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MINISTRY OF
TRANSPORT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 36/VBHN-BGTVT
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Hanoi, July 22,
2022
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DECREE
On auto transport business and conditions for
auto transport business
Decree No. 10/2020/ND-CP dated
January 17, 2020 of the Government of Vietnam providing for auto transport
business and conditions for auto transport business which comes into force from
April 01, 2020 is amended by:
Decree No. 47/2022/ND-CP dated
July 19, 2022 of the Government of Vietnam on amendments to certain Articles of
Decree No. 10/2020/ND-CP dated January 17, 2022 of the Government of Vietnam on
auto transport business and conditions for auto transport business, which comes
into force from September 01, 2022.
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on Road
Traffic dated November 13, 2008;
Pursuant to the Law on
Investment dated November 26, 2014; the Law on amendments to Article 6 and List
of Conditional Investments in Appendix 4 of Law on Investment dated November
26, 2016;
At the request of the
Minister of Transport;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for auto
transport business, conditions for auto transport business, issuance and
revocation of auto transport business license and automobile signage, and
announcement of new stations.
Article 2. Regulated
entities
This Decree is applicable to
organizations and individuals operating or involving in the auto transport
business.
Article 3. Definitions
For the purposes of this
Decree, the terms below shall be construed as follows:
1. “transport business” refers
to an enterprise, a cooperative or a household business operating an auto
transport business.
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3. “fixed route” means a
passenger transport route which is announced by the competent authority and the
journey, schedule, departure station and arrival station (or bus terminus for
bus routes) of which are predetermined.
4. “fixed-route transport
business” means an auto transport business in which passengers are transported
on a fixed route.
5. “fixed-route bus business”
means an auto transport business in which the bus operates on a fixed route and
picks up or drops off passengers at designated locations. Fixed bus
routes include:
a) Provincial bus routes, which
run within the limit of a province or central-affiliated city;
b) Interprovincial bus routes,
which pass through two or three provinces and/or central-affiliated cities.
6. “taxi business” means a
business in which an automobile having fewer than 9 seats (including the
driver) transports passengers according to the schedule and journey requested
by the passengers; and a taximeter is used to calculate the fare or a piece of
software is run to book or cancel a ride, calculate the fare and connect with
the passengers directly and electronically.
7. “passenger automobile rental
business” means a business in which passengers are transported by an automobile
under a physical or electronic passenger transport contract (hereinafter
referred to as “transport contract”) between the operator of a passenger
automobile rental business and a person who would like to hire both the
automobile and its driver.
8. “tourist transport business”
means a business in which tourists are transported by an automobile according
to a travel itinerary and a physical or electronic transport contract or travel
contract between the operator of a tourist transport business and a person who
would like to hire both the automobile and its driver.
9. “shuttle service” means a
free-of-charge service by an enterprise or a cooperative operating a fixed-route
transport business in which automobiles with maximum 16 seats (including the
driver) transport its passengers to or from a bus station or a fixed route’s
pick-up or drop-off point located in the province where the route starts or
ends.
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11. “permissible payload” of an
automobile means the maximum number of passengers and amount of cargo that the
automobile is permitted to carry on the road, which shall not exceed its design
payload.
12. “bus station” means a
facility of the road infrastructure that allows automobiles to pick up and drop
off passengers and provide auxiliary passenger transport services.
13. “cargo station” means a
facility of the road infrastructure that allows trucks to load and unload cargo
and provide auxiliary freight services.
14. “rest stop” means a
facility of the road infrastructure at which passengers and vehicles can stop
and rest during their journeys.
15. “departure time of each
automobile” means the time at which an automobile must depart from a bus
station.
16. “route" means a
specific path taken by an automobile and determined based on its departure point,
arrival point and other stops along the way.
17. “schedule" means the
time an automobile completes a route starting from its departure to its
arrival, including the times the automobile will depart from or arrive at some
particular stops of the route.
18. “schedule compilation”
means a compilation of schedules of services that run on one route at
consistent intervals for a certain period of time.
19. “transport marketplace
application” means an application that provides the protocols to connect transport
businesses and drivers with passengers or automobile renters on the digital
environment.
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Chapter II
PROVISIONS ON AUTO TRANSPORT BUSINESS
Article 4. Fixed-route
transport business
1. Enterprises and cooperatives
granted the auto transport business license which permits fixed-route transport
may apply to operate fixed routes according to regulations in Article 20 of
this Decree.
2. A fixed route must start and
end at bus stations ranked from level 1 to level 6. For remote and isolated
areas and areas with socio-economic difficulties where bus stations ranked from
level 1 to level 6 are unavailable, their fixed routes may start and end at
stations ranked below level 6.
3. Management of fixed routes
shall focus on the following tasks:
a) Formulate, amend and release
route network lists;
b) Release schedule
compilations; update the following information to route network lists: Maximum
number of services on a route, minimum intervals between consecutive services,
departure time of operated services and list of operators thereof; and
formulate and announce pick-up points and drop-off points of each route;
c) Monitor transport operations
of enterprises, cooperatives and bus stations related to the routes; compile
results of such operations and count passengers.
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a) Reserve priority seats for
people with physical disabilities, the elderly and pregnant women;
b) Have the “XE TUYẾN CỐ ĐỊNH”
(“FIXED-ROUTE AUTOMOBILE”) signage affixed beneath the front windscreen on the
right-hand side;
c) Have all required
information affixed on their bodies.
5. Automobiles used to operate
a shuttle service must be affixed with the “XE TRUNG CHUYỂN” (“SHUTTLE BUS”)
signage beneath the front windscreen on the right-hand side and have all
required information affixed on their bodies.
6. Regulations on extra
services for reduction of passenger load on fixed routes
a) For extra services on public
holidays and dates of national high school graduation examinations, enterprises
and cooperatives operating fixed routes (hereinafter referred to as “fixed
route operators”) shall finalize plans for extra services with bus stations
based on actual demand; and report to Departments of Transport of the provinces
where relevant bus terminus are located for promulgation of a consolidated
plan;
b) For extra services for surge
in demand on Friday and weekends, fixed route operators shall finalize plans
for extra services with bus stations based on actual demand; and report to
Departments of Transport of the provinces where relevant bus terminus are
located for implementation within the year. Based on these plans and actual
passenger load at each bus station, each station shall confirm extra services
in the transport order of the fixed route operator. The automobiles used for
extra services must be affixed with unexpired “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE
AUTOMOBILES”), “XE HỢP ĐỒNG” (“RENTED AUTOMOBILE”) or “XE Ô TÔ VẬN TẢI KHÁCH DU
LỊCH” (“TOURIST AUTOMOBILE”) signage.
7. Bus station operators shall
provide auxiliary transport services for fixed route operators as agreed upon
in concluded contracts; inspect fulfillment of conditions applicable to
automobiles and drivers and give their confirmation in transport orders; and
permit only qualified passenger automobiles to depart.
8. Bus stations must employ the
bus station management software to manage departures, arrivals and provide
information (including station’s name; fixed route operator’s name; driver's
full name; registration plate number; operating route; time of departure and
number of passengers at time of departure) in transport orders of each service
in their stations to Directorate for Roads of Vietnam. Time limit for this task
is before July 01, 2020 for level 1 to level 4 bus stations and before July 01,
2021 for the remaining bus stations. From July 01, 2022, prior to any
departure, fixed route operators shall provide information (including station’s
name; fixed route operator’s name; driver's full name; registration plate
number; operating route; time of departure and number of passengers at time of
departure) in transport orders via the software of the Ministry of Transport.
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1. Enterprises and cooperatives
granted the auto transport business license which permits fixed-route bus
business may participate in bidding or receive orders regarding operation of
bus routes included in published route network lists.
2. Automobiles used for bus
business shall:
a) Reserve priority seats for
people with physical disabilities, the elderly and pregnant women;
b) Have the “XE BUÝT” (“BUS”)
signage affixed beneath the front windscreen on the right-hand side and have
all required information affixed on their bodies;
c) Have at least 17 seats.
Location and number of seats and standing passengers and other technical
regulations for buses shall comply with the technical regulations promulgated
by the Ministry of Transport. Automobiles having between 12-17 seats may be
used for bus routes running through bridges whose load capacity is less than 05
tonnes or bus routes 50% of which consists of roads below level IV (or roads
whose cross section is less than 07 meters).
3. Management of fixed routes
shall focus on the following tasks:
a) Formulate, amend and publish
route network lists, schedule compilations, ticket prices (for routes given
fare subsidy) and the state’s incentive policies for promotion of public
transport bus services in localities;
b) Regulate and organize
bidding and placement of orders concerning operation of bus routes included in
route network lists;
c) Build, maintain and manage
bus infrastructure; decide technical criteria and locations of bus terminus and
other bus stops in localities;
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4. Before July 01, 2022, the
enterprise or cooperative operating a bus business shall provide information
(including enterprise or cooperative’s name; driver's full name; registration
plate number; operating route and time of departure) in transport orders of
each bus via the software of the Ministry of Transport.
5. Buses shall be allocated
separate pick-up and drop-off areas in transport hubs, tourism areas, tourist
accommodations, tourist attractions, cultural-sports establishments, shopping
malls, transport nodes and intermodal passenger transport hubs; and given
priority in metropolises.
Article 6. Taxi business
1. Automobiles used for taxi business
shall:
a) Have the “XE TAXI” (“TAXI”)
signage affixed beneath the front windscreen on the right-hand side and have
all required information affixed on their bodies;
b) Have the “XE TAXI"
(“TAXI”) phrase, which is made out of retroreflective material and 06 x 20 cm
in minimum size, affixed on the front and back windshields; or
Have a led with “TAXI”
signboard of at least 12 x 30 cm installed on the top of their roofs;
c) If the time a passenger
automobile operates in a locality accounts for 70% of its total operating time
in a month, it must obtain the signage from that locality; the total operating
time shall be determined using the data obtained from its tracker.
2. For taxis equipped with
taximeters:
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b) Receipts must include the
following basic information: name of the transport business, the taxi’s
registration plate number, the travel distance (km) and total amount of
payment.
3. For taxies equipped with the
software capable of booking, canceling and charging rides (hereinafter referred
to as “ride hailing software"):
a) The taxi must be equipped
with a device directly connecting with passengers for booking and canceling
rides;
b) The ride is charged based on
the distance showed on the digital map;
c) The ride hailing software
must comply with regulations of laws on electronic transactions; the interface
for passengers must show the transport enterprise or cooperative's name or logo
and provide the following basic information for passengers prior to any ride:
name of the transport business, driver’s full name, the taxi’s registration
plate number, the route and distance thereof (km), total amount of payment and
phone number for feedbacks from passengers.
4. After a ride is completed,
the enterprise or cooperative using the ride hailing software must send the
ride’s electronic invoice to the passenger via the software and send the
invoice's information to its supervisory tax authority according to regulations
from the Minister of Finance.
5. The enterprise or
cooperative operating a taxi business must notify the Department of Transport
which issues its business license of the payment method employed by its taxis
prior to its operation.
6. Taxis shall be allocated
separate pick-up and drop-off areas in transport hubs, tourism areas, tourist
accommodations, tourist attractions, cultural-sports establishments, shopping
malls, transport nodes and intermodal passenger transport hubs; and given
priority in metropolises.
Article 7. Passenger
automobile rental business
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a) Have the “XE HỢP ĐỒNG”
(“RENTED AUTOMOBILE”) signage affixed beneath the front windscreen on the
right-hand side and have all required information affixed on their bodies;
b) Have the “XE HỢP ĐỒNG"
(“RENTED AUTOMOBILE”) phrase, which is made out of retroreflective material and
06 x 20 cm in size, affixed on the front and back windshields;
c) Comply with the regulations
in Point c Clause 1 Article 6 of this Decree.
2. The transport contract
between the passenger automobile rental business and the renter must be
concluded before the trip.
3. Passenger automobile rental
businesses and their drivers shall:
a) Only sign transport
contracts with renters who would like to rent the whole automobile (including
the driver); and pick up and drop off passengers at the locations stated in the
concluded contract;
b) Not pick up any passenger
not included in the passenger list enclosed with the concluded contract and
provided by the business; confirm booking individually; sell tickets or charge
passengers individually in any shape or form; or establish a fixed itinerary or
schedule to serve multiple passengers or renters;
c) Not pick up or drop off
passengers on a daily basis at the rental business’s premises or another fixed
location rented or co-operated by the rental business;
d) In a month, the number of
trips with the same point of departure and point of arrival that an automobile
make shall not exceed 30% of its total trips; data from the automobile’s
tracker and concluded transport contracts shall be used to identify theses
points.
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a) Bring the physical transport
contract signed by the passenger automobile rental business (unless otherwise
provided for in Point c herein);
b) Bring the passenger list
bearing a mark of confirmation from the passenger automobile rental business
(unless otherwise provided for in Point c herein);
c) If the electronic contract
is used, the driver must be equipped with a device capable of accessing the
contract and enclosed passenger list provided by the passenger automobile
rental business;
d) Drivers serving funerals and
weddings are exempt from the regulations in Points a, b and c herein.
5. Before a trip, passenger
automobile rental businesses must provide the basic information required by
Clause 2 (excluding Points e and g) Article 15 of this Decree to the Department
of Transport issuing its transport business license in writing or via email.
From January 01, 2022, passenger automobile rental businesses shall
provide basic information of transport contracts via the software of the
Ministry of Transport.
6. Regulations on transport of
students or officials and public employees to school or to work for passenger
automobile rental businesses and drivers thereof:
a) Before executing the
contract, the rental business must inform the basic information required by
Clause 2 (excluding Points e and g) Article 15 of this Decree once; and must
inform again upon any change to the route, schedule or pick-up or drop-off
point;
b) The business and its drivers
shall transport only students, officials and/or public employees to school or
to work and are exempt from the regulations in Points c and Clause 3, Points b
and c Clause 4 and Clause 5 of this Article.
7. Rental automobiles may pick
up and drop off passengers at locations not included in the transport contract
only in case of human emergency or natural disasters or conflict requested by
competent authorities.
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Article 8. Tourist transport
business
1. Automobiles used for tourist
transport business shall:
a) Have the “XE Ô TÔ VẬN TẢI
KHÁCH DU LỊCH” (“TOURIST AUTOMOBILE”) signage affixed beneath the front
windscreen on the right-hand side and have all required information affixed on
their bodies;
b) Have the “XE DU LỊCH"
(“TOURIST AUTOMOBILE”) phrase, which is made out of retroreflective material
and 06 x 20 cm in size, affixed on the front and back windshields;
c) Comply with the regulations
in Point c Clause 1 Article 6 of this Decree.
2. The transport contract or a
travel contract concerning hire of both the automobile and the driver between
the tourist transport business and the renter must be concluded before the
trip.
3. Regulations for tourist
transport businesses, travel businesses and drivers:
a) The tourist transport
business shall only sign transport contracts with renters who would like to
rent the whole automobile; and passengers shall be picked up and dropped off at
the locations stated in the concluded transport or travel contract;
b) It is forbidden to pick up
any passenger not included in the passenger list enclosed with the concluded
contract and provided by the transport business; confirm booking individually;
sell tickets or charge passengers individually in any shape or form;
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d) In a month, the number of
trips whose point of departure and point of arrival are not located in the same
province or central-affiliated city that an automobile make shall not exceed
30% of its total trips; data from the automobile’s tracker and concluded
transport contracts shall be used to identify theses points.
4. When transporting tourists,
drivers shall bring the documents required by the Law on Road Traffic and
comply with the regulations in Points a, b and c Clause 4 Article 7 of this
Decree.
5. Tourist transport businesses
shall satisfy the regulations in Clause 5 Article 7 of this Decree prior to
operation.
6. Tourist automobiles shall be
allocated separate areas to pick up and drop off tourists visiting transport
hubs, tourism areas, tourist attractions and tourist accommodations and may
operate on routes leading to tourist attractions, tourist accommodations and
places of provision of tourism services at any time and in compliance with
regulations of local government.
7. Tourist automobiles may pick
up and drop off passengers at locations not included in the transport contract
only in case of human emergency or natural disasters or conflict requested by
competent authorities.
8. Departments of Transports
shall send lists of automobiles issued with the tourist automobile signage to
People’s Committees of the communes where the headquarters or a branch of each
transport business is located for cooperation in management.
Article 9. Trucking business
1. A box truck business is a
business that employs 1,500-kg automobiles to transport cargo for reward, which
is calculated by a taximeter or the ride hailing software installed on the
automobile. The "TAXI TẢI” (“BOX TRUCK”) phrase and the business’s phone
number and name shall be affixed on the truck’s doors or both sides of its
body.
2. Oversize load transport
business
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b) When transporting oversize
loads, drivers must bring an unexpired permit to operate oversized or
overweight vehicles issued by the competent authority.
3. Hazardous cargo transport
business is a business where automobiles are employed to transport cargo
containing dangerous substances that may pose a threat to human life or health,
the environment or national security and safety. Automobiles transporting
hazardous cargo must obtain the permit to transport hazardous cargo from the
competent authority.
4. Tractor truck business is a
business where tractor units attached to trailers or semi-trailers are employed
to transport containers.
5. Ordinary cargo transport
business is a trucking business not regulated by Clause 2, Clause 3 and Clause
4 herein.
6. Tractor trucks must be
issued with the “XE CÔNG-TEN-NƠ” (“TRACTOR TRUCK”) signage, tractor units
attached to trailers or semi-trailers must be issued with the “XE ĐẦU KÉO”
(“TRACTOR UNIT”) signage and commercial automobiles transporting ordinary cargo
and box trucks must be issued with the “XE TẢI” (“TRUCK”) signage. These types
of signage shall be affixed beneath the front windscreen on the right-hand side
of each automobile; and all required information must be affixed on each
automobile’s body according to guidelines from the Minister of Transport.
7. Trucking businesses shall
take responsibility for loading cargo onto automobiles following guidelines
from the Minister of Transport.
8. Trucking businesses must
issue transport orders to their drivers. Transport orders must include
confirmation (signature and full name) of the amount of cargo loaded onto the
automobile from the cargo owner (or a person authorized by the cargo owner) or
the representative of the entity or the individual loading the cargo.
9. When transporting cargo, the
driver must bring the physical transport order or a device capable of showing
the transport order’s contents and other documents related to the driver and
the automobile required by law. Transport businesses and their drivers
shall not transport cargo exceeding the permitted weight.
10. Bicycles, motorcycles and
other similar vehicles shall be transported through road tunnels according to
regulations in Clause 5 herein.
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Article 10. Limitations of
liability of trucking business operators to compensation for cargo damage, loss
or shortage
1. Compensation for cargo
damage, loss or shortage shall be given according to the transport contract or
agreement between the transport business operator and the renter.
2. Compensation shall be given
according to the ruling of the court or an arbitrator if the regulation in
Clause 1 of this Article is inapplicable.
Article 11. Regulations on
traffic safety in auto transport business
1. Transport businesses, bus
stations and cargo stations must formulate and implement traffic safety
procedures.
2. Traffic safety procedures
must specify the following contents:
a) For transport businesses:
monitoring of drivers and automobiles throughout the operation of their
businesses; inspection of traffic safety requirements for drivers and
automobiles prior to their journeys (taxi businesses shall make this inspection
according to their own plans); compliance with regulations on non-stop driving
time and daily driving time; commercial automobile maintenance; inspection and
monitoring of automobiles and drivers at work; plans to ensure all passengers
have exited passenger automobiles; transport operation and traffic safety
training for drivers; plans for handling of traffic accidents; and traffic
safety reporting regimes for drivers and transport coordinators;
b) For bus or cargo station
operators: inspection of traffic safety requirements for automobiles, drivers,
cargo and luggage of passengers prior to departure; inspection and monitoring
of automobiles and drivers in the stations; and traffic safety reporting
regime.
3. Auto transport businesses
shall:
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b) Not operate double-decker
sleeper buses on level V and level VI mountainous roads;
c) Employ drivers with at least
02 years of experience in driving passenger automobiles having at least 30
seats (including the driver) to drive double-decker sleeper buses;
d) Formulate and update
required information on employment of their automobiles and drivers in each
automobile’s service history and driver’s work history. From July 01, 2022,
this task may be carried out via the software for auto transport business
management of the Ministry of Transport. From July 01, 2022, this task may be
carried out via the software for auto transport business management of the
Ministry of Transport.
dd)2 Auto passenger
transport businesses, drivers and staffs serving on automobiles (if any)
(hereinafter referred to as “consignors”) shall, when receiving consignment
goods (consignees do not accompany the goods by), require the consignees to
fully and accurately provide information including names of goods, volumes (if
any), full names, addresses, ID numbers and phone numbers of consignees and
consignors.
4. Transport businesses and
commercial car drivers shall comply with regulations on daily driving time and
non-stop driving time in Clause 1 Article 65 of the Law on Road Traffic.
Regulations on break time between 2 non-stop driving periods are as
follows:
a) At least 05 minutes for taxi
drivers and provincial bus drivers;
b) At least 15 minutes for
drivers of passenger automobiles running on fixed routes, interprovincial
buses, rental passenger automobiles, tourist automobiles, tractor trucks and
trucks.
5. Minister of Transport shall
stipulate formulation and implementation of traffic safety procedures for auto
transport business and the roadmap for application of traffic safety procedures
in stations; duties of traffic safety managers and supervisors; instructions on
traffic safety and on-board emergency evacuation for passengers; and guidelines
for formulation and update of automobile’s service history and driver’s work
history.
Article 12. Regulations on
automobile trackers
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2. Automobile trackers must
comply with national technical regulations, be in good condition and operate
continuously.
3. Automobile trackers must
satisfy the following requirements:
a) Automobile trackers shall
retain and transmit information on routes, driving speed and non-stop driving
time to the vehicle tracking data system of the Ministry of Transport
(Directorate for Roads of Vietnam);
b)3 Information from
automobile trackers shall be used for state management of transport and
operation of transport businesses and shared with the Ministry of Public
Security (Traffic Police Authority) and Ministry of Finance (General Department
of Taxation, General Department of Vietnam Customs) for cooperation in state
management of traffic order and safety; public order and security; tax;
anti-smuggling.
4. Directorate for Roads of
Vietnam shall retain data on traffic violations for 03 years.
5. Transport businesses shall
maintain operation of automobile trackers to provide the information prescribed
in Point a Clause 3 of this Article.
6. Transport businesses and
commercial car drivers shall not employ technical measures, peripherals or
other measures to disrupt GPS or GSM signal or falsify data from automobile
trackers. Before operating an automobile, the driver must use their
driver identity card to log in to the automobile tracker and log out after the
drive to record their non-stop driving time and daily driving time.
Chapter III
PROVISIONS ON CONDITIONS FOR AUTO TRANSPORT BUSINESS
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1. Requirements for passenger
automobiles:
a) The passenger transport
business must own the passenger automobiles or hold the right to use them
according to the written automobile rental contract between the business and
another organization or individual or the business cooperation agreement as per
the law.
If an automobile belongs to a
member of an cooperative, the member and the cooperative must sign a service
contract which specifies the rights, responsibilities and obligations of the
cooperative regarding the management, use and operation of such automobile;
b) Automobiles used to operate
a fixed-route transport business shall have at least 09 seats (including the
driver). Their service life is regulated as follows: Cars making journeys
longer than 300 km shall have a service life of 15 years (starting from the
year of manufacture) and those making journeys under 300 km shall have a
service life of 20 years (starting from the year of manufacture);
c) Buses shall have a service
life of 20 years (starting from the year of manufacture);
d)4 Taxis shall have
fewer than 09 seats (including driver) and a service life of 12 years (starting
from the year of manufacture).
dd) Tourist automobiles shall a
service life of 15 years (starting from the year of manufacture).
Regulations on service life of passenger automobiles operating under
contracts are as follows: Cars making journeys longer than 300 km shall have a
service life of 15 years (starting from the year of manufacture) and those
making journeys of 300 km at the maximum shall have a service life of 20 years
(starting from the year of manufacture).
Tourist automobiles and
passenger automobiles having fewer than 09 seats (including the driver) and
operating under electronic contracts shall have a service life of 12 years
(starting from the year of manufacture).
2. Before July 01, 2021,
passenger automobiles having at least 09 seats (including the driver) must be
equipped with cameras to record images inside each automobile (including the
driver and the car doors) while it is on the road. These images shall be
provided for the police force, traffic inspectors and the licensing authority
to ensure transparent supervision. Time limit for retention of these images is
as follows
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b) At least for the last 72
hours for automobiles making journeys of more than 500 kilometers.
3.5 Cars having
fewer than 10 seats (including the driver) converted from cars with at least 10
seats are prohibited from being used in the passenger transport business.
Cars whose size or appearance resembles those with at least 09 seats
(including the driver) are prohibited from being used in the taxi business.
Article 14. Conditions for
trucking business
1. The trucking business must
own the trucks or hold the right to use them according to the written
automobile rental contract between the business and another organization or
individual or the business cooperation agreement as per the law.
If a truck belongs to a member
of a cooperative, the member and the cooperative must sign a service contract
which specifies the rights, responsibilities and obligations of the cooperative
regarding the management, use and operation of such truck.
2. Before July 01, 2021,
tractor trucks and tractor units must be equipped with cameras to record images
of the driver driving. These images shall be provided for the police
force, traffic inspectors and the licensing authority to ensure transparent
supervision. Time limit for retention of these images is as follows:
a) At least for the last 24
hours for automobiles making journeys of 500 kilometers at the maximum;
b) At least for the last 72
hours for automobiles making journeys of more than 500 kilometers.
Chapter IV
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Article 15. General
regulations on transport contracts
1. A physical or electronic
transport contract is an agreement between contract parties according to which
the transport business will transport passengers, luggage or cargo to an
agreed-upon location in exchange for reward payable to the passengers or the
automobile renter.
2. A passenger or cargo
transport contract must have all of the following basic information:
a) Information on the
contracting transport business, including its name, address, phone number, tax
identification number and the representative signing the contract;
b) Information on the driver,
including full name and phone number;
c) Information on the
passengers or automobile renter (organization or individual), including name,
phone number and tax identification (if any);
d) Information on the
automobile, including its registration plate number and payload;
dd) Information on contract
execution, including start and end of the contract (date and time); addresses
of first stop, last stop, pick-up points and drop-off points (or loading and
unloading points) on the journey; journey’s length (km); and number of
passengers (or weight of cargo);
e) Information on the
contract’s value and payment method;
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3. Basic information in
passenger or cargo transport contracts may be used for the purpose of state
management of transport; or may be provided for competent authorities, price
management authorities, tax authorities, and the police force and/or transport
inspectors upon request.
Article 16. Regulations on
execution of electronic contracts
1. Electronic contracts shall
be executed according to regulations in this Decree and other relevant
regulations of laws.
2. Regulations on use of
electronic contracts by a transport business:
a) The interface of the
software provided for the client or renter must show its full name or logo, the
emergency phone number and the basic information prescribed in Clause 2 Article
15 herein;
b) The electronic invoice of
each trip must be sent to the account that the client or renter uses to
conclude the contract and information on this invoice must be sent to the tax
authority according to regulations from the Minister of Finance;
c) Electronic contracts shall
be retained for at least 03 years.
3. Regulations for drivers of
commercial automobiles working under electronic contracts:
a) They shall comply with the
regulations in Clause 4 Article 7 and Clause 4 Article 8 of this Decree;
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4. Regulations for renters and
passengers entering into electronic contracts:
a) They shall use devices
capable of showing the full contents of electronic contracts;
b) They shall abide by
regulations of laws when concluding electronic contracts with transport
businesses.
Chapter V
PROVISIONS ON ISSUANCE AND REISSUANCE OF AUTO
TRANSPORT BUSINESS LICENSE AND SIGNAGE; STATION ANNOUNCEMENT; FIXED ROUTE
OPERATION APPLICATION, TERMINATION AND SUSPENTION
Article 17. Issuance of auto
transport business license
1. Auto transport businesses
must obtain the auto transport business license (hereinafter referred to as
“business license”).
2. The business license shall
include:
a) Name and address of the
transport business;
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c) Legal representative;
d) Business type;
dd) Issuer of the business
license.
3. Departments of Transport
have the power to issue the business license.
Article 18. Application for
issuance and reissuance of business license
1. For enterprises and
cooperatives operating a transport business, an application for the business
license consists of:
a) An application for the
business license made using the form in Appendix I of this Decree;
b) Copies of degrees and/or
certificates of the person directly operating the transport business;
c) A copy or the authentic copy
of the decision on establishment and regulations on functions and duties of the
traffic safety management and monitoring unit (for enterprises and cooperatives
operating fixed-route transport business, bus business, taxi business, tractor
truck business and passenger transport business under electronic contracts).
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a) An application for the
business license made using the form in Appendix I of this Decree;
b) A copy of the business
registration certificate.
3. An application for
reissuance of the business license due to change to the license’s contents
consists of:
a) An application for
reissuance of the business license made using the form in Appendix I of this
Decree, which specifies the reason for reissuance;
b) Documents denoting the
change to the contents stated in Clause 2 Article 17 of this Decree (documents
directly related to the changed content).
4. An application for
reissuance of the business license due to loss or damage includes an
application for reissuance of the business license made using the form in
Appendix I of this Decree.
5.6 An application
for reissuance of a revoked business license comprises:
a) For enterprises and
cooperatives, the regulations in Clause 1 herein shall apply; for household
businesses, the regulations in Clause 2 herein shall apply;
b)7 Documents
proving remedial actions for violations prescribed in points a and d clause 6
Article 19 hereof.
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1. Procedures for issuance of
the business license:
a) The transport business shall
submit an application for the business license to the issuing authority.
If the application needs to be amended, the issuing authority shall
inform the contents to be amended to the applicant directly or in writing or
via the online public services system within 03 working days from the date of
receipt of the application;
b) Within 05 working days from
the date of receipt of the adequate application, the issuing authority shall
appraise the application and issue the license made using the form in Appendix
II of this Decree. If the application is rejected, the issuing authority
shall explain the reason to the applicant in writing or via the online public
services system.
2. If the business license is
revoked or there is any change to its content, it may be reissued following the
procedures prescribed in Clause 1 herein.
3. Procedures for reissuance of
the business license in case it is lost or damaged:
a) The transport business shall
submit an application for reissuance of the business license to the Department
of Transport of the province where the business’s headquarters or branch is
located. If the application needs to be amended, the issuing authority
shall inform the contents to be amended to the applicant directly or in writing
or via the online public services system within 02 working days from the date
of receipt of the application;
b) Within 03 working days from
the date of receipt of the adequate application, the issuing authority shall
issue the auto transport business license made using the form in Appendix II of
this Decree. If the application is rejected, the issuing authority shall
explain the reason to the applicant in writing or via the online public
services system.
4. The issuing authority shall
inspect information about the business registration certificate or enterprise
registration certificate on the national business registration portal before
issuing the business license.
5. Applications shall be
received and results shall be informed at the office of the issuing authority
or by post or via other forms suitable according to regulations. In case
an application is submitted to the issuing authority directly or by post, the
receiver shall update information in the application to the online public
services system of the Ministry of Transport as regulated.
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6. A transport business will
have its business license revoked for an indefinite period of time in any of
the following cases:
a) A copy of a document
included in the business license application is inconsistent with the authentic
copy or contains erroneous information;
b) The transport business has
stopped operating for 06 months starting from the date of issuance of the business
license or for 06 consecutive months;
c) The transport business
terminates its operation according to regulations of laws or of its own
volition;
d) Image data from car cameras
are edited or falsified before, during or after transmission.
7. An issuing authority has the
power to revoke the business licenses that it issued following this procedure:
a) Promulgate a decision to
revoke the business license;
b) Send the business license
revocation decision to the transport business and post an update on the
Department of Transport’s website;
c) Report to Directorate for
Roads of Vietnam and provincial People’s Committee and notify the business
license revocation decision to relevant authorities for cooperation;
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8. Transport businesses whose business licenses are
suspended by competent authorities must cease all transport business activities
according to the decision to impose administrative sanction. After the
suspension period has lapsed, if a transport business wishes to resume
operation, it shall reapply for the business license as prescribed in Clauses 1
and 2 of Article 18 of this Decree and provide documents proving that remedial
actions have been taken against the offense leading to such suspension.
9. During the period in which a transport business
has its auto transport business license suspended by a competent authority,
Departments of Transport shall not reissue the suspended business license or
relevant signage.
Article 20. Procedures for application for and
termination of operation of fixed routes
1. Based on announced fixed route list and
schedules, enterprises and cooperatives granted the auto transport business
license which permits fixed-route transport may apply to operate a route at any
departure time not already selected by another entity.
2. For a new route not yet announced by competent
authorities:
a) The enterprise or cooperative operating a
transport business shall formulate a plan, finalize the departure time with the
departing station and arriving station, and submit such plan to Departments of
Transport of the provinces where these two stations are respectively located to
apply to operate the route as regulated;
b) In case the enterprise or cooperative and the
departing/arriving station could not agree on a departure time, the Department
of Transport shall decide the departure time as proposed by the enterprise or
cooperative;
c) Department of Transport (of the province where
the transport business’s headquarters or branch is located) shall issue signage
for the business’s automobiles, update the route list according to regulations
in Point a and Point b Clause 3 Article 4 of this Decree and report to the
Ministry of Transport and People's Committee of its province for them to
consider updating the route list and announcing such update in compliance with
guidelines from the Minister of Transport.
3. An application for operation of a route
includes:
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b) A copy of the agreement between the departing
station and arriving station and the enterprise or cooperative operating the
route (for new routes).
4. Procedure for application for operation of a
route applicable until the end of June 30, 2021:
a) The enterprise or cooperative shall submit an
application to the Department of Transport which has issued its business
license;
b) Within 02 working days from the date of receipt
of the application, the Department of Transport shall inspect it and inform the
applicant of any amendment required directly or in writing.
Within 02 working days from the date of receipt of
the request for amendment from the Department of Transport, the applicant shall
complete the application as requested. In case the application is not completed
within such time limit, it will be disqualified and the Department of Transport
will inspect the next applications on a first-come-first-serve basis;
c) For interprovincial fixed routes:
Within 03 working days from the date of receipt of
the adequate application, the Department of Transport receiving the application
shall consult the Department of Transport of the province where the other end
of the route is located in writing.
Within 02 working days from the date of receipt of
the consulting request, the consulted Department of Transport must provide an
answer. If an applicant wishes to operate the same route or at the same time as
another applicant, the consulted and consulting Department of Transports shall
agree on inspecting and handling applications on a first-come-first-serve
basis. The consulted Department of Transport is deemed to have agreed if it
does not provide an answer within the aforesaid time limit.
Within 07 working days from the date of receipt of
the adequate application, the Department of Transport receiving the application
shall send a written notification of successful route operation application to
the applicant, Department of Transport of the province where the other end of
the route is located, departing station and arriving station for cooperation in
management using the form in Appendix IV of this Decree;
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5. Procedure for application for operation of a
route applicable from July 01, 2021:
a) The enterprise or cooperative shall submit an
application to the Department of Transport which has issued its business
license on the online public services system of the Ministry of Transport
(applications sent in person or by post will be rejected);
b) Within 03 working days from the date of receipt
of the application, the Department of Transport shall inspect it and inform the
applicant of any amendment required on the public services system.
Within 02 working days from the date of receipt of
the request for amendment from the Department of Transport, the applicant shall
complete the application as requested and update it on the online public
services system. In case the application is not completed within such time
limit, it will be disqualified and the Department of Transport will inspect the
next applications on a first-come-first-serve basis;
c) Within 03 working days from the date of receipt
of the adequate application, the Department of Transport receiving the
application shall post a notification of successful route operation application
using the form in Appendix IV of this Decree on the online public services
system to have it informed to the applicant, Department of Transport of the
province where the other end of the route is located (for interprovincial fixed
routes), departing station and arriving station for cooperation in management.
In case two or more applicants apply for operation
of a route at the same departing time, the Department of Transport shall handle
the applications on a first-come-first-serve basis.
6. Notification of successful route operation
application is valid from the date on which it is signed to the date the
enterprise or cooperative stops operating the route or the date prescribed by a
route operation suspension decision from Departments of Transport. Notification
of successful route operation application will be annulled if the enterprise or
cooperative does not operate the route within 60 days after the date on which
the notification is issued.
7. Fixed route operators may stop operating a route
or one or more than one service of a route following this procedure:
a) The operator must send a notification to the
Department of Transport, departing station and arriving station and may only
stop operating the route or service(s) after the notification has been posted
at the stations for at least 15 days;
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8. Minister of Transport shall develop a level 4
online public services system to process fixed route operation applications
submitted from July 01, 2021.
9. If a fixed route operator does not operate a
route it applied for for 60 consecutive days, it will be suspended from
operating the route and have to return relevant signage to the issuer.
10. The Department of Transport issuing the
business license to an auto transport business has the power to promulgate and
send the route operation suspension decision to the auto transport business and
Department of Transport of the province where the other end of the route is
located, and post the decision on its website.
Article 21. Station announcement
1. A bus station may operate after it is announced
by the Department of Transport of the province or central-affiliated city where
it is located.
2. A cargo station may operate after it is
announced by the enterprise owning/operating it and notified to the Department
of Transport of the province where it is located.
3. Stations shall be announced according to
regulations in national technical regulations on stations.
Article 22. Regulations on management, issuance,
reissuance and revocation of signage
1. Auto businesses granted the business license
shall be issued with the automobile signage suitable to the licensed business
type and according to the following regulations:
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b) Automobiles issued with the “XE CÔNG-TEN-NƠ”
("TRACTOR TRUCK”) signage may transport containers and other cargo.
Automobiles issued with the “XE TẢI” (“TRUCK”) or “XE ĐẦU KÉO” (“TRACTOR UNIT”)
signage may not transport containers.
c) Departments of Transport of the provinces where
the ends of each fixed route are respectively located have the power to issue
the shuttle bus signage to fixed route operators.
2. Validity period of signage
a) Signage granted to a commercial automobile or
shuttle bus is valid for 07 years or for a period requested by the auto
transport business (between 1-7 years) given that the automobile or bus has not
exceeded its service life;
b) For the “XE TUYẾN CỐ ĐỊNH” (“FIXED-ROUTE
AUTOMOBILE”) signage granted to automobiles running extra services, the signage
is valid for 30 days for the automobiles running on Lunar New Year and for 10
days for those running at the time of the national high school graduation
examination.
3. Minimum size of all types of signage is 9 x 10
cm.
4. A signage issuance application consists of:
a) A signage issuance application made using the
form in Appendix V of this Decree;
b) A copy of the automobile registration
certificate or a copy of an appointment form which states the date of receipt
of the automobile registration certificate from the issuer. In case an
automobile does not belong to the auto transport business, a copy of one of the
following documents is required: the written rental contract concerning the automobile
with an organization or individual, or a service contract between a cooperative
and a member thereof, or a business cooperation agreement.
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a) The transport business shall submit an
application to the Department of Transport which has issued its business
license. If the application needs to be amended, the Department of Transport
shall inform the contents to be amended to the applicant directly or in writing
or via the online public services system within 01 working day from the date of
receipt of the application;
b) Within 02 working days from the date of receipt
of the adequate application, the Department of Transport shall issue the
signage to the applying automobiles. If the application is rejected, the
Department of Transport shall explain the reason to the applicant in writing or
via the online public services system.
The Department of Transport shall update the
vehicle tracking data system of the Directorate for Roads of Vietnam, inspect
and only issue signage if the automobile’s tracker meets all requirements on
installation and data transmission.
Applications shall be received and results shall be
informed at the office of the Department of Transport or by post or via other
suitable forms according to regulations. In case an application is submitted
directly or by post, the receiver shall update information in the application
to the online public services system of the Ministry of Transport as regulated.
The Department of Transport shall handle
applications and issue signage on the online public services system of the
Ministry of Transport;
c) The Department of Transport shall inspect the
automobile’s certificate of technical safety and environmental protection on
the system of Vietnam Register to ensure it is qualified for commercial use.
d) The Department of Transport shall inspect the
information on the automobile’s condition on the online public services system
of the Ministry of Transport and the vehicle tracking data system of
Directorate for Roads of Vietnam and proceed as follows:
Issue the signage to the automobile if the
automobile’s information is not available on the system;
If the automobile’s information is available on the
system, the Department of Transport receiving the application shall request the
Department of Transport managing the automobile to confirm and remove the
automobile’s information from the system via the online public services system.
Within 02 working days, the Department of Transport managing the automobile
must reply or provide an explanation if the request is rejected. The Department
of Transport receiving the application shall issue the signage after the
automobile’s information has been removed from the system.
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7.9 Signage may be
reissued after it is revoked. After expiration of the revocation period,
if the transport business wishes to continue operating the automobile
commercially, it shall apply for reissuance of the automobile’s signage
according to regulations. Applications, procedures and competence
concerning signage reissuance are provided for in Clauses 4 and 5 of this
Article.
8.10 Applications,
procedures and competence concerning issuance and reissuance of signage of
tourist automobiles are provided for in the Decree elaborating a number of
Articles of the Law on Tourism.
9. Departments of Transport
shall:
a)11 Issue signage
according to the regulations in this Article and affix signage to automobiles;
b) Not issue signage to automobiles whose driver’s
license or signage is being suspended or revoked by a competent authority;
c) Send the signage revocation decision to
transport businesses and post an update on their websites;
d) Send a notification on signage expiration to
transport businesses after receiving a notification of revocation of such
signage from a competent authority and post an update on their websites.
10. Signage granted to automobiles of a transport
business will be revoked in any of the following cases:
a) When the auto transport business license of the
transport business is revoked by a competent authority, all signage granted to
its automobiles will be revoked;
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c) When a fixed route operator does not operate a
route it applied for 60 consecutive days, all signage granted to automobiles
running the route will be revoked.
11. Departments of Transport shall:
a) Promulgate signage revocation decisions and revoke
signage they issued to transport businesses according to regulations in Clause
10 herein;
b) Send signage revocation decisions to transport
businesses and post updates on their websites;
12. For transport businesses:
a) After receiving a signage revocation decision,
the transport business shall return the signage to the relevant Department of
Transport.
b) The transport business shall not operate an
automobile commercially during the suspension period of its auto transport
business license or the automobile’s signage or after the revocation of the
signage imposed by a competent authority.
13. Data extracted from the system for processing
and use of data from automobile trackers of Directorate for Roads of Vietnam
shall be used to detect violations only once.
14. Minister of Transport shall stipulate signage
specimens and provide guidelines for implementation.
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IMPLEMENTATION
Article 23. Ministry of Transport
1. Finalize management of auto transport operations
according to regulations of this Decree.
2. Formulate and announce list of interprovincial
fixed routes and list of rest stops on national routes; develop software for
fixed route management; provide guidelines for organization, management and
requirements of pick-up and drop-off points of fixed routes and model transport
orders; and for inspection of fulfillment of conditions for automobiles and
drivers and confirmation of such fulfillment in transport orders.
3. Organize application of information technology
in management of auto transport business. Build technological infrastructure
and stipulate connection and sharing of all vehicle tracking data, images,
recordings and long-term records from car cameras, vehicle registration,
training and assessment, and issuance and revocation of driving license between
state agencies.
4. Promulgate national technical regulations on
trackers for automobiles; buses; bus stations and road rest stops.
5. Provide regulations and guidelines for:
a) Software for management of auto transport business
(including management of vehicles and drivers) and online public services;
b) Provision, management and use of information on
transport contracts and transport orders;
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d) Affix information on commercial automobiles;
dd) Organize specialized training on transport and
traffic safety for drivers and staff serving on automobiles;
e) Identification of identical points of departure
and points of arrival for passenger automobile rental business and tourist
transport business.
6. Direct competent authorities to:
a) Inspect and handle violations against the
regulations on auto transport business and conditions for auto transport
business stated in this Decree and other relevant regulations of laws;
b) Cooperate with competent authorities of
regulatory bodies and local governments in providing and exchanging information
on transport activities for specialized management purpose.
7. Cooperate with the Ministry of Planning and
Investment and relevant regulatory bodies in ensuring funding for establishment
and maintenance of data processing systems to apply information technology in
auto transport business management, including a system to process data from
automobile trackers.
8. Stipulate the color of inspection signage of
commercial automobiles.
9.12 Connect and
share data on auto transport business management and data from automobile
trackers with the Ministry of Public Security of Vietnam (Traffic Police
Authority) and Ministry of Finance of Vietnam (General Department of Taxation,
General Department of Vietnam Customs) to cooperate in management.
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Article 24. Ministry of Public Security
1. Inspect and handle violations against the
regulations on auto transport business and conditions for auto transport
business stated in this Decree and other relevant regulations of laws.
2. Connect and share information on administrative
penalties imposed upon auto transport businesses for the Ministry of Transport
to cooperate in management.
Article 25. Ministry of Culture, Sports and
Tourism
Cooperate with provincial People’s Committees to
determine stops for tourist automobiles.
Article 26. Ministry of Science and Technology
1. Take charge in appraisal of national technical
regulations according to regulations in the Law on Standards and Technical
Regulations.
2. Take charge in taximeter inspection. Inspect and
handle administrative violations committed by taximeter inspectors or users as
prescribed by law.
3. Cooperate with the Ministry of Transport in
formulating national standards and national technical regulations on automobile
trackers.
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Article 27. Ministry of Information and
Communications
1. Take charge and cooperate with the Ministry of
Transport in providing guidelines on management of radio frequencies,
information infrastructure, and data service costs for automobile trackers and
other communication devices used to manage and operate the auto transport
business.
2. Cooperate with the Ministry of Transport in
providing regulations and guidelines on software for auto transport business
management and online public services.
3. Take charge and cooperate with the Ministry of
Industry and Trade, Ministry of Public Security and Ministry of Transport in
managing and providing guidelines for the providers of transport marketplace
applications prescribed in Article 35 of this Decree.
Article 28. Ministry of Health
1. Provide regulations and guidelines on health
requirements and health examination facilities for drivers.
2. Take charge and cooperate with the Ministry of
Transport in implementing regulations of laws on medical examination and
treatment for workers of auto transport businesses.
3. Provide regulations and guidelines on first aid
kits on commercial automobiles.
Article 29. Ministry of Labor - War Invalids and
Social Affairs
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2. Cooperate with the Ministry of Transport in
providing guidelines for regulations of laws on benefits offered to persons
with disabilities, the elderly and policy beneficiaries using auto transport
services.
Article 30. Ministry of Finance
1. Provide guidelines for software providers and
auto transport businesses on provision of electronic information applicable to
electronic contracts to ensure management and fulfillment of tax obligation.
2. Provide regulations and guidelines on connecting
data on e-invoices and e-tickets for different types of auto transport
business, and information sharing with the Ministry of Transport for
cooperation in management.
3. Take charge and cooperate with the Ministry of
Transport and relevant regulatory bodies in ensuring funding for maintenance of
data processing systems to apply information technology in auto transport
business management, including a system to process data from automobile
trackers.
Article 31. Ministry of Industry and Trade
1. Provide regulations and guidelines on provision
of e-commerce transport services.
2. Inspect and handle violations against
regulations on provision of e-commerce transport services.
Article 32. Ministry of Planning and Investment
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Article 33. Provincial People’s Committees
1. Direct competent authorities in their provinces
to manage auto transport activities in accordance with this Decree and other
relevant regulations of laws.
2. Formulate vehicle development and management
plans suitable to people’s travel demands and current state of road
infrastructure in their provinces.
3. Provide for management of shuttle buses in their
provinces.
4. Compile and announce lists of provincial fixed
route networks; networks of bus routes running within and near their provinces;
and pick-up and drop-off points in their provinces.
5. Manage operation of transit buses in their
provinces; cooperate with People’s Committees of provinces where bus routes run
through to finalize performance of the tasks prescribed in Clause 3 Article 5
of this Decree; finalize with the Ministry of Transport before operating new
bus routes whose terminus are located in an airport.
6. Perform the following tasks based on the
situation in their provinces:
a) Establish pick-up and drop-off points for taxis
and buses according to regulations in Clause 5 Article 5 and Clause 6 Article 6
of this Decree;
b) Stipulate criteria for and organization and
management of pick-up and drop-off points for rental automobiles and tourist
automobiles located within the city limit;
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d) Establish and manage taxi parking slots in their
provinces.
7. Direct Departments of Transport to announce the
following information on their websites based on interprovincial and provincial
fixed route networks: departing stations, arriving stations, routes; total
number of services, departure time of each service operated, number of services
not operated, interval between successive services; and capacity of bus
stations in their provinces (hourly and daily capacities).
8. Direct installation of surveillance cameras at
fixed locations and along certain roads to control passenger automobiles in
their provinces based on each province’s situation.
9. Direct competent authorities to inspect and
handle violations against regulations on auto transport business and conditions
for auto transport business stated in this Decree and other relevant
regulations of laws in their provinces.
Article 34. Auto transport businesses
1. Auto transport businesses shall comply with
regulations on business and business conditions in the Law on Road Traffic and
in this Decree.
2. Each auto transport business shall obtain a tax
identification number from the tax authority of the locality where its
headquarters or branch is located before its operation begins; and fulfill its
tax obligations as regulated. Members of a cooperative shall fulfill their tax
obligations when participating in an auto transport business.
3. Auto transport businesses shall:
a) Sign labor contracts, pay insurance, organize
periodical health checkups and fulfill their obligations to their workers
(including drivers and staff serving on their automobiles) as prescribed by
occupational laws;
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c) Organize specialized training on transport and
traffic safety for drivers and staff serving on automobiles; provide their
drivers with driver identity cards as regulated;
d) In case 02 or more transport businesses would
like to cooperate to operate a transport business, a cooperation agreement must
be drawn up, which must specify the unit in charge of the automobiles and
drivers to transport passengers and/or goods, the unit deciding the transport
costs and the unit in charge of the tasks in Points a, b and c herein.
4. Apply science and technology and use software to
manage their automobiles and drivers, retain documents, e-tickets and
e-invoices, post information on their automobiles, and receive and process
client’s feedbacks in compliance with applicable law.
5. Transport businesses transporting passengers by
automobiles with at least 09 seats (including driver) or transporting cargo by
tractor trucks or tractor units shall equip their vehicles with cameras and
comply with the following regulations:
a) Images shall be recorded and stored as
prescribed in Clause 2 Article 13 and Clause 2 Article 14 of this Decree;
b) Images from cameras installed on automobiles
must be transmitted between 12-20 times per hour (equivalent to 3-5 minutes per
transmission) to transport businesses and competent authorities as regulated by
the Ministry of Transport, and stored for at least 72 hours after the time of
recording; image data must be provided promptly and accurately and shall not be
modified or falsified before, during or after transmission;
c) Cameras shall be maintained to ensure continuous
image recording and storage as regulated;
d) Accounts used to access servers shall be
provided for the police force (Traffic Police Authority, Traffic Police
Division, Road - Rail Traffic Police Division and Road Traffic Police Divisions
of provinces and central-affiliated cities) and transport authorities (Ministry
of Transport, Directorate for Roads of Vietnam and Departments of Transport)
for state management, inspection and handling of violations as prescribed by
law;
dd) Regulations on information safety for
passenger’s data shall be implemented as per the law.
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7. Transport businesses shall submit reports on
their operations according to regulations.
8.13 From July 01,
2023, auto transport businesses which must install cameras according to
regulations hereof must, upon starting transport business for the first time,
install automobile trackers integrated with cameras for being issued signage.
Automobile trackers integrated with cameras must fully meet regulations in this
Decree.
Article 35. Providers of transport
marketplace applications
1. Entities solely providing transport marketplace
applications (without coordinating automobiles or drivers or deciding transport
costs) must abide by regulations of laws on electronic transactions, other
relevant regulations of laws and the following requirements:
a) Accept and forward transport requests from
clients to transport businesses using their transport marketplace applications;
b) Act as the intermediary to confirm the contents
agreed upon by a transport business and its client, ensuring that these
contents are consistent with the announced transport costs or value of the
concluded contract; transport marketplace applications for taxi businesses must
comply with regulations in Point c Clause 3 Article 6 of this Decree; transport
marketplace applications for passenger automobile rental businesses or tourist
transport businesses must comply with regulations stated in Point a Clause 2
Article 16 herein;
c) Record and send client’s reviews on driver’s
service to transport businesses for them to improve their operation;
d) Ensure safety and confidentiality of data on
passengers, transport businesses and drivers as per the law;
d) Provide transport marketplace applications only
for the licensed auto transport businesses and automobiles issued with
automobile signage that comply with regulations on transport business and
transport business conditions of each type of transport. These applications
shall not be provided for passenger car rental business and tourist transport
business where it will be used to confirm bookings, sell tickets or charge
passengers individually in any shape or form; and the applications shall be
provided for transport businesses to conclude electronic contracts according to
regulations in Clause 2 and Clause 3 Article 7 and Clause 2 and Clause 3
Article 8 of this Decree;
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g) Provide lists of transport businesses using
their software and automobiles and drivers thereof or accounts used to access
the transport marketplace application for competent authorities upon request;
h) Provide the software’s interface and the tools
that are used to coordinate automobiles and drivers and to negotiate and decide
transport costs with clients and renters for transport businesses;
i) Drivers shall have to press only one button to
accept a ride via transport marketplace applications while driving and shall
take multiple steps to accept a ride while their cars are parked;
k) Publish client’s complaint settlement procedures
and possess a complaint storing system.
2. In case the provider of a transport marketplace
application participates in at least one main transport activity (coordinating
automobiles or drivers or deciding transport costs) to transport passengers
and/or goods on the road for profit, it must comply with the regulations on
auto transport business and conditions for auto transport business stated in
this Decree, regulations of laws on electronic transactions and other relevant
laws and satisfy the requirements prescribed in Points c, d, e, i and k Clause
1 of this Article.
CHAPTER VII
IMPLEMENTATION CLAUSES
Article 36. Effect14
1. This Decree takes effect
from April 01, 2020.
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2. Transport businesses granted the business
license prior to the effective date of this Decree may continue to use such
license until its expiration or reissuance.
3. Foreign-invested enterprises issued with a
business license (enterprise registration certificate) or investment
certificate one business line stated in which is road transport business prior
to the effective date of Vietnam's WTO Commitments may continue to operate
their transport businesses.
4. Signage issued to automobiles for internal use
according to the Decree No. 86/2014/ND-CP is annulled from the date on which
this Decree comes into force.
5. Auto transport business licenses and signage
issued to trucking businesses and trucks without direct payment according to
the Decree No. 86/2014/ND-CP are annulled from the effective date of this
Decree; and these businesses and trucks are not required to obtain the auto
transport business license or signage from the effective date of this Decree.
6. Transitional regulations on issuance and use of
signage of commercial automobiles
a) Automobiles running on fixed routes, buses,
taxis, trucks, tractor trucks, tractor units, rental automobiles having at
least 09 seats (including the driver) and tourist automobiles having at least
09 seats (including the driver) whose signage is issued before the effective
date of this Decree may continue to use such signage until its expiration or
reissuance;
b) For rental automobiles having fewer than 09
seats (including the driver) and tourist automobiles having fewer than 09 seats
(including the driver) issued with the signage according to the Decree No.
86/2014/ND-CP, their signage must be reissued according to regulations in this
Decree and affixed on their bodies before July 01, 2021.
For an automobile with fewer than 09 seats
(including the driver) issued with the rental automobile signage before the
effective date of this Decree and using the ride hailing software prescribed in
Clause 3 Article 6 of this Decree, if it wants to operate as a taxi, it must
apply for the taxi signage as regulated.
7. Before December 31, 2021, the transport
coordinators who are mentioned in Clause 4 Article 13 of the Government’s
Decree No. 86/2014/ND-CP and employed by transport businesses granted the
business license prior to the effective date of this Decree must satisfy the
requirement in Point d Clause 1 Article 67 of the 2008 Law on Road Traffic.
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9. Passenger automobiles issued with automobile
signage according to the Decree No. 86/2014/ND-CP must equip safety belts for
all seats and beds before December 31, 2021, excluding provincial buses.
Article 37. Implementating responsibilities
Ministers, heads of ministerial-level agencies,
heads of Governmental agencies, chairpersons of People’s Committees of
provinces and central-affiliated cities and relevant enterprises and
individuals shall implement this Decree./.
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho