Decree 158/2024/ND-CP prescribing road transport operations

 DECREE

Prescribing road transport operations

Pursuant to the Law on Organization of the Government dated June 19, 2015; Law dated November 22, 2019 amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Law on Roads dated June 27, 2024;

Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;

Pursuant to the Law on Investment dated June 17, 2020;

In order to implement the ASEAN Framework Agreement on the Facilitation of Goods in Transit signed on December 16, 1998, and its Protocols;

In order to implement the ASEAN Framework Agreement on the Facilitation of Inter-State Transport signed on December 10, 2009;

In order to implement the ASEAN Framework Agreement on the Facilitation of Cross Border Transport of Passengers by Road Vehicles signed on October 13, 2017;

In order to implement the Greater Mekong Subregion Cross-Border Transport Facilitation Agreement signed on November 26, 1999, amended on April 30, 2004, and its Appendices and implementing Protocols;

In order to implement the Agreement on road transport signed between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China on November 22, 1994, and its amending and implementing Protocols;

In order to implement the Agreement on road motorized vehicle facilitation signed between the Government of the Socialist Republic of Vietnam and the Government of the Lao People’s Democratic Republic on April 23, 2009, and its implementing Protocol;

In order to implement the Agreement on road transport signed between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on June 01, 1999, and its amending and implementing Protocols;

In order to implement the Memorandum of Understanding on Road Transport among the Governments of the Kingdom of Cambodia, the Lao People’s Democratic Republic, and the Socialist Republic of Vietnam signed on January 17, 2013;

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; the Law dated June 18, 2020 amending and supplementing a number of articles of the Law on Promulgation of Legal Documents;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree prescribing road transport operations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes transport business and its conditions, the issuance and revocation of business licenses for transport using automobiles and four-wheeled motor-propelled vehicles; issuance and revocation of vehicle stickers; transport for own account using automobiles and four-wheeled motor-propelled vehicles; order and procedures for issuance, re-issuance and revocation of cross-border transport permits and vehicle cross-border transport permits for transport operators and vehicles; extension of vehicle operation period in Vietnam for foreign vehicles participating in the transport of passengers and goods between Vietnam and other countries under treaties to which the Socialist Republic of Vietnam is a party.

Article 2. Subjects of application

1. This Decree applies to organizations and individuals doing business in, or related to, transport using automobiles and four-wheeled motor-propelled vehicles; and to cross-border road transport operations between Vietnam and other countries under treaties to which the Socialist Republic of Vietnam is a party.

2. This Decree does not apply to those exempted from permits under treaties on cross-border road transport to which Vietnam is a party.

Article 3. Interpretation of terms

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

1. Terminals include passenger terminals and goods terminals. A passenger terminal serves passenger vehicles in picking up and dropping off passengers and provides auxiliary services for passenger transport; a goods terminal serves goods vehicles in loading and unloading goods and provides auxiliary services for goods transport.

2. Transit transport means fare-free passenger transport, conducted by a transport operator engaging in scheduled passenger transport[1] business or by a passenger terminal, using automobiles for the transport of persons to pick up/drop off passengers of scheduled transport routes at the passenger terminal or at designated embarkation/disembarkation points along the scheduled transport routes, within the localities where the route’s departure and arrival terminals are located.

3. Designed payload of an automobile means the maximum number of persons and weight of goods the automobile is permitted to carry as specified by the manufacturer.

4. Departure time of a trip means the time point that determines when a vehicle must depart from a passenger terminal.

5. Vehicle itinerary means the path of a vehicle over a specified route, defined by its point of departure, point of arrival, and all stopping places in between.

6. Vehicle schedule means the time from a vehicle’s departure until the end of its itinerary, with predetermined time points for certain locations along the vehicle itinerary.

7. Scheduled transport timetable[2] means the aggregate table of vehicle itineraries and vehicle schedules for cyclic vehicle trips over a specific period.

8. Safety management division of a transport operator means the in-house division established by such transport operator to monitor, supervise and manage drivers and vehicles to ensure traffic safety throughout transport business operations.

9. Commercial vehicle means a vehicle used to carry goods or passengers for commercial purposes.

10. Non-commercial vehicle means a vehicle of an organization or individual used for non-commercial purposes. Non-commercial vehicles do not include transport operators’ automobiles for the transport of persons which have 08 seats or more (excluding the driving seat).

11. Transport licensing database means a collection of electronic information about transport business licenses, information about stickers, information about transport operators, information about transport vehicles, cross-border transport permits and vehicle cross-border transport permits; information about routes; information about terminals.

12. Person directly operating transport operations means a personnel of a transport operator who is assigned in writing to operate transport and who participates in the tasks of the transport operator’s safety management division.

13. Scheduled transport route means a passenger transport route announced by the competent authority, determined by the vehicle itinerary, vehicle schedule, passenger terminal of departure and passenger terminal of arrival (origin and destination for bus routes). In cases where a route has multiple different itineraries, additional Vietnamese alphabet characters are appended to the end of the route code’s number string.

14. Open-top automobile (roofless vehicle) means a city passenger automobile without a roof covering all or part of the vehicle floor. For double-decker vehicles, only the second deck may be roofless. On any floor that is roofless, whether wholly or partly, standing places for passengers must not be arranged.

15. Transport operators include: enterprises issued with enterprise registration certificates and transport business licenses; cooperative groups, cooperatives and unions of cooperatives with cooperative registration certificates or partnership registration certificates and transport business licenses; and business households issued with business household registration certificates and transport business licenses. For cross-border road transport, transport operators include enterprises issued with enterprise registration certificates and transport business licenses; cooperative groups, cooperatives and unions of cooperatives with cooperative registration certificates or cooperative group registration certificates and transport business licenses.

Chapter II

PROVISIONS ON DOMESTIC ROAD TRANSPORT OPERATIONS

Section 1

PROVISIONS ON TRANSPORT BUSINESS USING AUTOMOBILES AND USING FOUR-WHEELED MOTOR-PROPELLED VEHICLES

Article 4. Scheduled passenger transport business using automobiles

1. A transport operator holding a business license for transport using automobiles that includes scheduled passenger transport may register to operate on a scheduled transport route as prescribed in Article 22 of this Decree.

2. A scheduled transport route must originate from and terminate at passenger terminals that have been announced for operation.

3. The provincial-level Department of Transport performing route management shall:

a) Formulate, adjust, supplement and announce the list of intra-provincial networks of scheduled transport routes; coordinate with the provincial-level Department of Transport in the locality where the opposite terminal of the route is located to formulate, adjust, supplement and announce the list of inter-provincial networks of scheduled transport routes in line with the principle of ensuring stability for announced routes; for provinces/centrally-run cities with directional terminals, the principle is that a transport route running in a given direction shall start and end at the terminal of respective direction;

b) Announce the scheduled transport timetable and update the list of route networks with the following information: the maximum number of permitted trips on the route, the minimum time interval between adjacent trips, the departure times of trips already registered by transport operators; announce the list of transport operators operating on the route on the online public service portal of the Ministry of Transport; establish and announce embarkation/disembarkation points on the route;

c) Monitor and compile transport operation results of transport operators and terminals on the route.

4. Automobiles used for scheduled passenger transport business shall:

a) Have priority seats for persons with disabilities, the elderly and pregnant women;

b) Bear the sticker “XE TUYẾN CỐ ĐỊNH” (SCHEDULED TRANSPORT VEHICLE) made using Form No. 01 provided in Appendix XIII to this Decree, affixed permanently at the upper-right corner immediately below the inspection stamp, on the inside of the front windshield;

c) Have all required information visibly displayed on the vehicle.

5. Automobiles used for transit transport shall:

a) Be automobiles for the transport of persons which have no more than 29 seats (excluding the driving seat);

b) Bear the sticker “XE TRUNG CHUYỂN” (TRANSIT VEHICLE) made using Form No. 02 provided in Appendix XIII to this Decree, affixed permanently at the upper-right corner immediately below the inspection stamp, on the inside of the front windshield; and have all required information visibly displayed on the vehicle.

c) Conduct transit transport only within the provincial-level localities that issued the respective “XE TRUNG CHUYỂN” (TRANSIT VEHICLE) stickers.

