Thông tư 18/2024/TT-BGTVT sửa đổi Thông tư 12/2020/TT-BGTVT quy định về tổ chức, quản lý hoạt động vận tải bằng xe ô tô và dịch vụ hỗ trợ vận tải đường bộ do Bộ trưởng Bộ Giao thông vận tải ban hành

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF THE CIRCULAR NO. 12/2020/TT-BGTVT DATED MAY 29, 2020 OF THE MINISTER OF TRANSPORT ON ORGANIZATION AND MANAGEMENT OF AUTO TRANSPORT OPERATIONS AND SUPPORTING SERVICES FOR ROAD TRANSPORT

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 10/2020/ND-CP dated January 17, 2020 on auto transport business and conditions for auto transport business;

Pursuant to the Government’s Decree No. 47/2022/ND-CP dated July 19, 2022 on amendments to some Articles of the Government’s Decree No. 10/2020/ND-CP dated January 17, 2020 on auto transport business and conditions for auto transport business;

Pursuant to the Government’s Decree No. 41/2024/ND-CP dated April 16, 2024 on amendments to some Articles of Decrees pertaining to management of automobile transportation, automobile driver training services, and driving test services;

At the request of the Director of the Department of Transport and the Director of the Directorate for Roads of Vietnam;

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Article 1. Amendments to some Articles of the Circular No. 12/2020/TT-BGTVT dated May 29, 2020 of the Minister of Transport on organization and management of auto transport operations and supporting services for road transport (hereinafter referred to as “the Circular No. 12/2020/TT-BGTVT”) and the Circular No. 05/2023/TT-BGTVT dated April 27, 2023 of the Minister of Transport on amendments to some Articles of Circulars related to road transport, supporting services for road transport, vehicles and drivers (hereinafter referred to as “the Circular No. 05/2023/TT-BGTVT”)

1. Clause 5 is added to Article 10 of the Circular No. 12/2020/TT-BGTVT as follows:

“5. Each Department of Transport shall exploit and use data from the software of the Directorate for Roads of Vietnam to serve state management of transport; notify the Directorate for Roads of Vietnam of unusual data or when it is needed to re-check information.”.

2. Clause 1 Article 12 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) is amended and clause 4 is added to Article 12 of the Circular No. 12/2020/TT-BGTVT as follows:

a) Clause 1 Article 12 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) is amended as follows:

“1. Monitor, exploit and use data from the software of the Directorate for Roads of Vietnam or of local transport businesses to serve state management, inspection and imposition of penalties for regulations on transport business within provinces.”;

b) Clause 4 is added to Article 12 of the Circular No. 12/2020/TT-BGTVT as follows:

“4. Keep confidentiality of usernames and passwords for access to and information and data from the software of the Directorate for Roads of Vietnam as prescribed.”.

3. Clauses 3 and 4 Article 22 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) are amended as follows:

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“3. The Department of Transport shall use software of the Ministry of Transport to establish, adjust or add intra-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 submit a report thereon to the Directorate for Roads of Vietnam for consolidation and announcement.

Before April 30, each Department of Transport of the province or central-affiliated city shall announce a list of intra-provincial fixed route networks; the Directorate for Roads of Vietnam shall announce a list of inter-provincial fixed route networks.”;

b) Clause 4 Article 22 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) is amended as follows:

“4. The Department of Transport (in the case of intra-provincial routes) and Departments of Transport where the ends of each fixed route are respectively located (in the case of inter-provincial routes) shall post 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.”.

4. Chapter VI of the Circular No. 12/2020/TT-BGTVT is renamed as follows:

“Chapter VI

REGULATIONS ON PROVISION, MANAGEMENT AND USE OF INFORMATION ON VEHICLES ENTERING AND LEAVING BUS STATIONS”.

5. Clause 4 Article 51 of the Circular No. 12/2020/TT-BGTVT is amended as follows:

“4. Regulations on provision of information on vehicles entering and leaving a bus station:

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b) The information specified in point a of this clause shall be continuously provided to the software of the Directorate for Roads of Vietnam within 03 minutes from the departure.”.

6. Clause 3 Article 52 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) is amended as follows:

“3. Supervise and operate the system; exploit and use data on the software of the Directorate for Roads of Vietnam upon inspecting transport activities in localities; facilitate the management of transport activities, maintenance of security, traffic order and safety, taxation and anti-smuggling by competent authorities as requested in writing.”.

7. Clause 6 Article 54 of the Circular No. 12/2020/TT-BGTVT is amended as follows:

“6. Transport businesses and bus station operators shall 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.”.

8. Point a clause 3 Article 56 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) is amended as follows:

“a) Run station management software and information specified in clause 4 Article 51 hereof to the software of the Directorate for Roads of Vietnam. Data must be transmitted adequately and accurately, must not be altered or falsified before, during and after transmission;”.

9. Points a and b clause 6 Article 62 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) are amended as follows:

a) Point a Article 62 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) is amended as follows:

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b) Point b Article 62 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) is amended as follows:

“b) Preside over designing nationwide fixed route management software and nationwide station management software;”.

Article 2. Repealing and replacing some phrases, points, clauses and Articles of the Circular No. 12/2020/TT-BGTVT

1. The phrase “có phản quang” (“reflective”) in the Appendices 4, 5, 7, 8, 9, 10, 11, 12, 15, 16 and 17 to the Circular No. 12/2020/TT-BGTVT is repealed.

2. The phrase “điểm d khoản 4 Điều 51” (“point d clause 4 Article 51”) in clause 2 Article 50 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) is replaced with the phrase “điểm b khoản 4 Điều 51” (“point b clause 4 Article 51”).

3. Point b clause 2 Article 30; point b clause 4 Article 38 of the Circular No. 12/2020/TT-BGTVT are repealed.

4. Clause 5 Article 22; clauses 2 and 3 Article 51, clause 3 Article 62 of the Circular No. 12/2020/TT-BGTVT (amended by point a clause 1 Article 17 of the Circular No. 05/2023/TT-BGTVT) are repealed.

Article 3. Implementation clause

1. This Circular comes into force from July 15, 2024.

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PP. THE MINISTER
THE DEPUTY MINISTER




Nguyen Duy Lam