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THE MINISTRY OF TRANSPORT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 18/2024/TT-BGTVT
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Hanoi, May 31, 2024
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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