6. Provisions on operation of additional vehicles on a scheduled transport route in case of surge in passengers

a) Operation of additional vehicles during holidays, Lunar New Year, national high school graduation examinations, and university/college entrance examinations: the transport operator engaging in scheduled passenger transport business, based on travel demand, shall coordinate with the passenger terminal to prepare a plan on operation of additional vehicles on the scheduled transport route and notify the provincial-level Departments of Transport in the localities where the route’s departure and arrival terminals are located of such plan for coordination and management;

b) Operation of additional vehicles on weekends (Friday, Saturday and Sunday) with sudden surges in passengers: the transport operator engaging in scheduled passenger transport business, based on travel demand, shall coordinate with the passenger terminal to prepare a plan on operation of additional vehicles on the scheduled transport route and notify the provincial-level Departments of Transport in the localities where the route’s departure and arrival terminals are located of such plan for implementation during the year. Based on the plan on operation of additional vehicles notified to the provincial-level Departments of Transport in the localities where the route’s departure and arrival terminals are located, and actual passenger flows through the terminal, the passenger terminal shall approve the respective trips of additional vehicles in the waybills of the transport operator upon execution thereof. The additional vehicles must bear valid stickers “XE TUYẾN CỐ ĐỊNH” (SCHEDULED TRANSPORT VEHICLE), “XE HỢP ĐỒNG” (NON-SCHEDULED TRANSPORT VEHICLE) or “XE BUÝT” (BUS) for inter-provincial operation.

7. The provider of passenger terminal services shall confirm in the waybill of the transport operator when the vehicle departs. the following: license plate number, quantity of passengers and the vehicle’s departure time.

8. Transport operators engaging in scheduled passenger transport business using automobiles must retain waybills of completed trips for at least 03 years.

Article 5. Public passenger transport using buses

1. A transport operator holding a business license for transport using automobiles that includes public passenger transport using buses may engage in public passenger transport using buses on intra-provincial and inter-provincial bus routes.

2. Automobiles used for public passenger transport using buses shall:

a) Have priority seats for persons with disabilities, the elderly, pregnant women, and children under 6 years of age;

b) Bear the sticker “XE BUÝT” (BUS) made using Form No. 03 provided in Appendix XIII to this Decree, affixed permanently at the upper-right corner immediately below the inspection stamp, on the inside of the front windshield; and have all required information visibly displayed on the vehicle;

c) Have seating/standing places and meet other technical requirements for buses, which comply with national technical regulations on quality, technical safety and environmental protection for automobiles.

3. The provincial-level Department of Transport managing intra-provincial and inter-provincial bus routes shall

a) Formulate, adjust, supplement and announce the list of route networks, scheduled transport timetables, and fares;

b) Propose, formulate, and report to the provincial-level People’s Committee on: support policies of the State to encourage the development of public passenger transport using buses within the locality; organization of bidding and criteria for placing orders to operate bus routes in the announced list of route networks in accordance with the law regulations on bidding; placement of orders to operate inter-provincial bus routes and bus routes using open-top automobiles for tourist transport that are not subsidized by the state budget, within the announced list of route networks;

c) Develop, maintain, and manage infrastructure serving bus operations; determine technical criteria, the locations of origins, destinations, and stops for bus routes within the locality;

d) Monitor and compile results of transport operations by transport operators on the routes; compile statistics on passenger volume.

4. Transport operators engaging in passenger transport business using buses shall retain waybills as follows:

a) Waybills of completed trips (not subsidized by the state budget) shall be retained for a minimum period of 03 years;

b) Waybills of completed trips (subsidized by the state budget) shall be retained within the retention period for accounting documents as prescribed in Clause 5, Article 41 of the 2015 Law on Accounting.

5. Buses shall be given priority in the allocation of bus stops for passengers to get on or off at passenger terminals, railway stations, airports, seaports, tourism zones, tourist attractions, tourist accommodation establishments, sightseeing spots, cultural and sports venues, shopping centers, transport hubs, and other locations connecting with different modes of transport; and shall also be given operational priority within urban traffic organization.

Article 6. Passenger transport business using taxis

1. A transport operator holding a business license for transport using automobiles that includes passenger transport using taxis may engage in passenger transport business using taxis.

2. Automobiles used for public passenger transport using taxis shall:

a) Comply with Clause 9, Article 56 of the Law on Roads;

b) Bear the sticker “XE TAXI” (TAXI) made using Form No. 04 provided in Appendix XIII to this Decree, affixed permanently at the upper-right corner immediately below the inspection stamp, on the inside of the front windshield; and have all required information visibly displayed on the vehicle in accordance with the regulations;

c) The wording “XE TAXI” (TAXI) made of reflective material with minimum dimensions of 06 × 20 cm using Form No. 05 provided in Appendix XIII to this Decree must be affixed (permanently) on the front and rear windshields. In cases where it is displayed by an electronic device, the wording “XE TAXI” (TAXI) must be constantly illuminated and have minimum dimensions of 06 × 20 cm.

A roof-mounted light box bearing the word “TAXI” with minimum dimensions of 12 × 30 cm may be optionally installed. In cases where a roof-mounted light box bearing the word “TAXI” is installed, the wording “XE TAXI” (TAXI) need not be affixed (permanently) on the front and rear windshields.

3. Fares calculated by taximeter

a) Each vehicle must be equipped with a taximeter that is metrologically verified and lead-sealed by the competent authority, and with an invoice/receipt printer connected to the taximeter. The meter and printer must be installed where passengers can easily observe them. The driver must issue an e-invoice to the passenger at trip end;

b) The receipt must include at least the following information: name of the transport operator; license plate numbers, the trip distance (km) and total amount payable by the passenger.

4. Fares calculated by a fare-calculation software application connected directly with passengers via electronic means for ride requests, cancellations and fare calculation (hereinafter referred to as fare app)

a) Each vehicle must be equipped with a device connected directly with passengers for requesting and canceling rides;

b) The trip fare is calculated according to the distance determined on the digital map;

c) The fare app must comply with the law regulations on electronic transactions; the passenger-facing interface must display the name or logo of the transport operator and must provide, before the trip, at least: name of the transport operator, the driver’s full name, the vehicle’s license plate numbers, itinerary, trip distance (km), total amount payable by the passenger, and the contact number for addressing passenger feedback.

5. Fares agreed with the transport operator

The trip fare may be agreed between the passenger and the transport operator according to a fare schedule visibly displayed on the taxi or via the fare app of the transport operator engaging in passenger transport business using taxis.

6. Upon trip completion, a transport operator using a fare app must send the passenger (via the app) the e-invoice for the trip and, at the same time, transmit invoice information to the tax office in accordance with regulations.

7. The transport operator engaging in passenger transport business using taxis must notify the provincial-level Department of Transport that issued its transport business license and the tax administration office (in the locality where it declares and pays taxes) of the fare calculation method used on its taxis.

8. Taxis shall be given priority in the allocation of taxi stands for passengers to get on or off at passenger terminals, railway terminals, airports, seaports, tourism zones, tourist attractions, tourist accommodation establishments, sightseeing spots, cultural and sports venues, shopping centers; and shall also be given operational priority within urban traffic management.

Article 7. Non-scheduled passenger transport business

1. A transport operator holding a business license for transport using automobiles that includes non-scheduled passenger transport business may engage in non-scheduled passenger transport business.

2. Automobiles used for non-scheduled passenger transport business shall:

a) Comply with Clause 10, Article 56 of the Law on Roads;

b) Bear the sticker “XE HỢP ĐỒNG” (NON-SCHEDULED TRANSPORT VEHICLE) made using Form No. 06 provided in Appendix XIII to this Decree, affixed permanently at the upper-right corner immediately below the inspection stamp, on the inside of the front windshield; and have all other required information visibly displayed on the vehicle in accordance with the regulations;

c) The wording “XE HỢP ĐỒNG” (NON-SCHEDULED TRANSPORT VEHICLE) made of reflective material with minimum dimensions of 06 × 20 cm using Form No. 07 provided in Appendix XIII to this Decree must be affixed (permanently) on the front and rear windshields. In cases where it is displayed by an electronic device, the wording “XE HỢP ĐỒNG” (NON-SCHEDULED TRANSPORT VEHICLE) must be constantly illuminated and have minimum dimensions of 06 × 20 cm.

3. A written transport agreement must be negotiated and signed before transport is performed between the transport operator engaging in non-scheduled passenger transport and the transport hirer, including the hiring of the driver. In cases where a transport operator uses automobiles for the transport of persons which have 08 seats or more (excluding the driving seat), or automobiles designed or converted to have fewer than 08 seats from a vehicle originally having more than 08 seats (excluding the driving seat), there must be a written transport agreement between the transport operator engaging in passenger transport business and the transport hirer, including the hiring of the driver.

4. Transport operators and drivers engaging in non-scheduled passenger transport business

a) The transport operators must not: confirm seat reservations for individual passengers outside the signed agreement; sell tickets; collect fires outside the signed agreement; or fix itineraries and schedules to serve multiple passengers or multiple different transport hirers;

b) A driver may pick up and drop off passengers only at the locations stated in the signed agreement; may not solicit or pick up passengers outside the passenger list attached to the signed agreement provided by the transport operator; and may not pick up or drop off passengers at the head office, branch, representative office or any specified place that is leased by, or co-operates with, the transport operator, or along urban streets.

5. When transporting passengers, in addition to the documents that must be carried as prescribed in Clause 1, Article 56 of the Law on Road Traffic Order and Safety, the driver shall:

a) Carry the transport operator’s written transport agreement (unless otherwise prescribed at Point c of this Clause);

b) Carry the passenger list bearing the transport operator’s confirmation seal (unless otherwise prescribed at Point c of this Clause);

c) Have a device that enables access to the electronic transport agreement and attached passenger list provided by the transport operator, in cases where using an electronic transport agreement;

d) Not be required to comply with Points a, b and c of this Clause when performing transport for funerals or weddings.

6. Transport operator engaging in non-scheduled passenger transport business shall retain transport agreements together with passenger lists for at least 03 years.

7. Non-scheduled passenger transport, and transport of preschool children, pupils, students, cadres and employees to school or work

a) A transport operator engaging in non-scheduled passenger transport business shall sign a written transport agreement with the transport hirer;

b) The driver may pick up and drop off preschool children, pupils, students, cadres, civil servants, public employees, workers only at locations stated in the signed agreement; transport only the designated individuals and is not required to comply with Point b, Clause 4 of this Article.

8. Automobiles used for transport of preschool children and pupils; and automobiles used for transport business combined with shuttle of preschool children and pupils shall comply with this Decree and the Government’s Decree No. 151/2024/ND-CP dated November 15, 2024 detailing a number of articles and measures for implementation of the Law on Road Traffic Order and Safety.

9. Except for emergency rescue of persons and urgent missions such as in disasters or war as required by competent forces, automobiles used for non-scheduled passenger transport business must not pick up or drop off passengers outside the locations stated in the agreement.

10. Periodically, from the 1^st to the 5^th of every month, the provincial-level Department of Transport shall notify in writing the list of vehicles newly issued with the “xe hợp đồng” (non-scheduled transport vehicle) sticker in the preceding month to the commune-level People’s Committees of the locality where the transport operator’s head office or branch is located for coordination in management; and shall publicly post such list on its website.

Article 8. Goods transport business using automobiles

1. A transport operator holding a business license for transport using automobiles, which includes one or more of the types of goods transport business prescribed in Clause 2, Clause 3 and Clause 4 of this Article, may engage in the registered type(s) of goods transport business.

2. Goods transport business by cargo taxi means using automobiles with a payload of up to 1,500 kilograms to transport goods, and the transport hirer pays the driver according to the taximeter or according to the fare app in the vehicle. The outside of both sides of the vehicle’s body or doors must display the wording “TAXI TẢI” (CARGO TAXI) made using Form No. 08 provided in Appendix XIII to this Decree, together with the transport operator’s contact telephone number and name.

3. Oversized and overweight goods transport business

a) The oversized and overweight goods transport business means the use of automobiles to transport indivisible and non-detachable goods, which, when transported on roads, cause the vehicle or combination of vehicles to exceed the permissible limits for roadworthiness in terms of dimensions or weight as prescribed by law regulations;

b) When transporting oversized and overweight goods, compliance with Article 53 of the Law on Road Traffic Order and Safety is required.

4. Dangerous goods transport business

a) The dangerous goods transport business means the use of automobiles to transport goods containing hazardous substances that may pose risks to human life and health, the environment, safety, and national security;

b) When transporting dangerous goods, compliance with Article 51 of the Law on Road Traffic Order and Safety is required.

5. Ordinary goods transport business means a type of goods transport business other than those prescribed in Clauses 2 and 3 of this Article.

6. Trailer-towing or semi-trailer-towing vehicles used for goods transport business, cargo vehicles used for ordinary goods transport business, and cargo taxis must bear the sticker “XE TẢI” (GOODS TRANSPORT VEHICLE) made using Form No. 09 provided in Appendix XIII to this Decree, affixed permanently at the upper-right corner immediately below the inspection sticker, on the inner side of the front windshield.

7. Transport operators engaging in goods transport business shall be responsible for ensuring compliance with regulations on loading goods onto automobiles.

8. Transport operators engaging in goods transport business shall issue a Transport document to the driver during the transport of goods on roads. The waybill must include confirmation (signature and full name) of the cargo weight loaded onto the vehicle by the goods owner (or a person authorized by the goods owner) or a representative of the organization or individual loading the goods.

9. When transporting goods, the driver must carry the Transport document in paper form or have a device to access the software displaying the details of the Transport document, along with other required documents for the driver and vehicle as prescribed by law regulations. Transport operators and drivers shall not transport goods exceeding the permissible weight limit for roadworthiness.

10. The transport of bicycles, motorcycles, mopeds, and similar vehicles through road tunnels shall comply with Clause 4 of this Article.

11. The Transport document, in paper or electronic form, shall be issued by the transport operator engaging in goods transport business and must include at least the following information: name of the transport operator; the vehicle’s license plate number; name of the organization or individual that is the transport hirer; vehicle itinerary (origin and destination); the transport agreement’s number and date of signing (if applicable); type and weight of goods transported on the vehicle. Transport operators engaging in goods transport business shall retain Transport documents for completed trips for a minimum period of 03 years.

12. Compensation for damaged, lost, or deficient goods shall be carried out in accordance with the transport agreement or any arrangement between the transport operator and the organization or individual hiring the transport.

Article 9. Passenger transport business using four-wheeled motor-propelled vehicles

1. A transport operator holding a transport business license that includes transport business using four-wheeled motor-propelled vehicles may use such vehicles to transport passengers for business purposes.

2. Transport operators engaging in passenger transport business using four-wheeled motor-propelled vehicles must use the vehicles satisfying the roadworthiness conditions prescribed at Point d, Clause 1, Article 34 and Clause 1, Article 48 of the Law on Road Traffic Order and Safety; and must instruct passengers to ensure traffic safety when seated in the vehicle.

3. Transport operators engaging in transport business using four-wheeled motor-propelled vehicles shall comply with Article 11 of this Decree (except Point a, Clause 3, Clause 5, Clause 9 and Clause 10).

4. Vehicles must bear the sticker “XE CHỞ KHÁCH” (PASSENGER TRANSPORT VEHICLE) made using Form No. 10 provided in Appendix XIII to this Decree, affixed permanently on the right-hand side of the inside of the front windshield.

Article 10. Goods transport business using four-wheeled motor-propelled vehicles

1. A transport operator holding a transport business license that includes transport business using four-wheeled motor-propelled vehicles may use such vehicles to transport goods for business purposes.

2. Transport operators must use four-wheeled motor-propelled vehicles satisfying the roadworthiness conditions prescribed at Point dd, Clause 1, Article 34 and Clause 1, Article 48 of the Law on Road Traffic Order and Safety; and must comply with regulations on the loading of goods onto vehicles.

3. Transport operators engaging in transport business using four-wheeled motor-propelled vehicles shall comply with Article 11 of this Decree (except Point a, Clause 3, Clause 5, Clause 9 and Clause 10).

4. Vehicles must bear the sticker “XE CHỞ HÀNG” (GOODS TRANSPORT VEHICLE) made using Form No. 11 provided in Appendix XIII to this Decree, affixed permanently on the right-hand side of the inside of the front windshield.

Article 11. Safety assurance in transport operations using automobiles and four-wheeled motor-propelled vehicles

1. A transport operator engaging in transport business using automobiles and four-wheeled motor-propelled vehicles must have a safety management division, formulate and implement measures to ensure traffic safety in transport operations meeting the following requirements:

a) It must have a person directly operating transport operations as prescribed in Clause 2 of this Article and personnel to monitor and supervise drivers and vehicles throughout transport business operations;

b) Formulate and implement traffic safety tasks as prescribed in this Article;

c) Assign tasks to drivers; employ only drivers who hold appropriate driving licenses for the vehicle types prescribed in Article 57 of the Law on Road Traffic Order and Safety and who have been issued with certificates of completion of professional transport training to drive vehicles used for transport business.

2. The person directly operating transport operations for a transport operator must meet the following requirements:

a) If it is a transport operator engaging in scheduled passenger transport business, passenger transport business using buses, passenger transport business using taxis, and goods transport using trailer-towing or semi-trailer-towing vehicles: He/she must have professional qualifications in transport (a primary-level certificate in transport specialty or a diploma in road/transport specialty at intermediate level or higher);

b) If it is other passenger or goods transport operator (other than those mentioned at Point a of this Clause): He/she must satisfy the requirements prescribed at Point a of this Clause, or have at least 03 years of work experience at a transport operator, or be the owner of the business household that is the transport operator, or be the legal representative of the transport operator;

c) His/her working time at the transport operator must comply with law regulations on labor and be consistent with the business hours of the operator.

3. Before assigning a new transport task to a driver, the safety management division of the transport operator using automobiles or four-wheeled motor-propelled vehicles shall:

a) Consolidate and analyze data on each vehicle’s operation during performance of transport tasks via the tachograph and the driver image digital recorder (if the installation of them on the vehicle is required) to rectify, remind and handle violations;

b) Receive and resolve drivers’ proposals and feedback relating to traffic safety;

c) Coordinate with other divisions to assign vehicles and drivers to perform transport tasks, ensuring compliance with regulations on continuous driving time, daily and weekly driving time and break time for drivers as prescribed in Article 64 of the Law on Road Traffic Order and Safety.

4. Before performing a transport task, the safety management division or the person directly operating transport operations or a manager assigned by the transport operator and the driver must (for taxi transport business, they shall follow the transport operator’s business plan):

a) Check the driver’s driving license; the certificate of vehicle periodic technical inspection for technical safety and environmental protection; the vehicle registration certificate; the waybill, if it is scheduled passenger transport or passenger transport using buses; the transport agreement, if it is non-scheduled passenger transport; or the transport document, if it is goods transport;

b) Inform the driver in person or via the transport operator’s software of the customer’s transport requirements;

c) Check the driver’s blood alcohol and drug concentration (if the transport operator is equipped with testing devices or tools).

5. After being assigned and before the vehicle departs, the driver assigned to the transport task must check the vehicle’s technical safety conditions, at least as follows: check that the tachograph and driver image digital recorder (if the installation of them on the vehicle is required) are in good working order; check the steering system; check the wheels; check the braking system; the lighting and horn systems; and the information visibly displayed on the vehicle.

6. Before the vehicle departs to perform the transport task, the driver must use his/her driver identification card to log in via the card reader of the tachograph installed on the vehicle.

7. When the vehicle is on roads

a) The safety management division or the person assigned safety management tasks of the transport operator shall, through data from the tachograph, promptly inform the driver to rectify violations upon detecting excessive continuous driving time, excessive daily driving time, wrong itinerary, or malfunctioning tachograph;

b) The driver must strictly comply with traffic safety regulations while driving the vehicle to transport passengers and goods; comply with regulations on continuous driving time, daily and weekly driving time, speed, itinerary, and ensure the tachograph and driver image digital recorder (if the installation of them on the vehicle is required) are always operational; and immediately report the time, location, and cause of any incident that pose risk of traffic safety loss so that the transport operator can take timely remedial action.

8. When the driver completes the assigned task or work shift

a) The safety management division or the person directly operating transport operations or a manager assigned by the operator shall: compile statistics on the distance traveled by the vehicle as a basis for planning and implementing vehicle maintenance and repair schedules in accordance with periodic maintenance cycles; compile statistics on and monitor the maintenance and repair results of each vehicle; compile statistics on violations of vehicle speed, continuous driving time, daily and weekly driving time, deviations from the transport itinerary, and interruptions in data from the tachograph and driver image digital recorder (if the installation of them on the vehicle is required); report to the operator’s leaders for handling in accordance with internal regulations; and summarize incidents that pose a risk of traffic safety loss during transport business operations;

b) The driver shall: use his/her driver identification card to log out via the card reader of the vehicle’s tachograph; and after completing the itinerary or work shift, before leaving the vehicle, check the passenger cabin to ensure no passengers remain on board (if the vehicle is used for passenger transport business).

9. On a monthly, quarterly and annual basis, the safety management division (or a manager assigned by the transport operator) shall:

a) Compile statistics on the number of incidents, causes, and severity of traffic accidents that have occurred, for each driver and for the entire operator;

b) Develop and implement a response plan for incidents that pose a risk of traffic safety loss during transport business operations;

c) Organize reviews and lessons-learned sessions for all of the operator’s drivers after a serious or more severe traffic accident occurs during transport business operations;

d) Coordinate with the operator’s professional divisions to organize professional transport training for all of the operator’s drivers in accordance with regulations;

dd) Retain records and logbooks, in hard copy or stored in software, of the results of performing the tasks prescribed in Clause 2, Clause 3, and Point a, Clause 7 of this Article. The minimum retention period is 03 years.

10. Own-account transport operators must monitor, and compile statistics on, operations of drivers, automobiles and four-wheeled motor-propelled vehicles during the transport of cadres, employees and workers or preschool children and pupils; and during the transport of products, goods, equipment, tools, materials and fuels serving production and product consumption or services for own account of such transport operator.

Own-account transport operators and drivers must at least ensure safety management for own-account transport using automobiles and four-wheeled motor-propelled vehicles under the following:

a) Point c, Clause 3 and Point c, Clause 4 of this Article 11;

b) Check the driver’s driving license; the certificate of vehicle periodic technical inspection for technical safety and environmental protection; and the vehicle registration certificate;

c) After being assigned the task and before the vehicle departs, the driver assigned the transport task must check to ensure the technical safety of the vehicle; check the steering system; check the wheels; check the braking system; the lighting and horn systems; and the information visibly displayed on the vehicle. When the vehicle is on roads, the driver must strictly comply with traffic safety regulations while operating the vehicle to transport passengers and goods; comply with regulations on continuous driving time, daily and weekly driving time, speed, and itinerary; and immediately report the time, location, and cause of any incident that poses a risk of traffic safety loss so that the operator can take timely remedial action. After completing the itinerary or work shift, and before leaving the vehicle, the driver must check the passenger cabin to ensure no passengers remain on board (if the vehicle is used for passenger transport business);

d) The own-account transport operator shall: monitor, and compile statistics on, the operational process of the vehicle and driver in performing transport tasks; issue reminders and corrections when incidents that pose a risk of traffic safety loss occur; compile statistics on the distance traveled by the vehicle as a basis for planning and implementing vehicle maintenance and repair schedules in accordance with periodic maintenance cycles; compile statistics on and monitor the maintenance and repair results of each vehicle; and summarize incidents that pose a risk of traffic safety loss while the vehicle is in operation on roads.

11. Passenger or goods terminal service providers must fully comply with Clause 2, Article 72 of the Law on Roads; and must formulate and implement procedures for safe vehicle entry into and exit from the terminals to ensure the safety of vehicles operating within the terminals.

12. Transport operators engaging in transport business shall:

a) Use automobiles and four-wheeled motor-propelled vehicles for transport business that satisfy the roadworthiness conditions prescribed in Clauses 1 and 2, Article 35 and Clauses 1, 2 and 3, Article 40 of the Law on Road Traffic Order and Safety; have seat belts at all seats and sleeper berths (unless they are intra-provincial buses); and provide instructions to passengers on traffic safety and emergency escape in case of an incident on board;

b) Not use passenger vehicles which have two decks and sleeper berths on Grade V and Grade VI mountainous roads;

c) Employ drivers who have at least 02 years of experience driving passenger vehicles with a designed payload of more than 29 seats (excluding the driving seat) to drive passenger vehicles which have two decks and sleeper berths;

d) Prepare and fully update the prescribed information on the operational history of the operator’s automobiles, four-wheeled motor-propelled vehicles, and drivers in the vehicle and driver history reports;

dd) The transport operator engaging in passenger transport business, the driver, and on-board attendants (if any), when accepting consigned goods for transport by the automobile (where the consignor does not accompany the goods), must comply with Article 68 of the Law on Roads.

