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THE MINISTRY OF
TRANSPORT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.
09/2015/TT-BGTVT
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Hanoi, April 15,
2015
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CIRCULAR
REGULATIONS
ON PROVISION, MANAGEMENT AND USE OF DATA FROM VEHICLE TRACKING DEVICES
Pursuant to
the Law on Road traffic dated November 13, 2008;
Pursuant to
the Government’s Decree No. 107/2012/NĐ-CP dated December 20, 2012 defining the
functions, tasks, entitlements and organizational structure of the Ministry of
Transport;
Pursuant to
the Government’s Decree No. 86/2014/NĐ-CP dated September 10, 2014 regulating
business and conditions for business in car transportation;
Pursuant to the Government’s Decree No. 64/2007/NĐ-CP
dated April 10, 2007 applying information technology to activities of
regulatory agencies;
At the
request of General Director of Department of Science and Technology and General
Director of Directorate for Roads of Vietnam,
The Minister
of Transport promulgates the Circular regulating provision, management and use
of data from vehicle tracking devices.
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GENERAL PROVISIONS
Article 1. Governing scope
This Circular regulates provision, management and
use of data from vehicle tracking devices (hereinafter referred to as the
tracking device).
Article 2. Regulated entities
This Circular applies to transport businesses,
passenger and goods stations, vehicle tracking service providers and agencies,
organizations, and individuals in connection with provision, management and use
of data from the tracking device across the country.
Article 3. Interpretation of
terms
In this Circular, some terms are construed as
follows:
1. Information system means a collection of
hardware equipment, softwares and transmission lines for the reception,
management and exploitation of data from the tracking device.
2. Data mean a collection of structured information
transmitted from the tracking device to server and from server to Directorate
for Roads of Vietnam.
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4. Vehicle journey monitoring service providers
(hereinafter referred to as the service providers) mean the units performing
provision of services of management, exploitation, compilation, analysis and
storage of data from the tracking device under a contract with the transport
businesses.
Chapter II
PROVISION, MANAGEMENT
AND USE DATA FROM VEHICLE JOURNEY RECORDERS
Article 4. Provision of data
1. Requirements for provision of data: Data to be
provided are divided into two types including data identifiers and tracking
data.
a) Data identifiers include name of the transport
businesses, name of the Services of Transport (issuer of business license),
license plates; payload (number of passengers or quantity of goods permitted to
participate in traffic), type of business. This type of data is connected to
tracking data.
b) Driver’s license, speed, time and coordinates of
vehicles must be continuously updated to tracking data.
2. Data from the tracking device must be
transmitted to server with a frequency no more than 30 seconds/time when the
vehicle is in motion and no more than 15 minutes/time when the vehicle stops
working.
3. Data must fully accord with the structure as
prescribed in Appendix 1 hereof and must ensure the following requirements:
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b) Data from the tracking device transmitted
through server services to server of Directorate for Roads of Vietnam must
ensure sequence of time. In case the transmission line interrupts, both old and
new data shall be transmitted simultaneously when the
transmission line resumes;
c) Open standard application layer protocol
AMQP (Advanced Message Queuing Protocol); Message formats according to Protocol
Buffers;
4. Server service and
server of Directorate for Roads of Vietnam taking part in transmission and
reception of data from the tracking device must be synchronized with national
time according to NTP (Network Time Protocol).
5. Data must be provided in a timely and accurate
manner without amendments or falsifications before or during the transmission.
Article 5. Regulations on
determination of violation
1. Violations of speed, driver’s uninterrupted
period in motion, driver’s working period in a day, violations of data
transmission is calculated and determined according to the method commonly
agreed on server services and server of Directorate for Roads of Vietnam.
2. Calculations of violation of vehicle speed:
a) Method of calculating violation of vehicle speed
is instructed in accordance with Appendix 2 hereof;
b) Softwares of server shall calculate speed in
violation limit speed based on the traffic sign or limited speed areas
announced by road management agencies.
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a) Driver’s uninterrupted period in motion is
determined when the driver starts operating the vehicle (car starts to run)
until it stops for more than 15 minutes or changes driver.
b) Violation of driver’s uninterrupted period in
motion is determined when the driver drives the vehicle continuously from four
hours and more without stopping for a minimum of 15 minutes.
4. Calculations of violation of driver’s working
time in a day
a) Driver’s working day is determined when the
driver starts to run the vehicle until it reaches 24 hours or when the driver
takes a break for from 14 hours and over;
b) Driver’s working time is considered as violating
when total driving time in a working day exceeds 10 hours.
Article 6. Regulations on use
of data
1. Exploitation of data from the tracking device is
instructed in accordance with the Law on Application of Information Technology
to state agencies' activities.
2. Data from the tracking device is exploited and
used to serve the task of management by the transport businesses and state
agencies; to serve the task of handling of violation as instructed by the
Ministry of Transport; to serve scientific research and other tasks to ensure
traffic safety.
3. Information and data from the database of the
tracking device connected with electronic communication networks must be kept confidential
according to the Law on Information Technology.
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Chapter III
DECENTRALIZATION OF
MANAGEMENT AND RESPONSIBILITIES OF AGENCIES, UNITS
Article 7. Decentralization of
management, exploitation and use of data from the tracking device
1. Directorate for Roads of Vietnam shall manage
the information system ensuring uniformity across the country; compile input
data transmitted from the transport businesses or service providers for
analysis according to the following criteria:
a) Total number of violations by date;
b) Total number of violations by act of violation;
c) Total number of violations per 1,000 kilometers
by each vehicle, transport business and the Service of Transport;
d) Ratio of total kilometers in violation and total
kilometers of vehicle in motion (%);
dd) Compile vehicles that commit highest number of
violations of speed;
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g) Ratio of number of drivers in violation of
continuous driving period, driver’ working period in a day and number of days a
vehicle is in motion.
h) Number of times and period of no data
transmission by each transport business, the Service of Transport;
i) Compile situation of violations by route and
different points of time;
2. The Services of Transport shall carry out
exploitation and management of data on license plates, payload (number of
passengers or quantity of goods permitted to participate in traffic), name of
the transport business and other data on journey, speed, continuous driving
time, driver's working time in a day by each transport business under direct
management of the Services of Transport via a username and a password provided
to get access to the information system of Directorate for Roads of Vietnam.
3. Passenger and goods stations are provided
usernames to get access to the database of Directorate for Roads of Vietnam for
management of vehicles operating at the stations.
4. Authorized transport businesses or service
providers are provided usernames to get access to the database of Directorate
for Roads of Vietnam for comparison and verification of transmitted original
data.
Article 8. Responsibilities of
Directorate for Roads of Vietnam
1. Carry out investment and construction of
information system; manage, upgrade and maintain hardware equipment, softwares
and data transmission lines of the information system, exploit and use data
from the tracking device;
2. Develop softwares to receive, compile and
analyze data transmitted from transport businesses, service providers according
to Form as prescribed in Appendices from 3 to 21 hereof: Make warnings on the
Portal of Directorate for Roads of Vietnam as notifications to the units
operating the tracking device about no data being transmitted for from 30
minutes and over or about problems to the transmission line, or to the server
of Directorate for Roads of Vietnam;
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4. Provide usernames for data transmission to
transport businesses or service providers authorized; usernames for getting
access to the Portal of Directorate for Roads of Vietnam provided to units
under decentralization of management, exploitation and use as prescribed in
Article 7 hereof.
5. Provide guidance to transport businesses,
service providers on manner and process of transmission of data to Directorate
for Roads of Vietnam;
6. Exploit and use data from the tracking device on
the information system of Directorate for Roads of Vietnam to serve state
administration for activities of transportation, particularly as follows:
a) Manage, investigate and inspect activities of
transportation across the country;
b) Serve the task of investigation and handling of
traffic accidents at the request of competent agencies;
c) Assess compliance with regulations on activities
of transportation across the country by transport businesses and the Services
of Transport;
7. Provide guidance on use, updating, exploitation
and management of the information system from the tracking device to the
Services of Transport;
8. Arrange staff to monitor and operate the
information system to ensure continuity of operation during the exploitation
and use of data from the tracking device;
9. Store data on violations for at least three
years on the information system of Directorate for Roads of Vietnam; Ensure confidentiality
and safety of data on the information system.
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11. Handle or request competent authorities to
handle responsibilities of the Services of Transport, transport businesses and
relevant agencies and organizations as prescribed;
12. Announce data on coordinates, height of traffic
signs (for speed limit) on national and high-speed routes;
13. On a monthly basis, post data analyzed and
compiled on the Portal of Directorate for Roads of Vietnam; Make reports on a
quarterly, six-month and annual basis or at the request of the Ministry of
Transport on violations in transport business activities through data from the
tracking device and results of handling made by agencies and unit across the
country;
Article 9. Responsibilities of
the Services of Transport
1. Arrange staff to monitor, exploit and use data
from the tracking device on the information system of Directorate for Roads of
Vietnam, local transport businesses to serve the task of management including:
a) Manage, investigate and inspect activities of
transportation;
b) Monitor, correct and handle violations in
activities of transportation committed by transport businesses;
c) Assess compliance with regulations on transport
management by local transport businesses;
d) Investigate and handle traffic accidents at the
request of competent agencies;
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3. Ensure security of usernames and passwords to
get access to the information system, exploit and use data from the tracking
device on the information system of Directorate for Roads of Vietnam;
4. Request local transport businesses to carry out
handling acts of violation committed by drivers; monitor and speed up units to
report results of handling;
5. Handle or request competent authorities to
handle responsibilities of transport businesses in the administrative divisions
as prescribed;
6. Handle responsibilities of organizations and
individuals for provision, management and use of data from the tracking device;
7. Announce data on coordinates, directions of
traffic signs on routes of local management on the Portal of the Services of
Transport;
8. Make reports on a quarterly, six-month and
annual basis or at the request of Directorate for Roads of Vietnam on
violations and results of handling made by localities and transport businesses
in the administrative division;
Article 10. Responsibilities
of transport businesses
1. Invest, maintain hardware equipment, softwares
and data transmission lines located at their own offices ensuring compatibility
with data reception softwares of Directorate for Roads of Vietnam;
2. Transmit accurate and adequate data to
Directorate for Roads of Vietnam as prescribed in Point b, Clause 1, Article 4
hereof;
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4. Arrange staff to monitor and exploit data on
softwares of the tracking device serving the task of management; inspect
accuracy of information on license plates, payload, types of transport
business, name of drivers, registration number of driver’s licenses within
management;
5. Carry out systematic storage of compulsory
information for at least one year;
6. Ensure confidentiality and safety of data for
the information system from the tracking device at the units and on the
information system of Directorate for Roads of Vietnam;
7. Handle responsibilities of relevant individuals
and departments for management, monitoring, exploitation and use of data
according to law provisions; carry out timely handling of drivers committing
acts of violation as prescribed in the units’ statute;
8. Directly execute or entrust service providers
via a contract as prescribed in Clauses 1, 2, 3, 5 and 6 hereof;
9. Make reports on a monthly, annual basis or at
the request of the Services of Transport on result of handling violations;
Article 11. Responsibilities
of units doing business at passenger and goods stations (hereinafter referred
to as station operators)
1. Exploit data from the tracking device on the
information system of Directorate for Roads of Vietnam to serve the monitoring
and management of vehicles at the stations;
2. Inspect the information system of Directorate
for Roads of Vietnam to ensure data on vehicles is sufficient; For any vehicle
without information on the information system of Directorate for Roads of
Vietnam, station operators must be responsible for requesting confirmations
from the driver, and making the report to the Services of Transport within five
working days since the driver confirms no data is available on the information
system of Directorate for Roads of Vietnam.
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Article 12. Responsibilities
of service providers
1. Invest and maintain facilities, softwares for
providing and transmitting data under the contract signed with transport
businesses and ensure compatibility with data reception softwares of
Directorate for Roads of Vietnam;
2. Ensure objectivity, accuracy and timeliness in
the provision of data, no amendments or falsifications to the data transmitted
to Directorate for Roads of Vietnam; ensure confidentiality and safety of data
provided to transport businesses;
3. Make timely provision of accurate information
and data at the request of competent state management agencies; take
responsibility for accuracy and honesty of information, data transmitted to
Directorate for Roads of Vietnam;
4. Develop data exploitation softwares according to
QCVN 31:2014/BGTVT (National technical regulations on vehicle tracking devices)
for transport businesses to operate and manage vehicles;
5. Have solutions for replacement in case devices
installed on transport vehicles are damaged or under maintenance to ensure data
on vehicles is uninterrupted during the operation of vehicles;
6. Take responsibility for making warnings about
devices transmitting no data from the tracking device through data exploitation
software;
Chapter IV
EFFECT AND
IMPLEMENTATION
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This Circular takes effect since June 01, 2015 and
replaces the Minister of Transport’s Circular No. 23/2013/TT-BGTVT dated August
26, 2013 regulating provision, management and use of data from vehicle tracking
devices.
Article 14. Implementation
1. Directorate for Roads of Vietnam shall be
responsible for developing and guiding instructions to relevant units on the
execution of this Circular.
2. Chief of the Ministry Office, Chief Inspector,
director generals of Directorate for Roads of Vietnam, directors of the
Services of Transport of central-affiliated cities and provinces, heads of
relevant agencies, organizations and individuals shall be responsible for
executing this Circular./.
THE MINISTER
Dinh La Thang