|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No.
91/2009/ND-CP
|
Hanoi,
October 21, 2009
|
DECREE
ON ROAD TRANSPORT BUSINESS AND BUSINESS CONDITIONS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Road Traffic;
Pursuant to the November 26, 2003 Law on Cooperatives;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the June 14, 2005 Law on Tourism;
Pursuant to the November 29, 2005 Law on Enterprises;
At the proposal of the Minister of Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 2.
Subjects of application
This Decree applies to
organizations and individuals doing or involved in road transport business in
the territory of the Socialist Republic of Vietnam.
Article 3.
Interpretation of terms
In this Decree, the terms below
are construed as follows:
1. Business units means
enterprises, cooperatives or households involved in road transport business.
2. Road transport business means
the use of automobiles for passenger and cargo transport for fares or freight.
Chapter II
ROAD TRANSPORT BUSINESS
Article 4.
Passenger transport on fixed routes
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Fixed routes of passenger
transport include inter-provincial routes and intra-provincial routes. An
inter-provincial route covers a distance of 300 kilometers or longer, departs
from and arrives at terminals of grade 4 (four) or higher.
3. Management of routes covers:
a/ Monitoring and summing up the
number and travel demand of passengers on routes; activities of enterprises and
cooperatives on routes;
b/ Formulating plannings on
route networks and announcing routes;
c/ Approving the opening of
routes, termination of route operation and exploitation, addition or suspension
of operation of means of transport.
4. Route exploitation
a/ Enterprises and cooperatives
may register for the exploitation of announced routes;
b/ Enterprises and cooperatives
may register for the opening of new routes. Trial exploitation may last 6 (six)
months; upon termination of the trial exploitation duration, enterprises and
cooperatives shall report thereon to route management agencies for route
announcement;
c/ Only enterprises and
cooperatives already engaged in trial exploitation may continue with the
exploitation for 12 (twelve) months following the time of route announcement;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The Ministry of Transport
shall provide for the announcement and organization of management of fixed
passenger transport routes in line with their distance and scope of operation.
Article 5.
Passenger transport by bus
1. Passenger transport by bus on
fixed routes with stops for passenger embarkation and disembarkation and buses
running according to operation charts within a city or town, a province or two
adjacent provinces. If a starting or ending point of an adjacent bus route is
in an urban center of special grade, the route must not run beyond 3 provinces
and/or cities, covering a distance not exceeding 60 (sixty) km.
a/ Operation chart: The maximum
frequency will be 30 minutes/trip, for intra-municipal and intra-town routes,
and 45 minutes/trip, for other routes;
b/ The maximum distance between
two successive intra-municipal or intra-town bus stops is 700 m and between two
suburban bus stops is 3,000 m.
2. People's Committees of
provinces or centrally run cities (below referred to as provincial-level
People's Committees) shall promulgate plannings on route networks, construct
and manage infrastructure facilities for bus operation, announce routes, fare
rates and the State's incentive policies on passenger transport by bus in their
localities.
Article 6.
Passenger transport by taxi
1. Passenger transport by taxi
is made with itineraries and schedules requested by passengers; fares are
calculated according to taxi meters based on the number of kilometers of travel
and the waiting duration.
2. Taxis must be affixed on
their tops with the "TAXI" light box, which shall be switched on when
the cabs have no passengers and switched off when the cabs carry passengers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 7.
Passenger transport under contracts
1. Passenger transport under
contracts means the transport of passengers with itineraries and time requested
by passengers, which is carried out under written contracts.
2. Cars must operate under
contracts clearly stating the number of passengers. If cars transport
passengers for a distance of 100 km or longer, a list of passengers is
required. It is forbidden to pick up passengers outside the list enclosed with the
contract and forbidden to sell tickets to passengers onboard.
Article 8.
Road transport of tourists
1. Road transport of tourists
means the transport of passengers according to tourist routes, programs and
sites.
2. When transporting tourists,
drivers shall carry along contracts on transport of tourists or tour contracts
(originals or copies certified by tourist business units), tourist programs and
lists of tourists. It is forbidden to pick up passengers outside the lists and
forbidden to sell tickets to passengers onboard.
Article 9.
Cargo transport
1. For transport of ordinary
cargoes (excluding taxi trucks), when transporting cargoes en route, drivers
shall carry along transport contracts or papers.
2. Cargo transport by taxi
trucks
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Both sides or doors of trucks
must be painted with "TAXI TRUCK," telephone numbers and names of
business units.
3. Transport of extra-long or
extra-heavy cargoes
a/ Transport of extra-long or
extra-heavy cargoes means the use of proper automobiles for transport of
extra-long or extra-heavy cargoes;
b/ When in operation, drivers
shall carry along road use permits;
c/ Business units shall bear
expenses for consolidation of road bridges (if any) at the request of road
management agencies.
4. The transport of dangerous
goods must comply with the Government's Decree prescribing the list of
dangerous goods, the transport of dangerous goods and competence to grant
permits for transport of dangerous goods.
Article 10.
Limit of liabilities of cargo transport businesses to compensate for damaged,
lost or deficient cargoes
1. The compensation for damaged,
lost or deficient cargoes shall be made under transport contracts or agreements
between transport businesses and transport hirers.
2. If transport contracts do not
contain agreement on compensation for cargoes which are damaged, lost or
deficient due to the fault of transport businesses, the compensation level must
not exceed VND 20,000 per kilogram of lost cargo, for unpackaged cargoes, or
VND 7,000,000 per lost package or bale, for packaged cargoes.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ROAD TRANSPORT CONDITIONS
Article 11.
General conditions for road transport
1. Business units must fully
meet the following conditions:
2. To register for road
transport according to law.
3. To ensure the quantity,
quality and life of means of transport suitable to types of business:
a/ Having a business plan
ensuring the time for performance of itineraries, the time for maintenance and
repair to maintain the technical conditions of vehicles;
b/ Having an adequate number of
means of transport under their ownership or lawful rights to use vehicles on
financial lease of financial leasing organizations or hired vehicles of
organizations or individuals with the property leasing function under law.
If registered vehicles are under
cooperative members' ownership,
the economic commitments between cooperative members and
their cooperatives are required, prescribing the rights, liabilities and
obligations of cooperatives to manage and use automobiles under the ownership
of cooperative members.
The quantity of means must suit
the business plan.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ They must go through
technical safety and environmental protection inspection under regulations.
3. Means of transport must have
itinerary supervision devices as provided for in Article 12 of this Decree.
4. Drivers and attendants:
a/ Drivers and attendants must
possess written labor contracts signed with business units; drivers must not be
persons being in the period of professional practice ban under law; taxi
drivers, bus drivers and attendants must be trained and instructed in passenger
transport and traffic safety under regulations of the Ministry of Transport.
b/ Business units shall arrange
adequate drivers and attendants in conformity with their business plans and
regulations; passenger cars of 30 or more seats must have attendants onboard.
5. Persons directly
administering transport activities of enterprises or cooperatives (who hold any
of the following posts: director, deputy director, cooperative manager or
deputy manager, head of transport administration section) must fully satisfy
the following conditions:
a/ Possessing the professional
qualifications of intermediate level in transport or a collegial or university
degree in other disciplines;
b/ Having participated in
transport management at road transport enterprises or cooperatives for 3
(three) years or more;
c/ Having adequate necessary
time with proof for direct administration of transport activities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Transport units shall arrange
adequate areas for car parking in accordance with their respective business
plans;
b/ Units' car parking areas may
belong to their ownership or be rented under contracts:
c/ Car parking places must meet
the requirements on traffic order and safety, fire and explosion prevention and
fighting and on environmental sanitation.
7. Enterprises and cooperatives
engaged in passenger transport on fixed routes, by bus or taxi must satisfy the
following additional conditions:
a/ Being organized with sections
for management of traffic safety conditions;
b/ Registering the passenger
transport service quality with route management agencies, including the quality
of means of transport; the professional qualifications of service attendants;
plans on transport organization; benefits of passengers; services provided for
passengers during journeys: and commitment to ensure service quality.
Article 12.
Devices for vehicle itinerary supervision
1. Units engaged in passenger
transport by car on fixed routes, by bus. in passenger transport under
contracts, in transport of tourists and cargo container transport must install
devices to supervise vehicle itineraries and maintain their good technical
conditions.
2. Vehicle itinerary supervision
devices must satisfy the following minimum requirements:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Information from vehicle
itinerary supervision devices will be used as documents for management of
transport units' activities and supplied to competent state management agencies
upon request.
3. Schedule for installation of
itinerary supervision devices:
a/ By July 1, 2011, passenger
cars on fixed routes of 500 km or more, tourists transport cars and cargo
container trucks must be installed with itinerary supervision devices;
b/ By January 1, 2012, passenger
cars on fixed routes of 300 km or more, buses and contracted passenger cars
must be installed with itinerary supervision devices;
c/ By July 1, 2012, the vehicles
defined in Clause 1 of this Article must be installed with itinerary
supervision devices.
Article 13.
Conditions for passenger transport on fixed routes
1. All the conditions specified
in Article 11 of this Decree.
2. The life of cars of 10 seats
or more (including driver's) must not exceed:
a/ For a distance of over 300
km: 15 years, for cars manufactured for passenger transport: 12 years, for cars
converted from vehicles of other types into passenger cars before January 1,
2002.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 14.
Conditions for passenger transport by bus
1. All the conditions defined in
Article 11 of this Decree.
2. Buses must contain 17 seats
or more and flooring space for standing passengers, and be designed in
accordance with the standards set by the Ministry of Transport.
3. Buses must be within the
useful life specified at Point b. Clause 2. Article 13 of this Decree; and be
painted in colors registered with the route management agencies.
Article 15.
Conditions for passenger transport by taxi
1. All the conditions defined in
Article 11 of this Decree.
2. Taxis must each contain 9
seats or less (including driver's).
3. The useful life of taxis must
not exceed 12 years.
4. Taxis must be installed with
meters for fare calculation by kilometers traveled and waiting duration, which
are inspected and lead-sealed by a competent agency; and be painted in
registered uniform colors and with logos of enterprises or cooperatives and
telephone numbers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 16.
Conditions for passenger transport by contracted cars and tourist cars
1. All the conditions defined in
Article 11 of this Decree.
2. The useful life of contracted
cars must comply with Point b, Clause 2, Article 13 of this Decree.
3. The useful life of tourist
cars must not exceed 10 years.
4. Apart from the provisions of
this Decree, tourist transport must also comply with relevant legal provisions
on tourism.
Article 17.
Conditions for cargo container transport business
Only enterprises or cooperatives
fully meeting the conditions defined in Article 11 of this Decree can conduct
cargo container transport business.
Chapter IV
GRANT OF ROAD TRANSPORT
BUSINESS LICENSES
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Licensees: Units conducting
passenger transport or cargo container transport business.
2. Details of a license include:
a/ Name and address of business
unit;
b/ Business registration
certificate (serial number, date of issue, issuing agency);
c/ Lawful representative;
d/ Type of business;
e/ Validity of the license;
f/ Licensing agency.
3. A license is valid for 7
years.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The Ministry of Transport
shall specify the management, competent licensing agencies, forms of licenses,
and forms and validity of insignias and signboards.
Article 19.
Dossiers of application for licenses
1. For enterprises and
cooperatives:
a/ An application for a license
(or application for change of the details of the license), made according to a
form promulgated by the Ministry of Transport;
b/ A valid copy of the business
registration certificate;
c/ A valid copy of the
car-parking land use right certificate or the car-parking land leasing
contract;
d/ Valid copies of diplomas and
certificates of persons directly administering the transportation;
e/ The business plan;
f/ The list of vehicles,
enclosed with copies of vehicle registration papers (or valid copies of the
financial leasing contract: property leasing contract; economic commitment, for
cases defined at Point b. Clause 2, Article 11 of this Decree) and technical
safety and environmental protection certificates;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
For enterprises and cooperatives
doing business in passenger transport by taxi, the dossier on the installation
of equipment for communications between control centers and taxis, which have
registered for radio frequency use with a competent agency, are additionally
required.
For enterprises and cooperatives
doing business in cargo container transport, the document defining the
functions and tasks of the traffic safety monitoring section, the contract on
and test record of the installation of vehicle itinerary supervision devices
are additionally required.
2. For business households:
a/ An application for a license
(or application for change of the details of the license), made according to a
form promulgated by the Ministry of Transport;
b/ A valid copy of the business
registration certificate:
c/ A valid copy of the car-parking
land use right certificate or the car-parking land leasing contract:
d/ The list of vehicles,
enclosed with the copies of vehicle registration papers (or valid copy of the
property leasing contract as defined at Point b. Clause 2. Article 11 of this
Decree), and technical safety and environmental protection certificates;
e/ The test record of the
installation of vehicle itinerary supervision devices.
Article 20.
Receipt and appraisal of dossiers and grant of licenses
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Dossiers of application for
licenses may be sent by mail or submitted in person by representatives of
business units to licensing agencies, which will receive the dossiers and issue
receipts to the submitters;
b/ If the dossiers received by
mail are incomplete or invalid, the licensing agencies shall clearly notify the
contents to be supplemented or modified within 5 working days after the receipt
thereof; for dossiers directly received, the dossier recipients shall check
them and clearly notify the submitters of contents to be supplemented or
modified.
2. Within 15 working days after
the receipt of complete and valid dossiers, the licensing agencies shall
appraise the dossiers and grant licenses. If refusing to grant licenses, they
shall give written replies clearly stating the reasons.
3. In case of change of business
conditions related to the details of their licenses, business units shall
submit dossiers of application for such change for the re-grant of licenses.
Article 21.
Revocation of licenses
1. Business units may have their
licenses revoked in any of the following circumstances:
a/ Breaching the business
conditions, seriously affecting the transport service quality and safety;
b/ Being detected to have
deliberately inserted falsified information into the dossiers of application
for licenses;
c/ Failing to conduct transport
business within 6 months after obtaining the license or ceasing transport
business for 6 consecutive months;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e/ Going bankrupt or being
dissolved.
2. The licensing agencies shall
revoke the licenses they have issued. After the issuance of decisions on
withdrawal of licenses, the licenses will become invalid and the business units
shall return them to the agencies which have issued them.
Chapter V
STATE MANAGEMENT
RESPONSIBILITIES
Article 22.
The Ministry of Transport
1. To perform the unified
management of road transport activities under this Decree.
2. To promulgate regulations on
technical properties and organize the inspection of vehicle itinerary
supervision devices.
3. To direct, guide and organize
the implementation of this Decree.
4. To inspect and examine the
implementation of regulations on road transport business and business
conditions under this Decree and other relevant laws.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
To assume the prime
responsibility for, and coordinate with the Ministry of Transport in, guiding
the collection of fares, freight and fees related to road transport activities and
road transport support services.
Article 24.
The Ministry of Culture, Sports and Tourism
To assume the prime
responsibility for, and coordinate with the Ministry of Transport in. guiding
the management of road transport of tourists under this Decree and other
relevant laws.
Article 25.
The Ministry of Science and Technology
1. To coordinate with the
Ministry of Transport in defining the technical properties of vehicle itinerary
supervision devices.
2. To organize the inspection of
taxi meters.
Article 26.
The Ministry of Information and Communications
To assume the prime
responsibility for, and coordinate with the Ministry of Transport in, guiding
the management of the use of radio frequencies and vehicle itinerary
supervision devices.
Article 27.
Provincial-level People's Committees
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. To provide for the levels,
collection and use of fees for the grant of road transport licenses and other
fares, charges and fees related to road transport activities and road transport
support services under the Ministry of Finance's guidance.
Chapter VI
ORGANIZATION OF
IMPLEMENTATION AND IMPLEMENTATION PROVISIONS
Article 28.
Examination of the implementation of business conditions by business units
1. Transport business units are
subject to the examination of the observance of road transport and condition
regulations of competent agencies.
2. Forms of examination:
a/ Annual examination;
b/ Extraordinary examination
upon complaint, denunciation or detection of signs of disobeying regulations on
road transport business and business conditions.
3. The Minister of Transport and
chairpersons of provincial-level People's Committees shall direct functional
agencies to organize the examination of the observance of business conditions
by business units.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. This Decree takes effect on
December 15, 2009, and replaces the Government's Decree No. 110/2006/ND-CP of
September 28, 2006, on road transport conditions.
2. Buses operating before the
effective date of this Decree but failing to meet the requirements defined in
Clause 3, Article 14 of this Decree may operate until the end of their
prescribed life.
3. Business units defined in
Clause 1, Article 18 of this Decree which do business in road transport before
the effective date of this Decree must complete the procedures for obtaining
licenses before July 1, 2010.
Article 30.
Implementation responsibilities
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, chairpersons
of provincial-level People's Committees, and concerned enterprises and
individuals shall implement this Decree-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung