at the car terminals
shall all have to abide by this Regulation.
Article 3.- Car
terminals
- Car terminals are places designated for
passenger cars to enter to pick up and release passengers who travel on
different routes and to/from different directions; the places where passengers
gather to board the transport means; and the places where exist the units which
exercise the State management over communications and transport.
- Car terminals constitute part of the land road
communications and transport infrastructure, which lie in the master plans of
the provinces and centrally-run cities.
- Car terminals are built at places convenient
for the passengers’ movement such as being near traffic hubs, population
quarters, administrative, economic and/or cultural centers or near traffic
links for switching from other transport means to land road transport means and
vice versa.
Article 4.- A car
terminal (or car terminals) shall be organized into an enterprise (or
enterprises) uniformly managed by the communications and transport service in
term of their organization and operation. The establishment, operation,
dissolution or bankruptcy of car terminal enterprises shall comply with the
current law provisions.
Article 5.- Passenger
transport means operating on fixed routes shall have to pick up and release
passengers, return luggage and goods in the car terminal premises or at places
where exist parks or stops prescribed by the People’s Committees of the
provinces and centrally-run cities (except for cars mobilized by competent
State management bodies for urgent tasks). Cars put into operation must depart
from the head terminals and arrive at the end terminals of the routes. Cars
shall have to run on their prescribed itineraries. The cars’ operation on
different routes, the number of services and the departure time shall comply
with the operation time-tables approved by the Communications and Transport
(Public Works) Services.
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- "Automobiles" are motorized vehicles
operating on traffic roads with more than three wheels and operated by men.
- "Means of commercial public passenger
transportation" are automobiles of enterprise owners, which are permitted
by competent State management bodies to be engaged in the public transportation
and licensed for the public passenger transportation.
- "Passenger transport routes and
lines" are determined by the departure terminal (where the means depart)
and the arrival terminal (where the means terminate their journeys) through
fixed stops and parks along the routes.
- "Car parks" are places prescribed by
the People’s Committees of the provinces and centrally- run cities for cars to
park in order to pick up and release passengers. When parking, cars must stop
their engines.
- "Car stops" are places prescribed by
the People’s Committees of the provinces and centrally-run cities for cars to
stop to pick up and release passengers. When on stop, the cars shall have to
keep running the engines and the drivers shall have to keep sitting on their
driving seats.
Article 7.- Investment
in the construction of car terminals
- The State encourages automobile transport
enterprises of all economic sectors to contribute capital to the construction,
improvement and upgrading (hereafter referred to as construction) of car
terminals. The State shall protect the legitimate rights and interests of the
car terminal enterprises.
- The car terminals shall be designed and
constructed according to projects approved by competent levels. The volume of
passengers and the number of cars in and out of a terminal shall serve as basis
for the terminal design and construction.
- The construction of new car terminals or the
upgrading of existing ones must comply with the law provisions on investment
and construction management.
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THE STATE MANAGEMENT
OVER CAR TERMINALS
Article 8.- The State
management over car terminals shall include the following tasks:
- The management of the strategy, planning and plans
for construction, upgrading and improvement of car terminals.
- Promulgation of regulations on organization
and management of car terminals.
- Approving the construction designs and plans
for exploitation of car terminals.
- Controlling the prices and other charges at
the car terminals.
- Promulgation of regulations on provision of
services to passengers as well as regimes and policies towards passengers.
- Inspecting and examining the operations of car
terminals; inspecting and examining the observance of transport rules at car
terminals.
Article 9.- Division of
responsibility for management of car terminals
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- To promulgate legal documents on organization
and management of the operation of the car terminals for nationwide
implementation.
- To inspect and examine the operations of car
terminals.
9.2. The People’s Committees of the provinces
and centrally-run cities (hereafter referred to as the provincial-level
People’s Committees):
- To approve planning and plans for the
construction, improvement and upgrading of car terminals in their respective
provinces or cities. To decide the establishment or dissolution of car terminal
enterprises under their respective management.
- To base themselves on the State’s prices and
other charges to determine prices and other charges for operations at car
terminals.
- To examine and inspect the implementation of
policy mechanisms of the State and the Ministry of Communications and Transport
towards the provincially-/municipally-run car terminals.
9.3. The Vietnam Road Administration:
- To perform, under the authorization of the
Ministry of Communications and Transport, the function of State management over
the car terminals throughout the country.
- To elaborate or join in the elaboration of
policy mechanisms for organization and management of car terminals, to be
submitted to the Minister of Communications and Transport for promulgation. The
Vietnam Road Administration shall have to guide and inspect the implementation
thereof.
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9.4. The provincial/municipal Communications and
Transport (Public Works) Services:
- To advise the provincial-level People’s
Committees on the planning of car terminal system within their respective
localities. To join in the evaluation of car terminal enterprises when they are
established and to give comments when they are dissolved.
- To advise the provincial-level People’s
Committees on the organization and management of car terminals.
- To inspect and supervise the observance of the
regulations of the State and the Ministry of Communications and Transport on
the operation of the car terminals. To direct the consultative meetings on the
assignment of car services trips and return trips.
- To inspect the implementation of such State
management tasks as the order and environmental hygiene.
Chapter III
ORGANIZATION OF CAR
TERMINALS
Article 10.- Models of
car terminal organization
Depending on their characters, nature and sizes,
car terminals may be organized after one of the following models:
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- Many car terminals are organized into an
independent enterprise with its legal person status, bank account(s) and seal
as prescribed by the current law provisions.
The selection of organizational model shall be
decided by the competent managing agencies.
Article 11.- Organizing
the car terminal apparatus
A car terminal is run by a managerial apparatus and
an assisting apparatus depending on its work size, contents and nature.
Article 12.- Types of
car terminals.
According to operation routes and lines, car
terminals can be classified into the following types:
- The intra-provincial car terminals are those
organized in service of public passenger transportation means operating on
intra-provincial and/or intra-municipal routes or lines.
- The inter-provincial car terminals are those
organized in service of public passenger transportation means operating on
inter-provincial routes or lines.
- The mixed car terminals are those organized
for means of inter-provincial public transportation of passengers and also for
means of intra-provincial/municipal public transportation of passengers.
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13.1. Professional conditions:
- The car terminal managers must have the
professional qualifications of intermediate or higher levels and have worked in
the service for more than three years.
- Car terminal officials and employees must be
professionally knowledgeable, trained in or have the managerial experience in
the specialized field of automobile transportation.
While on duty, the car terminal officials and
employees shall have to wear uniforms and name plates as stipulated by the
Ministry of Communications and Transport.
13.2. Conditions on material and technical
foundations:
13.2.1. The compulsory material and technical
foundations:
- Having appropriate land area for parking yard,
departure and arrival lounges and other support facilities.
- Having ticket-selling counters in service of
departing passengers on various routes.
- Having parking yard (hard-surface, non-muddy,
convenient for vehicles to move in and out).
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- Having a system of signboards for guidance (on
routes, services, departure time, ticket prices…).
- Having a lighting system, toilets,
fire-fighting, first-aid room.
- Having the drive-in and drive-out.
- Having walls or fence surrounding the car
terminal and security staff members.
13.2.2. Depending on their conditions and sizes,
car terminals may have the following additional material and technical
foundations:
- The garage for car maintenance services.
- The filling station, car-washing pit.
- Restaurants and accommodation for drivers and
their assistants as well as passengers staying overnight.
- Entertainment place and cafeteria.
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Article 14.- The tasks
and rights of car terminals
14.1. The tasks of car terminals:
- If authorized by the directors of the
provincial/municipal Communications and Transport (Public Works) Services, the
car terminal managers shall preside over the negotiations among transport enterprises
(transport means owners of all economic sectors) with means operating at their
car terminals on arrangement of car services, trips and return trips.
- To organize the ticket sale for means owners
under signed contracts (including the sale of luggage and baggage tickets) or
for transport units which rent places for ticket sale.
- To organize the loading and unloading of
luggage and cargo including bicycles, motorbikes; organize the watch over and
protection of cars parking in the terminals.
- To organize the provision of services for
passengers and drivers as well as technical services for transport means.
- To coordinate with the local administration
and relevant State management bodies in ensuring order and security, the
beautiful views as well as environmental hygiene in the terminals.
- To guide cars into the terminals for
passengers arrangement according to the record of the negotiations among means
owners joining in the operation on the same routes or lines and to the
operation tables already approved by the provincial/municipal Communications
and Transport (Public Works) Services.
The car terminals are authorized by State
management bodies to perform a number of following tasks:
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+ Examining procedures, papers concerning the
means and drivers according to the current regulations as they are operating at
the terminals.
+ Directly settling preference policies for
eligible passengers according to the regulations of the State and the Ministry
of Communications and Transport.
14.2. The rights of car terminals:
- Car terminals are entitled to sign contracts
with transport units which are fully qualified for lawful transport business
activities and permitted by the State management bodies. If authorized by
transport units, car terminals may sign on their behalf contracts with other
car terminals.
A contract includes the basic commitments
between a car terminal and a transport unit in the following aspects: ensuring
the service, running hours, quality of means, the passenger fares, terminal
service charges, mode of ticket sale, measures to attract passengers, order and
hygiene, terminal employees’ working conducts, etc.
Contracts shall also prescribe conditions for
commendation and administrative as well as economic sanctions between signing
parties.
The above-mentioned contracts shall only apply
to terminals with legal person status and independent operation. A contract
shall be valid for one year. Sixty days before the expiry of a contract, if the
two parties do not make written request to change the contract, the contract
shall automatically be valid for another year.
- To certify with signature the departure time
for transport means.
- The car terminals may deny the entry of cars
for passengers loading, which fail to meet the services qualifications or the
drivers of which have breached the rules and regulations on service of
passengers.
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- Car terminals may request other transport
units to arrange cars for running in replacement of broken ones or those which
are not up to the technical conditions or the drivers of which breach the car
terminals’ regulations.
Article 15.-
- Car terminals shall
organize the ticket sale in different forms so as to ensure convenience for
passengers (such as selling tickets right at the terminals, selling tickets at
population quarters, selling tickets through telephones, home delivery of
tickets and pick up passengers to car terminals).
