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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
92/2001/ND-CP
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Hanoi,
December 11, 2001
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DECREE
ON BUSINESS
CONDITIONS FOR AUTOMOBILE TRANSPORTATION
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law on State Enterprises of April 20, 1995;
Pursuant to the Law on Cooperatives of March 20, 1996;
Pursuant to Law No.13/1999/QH10 on Enterprises of June 12, 1999;
Pursuant to Law No.26/2001/QH10 on Land Road Traffic of June 29, 2001;
At the proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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Article 2.- Objects of
application
1. This Decree applies to all organizations and
individuals dealing in the automobile transportation on the Vietnamese
territory.
2. In cases where an international treaty
concerning the automobile transportation business, which Vietnam has signed or
acceded to, contains provisions different from those of this Decree, such
international treaty’s provisions shall apply.
Article 3.- Conditional
automobile transportation business lines
Conditional automobile transportation business
includes the following lines:
1. Passenger transportation along fixed routes;
2. Passenger transportation by bus;
3. Passenger transportation by taxi;
4. Passenger transportation under contracts;
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Article 4.- Term
interpretation
In this Decree, the following expressions shall
be construed as follows:
1. "Automobile transportation
business" means the use of automobiles to transport passengers and cargoes
with the collection of fare and freight.
2. "Passenger transportation along fixed
routes" means business transportation of passengers by automobiles along
routes with definite terminals of departure and terminals of arrival, and
automobiles shall run according to the prescribed schedules and itineraries.
3. "Passenger transportation by bus"
means business transportation of passengers by buses along fixed routes within
inner cities and provincial towns and outskirts thereof, with definite stops
for passenger embarkation and disembarkation, and buses shall run according to
the operation charts.
4. "Passenger transportation by taxi"
means business transportation by taxis not along fixed routes, with running
time and itineraries at the customers requests, and fare calculated according
to the taxi meters.
5. "Passenger transportation under
contracts" means business automobile transportation not along fixed routes
and conducted under transportation contracts signed between transport hirers
and carriers.
6. "Cargo transportation" means the
use of automobiles to transport cargoes with the collection of freight.
Chapter II
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Article 5.- General
business conditions for automobile transportation
Organizations and individuals wishing to be
engaged in automobile transportation business must fully meet the following
conditions:
1. They have business registrations for
production and business lines specified in Article 3 of this Decree;
2. Automobiles used in transport activities must
satisfy the motorized vehicles conditions for participation in traffic as
prescribed in Article 48 of the Land Road Traffic Law and shall be used within
the use duration prescribed in this Decree;
3. Automobiles must be inscribed with names or
appellations of transport business organizations and/or individuals on their
doors;
4. They must register fare and/or freight rates
with the local price managing bodies under the guidance of the Ministry of
Communications and Transport and the Government Pricing Committee, publicly
post up and observe the already registered fare and/or freight rates. Fare
rates applicable to passenger transportation by bus shall be prescribed by the
presidents of the provincial-level People’s Committees.
Article 6.- Business
conditions for passenger transportation along fixed routes
Those wishing to deal in passenger
transportation along fixed routes must fully meet the following conditions:
1. They must fully meet the conditions
prescribed in Article 5 of this Decree;
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3. They have registered with the specialized
State management agencies in charge of communications and transport according
to the regulations of the Ministry of Communications and Transport;
4. Their automobiles have use durations not
exceeding the following limits:
a/ For transport distances of over 300 km:
- 15 years or less for automobiles manufactured
for passenger transportation;
- 12 years or less for automobiles of other
types converted into passenger cars before January 1, 2002.
b/ For transport distances of 300 km or less:
- 20 years or less for automobiles manufactured
for passenger transportation;
- 17 years or less for automobiles of other
types converted into passenger cars before January 1, 2002.
Article 7.- Business
conditions for passenger transportation by bus
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1. They must fully meet the conditions
prescribed in Article 5 of this Decree;
2. They have made registration with local
communications and transport management bodies;
3. Their buses must have 17 seats or more and a
floor area for standing passengers according to the Vietnamese standards - TCVN
4461-87;
4. Their buses have use durations as prescribed
at Point b, Clause 4, Article 6 of this Decree;
5. They observe fare rates decided by presidents
of provincial-level People’s Committees.
