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THE MINISTRY
OF TRANSPORTATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 729/1999/QD-BGTVT
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Hanoi, March 24,
1999
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DECISION
PROMULGATING THE REGULATION ON ORGANIZATION
AND MANAGEMENT OF PASSENGER CARS’ ACTIVITIES BY CONTRACTUAL MODE
THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to Decree No. 22/CP of March 22,
1994 of the Government defining tasks, powers, State management responsibility
and organizational structure of the Ministry of Communications and Transport;
With a view to enhancing the State management over the land-road transportation
of passengers and creating an equal business environment for all economic
sectors;
At the proposals of the head of the Vietnam Road Administration and the head of
the Legal Department of the Ministry of Communications and Transport,
DECIDES:
Article 1.- To issue together with this Decision the
"Regulation on organization and management of passenger cars’ activities
by contractual mode".
Article 2.- This Decision takes effect 15 days after its
signing. To annul the earlier regulations which are contrary to this Decision.
Article 3.- The head of the Vietnam Road Administration
shall have to provide guidance for and coordinate with the provincial/municipal
Communications and Transport (Public Works) Services in organizing and
inspecting the implementation of this Decision.
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FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Dao Dinh Binh
REGULATION
ON ORGANIZATION
AND OPERATION OF PASSENGER CARS’ ACTIVITIES BY CONTRACTUAL MODE
(Issued together with Decision No.
729/1999/QD-BGTVT of March 24, 1999 of the Minister of Communications and
Transport)
Chapter I
GENERAL PROVISIONS
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Article 2.- Objects of application and scope of
regulation
- This Regulation shall apply to all
organizations and individuals of all economic sectors, including organizations
and individuals in joint venture or business cooperation with foreign parties,
that operate on the territory of the Socialist Republic of Vietnam and are
permitted by the competent State management agencies to engage in the public
transportation (referred collectively to as transport units) inside and outside
the country (in execution of the land road- transport agreements signed between
the Socialist Republic of Vietnam and other countries).
- Those cars which are not permitted to engage
in public transportation of passengers must not transport passengers by mode of
package hiring contracts.
- Those taxis which operate by contractual mode
shall comply with the provisional regulation on organization and management of
public transportation of passengers by taxis, issued together with Decision
No.2472-QD/GTVT of September 20, 1997 of the Minister of Communications and Transport.
- Those cars which carry tourists under
contracts shall comply with the regulation on the management of tourist
transport by land roads and waterways, issued together with Decision
No.2418/QD-LB of December 4, 1993 jointly by the Ministry of Communications and
Transport and the General Department of Tourism.
Article 3.- In this Regulation, the following terms shall be
construed as follows:
- Cars transporting passengers by contractual
mode (hereafter called contractual cars for short) are transport units’ cars of
4 seats or more (including the driver’s seat), which are engaged in passenger
transportation by mode of package hiring contracts.
- A contract on passenger transport by
contractual mode is a voluntary agreement between the transport unit and the
contractual car hirer or passengers, on the purpose and mode of exercising the
rights and obligations of the contractual parties, such as the place and time
of taking and releasing passengers, the itinerary and transport duration, the
payment of freights, charges for awaiting time and other terms.
- Contractual car passengers are those who use
the contractual car(s) for travelling.
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- Transport units are organizations or
individuals that have their contractual cars hired and have been licensed for
public transportation of passengers by the competent State management agencies.
Chapter
II
ORGANIZATION AND MANAGEMENT OF CONTRACTUAL CARS
Article 4.- Conditions for passenger transport by the mode
of package hiring contracts
4.1. For transport units:
Transport units being enterprises established
lawfully under the provisions of the Law on State Enterprises, the Law on Companies,
the Law on Cooperatives (including cooperatives of different forms specified in
the Model Statute of Communications and Transport Cooperatives issued together
with Decree No.45/CP of April 29, 1997), the Law on Private Enterprises and the
Law on Foreign Investment in Vietnam, or businessmen and business groups that
have capital below the prescribed level and transport means operating under
Decree No.66/HDBT of March 2, 1992 of the Council of Ministers (now the
Government) shall all be entitled to transport passengers by contractual mode.
4.2. For contractual cars:
Contractual cars must all have passenger
transport permits (for domestic transport) or inter-national transport permits
(for overseas transport), issued by the competent State management agency(ies)
in charge of communications and transport.
Contractual cars must meet the technical safety
and environment protection norms set by the Ministry of Communications and
Transport. Contractual cars must always be in the technically-good and safe
conditions and have valid expertise certificates of technical safety and
environment protection.
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The plates "xe chay hop dong" carried
by contractual cars throughout the country shall uniformly have a white
background with red letters of VN TimeH computer font, sized 130-160 (bold),
depending on the transport capacity of each type of car.
4.3. For drivers:
Drivers must all have valid driving licenses
suited to the types of car they drive. Drivers must always carry with them the
passenger transport contract (or the bill of advance freight payment) and the
relevant papers to be shown to the authorities at the latter’s requests.
4.4. For car passengers and hirers:
Car passengers may be a collective of people
from agencies or units or individual(s) wishing to hire car(s) for travelling.
Car passengers or hirers shall have to charter
car(s) for the whole trip (a single or round one) in a transport contract.
Article 5.- Signing and performing contracts
A contract on passenger transport by car signed
between a transport unit and a car hirer or passengers must be a written one
made according to the form set by the Ministry of Communications and Transport.
Article 6.- Freights:
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- The sale of tickets shall not apply to
contractual cars. Upon the completion of a contract, passengers shall receive a
trip payment invoice issued by the Ministry of Finance.
Article 7.- Taking and release of passengers by contractual
cars
- Passengers travelling by contractual cars
shall be picked up and released at places already agreed upon in the contract
or inscribed on the freight collection bill or at places stipulated by the
People’s Committees of the provinces or centrally-run cities.
- When performing a contract, contractual car(s)
is(are) strictly forbidden to take non-contractual passengers along the route
(including the car terminal’s surrounding area).
Article 8.- Scope of activities of contractual cars
- Contractual cars of transport enterprises
established under the Law on State Enterprises, the Law on Companies, the Law
on Cooperatives (including cooperatives of different forms specified in the
Model Statute of Communications and Transport Cooperatives issued together with
Decree No. 45/CP of April 29, 1997), the Law on Private Enterprises and the Law
on Foreign Investment in Vietnam are allowed to operate in certain areas or
throughout the country as permitted by the competent agencies.
- Contractual cars owned by individuals
operating under Decree No. 66/HDBT of the Council of Ministers (now the
Government) shall operate according to Circular No. 19-TT/PC-VT of January 20,
1995 of the Ministry of Communications and Transport.
- The scope of activities of contractual cars on
overseas trips shall comply with the Communications and Transport Ministry’s
Circular guiding the implementation of the Protocol on the execution of land
road transport agreements between Vietnam and the relevant countries.
- Contractual cars shall only be allowed to
carry contractual passengers on the contractual routes. Contractual cars
running in the form of charter contractual routes are strictly forbidden to run
without any specific itineraries.
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9.1. Conditions for being licensed
- Contractual cars must be managed by transport
units and licensed by the competent State management agency(ies) for public
transportation of passengers.
- They must meet the prescribed conditions and
comply with the provisions of Articles 7 and 8 above.
9.2. The dossier of application for the license,
the license’s validity duration and the licensing bodies shall comply with the
regulations issued together with Decision No.1748/QD-GTVT of July 12, 1997 and
Decision No.2076/1998/QD-BGTVT of August 18, 1998 of the Minister of
Communications and Transport (which are amended and supplemented by Decision
No.3292/1998/QD-BGTVT of December 10, 1998).
Where the cars belong to joint ventures, the
joint venture contracts (the notarized copies thereof or the copies plus the
originals for comparison are required).
The issuance of international transport permits
for contractual cars on overseas trips shall comply with the separate guiding
Circular of the Ministry of Communications and Transport.
The application for contractual car passenger
transport permit shall comply with the set form.
Chapter
III
INSPECTION AND HANDLING OF VIOLATIONS
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State agencies with inspection and control
competence shall be entitled to conduct inspection and handle violations by
contractual cars in accordance with the current provisions of law.
Article 11.- All violations of the Regulation on contractual
cars shall be handled in accordance with the provisions of law.
Contractual cars violating this Regulation
shall, apart from being administratively sanctioned according to law, depending
on the seriousness of their violations, have their violations recorded on the
spot, which shall be then addressed to the transport permit-issuing agency for
suspending the issuance of permits thereto for 6 months or 1 year; cases of
recidivism shall be subject not only to administrative sanctions and
record-making but also to the withdrawal of transport permits and suspension of
the permit issuance thereto for 2 years.
Article 12.- The competence for and forms of administrative
sanctions shall comply with the provisions of the Ordinance on Handling of
Administrative Violations, Decree No.80/CP of December 5, 1996 of the
Government stipulating the "organization and operation of communications
and transport inspectorate"; Decree No.49/CP of July 26, 1996 of the
Government stipulating administrative sanctions against violations of traffic
order and safety on land roads and in urban areas (which is amended and
supplemented by Decree No.78/1998/ND-CP of September 26, 1998) and the relevant
provisions.
Chapter
IV
ORGANIZATION OF IMPLEMENTATION
Article 13.- The head of the Vietnam Road Administration
shall have to guide and coordinate with the provincial/municipal Communications
and Transport (Public Works) Services in organizing and inspecting the
implementation of this Regulation.
Article 14.- In the course of implementation, if any
problems arise or if it is necessary to amend or supplement any clauses of this
Regulation, the provincial/municipal Communications and Transport (Public
Works) Services should report them to the Vietnam Road Administration so that
the latter may make a sum-up and further report thereon to the Ministry of
Communications and Transport for study and solution.
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FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Dao Dinh Binh