- Transport units may organize ticket-selling
places in different areas after they are approved by the provincial/municipal
Communications and Transport (Public Works) Services. The car terminals shall
have to guide the passengers with tickets sold by transport units into the car
terminals.
- Ticket-selling places outside the car terminals
(organized by the car terminals themselves or transport units) must be provided
with information on the car terminals for general management and arrangement of
transport means.
Article 16.- The
process of a car terminal’s operation
The car terminal’s operations include two
following major processes:
16.1. Process 1: Cars enter the terminals to
release passengers
- Guiding the cars into the prescribed places
for the release of passengers.
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- Organizing the unloading of cargoes, luggage
and baggage for the passengers.
- Taking or returning baggage (if any).
- Carrying out the procedures for connected trip
registration (if the passengers are on inter-provincial journeys).
- Guiding cars into places for car cleaning and
technical safety inspection.
- Guiding cars to awaiting places.
16.2. Process 2: Cars depart the terminals
- Carrying out procedures for cars to register
their terminal entry for passenger loading.
- Guiding passengers to enter for ticket
purchase; selling tickets to passengers (including their luggage and cargoes)
and passengers with tickets for connected trips who wish the arrange the
connection at the terminals.
- Guiding drivers to drive their cars into place
for passenger loading.
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- Making the transport dossiers with signature
and seal to certify the departure time of cars.
Article 17.- Car
terminals’ revenues and expenditures.
17.1. The car terminals revenues shall include:
- Revenue from the sale of tickets: with
percentage deduction from the total number of sold tickets with regard to cars
departing the terminals.
- Fees for cars entering and leaving the
terminals.
- Charges for protection of cars parking
overnight in the terminals.
- Charges for loading and unloading,
preservation and delivery of luggage and baggage (including bicycles and
motorbikes).
- Charges for other services such as gasoline
supply, technical maintenance, food catering and accommodation for car drivers
and their assistants (if any).
- Other revenues.
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17.2. Car terminals’ expenditures:
The expenditures and the levels thereof shall
comply with the current law provisions.
Chapter IV
ESTABLISHMENT AND
DISSOLUTION OF CAR TERMINALS
Article 18.-
Establishment and dissolution of car terminals
18.1. The establishment of car terminals.
The car terminals must be constructed in strict accordance
with the planning already ratified by competent levels. If they are not
included in the planning, their addition shall be made and submitted to the
competent levels for ratification. The dossiers thereon shall be compiled by
the units and evaluated by the provincial/municipal Communications and
Transport (Public Works) Services which shall submit them to the
provincial/municipal People’s Committees for decision in accordance with the
current law provisions on investment and construction management;
The dossiers on the establishment of a new car
terminal shall include:
- The written application for the establishment
of the car terminal.
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+ The data on the basic survey of the
passengers’ demand for movement and the volume of transport means operating
through the car terminal.
+ The data on capital and source of investment
capital.
+ The plan for organization, running and
management of the operations of the car terminal.
- The project on the design and construction of
the car terminal.
- The certificate of the right to use the land
in the area where the car terminal is going to be established.
- The car terminal’s organization and operation
charter.
- The decision on the establishment of the
enterprise and the business registration certificate.
Upon the completion of the construction of a new
car terminal, the provincial/municipal Communications and Transport (Public
Works) Services shall notify 15 days in advance (through mass media) the
relevant transport units and people thereof.
18.2. Dissolution of car terminals
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When the decision on the dissolution of such car
terminal is available, the car terminal-managing unit shall carry out the
necessary procedures according to the current regulations and notify 15 days in
advance (through mass media) the relevant transport units and people thereof.
Basing themselves on Article 13, the
provincial/municipal Communications and Transport (Public Works) Services shall
inspect the operating car terminals according to the conditions and criteria
prescribed for car terminals.
Chapter V
INSPECTION AND HANDLING
OF VIOLATIONS
Article 19.- The
provincial/municipal Communications and Transport (Public Works) Services shall
base themselves on this Regulation to coordinate with the administration at all
levels and relevant functional bodies in conducting regular inspections and
handling administrative violations by car terminals which have been established
in contravention of the provisions of this Regulation.
The provincial/municipal Communications and
Transport (Public Works) Services shall direct the traffic inspection forces to
inspect the car parking and picking up passengers outside the terminals and the
order for departure of means at parking points and in the car terminals.
Article 20.- All
inspections of means, drivers, passengers, luggage and/or baggage must be
carried out at the car terminals (before the departure time). In case of
necessity to hold a car and its driver, the car terminal shall have to notify
the passengers thereof and arrange their rests and waiting. If the time is
longer than 60 minutes the manager of the car terminal shall have to arrange
another cars for the passengers who have bought tickets for travel on the
designated routes.
Those parties which delay this and cause loss
shall have to bear all arising costs.
Article 21.- All
violations of this regulation and other regulations relating to the car
terminals shall be handled according to the current law provisions.
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FOR THE MINISTER OF
COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Dao Dinh Binh