Article 8.- Business
conditions for passenger transportation by taxi
Organizations and individuals wishing to deal in
passenger transportation by taxi must fully meet the following conditions:
1. They must fully meet the conditions
prescribed in Article 5 of this Decree;
2. Their taxis have 8 seats or less (including
driver’s seat), a meter indicating payable fare calculated according to the
running distance in kilometers and a "Taxi" or "Meter Taxi"
light box on taxi roof;
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4. They have registered their taxis paint
colors, their enterprises logos and contact telephone numbers;
5. Their taxi drivers must be provided with
training in public communication skills and passenger transportation service
and granted certificates thereof by Vietnam Automobile Transportation
Association.
Article 9.- Business
conditions for passenger transportation under contracts
Organizations and individuals wishing to deal in
passenger transportation under contracts must fully meet the following
conditions:
1. They must fully meet the conditions
prescribed in Article 5 of this Decree;
2. When their automobiles are in operation,
there must be written transport contracts which clearly state time, place of
departure, place of destination, number of passengers, fare or freight rate and
route;
3. Their automobiles have use durations as
prescribed in Clause 4, Article 6 of this Decree;
4. In the course of transportation, there must
be "contracted automobile" signboard put up on windshield.
Article 10.- Business
conditions for cargo transportation
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1. They must fully meet the conditions
prescribed in Clauses 1, 3 and 4, Article 5 of this Decree;
2. Automobiles used to transport cargoes must
satisfy the motorized vehicles conditions for participation in traffic,
prescribed in Article 48 of the Land Road Traffic Law;
3. They must have automobiles capable of meeting
preservation and/or transportation requirements when entering into contracts
for transport of super-length, super-weight or hazardous cargoes.
Chapter III
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS
ENGAGED IN AUTOMOBILE TRANSPORTATION BUSINESS
Article 11.-
Responsibilities of organizations and individuals engaged in automobile
passenger transportation business
Organizations and individuals engaged in
automobile passenger transportation business shall have to:
1. Observe the land road passenger
transportation regulation and the regulations on ensuring order and safety of
land road communications and transport;
2. Observe the reporting and statistical regimes
and fulfill other obligations prescribed by law;
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a/ Arrange enough automobiles for transportation
along the already registered routes;
b/ Strictly observe schedule and itinerary on
each route;
c/ Send their automobiles to embark and
disembark passengers at already announced terminals and en-route stops.
Article 12.-
Responsibilities of organizations and individuals dealing in automobile cargo
transportation
Organizations and individuals wishing to deal in
automobile cargo transportation shall have to:
1. Observe the land road cargo transportation
regulation and the regulations on ensuring order and safety of land road
communications and transport;
2. Observe the specific regulations on
transport, loading, unloading and preservation of hazardous, super-length and
super-weight cargoes;
3. Observe the reporting and statistical regimes
and fulfill other obligations prescribed by law.
Chapter IV
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Article 13.- Examination
and inspection of automobile transportation business activities
1. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the provincial-level People’s Committees
shall, within the scope of their respective functions and tasks, have to
organize examinations, inspections and handling of violations.
2. Examination and inspection shall cover the
observance of the provisions of this Decree and other relevant law provisions
concerning transportation by those engaged in the lines specified in Article 3
of this Decree.
3. The examination and inspection of
organizations and individuals engaged in automobile transportation business
must be conducted in compliance with the current law provisions.
Article 14.- Complaints
and denunciations
Organizations and individuals dealing in the
production and business lines specified in Article 3 of this Decree may lodge
complaints and/or denunciations to the competent authorities or initiate
lawsuits at courts according to law provisions against State agencies and/or
individuals that commit acts of violating the provisions of this Decree and
relevant law provisions.
Article 15.- Handling of
violations
Organizations and individuals that violate the
provisions of this Decree shall, depending on the nature and seriousness of
their violations, be disciplined, administratively sanctioned or examined for
penal liability. If damage is caused, compensations therefor must be made
according to law provisions.
Chapter V
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Article 16.-
Implementation effect
1. This Decree takes effect 15 days after its
promulgation. All previous stipulations which are contrary to the provisions of
this Decree are hereby annulled.
2. Organizations and individuals currently
engaged in the business lines specified in Article 3 of this Decree shall have
to fully meet the prescribed business conditions within 120 days after this
Decree takes effect.
Article 17.-
Implementation responsibilities
1. The Minister of Communications and Transport
shall study and formulate mechanisms and policies to support and encourage
enterprises to invest in transport means to operate on transport routes in
mountainous, deep-lying and remote regions, as well as passenger transportation
by bus, then submit them to the Prime Minister for decision.
2. The Minister of Communications and Transport
shall guide the implementation of this Decree.
3. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s Committees of the provinces and
centrally-run cities and the concerned organizations and individuals shall have
to implement this Decree.
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