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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
93/2012/ND-CP
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Hanoi,
November 08, 2012
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE
NO.91/2009/ND-CP, OF OCTOBER 21, 2009 ON ROAD TRANSPORT BUSINESS AND BUSINESS
CONDITIONS
Pursuant to the Law on Government
organization of December 25, 2001;
Pursuant to the Law on Road
traffic of November 13, 2008;
Pursuant to the Law on
cooperatives of November 26, 2003;
Pursuant to the Commercial Law of
June 14, 2005;
Pursuant to the Law on tourism, of
June 14, 2005;
Pursuant to the Law on Enterprise,
of November 29, 2005;
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Government promulgates Decree
amending and supplementing a number of articles of the Government’s Decree
No.91/2009/ND-CP, of October 21, 2009 on road transport business and business
conditions,
Article 1. To amend and supplement
a number of articles of the Government’s Decree No.91/2009/ND-CP, of October
21, 2009 on road transport business and business conditions as follows:
1. To amend point c, clause 3 Article
4 as follows:
“c) Approving the opening of routes,
exploitation on routes, addition or
suspension of operation of means of transport.”
2. To amend point d, clause 4 Article
4 as follows:
“d) Route management agencies shall
decide: to increase the number of enterprises, cooperatives operating on a
route when the average coefficient of passengers (departing from two terminals)
on the route reaches over 50%; to increase the frequency of means of transport
on a route of operating enterprises, cooperatives when the average coefficient
of passengers (departing from two terminals) on the route reaches over 50%.”
3. To amend point b, clause 4 Article
11 as follows:
“b) Business units shall arrange
adequate drivers and attendants in conformity with their business plans and
regulations of law; passenger cars of 30 or more seats must have attendants onboard
(except for contractual cars servicing in carrying workers going for work in
industrial zones, carrying pupils and students going to the school).”
4. To amend point b, clause 2 Article
12 as follows:
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5. To amend clause 4 Article 15 as
follows:
“4. On taxis must
be installed with meters for fare calculation by kilometers traveled and
waiting duration, which are inspected and lead-sealed by a competent
measurement agency; enterprises, cooperatives must register to decorate by
painting uniformity typical colors on background of color registered of means
of transport (not coinciding with colors painted for decoration which have been
registered prior by other enterprises, cooperatives) and with logos and
telephone numbers on means of transport of enterprises or cooperatives.
In case central-affiliated cities provided colors to paint for taxis,
enterprises and cooperatives must implement in according to colors as
prescribed by cities.”
6. To amend clause 2 Article 16 as
follows:
“2. The useful life of contracted cars
must comply with Clause 2, Article 13 of this Decree.”
7. To amend clause 4 Article 18 as
follows:
“4. Means for passenger transport on
fixed routes, passenger transport under contracts, or passenger transport by
taxi, cargo container transport must be affixed with
insignias. Means for tourist transport must be affixed with signboards.”
8. To amend Article 19 as follows:
“Article 19. Dossiers of
application for licenses
1. For enterprises and cooperatives:
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b) An
authenticated copy of the business registration certificate;
c) Authenticated copies of diplomas
and certificates of persons directly administering the transportation;
d) The business plan;
e) For enterprises and cooperatives
doing business in passenger transport on fixed routes, by bus or by taxi, apart
from the documents specified at Points a, b, c and d, Clause 1, Article 19,
must add: the documents defining the functions and tasks of the traffic safety-
monitoring sections, transport service quality registration (units which have
applied the ISO standard-based quality management system shall submit copies of
the certificates);
For enterprises and cooperatives
doing business in cargo container transport, it must add the document defining
the functions and tasks of the traffic safety monitoring section.
2. For business households:
a) An application for a license (or
application for change of the details of the license), made according to a form
promulgated by the Ministry of Transport;
b) A authenticated copy of the
business registration certificate.”
9. To amend clause 1 Article 20 as
follows:
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a/ Dossiers of application for
licenses (01 set) may be sent by mail or submitted in person by representatives
of business units to licensing agencies, which will receive the dossiers and
issue receipts to the submitters;
b/ If the dossiers received by mail
are incomplete or invalid, the licensing agencies shall clearly notify the
contents to be supplemented or modified within 03 working days after the
receipt thereof; for dossiers directly received, the dossier recipients shall
check them and clearly notify the submitters of contents to be supplemented or
modified.”
10. To amend and supplement Article
21 as follows:
“Article 21. Revocation, depriving the right to use licenses
1. Business units may have their
licenses revoked when violating one of the following circumstances:
a) Being detected to have
deliberately inserted falsified information into the dossiers of application
for licenses;
b) Failing to conduct transport
business within 06 (six) months after obtaining the license or ceasing
transport business for 06 (six) consecutive months;
c) Conducting business improperly
with the details of the licenses;
d) Going bankrupt or being dissolved.
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3. The licensing agencies shall
revoke, deprive right to use the licenses they have issued and implement in the
following order:
a) Issuing decisions on withdrawal or
deprivation of licenses;
b) Notifying decisions on withdrawal
or deprivation of licenses to route management agencies;
c) When route management agencies
issue decisions on withdrawal or deprivation of licenses, the granted licenses
of transport business units shall be invalid, business units must return them
to the agencies which have issued them.”
11. To supplement clause 3 Article 27
as follows:
“3. Planning to develop passenger
transport by taxi; defining number of taxis in conformity with traffic
condition. The central-affiliated cities are allowed to stipulate colors to
paint taxis of enterprises, cooperatives in their localities.”
12. To amend clause 2 Article 29 as
follows:
“2. Buses operating before the
effective date of this Decree but failing to meet the requirements defined in
Clause 2, Article 14 of the Government’s Decree No.91/2009/ND-CP, of October
21, 2009 on road transport business and business conditions, may operate until
the end of their prescribed life as prescribed.”
Article 2. Effect and
responsibility for implementation
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2. The Ministry of Transport shall
coordinate with relevant ministries, branches to guide implementation of this
Decree.
3. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, the President of
the People’s Committee shall implement this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung