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PEOPLE’S
COMMITTEE OF HANOI CITY
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
71/2004/QD-UB
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Hanoi, May 14,
2004
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DECISION
Of CITY PEOPLE'S COMMITTEE ISSUING INTERIM REGULATIONS FOR
SHIPPING COMPANIES JOINING IN THE PUBLIC TRANSPORTATION OF PASSENGERS BY BUS IN
HANOI CITY
HANOI CITY PEOPLE'S COMMITTEE
Pursuant to the Law on Organization of
People's Councils and People's Committees;
Pursuant to the Law on Road Traffic;
Pursuant to the Decree No.92/2001/ND-CP dated
11/12/2001 of the Government on the conditions of the automobile transport
business;
Pursuant to the Decree No.15/2003/ND-CP dated
19/2/2003 of the Government on sanction of administrative violations in road
traffic;
Pursuant to the Circular No.39/2003/TT-BTC
dated 29/4/2003 of the Ministry of Finance guiding the price subsidy mechanism
and settlement for urban buses;
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At the proposal of the Director of the
Department of Transport and Public Works in the Statement No.321/TTr-GTCC dated
19/04/2004,
DECIDES
Article I: To promulgate together with this Decision the "INTERIM
Regulations for transport enterprises engaged in public passenger transport by
bus in the area of Hanoi city"
Article II: This Decision takes effect 15 days from its signing date.
Article III: Office chief of the city People's Council and People's
Committee; Director of the Departments: Transport and Public Works, Finance,
Planning and Investment, directors, heads of departments, branches and
concerned units, the enterprises participating in public passenger transport by
bus are responsible for the implementation of this Decision./.
FOR HANOI
CITY PEOPLE’S COMMITTEE
FOR PRESIDENT
DEPUTY PRESIDENT
Do Hoang An
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FOR SHIPPING COMPANIES JOINING IN THE PUBLIC TRANSPORT OF
PASSENGERS BY BUS IN HANOI CITY
(Issued together with Decision No.71/2004/QD-UB dated May 14, 2004 of the
People's Committee of Hanoi City)
Chapter 1:
GENERAL PROVISIONS
Article 1. Objective
1. Develop rapidly, strongly system of public
passenger transport by bus to meet increasing travel demand of the people, to
ensure order and safety of urban transport in the Hanoi city.
2. Mobilize the resources in society to
participate in investment and development of public buses, to reduce investment
from the State budget.
3. Create healthy competition, continuously
improve service quality, lower transport costs, reduce bus subsidies for Hanoi.
Article 2. Subjects and
scope of application
1. This Regulation prescribes the standards,
rights and responsibilities of the shipping companies of all economic sectors,
while they are engaging in public passenger transport by bus (hereinafter
referred to as VTHKCC) in the Hanoi city.
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3. The routes invited the enterprises to
participate are the newly-opened lines of the development program of VTHKCC,
the overall plan of the Hanoi bus network approved by the People's Committee,
publicized by Hanoi Department of Transport and Public Works.
Article 3. Principles to
participate in:
1. When engaging in VTHKCC operation by bus, the
enterprises must meet the following principles:
a. Participate in the bidding.
b. Fulfill the criteria for standard bus service
according to the bidding documents and presented in detail in the contract; bus
service payment is under the economic contract signed.
2. Must fully implement the provisions of this
Regulation.
Chapter 2:
CONDITIONS OF
PARTICIPATION, RIGHTS AND RESPONSIBILITIES OF THE ENTERPRISES PARTICIPATING IN
PUBLIC TRANSPORTATION OF PASSENGERS BY BUS
Article 4. Conditions for
enterprises to participate in public passenger transport by bus
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2. The use year of bus must not exceed five (5)
years (age) from the date of manufacture, fully meet the Vietnamese standard
TCVN 4461-87 and detailed provisions in Article 48 of the Law on Road Transport
of the conditions to participate in traffic of motor vehicles; paint colors in
accordance with provisions of the Directive 262/CT-BGTVT dated 08/7/1996 of the
Minister of Transport.
3. Companies that engage in VTHKCC by bus have
to prove their experience, business capacity, the ability to provide standard
bus service, financial ability ... according to the contents specified in the
bidding documents.
Article 5. Responsibilities
of companies participating public passenger transport by bus
When participating in public passenger transport
by bus, the companies have the following responsibilities:
1. To provide standard bus service according to
the indicators of ordering bus lines in quantity and quality, with the specific
contents as follows:
a. Operation time on the line.
b. Frequency of driving in peak, off-peak,
normal hours of the day.
c. One-way driving time.
d. Total number of vehicle batches in one day.
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2. To comply with the mandatory provisions in
the bus operation including:
a. Clean-up of inside and outside of vehicles.
b. Tickets at the prescribed rates.
c. Departure time according to charts, safe
driving.
d. Driving according to the prescribed route.
e. Serving passengers attentively, politely and
civilized.
3. To be responsible for advertising and guiding
passengers to travel by bus; publicize fares, routes, route number, bus rules
and other relevant information for passengers.
4. To be responsible for regular inspection,
control of the quantity and quality of service on bus routes, strictly handling
violations according to the Regulation of the enterprise; to take active
measures to fight against loss of revenue, loss of tickets.
5. To implement cost accounting, payment,
settlement of products of VTHKCC by bus as prescribed in the Circular
No.06/TC/TCDN dated 24/12/1997 and the Circular No.39/2003/TT-BTC dated
29/4/2003 of the Ministry of Finance guiding the financial mechanism for the
companies of public passenger transport by buses in the urban areas.
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When participating public passenger transport by
buses, the companies have the following rights:
1. To be enjoyed preferential investment policy
in accordance with provisions of the law on encouragement of domestic
investment and the Decrees guiding the implementation.
2. To be considered after-investment interest
rate support under the guidance of Circular No.51/2001/TT-BTC dated 28/6/2001
of the Ministry of Finance guiding the implementation of the Decision
No.58/2001/QD-TTg dated 24/4/2001 of the Prime Minister on after-investment
interest rate support (if the enterprises borrow capital to invest), Circular
No.39/2003/TT/BTC dated 29/4/2003 of the Ministry of Finance on the financial
mechanism for VTHKCC enterprises by bus.
3. To be used free of charge infrastructure
system of bus lines including: loading places, shelters, road reserved for
buses, parking at first and last places of bus line.
4. To be considered for lease of land used for
office purposes, factories, parking lots and to be enjoyed the preferential
policies on land levy in accordance with the law provisions.
5. To be participated in research, transfer of
city, state-level research themes related to public passenger transport by bus;
to be assisted and transferred technology of innovative public passenger
transport by bus according to the programs sponsored by domestic and abroad
organizations and individuals.
6. To be operated stably on lines for at least 3
years in case of winning bus bidding. And the contract will be signed
continuously if the contractor performed well on service quality and reduces
costs.
Chapter 3:
PROCESS OF BIDDING
PARTICIPATION
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1. The criteria for the evaluation of bids:
a. Having means consistent with bus lines launched
for bidding
b. Having capacity of operation, maintenance of
facilities, management of bus business, operation to meet the requirements on
standard bus service as specified in the bidding documents.
c. Having capacity of finance to maintain bus operation
(represented by corporate capital and a healthy financial statement of latest 3
years).
d. Having parking area (Deport) in accordance
with the bus line bidden:
2. Contractor selection mode: open bidding.
- Method of Procurement: 1 package of dossier
- Type of contract: package contract.
3. Each bus line is one bidding package, each
package is only selected as a successful bidder.
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- Cost for buying bidding dossier: 300,000
VND/set.
- Cost for guaranteeing bidding: 30 million VND
5. Time for selling bidding dossier: 5 days
(excluding holidays and Sunday)
6. Time to prepare bidding dossier: 30 days from
the date of sale of bidding dossier.
Article 8. The order of
participation:
A. Bidding dossier
1. Agency calling for bid is responsible for
providing the bidders with specific content of bidding dossier including:
a. Invitation for bid
b. Form of application for bid
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d. The general and specific conditions to sign
contract
e. Performance progress
f. Appendix of the detailed technical and
economic indicators
The Contractor shall review all instructions,
forms, terms and conditions, standards in the bidding dossiers. A certain
tendering dossier that does not meet the basic requirements in the bidding
dossier will be rejected.
2. Contractors wishing to be explained more for
bidding dossier, management and administration center of urban traffic admit
mandate of the Director of Department of
Transport and Public Works shall explain in
writing within 05 days from the date of purchase of bidding dossier.
3. Party calling for bid can adjust, extend the
deadline for submission, addition of bidding dossier by notice prior to tender
closing time.
4. The tender price is the lowest cost of
running bus (transportation cost) for the bus line calling for bid for a period
of 3 years, then counting the offset value. A certain bidder has the lowest
offset value will be selected as the bid winner.
B. Preparation of tendering dossier
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a. The contents of experience, capacity:
- Valid tender application (must be signed by
the competent person)
- A notarized copy of the decision of enterprise
establishment.
- A notarized copy of the business registration
certificate.
- Documents proving the legal entity status,
capacity of experience of the bidders to demonstrate that the bidders are
eligible to attend the bid, and capacity to perform the contracts if their bids
are accepted.
Tendering guarantee: Must complete the requirements
in accordance with the form in the bidding dossier and must be signed and
stamped by the legal representative of the bank.
b. The technical contents:
- Prove the provision of standard bus service.
- Prove the ability to provide standard bus
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- Prove the ability to repair and maintain
vehicles
c. The financial contents:
- Ability on finance
- Ability of payment
- The ability to make progress in the bid
package
d. Bid Price:
- Calculation table of the lowest bus
transportation costs within 03 years.
- The highest expected revenue.
C. Submission of tendering dossier
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The center of management and operation of urban
traffic shall publish the invitation for bid, bid submission time on the Hanoi
Moi newspaper (5 consecutive issues), on Hanoi radio and television in 5
consecutive days, proceed to receive the tendering dossiers, the bid guarantee
and conduct the keeping of tendering dossiers by the security regime.
Tendering dossier may be modified or withdrawn
during the time of not yet closing bid. But the withdrawal of tendering dossier
will be loosen money from tendering guarantee.
D. Bid opening and evaluation of tendering
dossiers
1. Director of the Department of Transport and
Public Works approves:
- Bid Plan
- The tendering dossier
- The standards for evaluation of tendering
dossier
- The team of experts, counseling of bid review.
- Successful bidders
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3. The evaluation of tendering dossier shall
comply with the following orders:
a. Preliminary evaluation: Inspect the validity
and clarify the content of tendering dossier and removing dossiers not being guaranteed
as stipulated in the bidding dossier.
b. Detailed evaluation of tendering dossier in
accordance with approved standards, a certain bidder meeting the standards,
having the lowest offset value will be chosen as bid winner.
Article 9. Signing of contract
After having bid winning decision of the
Department of Transport and Public Works, the party calling for bid will invite
the winning bidder to complete and exchange contract according to the following
steps:
- Notice of handing over contract: if 30 days
from the date of receiving notice, the winning bidder does not remit a
guarantee for performance of the contract, they shall be considered as rejected
to sign contract and shall not be got back the amount of bid guarantee.
- Amount of guaranteeing performance of contract
for the bid package is: 200 million VND
- Form of guaranteeing performance of contract:
bank guarantee.
- The validity of the contract guarantee: is the
time that contractor operates the bid-winning bus line.
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- Time limit for implementation: After 60 days
from the signing date of the contract, the contractor must operate the bus line
won bid, if it is slow to operate, it is considered as refused performance of
the contract and shall be fined according to the signed contract.
Chapter 4:
RESPONSIBILITIES OF
STATE MANAGEMENT AGENCIES
Article 10. Responsibility
of the Department of Transport and Public Works
1. To make planning and plan to develop system
of public passenger transport by bus, the bus line network, the infrastructure
system (the departure and the arrival, stop, transfer stations, shelters and
other concerned items) every year and each period to submit the municipal
People's Committee for approval.
2. To publicize development planning of system
of public passenger transport by bus; bus line network; annual bus service
standard indicators to the public passenger transport companies by bus and
conclude economic contracts for procurement of public buses with the companies
in accordance with current regulations and conduct implementation.
3. To make technical and economic norms for bus
activities in the area to submit to the City People's Committee for issue.
4. Procurement organization
5. To sign printing contract, organize issue,
and issue legal documents on management, settlement of bus tickets with bus
operating companies in accordance with the regulations of the Ministry of
Finance.
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Article 11.
Responsibilities of the Department of Planning and Investment
1. To synthesize to submit to the city People's
Committee the annual bus subsidy and public passenger transport plan (including
plan to buy public products), plans of investing, and maintaining
infrastructure network for bus line network.
2. To send officials to participate in the team
of consultants, bid evaluation.
Article 12.
Responsibilities of the Department of Finance
1. To submit to the City People's Committee for
reporting to the City People's Council for approving the plan and the annual
budget estimate, to pay VTHKCC products by bus through the State Treasury, as
prescribed by the Ministry of Finance.
2. Every year, to preside over and coordinate
with the Department of Transport and Public Works to inspect the settlement of
public-utility works of public passenger transport by bus and make record of
cost subsidies and make payment of bus products in year for the enterprises.
3. To send officials to participate in the team
of consultants, bid evaluation.
Chapter 5:
EXAMINATION AND
TREATMENT
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1. Force of public works, traffic inspection, the
team of inspection, monitoring of bus at the Center of Management and operation
of urban transport are responsible for examining, inspecting and handling
violations in accordance with law provisions.
2. Content of examination, inspection includes
the execution of this interim Regulation, the regulations on urban traffic
order and safety, economic contracts signed on the participation of VTHKCC by
bus and the provisions of law relating to the operation of public passenger
transport by bus, as prescribed by law. All violations detected must be handled
promptly.
3. Force of public works, traffic inspectors,
staffs of inspection, monitoring when being on duty have the behaviors:
a. Harassment, toleration, cover up, not
sanctioning or sanctioning untimely, not in compliance with rate of violations;
b. Sanction beyond their competence or not
following the order and procedures prescribed by law.
Will be handled in accordance with provisions of
the Ordinance on Officials and Public Servants.