Decree No. 10/2020/ND-CP by-automobile transport business and its conditions

DECREE

Providing by-automobile transport business and its conditions^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 13, 2008 Law on Road Traffic;

Pursuant to the November 26, 2014 Law on Investment and the November 26, 2016 Law Amending and Supplementing Article 6 of, and Appendix 4 on the List of sectors and trades subject to conditional business investment to, the Law on Investment;

At the proposal of the Minister of Transport,

The Government promulgates the Decree providing by-automobile transport business and its conditions.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree provides by-automobile transport business and its conditions and the grant and revocation of by-automobile transport business licenses, badges and signboards; and car station announcement.

Article 2.Subjects of application

This Decree applies to organizations and individuals conducting or involved in by-automobile transport business.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Transport business units include enterprises, cooperatives and households doing by-automobile transport business.

2. By-automobile transport business means the performance of at least one of the main stages of transport activities (directly managing cars and drivers or determining fares) to transport passengers or goods on roads for profit.

3. Fixed route means a passenger transport route announced by a competent agency, and is determined by itinerary and schedule, station of departure and station of destination (starting point and ending point for bus routes).

4. Passenger transport business along a fixed route means the by-automobile passenger transport business in which a station of departure and station of destination are determined with a specific schedule and itinerary.

5. By-bus passenger transport business along a fixed route means the by-automobile passenger transport business with stopping points for passenger pick-up and drop-off and buses running according to an operation chart with a certain distance and scope of operation, including intra-provincial and inter-provincial bus routes, specifically as follows:

a/ An intra-provincial bus route means a bus route operating within a province or centrally run city;

b/ An inter-provincial bus route means a bus route operating within two or three provinces and centrally run cities.

6. By-taxi passenger transport business means the use of automobiles with a capacity of under 9 seats (including the driver) to transport passengers according to schedules and itineraries requested by passengers; using a meter to calculate the fare of a trip or using a software to book a car, cancel a trip, calculate the trip fare and connect directly with passengers via electronic devices.

7. Contracted passenger transport business without a fixed route means the by-automobile passenger transport business conducted according to written or electronic passenger transport contracts (below referred to as transport contracts or electronic contracts) between the unit conducting contracted passenger transport business and transport hirers that wish to hire a whole trip (including the  driver).

8. By-automobile tourist transport business conducted under written or electronic transport contracts or travel contracts between units conducting by-automobile tourist transport business and transport hirers that wish to hire a whole trip (including the driver) to transport tourists according to tour programs.

9. Passenger transit means a free transport activity organized by enterprises and cooperatives conducting the business of passenger transport along fixed routes by automobiles with a capacity of 16 seats or under (including the driver) to pick up and drop off passengers of their fixed transport routes to passenger stations or pick-up and drop-off places of their fixed routes in the localities of both ends of a route.

10. Design load of an automobile means the maximum number of people and maximum volume of goods an automobile can carry as designated by the manufacturer.

11. Allowable load of an automobile means the maximum number of people and maximum volume of goods an automobile is permitted to carry, which must not exceed the design load of the automobile when running on roads according to regulations.

12. Passenger car station means a road transport infrastructure facility functioning to serve automobiles’ passenger pick-up and drop-off and providing services supporting passenger transport.

13. Freight car station is a road transport infrastructure facility functioning to serve automobiles’ goods loading and unloading and providing services in support of goods transport.

14. Roadside station means a road transport infrastructure facility functioning to serve people and vehicles upon stop and rest in the course of traveling on roads.

15. Departure time of a car is the time when an automobile must leave the passenger car station.

16. Operation itinerary is the path of a car on a specific route, determined by the starting point, the ending point and the stopping and parking points on the route.

17. Operation schedule is the schedule a car runs from the time of departure to the end of the itinerary, in which there are timelines corresponding to certain stops on the itinerary.

18. Operation chart is a collection of itineraries and schedules of cars’ cycles in a given period of time.

19. Application software supporting transport connection is an application software providing connection protocols between transport business units or drivers and passengers or transport hirers; all connection activities take place digitally.

20. Directly managing vehicles and drivers means an organization or individual assigning drivers to drive vehicles to transport passengers or goods via an application software supporting transport connection or under transport orders or contracts or transport documents.

Chapter II

PROVISIONS ON BY-AUTOMOBILE TRANSPORT BUSINESS

Article 4.By-automobile passenger transport business along fixed routes

1. An enterprise or a cooperative having a by-automobile passenger transport business license covering the type of the business of passenger transport along fixed routes may register to operate along routes as prescribed in Article 20 of this Decree.

2. A fixed route must start and end at passenger car stations of types from 1 to 6. For deep-lying and remote areas and areas with difficult socio-economic conditions where there is no passenger car station of a type from 1 to 6, the passenger transport along fixed routes may start and end at passenger car stations of a type below 6.

3. Contents of route management

a/ Developing, adjusting, supplementing and publicizing the list of the route network;

b/ Announcing the route operation charts and updating to the list of the route network the following contents: maximum number of cars permitted to operate on the route, minimum interval, departure time of cars already operated by business units; and list of business units currently operating the route; building and announcing stopping points for picking up and dropping off passengers on the route;

c/ Monitoring and summarizing results of transport activities of enterprises, cooperatives and car stations along the route; making statistics on passenger volume.

4. Requirements for automobiles used for passenger transport business along fixed routes:

a/ Having priority seats for persons with disabilities, the elderly and pregnant women;

b/ Having a “XE TUYEN CO DINH” (Fixed route car) badge affixed to the right side of the inside of the front windshield;

c/ Having all required information fully displayed.

5. Automobiles used to transit passengers must have a “XE TRUNG CHUYEN” (Transit car) badge affixed to the right side of the inside of the front windshield; and must have all required information fully displayed.

6. Provisions on activities to increase vehicles to transport more passengers on fixed routes

a/ Increasing vehicles on Lunar New Year and other holidays and days of national upper secondary school examinations and university and college entrance examinations: Enterprises and cooperatives that operate a fixed route shall, based on the transport demand, reach agreement with passenger car stations to make plans to increase vehicles on the route; report to the provincial-level Departments of Transport on two ends of the route to summarize information and issue a general implementation plan;

b/ Increasing vehicles on weekends (Fridays, Saturdays and Sundays) when the number of passengers suddenly increases: Enterprises and cooperatives that operate a fixed route shall, based on the transport demand, reach agreement with passenger car stations to make plans to increase vehicles on the route; notify to the provincial-level Departments of Transport of the localities on two ends of the route to implement them within a year. Based on the plan on increasing vehicles already notified to the provincial-level Departments of Transport of the localities on the two ends of the route and real volume of passengers at car stations, the car stations shall certify the number of increased vehicles in transport orders of enterprises and cooperatives that operate such route for implementation. The increased vehicles are those granted “XE TUYEN CO DINH” (Fixed route car) or “XE HOP DONG” (Contracted car) badges or “XE O TO VAN TAI KHACH DU LICH” (Tourist car) signboards which remain valid.

7. Passenger car station business units shall provide transport support services for enterprises and cooperatives conducting the business of passenger transport along fixed routes in accordance with signed contracts; and check the eligibility of  cars and drivers and give certification in transport orders; and only allow passenger cars to depart when they fully meet required conditions.

8. Before July 1, 2020, car stations of types from 1 to 4, or before July 1, 2021, other car stations must use a passenger car station management software to manage activities of cars that enter or exit car stations and provide information (including name of car station; name of transport enterprise or cooperative; full name of driver; license plate number; route of operation; departure time; and real number of passengers upon exit) in transport orders of each car operating at car stations to the Directorate for Roads of Vietnam. From July 1, 2022, before their cars depart from a car station, enterprises and cooperatives conducting by-automobile passenger transport business along fixed routes shall provide contents (including name of car station; name of the transport enterprise or cooperative; full name of driver; license plate number; route of operation; departure time; and real number of passengers upon exit) in transport orders via the Ministry of Transport’s software.

Article 5.By-bus passenger transport business along fixed routes

1. An enterprise or a cooperative having a by-automobile passenger transport business license covering the type of the business of by-bus passenger transport along fixed routes may participate in bidding for or place an order to operate bus routes in the announced list of the route network.

2. Requirements for buses used for passenger transport business

a/ Having priority seats for persons with disabilities, the elderly, and pregnant women;

b/ Having a “XE BUYT” (Bus) badge affixed to the right side of the inside of the front windshield; and having all required information displayed;

c/ Having a capacity of 17 seats or more. The layout and number of seats and standing place for passengers and other technical specifications for buses must comply with technical regulations promulgated by the Ministry of Transport. For the business of by-bus passenger transport along routes with a compulsory itinerary of crossing bridges with a vehicle weight limit of 5 tons or with more than 50% of the itinerary moving on roads of grade IV or lower grade (or urban roads with a cross-section of 7 meters or less), automobiles with a capacity of between 12 seats and fewer than 17 seats may be used.

3. Contents of route management:

a/ Developing, adjusting, supplementing and publicizing the list of the route network; operation charts along routes, fares (for subsidized routes) and the State’s support policies to encourage the development of public transport bus services in localities;

b/ Regulating and organizing bidding for and placement of orders to operate bus routes in the list of the route network;

c/ Building, maintaining and managing infrastructure facilities serving bus operation; deciding on technical criteria, locations of starting points, ending points and stops of bus routes in localities;

d/ Monitoring and summarizing results of transport activities of enterprises and cooperatives operating bus routes; making statistics on passenger volume.

4. Before July 1, 2022, enterprises and cooperatives conducting the business of by-bus passenger transport shall provide information (including name of transport enterprise or cooperative; full name of driver; license plate number; route of operation; departure time) in transport orders of each bus via the Ministry of Transport’s software.

5. Buses shall be given priority to have stopping and parking points to pick up and drop off passengers at car stations, railway stations, airports, seaports, tourist resorts, tourist sites, tourist accommodation establishments, tourist attractions, cultural and sports sites, shopping centers, transport hubs and places connected with other modes of transport; and be prioritized to operate when organizing traffic in urban areas.

Article 6.By-taxi passenger transport business

1. Requirements for automobiles used for by-taxi passenger transport business

a/ Having a “XE TAXI” (Taxi) badge affixed to the right side of the inside of the front windshield; and having all required information displayed;

b/ Having the words “XE TAXI” that are made by reflective material displayed on (affixed to) the front and rear windshields. The minimum size of the place for words “XE TAXI” must be 06 cm x 20 cm.

A light box may be optionally installed with the word “TAXI” on the top of the automobile. Such light box must have the minimum size of 12 cm x 30 cm.  Automobiles having such a light box are not required to have the words “XE TAXI” displayed on (affixed to) the front and rear windshields;

c/ For automobiles used in passenger transport business and having 70% or more of the total operating time a month in a locality, they must use a badge of such locality. The counting of the total operating time shall be based on data of the automobile’s tracking device.

2. For taxis installed with a taximeter

a/ On taxis, there must be a taximeter which has been tested and lead-sealed by a competent measurement agency, and an invoice/receipt-printing device connected with the taximeter in the taxi; the taximeter and printing device shall be placed at positions easy for passengers to read; drivers shall print out invoices/receipts and hand them to passengers when the trip ends;

b/ An invoice/receipt must contain at least the following information: name of transport business unit, license plate number, distance of the trip (km) and total amount of money that a passenger has to pay.

3. For taxis using a software to book a car, cancel a trip and calculate the trip fare (below referred to as cash register software)

a/ On taxis, there must be a device directly connecting with passengers to book a car and cancel a trip;

b/ Trip fares shall be calculated according to the distance determined on the digital map;

c/ The cash register software must comply with the law on e-transactions; its interface for passengers must show the name or logo of the transport business enterprise or cooperative and must show to passengers before taking a trip at least the following contents: name of the transport business unit, full name of driver, license plate number, itinerary, distance (km), total amount of money that a passenger has to pay and the hotline for receiving passengers’ complaints.

4. At the end of the trip, an enterprise or a cooperative using a cash register software shall send (via the software) an electronic invoice/receipt of the trip to the passenger and, at the same time, send information of such invoice/receipt to the tax office in accordance with regulations of the Minister of Finance.

5. Before conducting by-taxi passenger transport business, an enterprise or a cooperative shall send a notice of the payment method used on its taxis to the provincial-level Department of Transport which has granted its business license.

6. Taxis shall be prioritized to have stopping and parking points to pick up and drop off passengers at car stations, railway stations, airports, seaports, tourist resorts, tourist sites, tourist accommodation establishments, tourist attractions, cultural and sports sites and shopping centers; and be given priority to operate when organizing traffic in urban areas.

Article 7.Contracted passenger transport business

1. Requirements for automobiles used in contracted passenger transport business

a/ Having a “XE HOP DONG” (Contracted vehicle) badge affixed to the right side of the inside of the front windshield; and having all required information displayed;

b/ Having the words “XE HOP DONG” that are made by reflective material displayed on (affixed to) the front and rear windshields. The minimum size of the words “XE HOP DONG” must be 06 cm x 20 cm;

c/ Complying with Point c, Clause 1, Article 6 of this Decree.

2. A transport contract shall be negotiated and signed between the contracted passenger transport business unit and a transport hirer that wishes to hire a whole trip (including the driver) before conducting the trip.

3. Contracted passenger transport business units and drivers:

a/ To only sign transport contracts with transport hirers that wish to hire a whole trip (including the driver); to only pick up and drop off passengers at the places designated in the signed transport contracts;

b/ Not to collect or pick up passengers outside the list attached to the signed contract provided by the transport business unit; neither to confirm the reservation of each passenger, nor to sell tickets to or collect money from each passenger in any form; not to set fixed itineraries and schedules to serve many passengers or different transport hirers;

c/ Not to regularly pick up and drop off passengers on a daily basis at the head office, branch office, representative office or another fixed location hired or commercially operated under a cooperation contract by the transport business unit;

d/ Within a month, each car may not conduct more than 30% of the total number of its trips with the overlapping starting point and ending point. Such a point may be at one place or at many places on the same street (road) or lane (alley) in an urban area. The identification of overlapping starting and ending points shall be based on data of the car’s itinerary tracking device and the signed transport contract.

4. When transporting passengers, in addition to papers to be carried along according to the Law on Road Traffic, a driver must also comply with the following provisions:

a/ To carry the written transport contract signed by the transport business unit (except the case prescribed at Point c of this Clause);

b/ To carry the list of passengers bearing the seal of the transport business unit (except the case prescribed at Point c of this Clause);

c/ In case of use of an electronic contract, a driver must have a device to access electronic contract contents and the list of passengers provided by the transport business unit;

d/ Points a, b and c of this Clause do not apply to drivers  performing a transport contract for a wedding or funeral.

5. Before transporting passengers, a contracted transport business unit shall fully provide the minimum contents of the transport contract as prescribed in Clause 2 (except Points e and g), Article 15 of this Decree in writing or via email to the provincial-level Department of Transport which has granted its transport business license. From January 1, 2022, contracted passenger transport business units shall fully provide the minimum contents of the transport contract via the Ministry of Transport’s software.

6. Contracted passenger transport business units and drivers that transport pupils, students, employees and workers to schools or workplaces

a/ Before performing the contract, a transport business unit shall notify once the minimum contents of the contract as prescribed in Clause 2 (except Points e and g), Article 15 of this Decree; and notify any changes in the itinerary, time of transport or stopping, parking, pick-up and drop-off places;

b/ To transport the right people (pupils, students, employees and workers to schools or workplaces) without having to comply with Points c and d, Clause 3; Points b and c, Clause 4; and Clause 5, of this Article.

7. Except emergency medical services or other emergency tasks such as natural disaster and enemy sabotage combat as required by functional forces, automobiles used in contracted passenger transport may not pick up and drop off passengers at places other than those specified in the contracts.

8. Provincial-level Departments of Transport shall notify the list of automobiles which have been granted contracted car badges to commune-level People’s Committees of localities where the head offices of the transport business units or their branches are based for coordinated management.

Article 8.By-automobile tourist transport business

1. Requirements for automobiles used in tourist transport business

a/ Having a “XE O TO VAN TAI KHACH DU LICH” (Tourist car) signboard affixed to the right side of the inside of the front windshield; and having all required information displayed;

b/ Having the words “XE DU LICH” (Vehicle for tourism) that are made by reflective material displayed on (affixed to) the front and rear windshields. The minimum size of the words “XE DU LICH” must be 06 cm x 20 cm;

c/ Complying with Point c, Clause 1, Article 6 of this Decree.

2. A transport contract or travel contract shall be negotiated and signed between the by-automobile tourist transport business unit and transport hirer that wishes to hire a whole trip (including the driver) before conducting the transport.

3. By-automobile tourist transport business units, travel business units and drivers

a/ To only sign transport contracts with transport hirers that wish to hire a whole trip; to only pick up and drop off passengers at places designated in the signed transport contracts;

b/ Not to collect or pick up passengers outside the list attached to the signed contract provided by the transport business unit; not to confirm the reservation of each passenger, neither to sell tickets to nor collect money from each passenger in any form;

c/ In case a transport business unit uses automobiles to transport tourists whose starting and ending points are not located within a province or centrally run city, not to regularly pick up and drop off passengers on a daily basis at its head office, branch office, representative office or at another fixed place hired or commercially operated under a cooperation contract by the transport business unit;

d/ Within a month, each tourist transport business automobile having starting and ending points not located within a province or centrally run city may not conduct more than 30% of the total number of its trips with the same starting point and ending point. Such a point may be one place or many places on the same street (road) or lane (alley) in an urban area. These starting and ending points shall be identified based on data of the automobile’s itinerary tracking device and the signed transport contract.

4. When transporting tourists, in addition to papers required to be carried according to the Law on Road Traffic, a driver must also comply with Points a, b and c, Clause 4, Article 7 of this Decree.

5. Before transporting tourists, a tourist transport business unit must comply with provisions of Clause 5, Article 7 of this Decree.

6. Automobiles used in tourist transport business shall be prioritized to have stopping and parking points to pick up and drop off tourists and serve  sightseeing and tourism activities at airports, seaports, railway stations, car stations, tourist resorts, tourist sites and tourist accommodation establishments; be permitted to operate without time-based restrictions along traffic routes leading to tourist sites, tourist accommodation establishments and tourist service points in accordance with regulations of local administrations.

7. Except for emergency medical services or other emergency tasks such as natural disaster and enemy sabotage combat as required by functional forces, automobiles used for tourist transport may not pick up and drop off passengers at places other than those specified in the contracts.

8. Provincial-level Departments of Transport shall notify the list of automobiles which have been granted tourist car signboards to commune-level People’s Committee of localities where the head offices or branch offices of transport business units are based for coordinated management.

Article 9.By-automobile goods transport business

1. Goods transport by taxi truck means the use of automobiles with a load of 1,500 kg or less to transport goods for which the transport hirer shall pay the driver an amount of money based on the taximeter or cash register software on the automobile. On the two outer sides or doors of an automobile shall be displayed the words “TAXI TAI” (Taxi truck), contact phone number and name of transport business unit.

2. Oversize or overweight goods transport business

a/ Oversize or overweight goods transport business means the use of appropriate automobiles to transport types of goods which have a size or weight exceeding the allowable limit but cannot be disassembled;

b/ When transporting oversize or overweight goods, a driver shall carry a valid circulation permit (road use permit) granted by a competent agency.

3. Dangerous goods transport business is the use of automobiles to transport goods containing dangerous substances which can cause harms to human life and health, the environment, safety or national security. An automobile used in dangerous goods transport business must have a dangerous goods transport permit granted by a competent agency.

4. Containerized goods transport business means the use of tractors with trailers or semi-trailers to transport containers.

5. Ordinary goods transport business means the form of goods transport business other than the transport business forms defined in Clauses 2, 3 and 4 of this Article.

6. An automobile used in containerized goods transport business must have a “XE CONG-TEN-NO” (Container car) badge; a trailer or semi-trailer used in goods transport business must have a “XE DAU KEO” (Trailer) badge; a truck used in ordinary goods transport business and a taxi truck must have a “XE TAI” (Truck) badge affixed to the right side of the inside of the front windshield; and must have all required information displayed under the guidance of the Minister of Transport.

7. Goods transport business units shall take responsibility for loading goods onto their automobiles under the guidance of the Minister of Transport.

8. A goods transport business unit shall provide its drivers with transport papers in the course of transport of goods on roads. A transport paper must bear the certification (signature and full name) of the volume of goods loaded onto the vehicle of the goods owner (or a person authorized by the goods owner) or a representative of the unit or individual that has loaded the goods.

9. When transporting goods, a driver shall carry a transport paper or must have a device to access the software showing contents of the transport paper and papers of the driver and vehicle as prescribed by law. Transport business units and drivers may not transport goods in excess of the allowable volume on roads.

10. The transport of bicycles, motorbikes, motorcycles and similar vehicles through road tunnels must comply with Clause 5 of this Article.

11. A written or electronic transport paper may be issued by goods transport business units themselves and must contain at least the following information: name of transport unit; license plate number; name of transport hiring unit or person; itinerary (starting and ending points); contract number, date of signing of the contract (if any); and type and weight of goods transported on the vehicle. From July 1, 2022, before transporting goods, goods transport business units shall fully provide the minimum contents of the transport paper via the Ministry of Transport’s software.

Article 10.Liability limit of goods transport businesspeople in compensation for damaged, lost or deficient goods

1. Compensation for damaged, lost or deficient goods shall be made under transport contracts or agreements between transport businesspeople and transport hirers.

2. In case the compensation cannot be made according to Clause 1 of this Article, it shall be made according to the court’s or arbitration’s judgment.

Article 11.Assurance of traffic safety in by-automobile transport business

1. Transport business units, passenger car stations and freight car stations shall formulate and implement a process to ensure traffic safety.

2. A process to ensure traffic safety must contain the following contents:

a/ For transport business units: To follow and monitor the operation of drivers and vehicles throughout the course of transport business; to check the traffic safety conditions of automobiles and drivers before starting an itinerary (for by-taxi passenger transport business units, to check according to their production and business plans); to comply with the regulations on the continuous driving time and the working time within a day of a driver; the regime of maintenance and repair of automobiles used for transport business; inspection and monitoring of the operation of automobiles and drivers during an itinerary; to have a control plan to ensure no passengers on the vehicle when ending an itinerary (for vehicles used in passenger transport business); training in transport and traffic safety skills for drivers; to have a plan for handling traffic accidents in the course of transport business; the reporting regime on traffic safety for drivers and transport operators;

b/ For business units operating passenger and freight car stations: To check traffic safety conditions of automobiles, drivers, goods and luggage of passengers before leaving the stations; regulations on inspection and monitoring of the operation of automobiles and drivers within the areas of the stations; and regulations on traffic safety reporting.

3. Transport business units

a/ To use vehicles for transport business which must meet the roadworthiness requirements as prescribed in Clauses 1 and 3, Article 53; and Clauses 2, 3 and 5, Article 55, of the Law on Road Traffic; to have seat belts at all seats or beds (except intra-provincial buses) and instructions for passengers about traffic safety and emergency exit when incidents occur on vehicles;

b/ Not to use cars with double-deck beds to operate on mountainous roads of grades V and VI;

c/ To employ drivers who have at least 2 years’ experience in operating passenger cars with a design capacity of 30 seats or more (including the driver) to drive cars with double-deck beds;

d/ To write and fully update prescribed contents on the operation process of the vehicles and drivers to the vehicles’ and drivers’ operation records. From July 1, 2022, the update shall be implemented via the by-automobile transport business management software of the Ministry of Transport.

4. Transport business units and drivers shall observe the working time within a day and the continuous driving time as prescribed in Clause 1, Article 65 of the Law on Road Traffic. The rest time between two continuous driving tasks must be:

a/ At least 5 minutes, for taxi and intra-provincial bus drivers;

b/ At least 15 minutes, for drivers of passenger cars on fixed routes, inter-provincial buses, contracted passenger cars, tourist cars, cars used for containerized goods transport and freight cars.

5. The Minister of Transport shall prescribe in detail the development and implementation of the process to ensure traffic safety in the course of by-automobile transport business and the roadmap to apply the process to ensure traffic safety for car stations; define the tasks of units in charge of management and monitoring of traffic safety conditions; issue instructions for passengers on traffic safety and emergency exit when incidents occur on vehicles; and guide the keeping and updating of vehicles’ and drivers’ operation records.

Article 12.Provisions on itinerary tracking devices

1. Itinerary tracking devices shall be installed in passenger cars, freight cars and transit cars.

2. An itinerary tracking device installed in a car must comply with the relevant national technical regulations and ensure good technical conditions and continuous operation during the time the car operates on roads.

3. Itinerary tracking devices must satisfy at least the following requirements:

a/ Storing and transmitting information about the itinerary, operation speed and continuous driving time to the itinerary tracking data system of the Ministry of Transport (the Directorate for Roads of Vietnam);

b/ Information from the itinerary tracking devices shall be used in the state management of transport activities and management of activities of transport business units and connected and shared with the Ministry of Public Security (the Department of Traffic Police) and the Ministry of Finance (the General Department of Taxation) to perform the state management of traffic order and safety; security and order; and taxation.

4. The Directorate for Roads of Vietnam shall store data of violations of vehicles for 3 years.

5. Transport business units shall maintain the operation of their itinerary tracking devices to provide information as prescribed at Point a, Clause 3 of this Article.

6. Transport business units and drivers may not use technical measures, peripheral equipment and other measures to interfere with the process of operation, destroy (or interfere) with GPS and GSM waves or falsify data of their itinerary tracking devices. Before driving a vehicle on roads, a driver shall use his/her driving identification card to log on the vehicle’s itinerary tracking device via its card reader and log off at the end of the driving to facilitate the identification of the continuous driving time and working time in a day.

Chapter III

PROVISIONS ON CONDITIONS FOR BY-AUTOMOBILE TRANSPORT BUSINESS

Article 13.Conditions for by-automobile passenger transport business

1. Conditions on automobiles used in passenger transport business

a/ Being under the lawful ownership or use rights under a vehicle hire contract between a by-automobile passenger transport business unit and an organization or individual or under a business cooperation contract in accordance with law.

For an automobile registered under the ownership of a cooperative member, there must be a service contract between such member and his/her cooperative which states that the cooperative has the right, responsibility and obligation to manage, use and operate the automobile under his/her ownership;

b/ An automobile used for passenger transport business along fixed routes must have a capacity of 9 seats or more (including the driver) and have a lifetime as follows: not exceeding 15 years (from the year of manufacture) for automobiles operating on a route of more than 300 km; or not exceeding 20 years (from the year of manufacture) for automobiles operating on a route of 300 km and less;

c/ A bus used in passenger transport business must have a lifetime not exceeding 20 years (from the year of manufacture);

d/ A taxi must have a capacity of under 9 seats (including the driver) and have a lifetime not exceed 12 years (from the year of manufacture). It is not allowed to use vehicles of under 9 seats (including the driver) renovated from vehicles with a capacity of 9 seats or more or vehicles with sizes and designs similar to vehicles of 9 seats or more for by-taxi passenger transport business;

dd/ An automobile used for tourist transport business must have a lifetime not exceeding 15 years (from the year of manufacture). An automobile used in contracted passenger transport business must have a lifetime as follows: not exceeding 15 years (from the year of manufacture) for automobiles operating on a distance of more than 300 km; or not exceeding 20 years (from the year of manufacture) for automobiles operating on a distance of 300 km and less.

An automobile with a capacity of under 9 seats (including the driver) used for tourist transport business or contracted passenger transport business and using electronic contracts must have a lifetime not exceeding 12 years (from the year of manufacture).

2. Before July 1, 2021, an automobile used for passenger transport business with a capacity of 9 seats or more (including the driver) shall be installed a camera to record and store images of the vehicle (including the driver and its doors) when the automobile operates on roads. Images shall be provided to the Public Security agencies, traffic inspectorates and licensing agencies, ensuring publicity and transparency. The time for storage of images on vehicles is prescribed as follows:

a/ At least the last 24 hours, for automobiles operating on a route of 500 km or less;

b/ At least the last 72 hours, for automobiles operating on a route of more than 500 km.

Article 14.Conditions for by-automobile goods transport business

1. Automobiles used in goods transport business must be under the lawful ownership or use rights under a vehicle hire contract between a goods transport business unit and an organization or individual or under a business cooperation contract in accordance with law.

For an automobile registered to be under the ownership of a cooperative member, there must be a service contract between such member and his/her cooperative which states that the cooperative has the right, responsibility and obligation to manage, use and operate the automobile under his/her ownership.

2. Before July 1, 2021, containerized goods vehicles and trailers shall be installed a camera to record and store images of the driver when the vehicles operate on roads. Images shall be provided to the Public Security agencies, traffic inspectorates and licensing agencies, ensuring publicity and transparency. The time for storage of images on vehicles is prescribed as follows:

a/ At least the last 24 hours, for automobiles operating on a route of 500 km or less;

b/ At least the last 72 hours, for automobiles operating on a route of more than 500 km.

Chapter IV

PROVISIONS ON TRANSPORT CONTRACTS

Article 15.General provisions on transport contracts

1. A passenger or goods transport contract (written or electronic) is an agreement between parties signing the contract. According to such contract, a transport business unit shall transport passengers, luggage and goods to places as agreed upon; passengers or transport hirers shall pay transport fares.

2. A passenger or goods transport contract must have at least these following contents:

a/ Information on the transport business unit signing the contract: name, address, phone number, tax identification number, and representative signing the contract;

b/ Information on the driver: full name and phone number;

c/ Information on passenger or transport hirer (organization or individual): name, address, phone number and tax identification number (if any);

d/ Information on the vehicle: license plate number and capacity (load);

dd/ Information on the contract performance: time for starting and ending the contract performance (date and time); starting and ending places and pick-up and drop-off places (or places for goods loading and unloading) on the transport route; distance (km) of the transport; and number of passengers (or volume of goods);

e/ Information on the value of the contract and method of payment;

g/ Provisions on responsibilities of parties to the transport contract, which state the fulfillment of the tax obligation toward the State; rights and obligations of the carrier, passengers or transport hirer; phone number for receiving passengers’ complaints and denunciations; commitment on the responsibility for performing the contract and provisions on compensation for the transport hirer and passengers.

3. The minimum information in passenger or goods transport contracts shall be used in the state management of transport activities and provided for competent forces, price management agencies, tax offices, Public Security agencies and traffic inspectorates upon request.

Article 16.Provisions on performance of electronic contracts

1. Electronic contracts must comply with this Decree and other relevant laws.

2. Passenger transport business units using electronic contracts

a/ To have software interface providing passengers or transport hirers with full information on its name or logo, phone number for contact in emergency cases and the minimum information prescribed in Clause 2, Article 15 of this Decree;

b/To send electronic invoices of the trips to the accounts of passengers or transport hirers as stated in the contracts and send information of such invoices to the tax office in accordance with the regulations of the Minister of Finance;

c/ To store data of the electronic contracts for at least 3 years.

3. Passenger transport drivers using electronic contracts

a/ To comply with the provisions of Clause 4, Article 7, or Clause 4, Article 8, of this Decree;

b/ To be responsible for providing information of the electronic contracts for competent forces upon request.

4. Transport hirers or passengers entering into electronic contracts

a/ To use a device to access the software interface which shows all contents of the electronic contracts;

b/ To comply with law when entering into electronic contracts with transport business units.

Chapter V

PROVISIONS ON GRANT AND REVOCATION OF BY-AUTOMOBILE TRANSPORT BUSINESS LICENSES, BADGES AND SIGNBOARDS; ANNOUNCEMENT OF CAR STATIONS; REGISTRATION FOR OPERATION, SUSPENSION OF OPERATION, TERMINATION OF OPERATION OF FIXED PASSENGER TRANSPORT ROUTES

Article 17.Licensing of by-automobile transport business

1. Passenger transport business units and goods transport business units must have a by-automobile transport business license (below referred to as business license).

2. Contents of a business license:

a/ Name and address of the business unit;

b/ Number, date of grant and granting agency of the business registration certificate (enterprise registration certificate);

c/ At-law representative;

d/ Forms of business;

dd/ Licensing agency.

3. Agencies competent to grant business licenses are provincial-level Departments of Transport.

Article 18.Dossiers of application for, or request for re-grant of, business licenses

1. A dossier of application for a business license for transport business enterprises and cooperatives must comprise:

a/ An application for a business license, made according to the form provided in Appendix I to this Decree;

b/ Copies of certificates and diplomas of the person who directly manages transport activities;

c/ Copies or originals of the establishment decision and regulations on functions and tasks of the division in charge of management and monitoring of traffic safety conditions (for enterprises and cooperatives conducting the business of passenger transport along fixed routes, passenger transport by bus or taxi, containerized goods transport, and passenger transport under electronic contracts).

2. A dossier of application for a business license for transport business households must comprise:

a/ An application for a business license, made according to the form provided in Appendix I to this Decree;

b/ A copy of the business registration certificate.

3. A dossier of request for re-grant of a business license due to a change in the content of the business license must comprise:

a/ A written request for re-grant of a business license, clearly stating the reason for the re-grant, made according to the form provided in Appendix I to this Decree;

b/ Documents proving the change in the content of the business license specified in Clause 2, Article 17 of this Decree.

4. In case of request for re-grant of a business license due to loss or damage, a dossier must comprise a written request for re-grant of a business license, made according to the form provided in Appendix I to this Decree.

5. In case of request for re-grant of a business license due to revocation or deprivation of the right to use, a dossier must comprise:

a/ The documents specified in Clause 1 of this Article, for transport business enterprises or cooperatives; or the documents specified in Clause 2 of this Article, for transport business households;

b/ Documents proving the remediation of violations which are the reason for revocation of, or deprivation of the right to use, the business license.

Article 19.Procedures for grant, re-grant and revocation of business licenses

1. Procedures for grant of a business license:

a/ Transport business units shall submit 1 dossier of application for a business license to the licensing agency. In case the dossier needs modification or supplementation, within 3 working days after receiving the dossier, the licensing agency shall notify directly or in writing, or via the online public service system the contents to be modified or supplemented to the transport business unit;

b/ Within 5 working days after receiving a complete dossier as prescribed, the licensing agency shall appraise it and grant a license for by-automobile transport business, made according to the form provided in Appendix II to this Decree. In case of refusal to grant a business license, the licensing agency shall reply in writing or via the online public service system, clearly stating the reason.

2. The procedures for re-grant of business licenses in case of changes in their contents or revocation of or deprivation of the right to use, the licenses are the same as those prescribed in Clause 1 of this Article.

3. Procedures for re-grant of a business license in case of loss or damage:

a/ A transport business unit shall submit 1 dossier of request for re-grant of a business license to the provincial-level Department of Transport of the locality where such unit’s head office or branch office is based. In case the dossier needs modification or supplementation, within 2 working days after receiving the dossier, the licensing agency shall notify directly or in writing, or via the online public service system the contents to be modified or supplemented to the transport business unit;

b/ Within 3 working days, after receiving a complete dossier as prescribed, the licensing agency shall grant a business license for by-automobile transport business, made according to the form provided in Appendix II to this Decree. In case of refusal to grant a business license, the licensing agency shall reply in writing or notify via the online public service system, clearly stating the reason.

4. The licensing agency shall check the information on the business registration certificate or enterprise registration certificate on the National Business Registration Portal before granting a business license.

5. The receipt of dossiers and notification of dossier processing results shall be carried out at the office of the licensing agency or by post or other suitable means as prescribed. In case the dossier is directly submitted at the licensing agency or by post, the officer who receives the dossier shall update information of the dossier into the online public service system of the Ministry of Transport.

The licensing agency shall carry out dossier processing and license grant operations in the online public service system of the Ministry of Transport.

6. A transport business unit will have its business license revoked indefinitely when it commits any of the following violations:

a/ Providing a forged copy of the requested document or incorrect information in the dossier of application for a business license;

b/ Failing to do transport business within 6 months after being granted a business license or suspending its transport business for 6 consecutive months;

c/ Terminating operation in accordance with law or on its own discretion;

d/ Tampering with or falsifying image data from camera installed in the vehicle before, during and after data transmission.

7. The licensing agency may revoke a business license it has granted in the following order:

a/ Issuing a decision on revocation of the business license;

b/ Sending the decision on revocation of the business license to the transport business unit concerned and post such information on the website of the provincial-level Department of Transport;

c/ Sending a report to the Directorate for Roads of Vietnam and provincial-level People’s Committee and announcing the decision on revocation of the business license to related agencies for coordinated implementation;

d/ When the licensing agency issues a decision on revocation of the business license, the transport business unit shall return its business license, badges and signboards to the former and stop all transport business activities specified in the revocation decision immediately after its becomes effective.

8. Transport business units which are sanctioned by competent agencies by depriving of the right to use by-automobile transport business licenses shall stop all transport business activities under administrative sanctioning decisions. After the expiry of the time limit for deprivation of the right to use its business license, if the transport business unit wishes to continue the transport business, it shall carry out the procedures to request the re-grant of the business license as prescribed in Clauses 1 and 2, Article 18 of this Decree and shall supplement documents proving the remediation of violations which are the reason for the deprivation.

9. During the time a transport business unit is sanctioned by a competent agency by depriving of the right to use the business license, the provincial-level Department of Transport shall not re-grant a business license and all kinds of badges and signboards for the business activities for which such unit is deprived of the right to use  the license.

Article 20.Procedures for registration or suspension of operation of fixed passenger transport routes

1. Based on the list of the fixed passenger transport route network and the route operation chart already announced, enterprises and cooperatives that have the licenses for the business of by-automobile transport along fixed routes may choose the departure time and register for operating routes at the time that is not yet registered by other transport units.

2. For a new route that is not on the list of the route network announced by competent authorities:

a/ Transport enterprises and cooperatives shall make a plan and reach agreement with the car stations in two ends of the route on the departure time and send it to the provincial-level Departments of Transport of the localities in two ends of the route in order to register operation of the route as prescribed;

b/ In case the transport enterprises and cooperatives cannot reach agreement with car stations on the departure time, the provincial-level Department of Transport shall decide on the time of departure at the proposal of the transport enterprises and cooperatives;

c/ The provincial-level Department of Transport (of the locality where the transport business unit’s head office or branch office is based) shall grant the badges for the vehicles, update and add information to the detailed list of routes as prescribed at Points a and b, Clause 3, Article 4 of this Decree and report them to the Ministry of Transport and the provincial-level People’s Committee to consider the update, supplementation and announcement of the list of the route network as guided by the Minister of Transport.

3. A dossier of request for route operation registration must comprise:

a/ A written request for route operation registration, made according to the form provided in Appendix III to this Decree;

b/ A copy of the minutes on the agreement between the car stations in two ends of the route and the enterprise or cooperative that wishes to operate the route (in case of operating a new route).

4. Procedures for route operation registration applicable through June 30, 2021:

a/ An enterprise or a cooperative shall send 1 dossier of request for route operation registration to the provincial-level Department of Transport from which it has obtained the business license;

b/ Within 2 working days after receiving the dossier, the provincial-level Department of Transport shall check the dossier. In case the dossier needs modification and supplementation, the provincial-level Department of Transport shall notify directly or in writing the contents to be modified and supplemented to the enterprise or cooperative.

Within 2 working days from the date of receipt of the notice of modification and supplementation from the provincial-level Department of Transport, the enterprise or cooperative shall complete the dossier. Past 2 working days since the date of receipt of the notice, if the dossier cannot be completed, it shall be considered invalid, and the provincial-level Department of Transport shall move on to check the next dossier in the chronological order of submission;

c/ For inter-provincial fixed passenger transport routes

Within 3 working days after receiving a complete dossier as prescribed, the provincial-level Department of Transport that receives the dossier shall send a written request to the provincial-level Department of Transport of the locality in the other end of the route for comment.

Within 2 working days after receiving the request for comment, the consulted provincial-level Department of Transport shall issue a written reply. In case enterprises or cooperatives register the operation of a route (which is the same route or departure time), the consulted provincial-level Department of Transport shall reach agreement with the provincial-level Department of Transport that sends the request to make decision on the principle that dossiers submitted first shall be checked and processed first in a chronological order. Past the above time limit, if issuing no written reply, the consulted provincial-level Department of Transport shall be deemed to have consented to the route operation registration.

Within 7 days after receiving a complete dossier as prescribed, the provincial-level Department of Transport that receives the dossier shall issue a written notice of successful registration for route operation, made according to the form provided in Appendix IV to this Decree, and send it to the enterprise or cooperative, the provincial-level Department of Transport of the locality in the other end of the route, and the car stations in the two ends of the route for coordinated management;

d/ For intra-provincial fixed passenger transport routes: Within 3 working days after receiving a complete dossier as prescribed, the provincial-level Department of Transport shall issue a written notice of successful registration for route operation, made according to the form provided in Appendix IV to this Decree, and send it to the enterprise or cooperative and the car stations in the two ends of the route for coordinated management.

5. Procedures for route operation registration applicable from July 1, 2021:

a/ Enterprises or cooperatives shall send 1 dossier of registration for route operation to the provincial-level Department of Transport from which it has obtained the business license via the online public service system of the Ministry of Transport (dossiers submitted directly or by post to the route management agency shall be rejected);

b/ Within 3 working days after receiving the dossier, the provincial-level Department of Transport shall check the dossier. In case the dossier needs modification and supplementation, the provincial-level Department of Transport shall notify the contents to be modified and supplemented to the enterprise or cooperative via the online public service system.

Within 2 working days after receiving the notice of dossier modification and supplementation from the provincial-level Department of Transport, the enterprise or cooperative shall complete the dossier and update information onto the online public service system. Past 2 working days since the date of receipt of the notice, if the dossier is not completed, it shall be considered invalid and the provincial-level Department of Transport shall move on to check the next dossier in the chronological order of submission in the online public service system;

c/ Within 3 working days after receiving a complete dossier as prescribed, the provincial-level Department of Transport that receives the dossier shall issue a notice of successful registration for route operation both in writing and in the online public service system, made according to the form provided in Appendix IV to this Decree, and send it to the enterprise or cooperative, the provincial-level Department of Transport of the locality in the other end of the route (for inter-provincial routes), and the car stations in the two ends of the route for coordinated management;

In case there are more than one dossier of registration for operation of the same route and with the same departure time, the provincial-level Department of Transport shall process the dossiers according to the chronological order of submission in the online public service system on the principle that the dossier submitted first shall be checked and processed first.

6. A notice of successful registration of route operation takes effect from the date of its signing to the date the enterprise or cooperative concerned stops the route operation or on the effective date of the provincial-level Department of Transport’s decision to suspend its route operation. After 60 days since the effective date of the notice of successful registration of route operation, if the enterprise or cooperative concerned does not operate vehicles on the route, such notice will be no longer valid.

7. Enterprises or cooperatives may suspend the operation of the route or a number of trips on the route.

a/ Enterprises or cooperatives shall send a notice to the provincial-level Department of Transport and the car stations in the two ends of the route and may suspend the operation only after having published the information in the car stations in the two ends of the route for at least 15 days;

b/ The provincial-level Department of Transport shall update and re-publish the contents prescribed at Points a and b, Clause 3, Article 4 of this Decree.

8. The Minister of Transport shall build a level-4 online public service system for the procedures for registration of operation of fixed passenger transport routes, which will be applied from July 1, 2021.

9. Enterprises and cooperatives shall be suspended from operation of routes and return the badges to the badge-granting agency when they do not conduct transport business on the routes for 60 consecutive days.

10. The provincial-level Department of Transport which grants the business license shall issue a decision to suspend the operation of the route and send it to the transport business unit concerned and the provincial-level Department of Transport of the locality in the other end of the route, and also publish such information on its portal.

Article 21.Car station announcement

1. A passenger car station may be put into operation only after its opening is announced by the provincial-level Department of Transport.

2. A freight car station may be put into operation only after its opening is announced by the enterprise and notified to the provincial-level Department of Transport.

3. Car station announcement shall be carried out in accordance with the national technical regulation on car stations.

Article 22.Provisions on management of use, grant, re-grant and revocation of badges and signboards

1. A business unit having a by-automobile transport business license shall be granted badges and signboards for its automobiles corresponding to the licensed business type, adhering to the following principles:

a/ At a time, each automobile shall be granted for use only one type of badge or signboard corresponding to a type of transport business;

b/ Automobiles with the “XE CONG-TEN-NO” (Container car) badge may transport containers and other goods. Vehicles with the “XE TAI” (Truck) or “XE DAU KEO” (Trailer) badges may not transport containers;

c/ Enterprises or cooperatives doing the business of passenger transport along fixed routes shall be granted transit car badges by the provincial-level Departments of Transport of the localities on two ends of the route.

2. Validity term of badges

a/ Badges granted for automobiles used for transport business and badges granted for transit cars are valid for 7 years or for a period proposed by the transport business units (which may be from 1 year to 7 years) but must not exceed the lifetime of the vehicles;

b/ The “XE TUYEN CO DINH” (Fixed route car) badge granted for cars used to increase the capacity of passenger transport during the Lunar New Year days is valid for no more than 30 days; on other holidays, Calendar New Year holidays, national upper secondary school examinations and university and college entrance examinations is valid for no more than 10 days.

3. The minimum size of badges is 9 cm x 10 cm.

4. A dossier of request for grant of badges must comprise:

a/ A written request for grant of badges, made according to the form provided in Appendix V to this Decree;

b/ A copy of the automobile registration certificate or a copy of the vehicle registration appointment slip issued by the registration-granting agency. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents is also required: the written vehicle hire contract with an organization or individual or the service contract between a member and a cooperative or the business cooperation contract.

5. Order and procedures for grant of badges

a/ A transport business unit shall send 1 dossier of request for grant of badges to the provincial-level Department of Transport from which it has obtained its business license; in case the dossier needs modification and supplementation, within 1 working day after receiving it, the badge-granting agency shall notify directly or in writing, or via the online public service system the contents to be modified or supplemented to the transport business unit;

b/ Within 2 working days after receiving the dossier as prescribed, the provincial-level Department of Transport shall grant the badges to the vehicles at the request of the transport business unit. In case of refusal to grant badges, the provincial-level Department of Transport shall reply in writing or via the online public service system, clearly stating the reason.

The provincial-level Department of Transport shall update information in the itinerary tracking data system of the Directorate for Roads of Vietnam, check and grant badges only when the vehicles’ itinerary tracking devices fully comply with the regulations on installation and data transmission.

The receipt of dossiers and notification of dossier processing results shall be carried out directly at the badge-granting agency or by post or other appropriate means as prescribed. For dossiers directly submitted at the badge-granting agency or by post, the officer who receives the dossiers shall update information of the dossiers in the online public service system of the Ministry of Transport.

The badge-granting agency shall carry out the dossier processing and badge grant in the online public service system of the Ministry of Transport;

c/ The badge-granting agency shall inspect the information on the certificate of technical safety and environmental protection inspection of each vehicle to ensure that the vehicle is eligible for transport business in the Vietnam Register system;

d/ The badge-granting agency shall check information on the status of the vehicle in the online public service system of the Ministry of Transport and the itinerary tracking data system of the Directorate for Roads of Vietnam:

In case the vehicle is not yet available in the system, it shall grant badges;

If the vehicle is available in the system, the provincial-level Department of Transport that receives the dossier shall send information via the online public service system to the provincial-level Department of Transport currently managing the vehicle to request confirmation and removal of the vehicle’s information from the system. Within 2 working days, the provincial-level Department of Transport that receives the request shall issue a reply; in case of refusing to remove the vehicle’s information, it shall clearly state the reason. The provincial-level Department of Transport that receives the dossier shall grant badges and signboards after the vehicle’s information is removed from the system.

6. A badge may be re-granted upon its expiration, loss or damage, or when the vehicle owner or transport business unit is changed. Dossiers, order, procedures and competence for re-grant of badges must comply with Clauses 4 and 5 of this Article. The validity term of re-granted badges must comply with Clause 2 of this Article. Upon expiration of their badges, transport business units may request the re-grant of badges within 15 days before the date of expiration of the badges.

7. Badges may be re-granted after they are revoked or the vehicle owners are deprived of the right to use badges. After the expiration of the time limit for deprivation of the right to use badges or expiration of the revocation, if wishing to continue using the vehicle for transport business, a transport business unit shall carry out procedures for being re-granted badges as prescribed. Dossiers, order, procedures and competence for re-grant of badges must comply with Clauses 4 and 5 of this Article; in case of request for re-grant of badges due to revocation of or deprivation of the right to use badges, a dossier must additionally comprise documents proving the remediation of the violation which is the cause of the revocation or deprivation of the right to use badges.

8. Dossiers, order, procedures and competence for grant or re-grant of badges of tourist cars must comply with the Decree detailing a number of articles of the Law on Tourism; in case of request for re-grant of badges due to revocation of or deprivation of the right to use badges, a dossier must additionally comprise documents proving the remediation of the violation which is the cause of the revocation of or deprivation of the right to use badges.

9. Provincial-level Departments of Transport

a/ To grant badges and signboards according to this Article and affix them to automobiles;

b/ Not to grant badges and signboards for automobiles during the period when such vehicles are subject to a sanction being deprivation of the right to use badges or signboards or revocation of badges and signboards by competent agencies;

c/ To send to the transport business units decisions on revocation of badges and signboards, and post such information on their websites;

d/ To send to transport business units written notices of the expiration of badges and signboards when receiving from competent agencies notices of the deprivation of the right to use badges and signboards, and post such information on their websites.

10. A transport business unit may have badges and signboards revoked in any of the following cases:

a/ To have badges and signboards of all of its vehicles revoked when the transport business unit is sanctioned by a competent agency in the form of deprivation of the right to use the transport business license;

b/ To have badges and signboards of its violating vehicles revoked for cases when data extracted from the itinerary tracking device of each vehicle in a month show that there are 5 or more speed violations per 1,000 km of operation (excluding violations of speeding up to 5 km per hour);

c/ To have badges of its automobiles used for transport business along fixed routes revoked when the transport business unit does not conduct transport business on the routes for 60 consecutive days.

11. Provincial-level Departments of Transport

a/ To issue decisions and revoke badges and signboards they have granted to transport business units under Clause 10 of this Article;

b/ To send decisions to revoke badges and signboards to transport business units and post information on the revocation on their websites.

12. Transport business units

a/ To return the badges and signboards to provincial-level Departments of Transport when receiving decisions on revocation of badges and signboards;

b/ Not to use the automobiles in question for transport business during the time these automobiles are subject to a sanction in the form of deprivation of the right to use (the by-automobile transport business license, badges and signboards) or revocation of badges and signboards.

13. Data extracted from a vehicle’s itinerary tracking device may be used only once to identify violations. Data shall be extracted from the system of processing, exploiting and using data from the itinerary tracking devices of the Directorate for Roads of Vietnam.

14. The Minister of Transport shall promulgate regulations on the forms of badges and guide the implementation thereof.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 23.The Ministry of Transport

1. To uniformly manage by-automobile transport business activities in accordance with this Decree.

2. To organize the formulation and announcement of the list of the inter-provincial fixed-route passenger transport network and the list of roadside stations along national highways; to develop a software for management of fixed passenger transport routes; to guide the organization, management and criteria of stopping points for passenger pick-up and drop-off on fixed routes, and form of the transport order; and the inspection of the conditions required for automobiles and drivers and confirmation on transport orders.

3. To apply information technology in the management of by-automobile transport business activities. To build the technological infrastructure and provide the connection, sharing and linking of all itinerary tracking data and images, recording and long-term storage of data and images from vehicles’ cameras, vehicle inspection registration, training, testing, and grant and revocation of driving licenses among state management agencies.

4. To promulgate national technical regulations on itinerary tracking devices for automobiles, buses, car stations and roadside stations.

5. To provide and give guidance on:

a/ Software for management of by-automobile transport business activities (including vehicle and driver management) and online public services;

b/ Provision, management and use of the information of transport contracts, transport documents and transport orders;

c/ Provision, management and use of data from automobiles’ itinerary tracking devices; provision, management and use of image data from cameras installed in automobiles used for transport business; provision, management and use of fixed route data from the passenger car station management software; and software for management of the national fixed-route passenger transport;

d/ Posting of information on automobiles used for transport business;

dd/ Training in transport and traffic safety skills for drivers and attendants on vehicles;

e/ Identification of overlapping starting and ending points in contracted passenger transport business and tourism activities.

6. To direct functional agencies

a/ To inspect, examine, and handle violations in the implementation of the provisions on by-automobile transport business and its conditions of this Decree and other relevant laws;

b/ To coordinate with functional agencies of ministries, sectors and localities to exchange and provide information on transport activities for specialized management purposes.

7. To coordinate with the Ministry of Planning and Investment and related ministries and sectors to ensure funding for building and maintaining a data processing system which serves the application of information technology in the management of by-automobile transport business activities, including the system to process data from automobiles itinerary tracking devices.

8. To provide the colors of stamps distinguishing automobiles used for transport business.

9. To connect and share data on the management of by-automobile transport business activities and data from automobiles’ itinerary tracking devices with the Ministry of Public Security (the Traffic Police Department) and the Ministry of Finance (the General Department of Taxation) for coordinated management.

10. To prepare a dossier for the Government to report to the National Assembly Standing Committee for assigning the Government to stipulate the management of by-automobile internal transport activities (not for transport business).

Article 24.The Ministry of Public Security

1. To inspect, and handle violations in the implementation of the provisions on by-automobile transport business and its conditions of this Decree and other relevant laws.

2. To connect and share information on sanctioning of administrative violations committed by by-automobile transport business organizations and individuals with the Ministry of Transport for coordinated management.

Article 25.The Ministry of Culture, Sports and Tourism

To coordinate with provincial-level People’s Committees to determine stopping and parking points for tourist cars.

Article 26.The Ministry of Science and Technology

1. To assume the prime responsibility for appraising national technical regulations in accordance with the Law on Standards and Technical Regulations.

2. To assume the prime responsibility for testing taximeters. To inspect, examine, and handle administrative violations committed by taximeter-inspecting and -using organizations in accordance with law.

3. To coordinate with the Ministry of Transport in developing national standards and national technical regulations on itinerary tracking devices.

4. To coordinate with the Ministry of Transport and Ministry of Information and Communications in providing and guiding software for management of by-automobile transport business activities and online public services.

Article 27.The Ministry of Information and Communications

1. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, guiding the management of use of radio frequencies, communication infrastructure and data service charges for itinerary tracking devices on automobiles and other information and communication equipment used in the management and operation of by-automobile transport business activities.

2. To coordinate with the Ministry of Transport in providing and guiding software for management of by-automobile transport business activities and online public services.

3. To assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, Ministry of Public Security, and Ministry of Transport in, the management and provision of guidance for units providing application software supporting transport connection as prescribed in Article 35 of this Decree.

Article 28. The Ministry of Health

1. To provide and guide health standards and health establishments to provide health checks for drivers of automobiles used for transport business.

2. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, implementing regulations on medical examination and treatment for employees in by-automobile transport business units.

3. To provide and guide first aid kits and preventive medicine kits on vehicles used for transport business.

Article 29.The Ministry of Labor, Invalids and Social Affairs

1. To coordinate with the Ministry of Transport in guiding the implementation of the laws on labor, wage, social insurance, and working time and rest time for employees in by-automobile transport business activities.

2. To coordinate with the Ministry of Transport in guiding the implementation of the laws on regimes and policies for people with disabilities, the elderly and policy beneficiaries when using by-automobile transport services.

Article 30.The Ministry of Finance

1. To guide software providers and transport business units for the performance of electronic contracts on provision of electronic information to ensure strict management and fulfillment of tax obligations.

2. To provide and guide the connection of data of electronic invoices and electronic tickets of all types of by-automobile passenger and goods transport business, and share information with the Ministry of Transport for coordinated management.

3. To assume the prime responsibility for, and coordinate with the Ministry of Transport and related ministries and sectors in, ensuring funding sources for maintenance of the data processing systems which serve the application of information technology in the management of by-automobile transport business activities, including the system to process data from automobiles’ itinerary tracking devices.

Article 31.The Ministry of Industry and Trade

1. To provide and guide the provision of e-commerce services in the field of transport.

2. To inspect, examine, and handle violations in the provision of e-commerce services in the field of transport.

Article 32.The Ministry of Planning and Investment

To assume the prime responsibility for, and coordinate with the Ministry of Finance, Ministry of Transport and other related ministries and sectors in, ensuring funding sources for investment in the construction of technological infrastructure which serves the application of information technology in the management of by-automobile transport business activities, including the system to process data from automobiles’ itinerary tracking devices.

Article 33.Provincial-level People’s Committees

1. To direct local functional agencies to manage by-automobile transport activities in accordance with this Decree and other relevant laws.

2. To plan the development and management of vehicles used for transport business to meet the travel demand of local people and suit the actual state of transport infrastructure in localities.

3. To promulgate specific regulations on the management of operation of passenger transit cars in localities.

4. To build and make public the list of the intra-provincial fixed-route passenger transport network; the bus route networks within provinces and connected to adjacent provinces; stopping and parking points for vehicles used for transport business to pick up and drop off passengers in localities.

5. To manage by-bus public passenger transport activities in localities; to coordinate with provincial-level People’s Committees of other localities through which the bus routes run in uniformly performing the tasks specified in Clause 3, Article 5 of this Decree; to reach agreement with the Ministry of Transport before opening a bus route with the starting or ending point located within an airport area.

6. Based on their local real situation:

a/ To build passenger pick-up and drop-off points for taxis and buses as prescribed in Clause 5, Article 5, and Clause 6, Article 6, of this Decree;

b/ To issue criteria for and organize and manage passenger pick-up and drop-off points for contracted cars and tourist cars in localities; to build and publish passenger pick-up and drop-off points for contracted cars and tourist cars in urban areas and inner cities;

c/ To announce the locations of freight car station in localities;

d/ To build and manage public taxi stops in localities.

7. To direct provincial-level Departments of Transport to base on the published lists of inter-provincial and intra-provincial fixed-route passenger transport networks to notify on their websites the detailed list of each route, including the following information: station of departure, station of destination and itinerary; total number of trips and departure time of each trip already operated by a transport business unit, number of trips not yet operated by any transport business units, interval between adjacent trips; and station capacity in the locality (hourly and daily capacity).

8. Based on the local practical situation to identify and direct the installation of surveillance cameras at fixed positions and along routes to control the operation of vehicles used for passenger transport business in localities.

9. To direct functional agencies to inspect, examine, and handle violations of the provisions on by-automobile transport business and its conditions in localities of this Decree and other relevant laws.

Article 34.By-automobile transport business units

1. To comply with the provisions of the Law on Road Traffic and this Decree on their business and business conditions.

2. When conducting business activities, to register their tax identification numbers with the tax offices in the localities where the units’ head offices or branch offices are based; to fulfill tax obligations as prescribed. Cooperative members shall fulfill tax obligations when taking part in by-automobile transport business.

3. Transport business units

a/ To sign labor contracts, pay insurance premiums of assorted types, organize periodical health checks and fully ensure the benefits of employees (including drivers and attendants on vehicles) in accordance with the labor law;

b/ To guarantee passenger interests in accordance with law;

c/ To organize training courses on transport and traffic safety for drivers and attendants on vehicles; to issue driver identification cards to their drivers according to regulations;

d/ In case there are 2 or more transport business units cooperating in the transport business, there must be a cooperation contract with the following contents: unit directly responsible for managing the vehicles and drivers to transport passengers and goods, and deciding on fares, and the contents prescribed at Points a, b and c of this Clause.

4. To apply science and technology and software in vehicle management, driver management, record keeping, electronic tickets, and electronic invoices; to display information on vehicles, receive and deal with passengers’ feedback in accordance with current law.

5. Passenger transport business units using cars with a capacity of 9 seats or more (including the driver) and goods transport business units using containers and tractors shall install cameras and ensure the following requirements:

a/ Images shall be recorded and stored in accordance with Clause 2, Article 13, and Clause 2, Article 14, of this Decree;

b/ The images from a vehicle’s camera shall be transmitted at a frequency of 12 to 20 times/hour (equivalent to between 3 and 5 minutes per data transfer) to the transport business unit and competent state management agencies according to the regulations of the Ministry of Transport and be stored for at least the latest 72 hours; image data shall be provided promptly and accurately, without being modified or falsified before, during and after transmission;

c/ To maintain the operation of cameras to ensure continuous and uninterrupted recording and storage of images in accordance with law;

d/ To provide account access to the server to the police offices (the Traffic Police Department, and district-level Traffic Police Division, Road-Rail Traffic Police Division, or Road Traffic Police Division of the provincial-level Department of Public Security), and transport agencies (the Ministry of Transport and Directorate for Roads of Vietnam, and provincial-level Departments of Transport) to serve the state management, examination, and handling of violations in accordance with law;

dd/ To comply with the regulations on information security with regard to passengers’ data in accordance with law.

6. Transport business units are subject to competent agencies’ inspection and examination of their compliance with the regulations on by-automobile transport business and its conditions and other relevant regulations.

7. To implement the regime of reporting on their transport business activities under regulations.

Article 35.Providers of application software to support transport connection

1. To only provide software applications to support transport connection (not to directly manage vehicles and drivers; not to decide on fare rates), and abide by the law on e-transactions and other relevant laws and must meet the following requirements:

a/ To record customers’ transport requests and transfer them to the transport business units participating in software application supporting transport connection;

b/ To act as an intermediary to confirm the compliance with the contents agreed upon between the transport business units and customers, ensuring the implementation of posted fare rates or the value of the signed contracts; application software supporting transport connection for by-taxi passenger transport business units must ensure compliance with  Point c, Clause 3, Article 6 of this Decree; application software supporting transport connection for contracted passenger transport business units and tourist transport business units must ensure compliance with Point a, Clause 2, Article 16 of this Decree;

c/ To record customers’ reviews of drivers’ service quality and report them to the transport business units for improving transport services provided;

d/ To ensure safety and confidentiality of data of passengers, transport business units and drivers in accordance with law;

dd/ To provide application software services to support transport connection only for the transport business units which have been granted by-automobile transport business licenses and vehicles which have been granted badges or signboards and comply with the regulations on transport business and conditions of each type of transport business. Not to provide application software services to support transport connection for contracted passenger transport business units and tourist transport business units for confirming reservation for each passenger seat and selling tickets to or receiving money from each passenger in any form; the provision of application software services to support transport connection for transport units to sign electronic contracts must comply with Clauses 2 and 3, Article 7, and Clauses 2 and 3, Article 8, of this Decree;

e/ To store for at least 2 years information on all transactions performed on application software supporting transport connection for inspection and examination;

g/ To provide management agencies with the list of transport business units, automobiles and drivers of transport business units cooperating with the providers of software application to support transport connection, or provide access accounts of application software supporting transport connection to management agencies upon request;

h/ To provide transport business units with the interface and tools for directly managing vehicles and drivers, and negotiating and deciding on fare rates with passengers and hirers on the software;

i/ Application software supporting transport connection must ensure that the driver may perform multiple operations to receive a trip only when the vehicle stops, or that he/she only needs to press a button to receive a trip when the vehicle is moving;

k/ To publicize the process of settling customer complaints, and have a system for storing customer complaints.

2. In case a provider of application software supporting transport connection performs at least one of the main stages of transport activities (directly managing vehicles and drivers or deciding on fare rates) to transport passengers and goods on roads for profit, such provider shall comply with the provisions on by-automobile transport business and its conditions of this Decree, the law on e-transactions and other relevant laws, and must meet the requirements prescribed at Points c, d, e, i and k, Clause 1 of this Article.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 36.Effect

1. This Decree takes effect on April 1, 2020.

The Government’s Decree No. 86/2014/ND-CP of September 10, 2014, providing by-automobile transport business and its conditions, ceases to be effective on the effective date of this Decree.

2. Transport business units that are granted business licenses before the effective date of this Decree are not required to request re-grant of the licenses until they expire or are re-granted.

3. Foreign-invested enterprises with business licenses (enterprise registration certificates) or investment certificates granted before the effective date of Vietnam’s WTO Accession Commitments, which cover road transport business, may continue to participate in transport business activities.

4. Badges of vehicles granted under the Government’s Decree No. 86/2014/ND-CP of September 10, 2014, providing by-automobile transport business and its conditions, will become invalid on the effective date of this Decree.

5. By-automobile transport business licenses and badges granted to goods transport units and vehicles used for goods transport not subject to direct collection of transport charges under the Government’s Decree No. 86/2014/NDCP of September 10, 2014, providing by-automobile transport business and its conditions, will no longer be valid; the above-mentioned units and vehicles are not required to obtain by-automobile transport business licenses and badges from the effective date of this Decree.

6. Transitional provisions on the grant and use of badges and signboards for automobiles used for transport business

a/ For fixed-route vehicles, buses, taxis, trucks, containers, tractors, contracted cars with a capacity of 9 seats or more (including the driver), and tourist cars with a capacity of 9 seats or more (including the driver) which are granted badges or signboards before the effective date of this Decree, they may use these badges or signboards until they expire or are re-granted;

b/ For contracted cars with a capacity of under 9 seats (including the driver) and tourist cars with a capacity of under 9 seats (including the driver) which have been granted badges or signboards under the Government’s Decree No. 86/2014/ND-CP of September 10, 2014, providing by-automobile transport business and its conditions, new badges shall be obtained in accordance with this Decree and affixed on the vehicles before July 1, 2021.

For vehicles with a capacity of under 9 seats (including the driver) which have been granted a contracted car badge before the effective date of this Decree (using the billing software referred to in Clause 3, Article 6 of this Decree), if they are to be used for by-taxi transport business, taxi badges shall be obtained in accordance with law.

7. Before December 31, 2021, persons directly managing transport activities defined in Clause 4, Article 13 of the Government’s Decree No. 86/2014/ND-CP of September 10, 2014, providing by-automobile transport business and its conditions, in transport business units with by-automobile transport business licenses granted before the effective date of this Decree, must meet the requirements prescribed at Point d, Clause 1, Article 67 of the 2008 Law on Road Traffic.

8. Buses operating before the effective date of this Decree but not in compliance with Point c, Clause 2, Article 5 of this Decree may operate until the expiry of their prescribed lifetime.

9. Before December 31, 2021, automobiles used for passenger transport which have been granted badges or signboards under the Government’s Decree No. 86/2014/ND-CP of September 10, 2014, providing by-automobile transport business and its conditions, must have seat belts at their seats and beds (except intra-provincial buses).

Article 37.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related enterprises and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The appendices to this Decree are not translated.