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.

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