13. The minimum break time between 2 periods of continuous driving are as follows:

a) At least 05 minutes for taxi drivers and intra-provincial bus drivers;

b) At least 15 minutes for drivers of automobiles used for scheduled passenger transport, inter-provincial buses, automobiles used for non-scheduled passenger transport, and automobiles used for goods transport.

Article 12. Organization of professional transport training for drivers engaging in transport business

1. Trainees: drivers engaging in transport business.

2. The framework professional transport training program.

a) Minimum knowledge volume and training duration

Minimum knowledge volume: 04 modules (from Module 1 to Module 4); minimum training duration: 24 hours;

b) Knowledge structure of the training program

3. Training frequency

a) Before a driver engages in transport business operations;

b) On a periodical basis, but within a period of no more than 05 years from the date the certificate of training is issued.

4. Trainers are persons who satisfy one of the following two requirements:

a) Transport specialty teachers from the schools at intermediate level or higher that provide road transport training; persons with a qualification in transport specialty at intermediate level or higher;

b) Persons holding a college or university degree in another specialty who have at least 03 years of working experience in management or operation of road transport.

5. A transport operator shall be responsible for organizing professional transport and traffic safety training for its drivers engaging in transport business and shall meet the following requirements:

a) Compliance with Clauses 1, 2, 3, and 4 of this Article is required;

b) During the training process, the transport operator may coordinate with other transport operators, the Vietnam Automobile Transportation Association, local automobile transportation associations, driver training institutions, training and professional development schools for cadres and civil servants of ministries and ministerial-level agencies, and intermediate-level or higher vocational schools (those with a transport specialization) to organize training for drivers;

c) When organizing training, the training organizer shall notify the local provincial-level Department of Transport at least 05 working days in advance of the training plan, location, list of trainers, and list of trainees for inspection and supervision;

d) Training format: in-person or online.

6. Training organizers

a) Transport operators may organize the training themselves or coordinate with the entities prescribed at Point b, Clause 5 of this Article to organize training for drivers in accordance with regulations;

b) Before organizing training, the transport operator, local automobile transport association, or driver training institution (the training organizer) must develop a training plan that covers: the appropriate number of driver training classes to be organized, based on local needs; either division of drivers into classes based on transport specialization, such as goods or passengers, or organization of a general class for them all; the time, location, list of trainers, schedule of lessons, and a contact phone number; and must report such plan to the local provincial-level Department of Transport for inspection and supervision;

c) The training organizer shall manage and supervise the training process, conduct examinations, and issue Certificates of Training, made using the form provided in Appendix VI to this Decree, to those who have completed the training; and shall retain the training program records and results for a minimum period of 03 years.

7. Organization of examinations and issuance of Certificates of Training

a) An examination shall be organized as follows:

Trainees must attend the full training duration to be eligible for the examination. At the end of the training program, trainees must complete a 120-minute examination. The score of the end-of-training examination shall be graded on a 10-point scale; a score of 5 or higher is a pass;

b) The examination shall be held in person and paper-based;

c) Issuance of Certificates of Training: drivers engaging in transport business who score 5 or higher on an examination shall be issued with Certificates of Training by the training organizer in accordance with Point c, Clause 6 of this Article. Drivers engaging in transport business who score below 5 on the examination may re-take the examination at least 05 working days after each training. A Certificate of Training shall be valid for a period of 05 years from the date of issue.

8. Provincial-level Departments of Transport shall:

a) Assign officers to inspect in person, or inspect via online monitoring cameras, the training organized by the training organizers;

b) Not recognize the training results and require the training organizers to re-organize training in accordance with regulations in cases where such organizers fail to notify the provincial-level Departments of Transport as prescribed at Point c, Clause 5 of this Article or fail to satisfy the requirements prescribed at Point a, Clause 5 of this Article.

9. The Department for Roads of Vietnam shall compile and publish training materials and the framework professional transport training program for drivers engaging in transport business.

Section 2

PROVISIONS ON CONDITIONS FOR TRANSPORT BUSINESS USING AUTOMOBILES AND USING FOUR-WHEELED MOTOR-DRIVEN VEHICLES

Article 13. Conditions for passenger transport business using automobile

1. Automobiles used for passenger transport business must be under ownership of, or lawfully used under written vehicle lease agreements with organizations and individuals or business cooperation agreements in accordance with law regulations by, the transport operator engaging in passenger transport business using automobiles. In cases where the vehicle is registered under ownership of a member of the cooperative, there must be a service agreement between such member and the cooperative, which prescribes that the cooperative has the rights, responsibilities and obligations to manage, use and operate the automobile owned by such member.

2. Each automobiles used for transport business must be equipped with a tachograph and a driver image digital recorder as prescribed in Clause 2, Article 35 of the Law on Road Traffic Order and Safety.

3. Automobiles used for scheduled passenger transport business must have a capacity of 08 seats or more (excluding the driving seat) and a service life as follows: no more than 15 years for vehicles operating on routes longer than 300 kilometers, and no more than 20 years for vehicles operating on routes of 300 kilometers or less.

4. Automobiles used for passenger transport business using buses must have a capacity of 08 seats or more (excluding the driving seat) and a service life of no more than 20 years.

5. Automobiles used for passenger transport business using taxis must have a capacity of fewer than 08 seats (excluding the driving seat) and a service life of no more than 12 years. Automobiles designed or converted to have fewer than 08 seats from a vehicle originally having more than 08 seats (excluding the driving seat) shall not be used for passenger transport business using taxis.

6. Automobiles used for non-scheduled passenger transport business shall have a capacity of more than 08 seats (excluding the driving seat) and a service life as follows: no more than 15 years for vehicles operating on itineraries longer than 300 kilometers, and no more than 20 years for vehicles operating on itineraries of 300 kilometers or less.

Automobiles used for non-scheduled passenger transport business with a capacity of fewer than 08 seats (excluding the driving seat) under electronic transport agreements shall have a service life of no more than 12 years.

Article 14. Conditions for goods transport business using automobile

1. Automobiles used for goods transport business must be under ownership of, or lawfully used under written vehicle lease agreements with organizations and individuals or business cooperation agreements in accordance with law regulations by, the transport operator engaging in goods transport business.

In cases where the vehicle is registered under ownership of a member of the cooperative, there must be a service agreement between such member and the cooperative, which prescribes that the cooperative has the rights, responsibilities and obligations to manage, use and operate the automobile owned by such member.

2. Automobiles used for goods transport business must satisfy the requirements prescribed in Clause 11, Article 56 of the Law on Roads and must have a service life as prescribed in Clauses 1, 2 and 3, Article 40 of the Law on Road Traffic Order and Safety.

Article 15. Conditions for passenger transport business using four-wheeled motor-propelled vehicles

1. Four-wheeled motor-propelled vehicles used for passenger transport business must be under ownership of, or lawfully used under written vehicle lease agreements with organizations and individuals or business cooperation agreements in accordance with law regulations by, the transport operator engaging in passenger transport business using four-wheeled motor-propelled vehicles. In cases where the vehicle is registered under ownership of a member of the cooperative, there must be a service agreement between such member and the cooperative, which provides that the cooperative has the rights, responsibilities and obligations to manage, use and operate the four-wheeled motor-propelled vehicle owned by such member.

2. Four-wheeled motor-propelled vehicles used for passenger transport business must have a service life of no more than 20 years.

Article 16. Conditions for goods transport business using four-wheeled motor-propelled vehicles

1. Four-wheeled motor-propelled vehicles used for goods transport business must be under ownership of, or lawfully used under written vehicle lease agreements with organizations and individuals or business cooperation agreements in accordance with law regulations by, the transport operator engaging in goods transport business.

In cases where the vehicle is registered under ownership of a member of the cooperative, there must be a service agreement between such member and the cooperative, which provides that the cooperative has the rights, responsibilities and obligations to manage, use and operate the four-wheeled motor-propelled vehicle owned by such member.

2. Four-wheeled motor-propelled vehicles used for goods transport business must have a service life as prescribed in Clauses 1 and 2, Article 40 of the Law on Road Traffic Order and Safety.

Section 3

PROVISIONS ON TRANSPORT AGREEMENTS

Article 17. General provisions on transport agreements

1. A written passenger or goods transport agreement (in paper or electronic form) means an agreement between the parties thereto; under which, the transport operator shall transport passengers and their luggage, or goods to the agreed-upon destination, and the passengers or the transport hirer must pay the fares.

2. A passenger or goods transport agreement (even if it is a written transport agreement in paper form or an electronic transport agreement) must contain at least the following information:

a) Information on the transport operator being a party to the agreement: its name, address, phone number, tax identification number, and the representative signatory (his/her name, personal identification number (citizen identity card number));

b) Information on the passenger or transport hirer (an organization or individual): his/her/its name, personal identification number (citizen identity card number), address, and phone number;

c) Information on performance of the agreement: start time (date, hour) and termination of the agreement; addresses of the origin, destination, and embarkation/disembarkation points (or goods loading/unloading points) on the transport itinerary; distance of the itinerary (km); quantity of passengers (or volume of goods transported);

d) Information on the value of the agreement and method of payment;

dd) Provisions on the responsibilities of the parties to the transport agreement, which state the fulfillment of the tax obligation toward the State; rights and obligations of the transport operator, passengers, or transport hirer; a contact phone number for receiving and resolving passengers’ feedback, complaints, and denunciations; commitment on the responsibility for performing the transport agreement and provisions on compensation for the transport hirer and passengers.

3. The basic details of a passenger or goods transport agreement shall be used for state-level governance of transport operations and must be provided to competent forces; and provided to pricing regulatory authorities, tax offices, the police and the road inspectors upon request.

Article 18. Provisions on performance of electronic transport agreements

1. Electronic transport agreements shall be performed in accordance with Article 17 of this Decree and other relevant law regulations.

2. A transport operator using electronic transport agreements shall:

a) Have a software interface provided to passengers or transport hirers that displays fully the transport operator’s name or logo and its emergency contact telephone number, and the basic details prescribed in Clause 2, Article 17 of this Decree;

b) Send the basic details of the passenger transport agreement and the e-invoice for the trip to the passenger’s or the transport hirer’s account used to conclude the agreement and to the tax office in accordance with regulations;

c) Retain the electronic transport agreement data for at least 03 years.

3. Drivers engaging in non-scheduled passenger transport business shall:

a) Comply with Clause 4, Article 7 of this Decree;

b) Be responsible for providing the details prescribed in Clause 2, Article 17 of this Decree to competent forces upon request.

4. Transport hirers and passengers concluding electronic transport agreements shall:

a) Use devices to access the software interface that displays the full text of the electronic transport agreement;

b) Comply with the Civil Code when entering into an electronic transport agreement with a transport operator.

Section 4

PROVISIONS ON ISSUANCE AND REVOCATION OF BUSINESS LICENSES FOR TRANSPORT USING AUTOMOBILES OR FOUR-WHEELED MOTOR-PROPELLED VEHICLES; ISSUANCE AND REVOCATION OF VEHICLE STICKERS; REGISTRATION FOR OPERATION, SUSPENSION OF OPERATION, AND REVOCATION OF OPERATION OF SCHEDULED PASSENGER TRANSPORT ROUTES

Article 19. Issuance of business licenses for transport using automobiles or four-wheeled motor-driven vehicles

1. A transport business license shall include the following details:

a) Name and address of the transport operator;

b) The business registration certificate (enterprise registration certificate), including: its number, date of issue, and issuing authority;

c) The legal representative;

d) Types of transport business;

dd) The licensing authority;

e) A QR code storing the electronic information of the transport business license.

2. The competent transport business licensing authority is the provincial-level Department of Transport of a province or centrally-run city.

Article 20. Dossier of request for issuance or re-issuance of a transport business license

1. A dossier of request for issuance of a transport business license shall comprise of:

a) A written request for issuance of the transport business license, made using the form provided in Appendix I to this Decree;

b) A simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of the diploma or certificate of the person directly operating transport operations;

c) A simple copy, a certified true copy, an electronic copy certified from the original, an electronic copy from the master register, or an original of the establishment decision and regulations on the functions and tasks of the safety management division of the transport operator engaging in transport business using automobiles and four-wheeled motor-propelled vehicles;

d) A simple copy, a certified true copy, an electronic copy certified from the original, an electronic copy from the master register, or an original of the decision to assign tasks to the person operating transport operations.

2. A dossier of request for re-issuance of a transport business license due to changes in the details of the license shall comprise of:

a) A written request for re-issuance of the transport business license, in which the reason for re-issuance shall be clearly stated, made using the form provided in Appendix I to this Decree;

b) Documents proving the changes to the details stated in the transport business license, as prescribed in Clause 1 (except Points dd and e), Article 19 of this Decree (only documents relating to the changed details shall be submitted).

3. In case of re-issuance due to loss or damage of the transport business license, the dossier shall comprise of a written request for re-issuance of the transport business license made using the form provided in Appendix I to this Decree.

4. In case of re-issuance due to revocation of the transport business license, the dossier of request for re-issuance of the transport business license shall comprise of:

a) The documents prescribed in Clause 1 of this Article for the transport operator;

b) Documents proving the remediation of the violations prescribed at Point a and Point d, Clause 6, Article 21 of this Decree.

Article 21. Procedures for issuance, re-issuance and revocation of licenses for transport business using automobiles or four-wheeled motor-propelled vehicles

1. Procedures for issuance of a business license

a) The transport operator shall submit 01 dossier of request for issuance of the transport business license to the provincial-level Department of Transport in the locality where the operator’s head office or branch is located, by one of the following methods: in person, online or by postal service. In cases where any amendment or supplementation to the dossier is necessitated, the transport business licensing authority shall notify the transport operator of the amendment or supplementation to be made in person or in writing or via the online public service system within 03 working days from the date on which the dossier is received;

b) Within 05 working days from receipt of a complete dossier in accordance with regulations, the transport business licensing authority shall appraise the dossier and issue the business licenses for transport using automobiles and using four-wheeled motor-driven vehicles made using the form in Appendix II to this Decree. In cases where a transport business license is not issued, the transport business licensing authority must reply in writing or via the online public service system and clearly state the reasons.

2. Procedures for re-issuance of a transport business license when there are changes relating to the details of the license or when the license has been revoked shall be carried out in accordance with Clause 1 of this Article.

3. Procedures for re-issuance of a transport business license in cases where the license is lost or damaged

a) The transport operator shall submit 01 dossier of request for re-issuance of the transport business license to the provincial-level Department of Transport in the locality where the operator’s head office or branch is located. In cases where any amendment or supplementation to the dossier is necessitated, the transport business licensing authority shall notify the transport operator of the amendment or supplementation to be made in person or in writing or via the online public service system within 02 working days from the date on which the dossier is received;

b) Within 03 working days from receipt of a complete dossier in accordance with regulations, the transport business licensing authority shall issue the business licenses for transport using automobiles and using four-wheeled motor-driven vehicles made using the form in Appendix II to this Decree. In cases where a transport business license is not issued, the transport business licensing authority must reply in writing or via the online public service system and clearly state the reasons.

4. The transport business licensing authority shall verify information on the business registration certificate or enterprise registration certificate on the National Business Registration Portal or the business information portal of provincial-level Department of Planning and Investment before issuing the transport business license.

5. Dossiers shall be received and results shall be returned at the Single-Window section of the transport business licensing authority or via postal service. In cases where the dossier is received in person at the transport business licensing authority or via postal service, the receiving officer shall update information from compliant dossiers into the online public service system of the Ministry of Transport.

The transport business licensing authority shall process dossiers and issue transport business licenses on the online public service system of the Ministry of Transport.

6. A transport operator shall have its transport business license revoked indefinitely in any of the following cases:

a) It provides a copy inconsistent with the original or incorrect information in the dossier of request for issuance of a business license;

b) It fails to engage in transport business for all business types stated in the business license for a period of 06 months or more from the date on which the business license is issued, or it suspends transport business for all business types stated in the business license for 06 consecutive months or more;

c) It terminates operation in accordance with law regulations or at its own request;

d) It tampers with or falsifies data from the tachograph or image data from the driver image digital recorder installed on the vehicle before, during, and after data transmission;

dd) It fails to comply with an inspection or examination decision from a competent authority regarding compliance with the regulations on business and conditions for transport business using automobiles;

e) It has 30% or more of its vehicles subject to violation handling in the form of revocation or deprivation of their stickers within a period of 01 month;

g) It is subject to the deprivation of the right to use the transport business license on 02 or more occasions within 01 year;

h) It fails to register for tax or declare taxes in accordance with law regulations on tax.

7. The transport business licensing authority shall revoke transport business licenses that it has issued, following the procedures below:

a) Issue a decision to revoke the transport business license;

b) Send the revocation decision to the transport operator and post the information on the website of the provincial-level Department of Transport;

c) Report to the provincial-level People’s Committee and notify relevant agencies of the revocation decision for coordinated implementation;

d) When the transport business licensing authority issues a decision to revoke the business license for the type of transport business in which a violation has been committed, the transport operator must, within 10 days from the date on which the decision is signed, return the business license and stickers to the transport business licensing authority, and, at the same time, suspend its transport business operations in accordance with the revocation decision.

In cases where the transport operator returns the license and stickers in accordance with the revocation decision, the transport business licensing authority shall not re-issue the transport business license within 30 days from the date on which the transport operator has returned the license and all stickers in accordance with the revocation decision.

In cases where, by the above deadline, the transport operator fails to return the license and stickers or has returned them but not in full in accordance with the revocation decision, the provincial-level Department of Transport shall not re-issue the transport business license within 45 days from the date on which the transport operator has returned the license and all stickers in accordance with the revocation decision. After the above time limit, if it wishes to continue engaging in transport business, the transport operator shall carry out procedures to be issued with a transport business license and stickers in accordance with Clause 1, Article 21 and Clause 6, Article 23 of this Decree.

8. Provincial-level Departments of Transport shall:

a) Manage and organize the printing of business licenses for transport using automobiles or four-wheeled motor-propelled vehicles using the form attached to this Decree; issue and re-issue business licenses for transport using automobiles or four-wheeled motor-propelled vehicles to transport operators engaging in passenger and goods transport business in the respective localities;

b) Periodically, from the 1^st to the 5^th of every month, publish on the website of the provincial-level Departments of Transport a list of vehicles (license plate number, type of sticker, and validity period of the sticker issued to each vehicle) and a list of transport operators (name of each operator, type of business for which a license has been issued, validity period of the business license for transport using automobiles); a list of vehicles whose stickers have been revoked or subject to deprivation; a list of transport operators whose business licenses for transport using automobiles have been revoked or subject to deprivation for the preceding month, for the purpose of inspection and supervision.

Article 22. Procedures for registration, suspension of operation, and revocation of registration for operation on scheduled passenger transport routes

1. For scheduled passenger transport routes currently in operation

Based on the list of scheduled transport route networks and the scheduled transport timetables already announced and updated in the Ministry of Transport’s list of scheduled passenger transport routes, a transport operator that holds a business license for scheduled transport using automobiles may select departure times and register for operation on the routes in accordance with Clauses 3 and 4 of this Article.

2. For adjusted or supplemented scheduled passenger transport routes

a) Depending on the terminals that have been announced, the transport operator shall discuss with the route’s departure and arrival terminals and develop a plan for operation on the route to be sent to the provincial-level Department of Transport (of the locality where the transport operator’s head office or branch is located) to register for operation on such route in accordance with regulations, and to the provincial-level Department of Transport of the locality where the opposite terminal of the route is located for coordinated management;

b) Within 02 working days from the date on which the plan for operation on the route is received, the provincial-level Department of Transport (of the locality where the transport operator’s head office or branch is located) shall send a written request for comments via the software system of the Ministry of Transport to the provincial-level Department of Transport of the locality where the opposite terminal of the route is located regarding the adjustment or supplementation of the scheduled transport route to the list of route networks (at least the following details shall be commented on: departure and arrival terminals, itinerary, traffic volume, and interval between adjacent trips);

c) Within 02 working days from the date on which the written request for comments is received, the provincial-level Department of Transport of the locality where the opposite terminal of the route is located shall be responsible for replying in writing on the online public service system of the Ministry of Transport, stating its agreement or disagreement (with clear reasons). In cases where the provincial-level Department of Transport of the locality where the opposite terminal of the route is located does not reply in writing, the system will automatically switch to the “agreed” status;

d) The provincial-level Department of Transport (of the locality where the transport operator’s head office or branch is located) shall assume the prime responsibility for updating and supplementing the detailed route list in accordance with Points a and b, Clause 3, Article 4 of this Decree, issue stickers to the vehicles, and organize the updating and supplementing of the list of networks of inter-provincial routes.

3. A dossier of registration for operation on a route shall comprise of:

a) An application for registration for operation on the route, made using the form provided in Appendix III to this Decree;

b) A simple copy, a certified true copy, an electronic copy certified from the original, an electronic copy from the master register, or an original, of the written correspondences recording the agreement between the route’s departure and arrival terminals and the transport operator engaging in operation on the route (applicable in cases where any adjustment/supplementation regarding the route is necessitated).

4. Procedures for registration for operation on a route

a) The transport operator shall submit 01 dossier of registration for operation on the route online to the provincial-level Department of Transport that issued the business license via the online public service system of the Ministry of Transport (the dossier submitted in person to the route-managing authority or via postal services will not be accepted);

b) Within 03 working days from the date on which the dossier is received, the provincial-level Department of Transport shall check the dossier. In cases where any amendment or supplementation to the dossier is necessitated, the provincial-level Department of Transport that receives the dossier shall notify the transport operator directly on the online public service system of the amendment or supplementation to be made.

Within 02 working days from the date on which the notice of any amendment or supplementation is received from the provincial-level Department of Transport, the transport operator must complete and update the dossier on the online public service system. If, after 02 working days from the date on which the notice is received, the transport operator fails to complete and supplement the dossier, the dossier shall be considered invalid, and the provincial-level Department of Transport shall proceed to check the next-in-line dossier on a first-come, first-served basis on the online public service system;

c) Within 03 working days from the date on which a complete and valid dossier is received, the provincial-level Department of Transport that receives the dossier shall review and send a written request for comments via the online public service system of the Ministry of Transport to the provincial-level Department of Transport of the locality where the opposite terminal of the route is located. Within 02 working days, the provincial-level Department of Transport of the locality where the opposite terminal is located shall be responsible for replying in writing on the online public service system of the Ministry of Transport, stating its agreement or disagreement (with clear reasons). In cases where the provincial-level Department of Transport of the locality where the opposite terminal of the route is located does not reply in writing, the system will automatically switch to the “agreed” status;

d) After receiving confirmation of agreement from the provincial-level Department of Transport of the locality where the opposite terminal of the route is located, the provincial-level Department of Transport that receives the dossier shall issue a notice of successful registration for operation on the route made using the form provided in Appendix IV to this Decree (in writing) and on the online public service system, sending it to the transport operator, the provincial-level Department of Transport of the locality where the opposite terminal of the route is located (if the route is an inter-provincial scheduled passenger transport route), and the route’s departure and arrival terminals for coordinated management.

In cases where multiple dossiers are submitted for registration for operation on the same route and the same departure time, the provincial-level Department of Transport shall process such dossiers on a first-come, first-served basis on the online public service system.

5. The notice of successful registration for operation on the route is valid from the date of signing until the transport operator suspends its operation on the route or pursuant to the provincial-level Department of Transport’s decision on suspension of operation on the route. 10 days before the expiry date of the notice, the provincial-level Department of Transport shall notify the transport operator in writing on the online public service system of the Ministry of Transport of such expiry date. 60 days after the date on which the notice of successful registration for operation on the route is issued, if the transport operator has not put vehicles into operation, the notice will become invalid.

6. A transport operator may suspend operation on the route or suspend one or several trips on the route.

a) At least 05 days before suspension of operation, the transport operator must send a notice to the provincial-level Department of Transport and the route’s departure and arrival terminals, and must return the “xe tuyến cố định” (scheduled transport vehicle) sticker to the provincial-level Department of Transport (the sticker-issuing authority) on the date on which operation on the route is suspended. The notice shall be visibly displayed at the route’s departure and arrival terminals for at least 10 days from the date on which the transport operator receives the notice;

b) Within 02 working days from the date on which the operator suspends operation on the route, the provincial-level Department of Transport of the locality where the operator’s head office (or branch) is located shall issue a public written notice to the provincial-level Department of Transport of the locality where the opposite terminal of the route is located via the online public service system of the Ministry of Transport; and shall update the information prescribed at Points a and b, Clause 3, Article 4 of this Decree into the transport licensing database;

c) After the operator sends the notice of suspension of operation on the route, if the operator wishes to register for operation on such route again, it shall carry out the procedures for registration for operation on the route after the provincial-level Department of Transport has completed updating the information prescribed at Point b, Clause 6 of this Article.

7. A transport operator shall have its notice of successful registration for operation on the route for a trip currently in operation revoked if, within a single month, it runs fewer than 70% of the total trips scheduled for such month (the total number of trips scheduled for 01 month is the total number of trips stated in the notice of successful registration for operation on the route).

8. The provincial-level Department of Transport that issued the notice of successful registration for operation on the route shall revoke such notice for the trip currently in operation in the following order:

a) Issue a revocation decision. Revoke the notice of successful registration for operation on the route and the stickers issued to vehicles operating on the route in cases only 01 trip is run on the route registered for operation, or all trips run constitutes fewer than 70% of the scheduled trips;

b) Send the revocation decision to the transport operator, the route’s departure and arrival terminals, and the provincial-level Department of Transport of the locality where the opposite terminal of the route is located, and post the information on its website;

c) Within 02 working days from the date on which the revocation decision is issued, update the information on departure time of the trip subject to revocation into the transport licensing database of the Ministry of Transport to serve as the basis for other transport operators to register for operation on the routes in accordance with this Decree;

d) Within 30 days from the date on which the revocation decision takes effect, the transport operator subject to revocation shall not be permitted to register for operation on the route on which there is the trip subject to revocation. After 30 days from the date on which the revocation decision takes effect, if the transport operator wishes to continue engaging in business on the route on which there is the trip subject to revocation, it must carry out the procedures for registration for operation on the route in accordance with Clause 4 of this Article.

Article 23. Provisions on management, use, issuance, re-issuance and revocation of stickers

1. Stickers shall be issued to transport operators that hold business licenses for transport using automobiles or using four-wheeled motor-driven vehicles.

2. Transport operators that hold business licenses for transport using automobiles shall have their automobiles issued with stickers consistent with the licensed type(s) of transport business and must comply with the following principles:

a) At any one time, each vehicle is issued with and uses only one type of sticker corresponding to one type of transport business;

b) A transport operator engaging in scheduled passenger transport shall be issued with “xe trung chuyển” (transit vehicle) stickers by the provincial-level Departments of Transport of the localities where the route’s departure and arrival terminals are located.

3. Validity period of stickers

a) A sticker issued to an automobile or a four-wheeled motor-propelled vehicle used for transport business, or a transit vehicle shall have a validity period proposed by the transport operator (the proposed period shall be a minimum of 01 year and a maximum of 07 years) and shall not exceed the service life of the vehicle;

b) The “XE TUYẾN CỐ ĐỊNH” (SCHEDULED TRANSPORT ROUTE VEHICLE) stickers issued to additional vehicles on a scheduled transport route in case of surge in passengers during the Lunar New Year holidays shall be valid for no more than 30 days; during other holidays, New Year holidays, national high school graduation examinations, and university/college entrance examinations, they shall be valid for no more than 10 days.

4. The minimum dimensions of a sticker are 9 × 10 cm.

5. A dossier of request for issuance of a sticker shall comprise of:

a) A written request for issuance of the sticker, made using the form provided in Appendix V to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; or a business cooperation agreement.

6. Order and procedures for issuing a sticker

a) The transport operator shall submit 01 dossier of request for issuance of a sticker (online or in person or by postal service) to the provincial-level Department of Transport that issued its transport business license. In cases where a transport operator engaging in scheduled passenger transport or a passenger terminal needs to use transit vehicles, it shall submit 01 dossier of request for issuance of the “XE TRUNG CHUYỂN” (TRANSIT VEHICLE) sticker to the provincial-level Department of Transport that issued its transport business license or to the provincial-level Department of Transport of the locality where the opposite terminal of the route is located. In cases where any amendment or supplementation to the dossier is necessitated, the sticker-issuing authority shall notify the transport operator of the amendment or supplementation to be made in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received. In cases where the dossier is submitted online, the transport operator shall take the accountability to the law for the accuracy of the information registered for sticker issuance.

b) Within 02 working days from the date on which a satisfactory dossier is received, the provincial-level Department of Transport shall issue stickers to vehicles as requested by the transport operator and update the sticker issued into the transport licensing database. In cases where the sticker is not issued, the provincial-level Department of Transport shall reply in writing or via the online public service system and clearly state the reasons.

The dossier shall be received and the results shall be returned on the online public service system of the Ministry of Transport or in person at the issuing authority or by postal service. In cases where the dossier is received in person at the issuing authority or via postal service, the receiving officer shall update information from compliant dossiers into the online public service system of the Ministry of Transport.

The issuing authority shall process the dossier and issue the sticker on the online public service system of the Ministry of Transport and update the results into the transport licensing database;

c) The issuing authority shall verify information on the certificate of vehicle periodic technical inspection for technical safety and environmental protection to ensure the vehicle is eligible for transport business on the Vietnam Register system.

7. Stickers shall be re-issued upon expiry, loss or damage, upon change of vehicle owner, or upon change of transport operator. The dossier, order, procedures and competence for re-issuance of stickers shall comply with Clause 5 and Clause 6 of this Article. The validity period of a re-issued sticker shall comply with Clause 3 of this Article. In cases where a sticker is re-issued upon its expiry, the transport operator may request re-issuance thereof within 15 days prior to the sticker’s expiry date.

8. Stickers may be re-issued after revocation. After the revocation period for a sticker expires, if the transport operator wishes to continue using the vehicle to engage in transport business, it must carry out the procedures to have the sticker re-issued in accordance with regulations. The dossier, order, procedures and competence for re-issuance of stickers shall comply with Clause 5 and Clause 6 of this Article.

9. Provincial-level Departments of Transport shall:

a) Manage and organize the printing of types of stickers using the forms provided in Appendix XIII to this Decree; and issue and re-issue stickers in accordance with this Article.

b) Not issue stickers to automobiles and four-wheeled motor-propelled vehicles during the period in which such vehicles are subject to sanctions by competent authorities in the form of deprivation of the right to use, or revocation of, their stickers (unless the right of use or ownership of such vehicles is transferred and the return of the stickers to the provincial-level Department of Transport has been completed for updating the stickers in the transport licensing database);

c) Send the sticker revocation decisions to the transport operators and post the information on their websites; update the revoked stickers in the transport licensing database;

d) Send written notices to the transport operators regarding the expiration of the validity of stickers upon receiving notices from competent authorities regarding the deprivation of the right to use such stickers, and post the information on their websites. Periodically, within the last 05 working days of every month, the provincial-level Departments of Transport shall notify in writing of the lists of vehicles whose stickers will expire in the following month and post the information on their websites.

10. A transport operator shall have stickers revoked in any of the following cases:

a) The stickers of all automobiles and four-wheeled motor-propelled vehicles of the transport operator shall be revoked when the transport operator is subject to a sanction by a competent authority in the form of deprivation of the right to use the transport business license;

b) The stickers of automobiles used for scheduled passenger transport business shall be revoked when the transport operator fails to operate on the route for 60 consecutive days;

c) The stickers of violating vehicles shall be revoked for 01 month in cases where data extracted from the tachograph of each vehicle within 01 month shows 05 or more speed violations per 1,000 km of operation (excluding speed violations of 05 km/h or less);

d) The stickers of violating vehicles shall be revoked for 01 month in cases where data extracted from the single-level automatic fixed weigh-in-motion station for each vehicle within 01 month shows 03 or more violations of the permitted load capacity of bridges and roads by more than 10% (violation of axle load or gross vehicle weight, or both violations in a single weighing check while on roads), unless it holds a valid operation permit;

dd) The stickers of the transport operator’s automobiles and four-wheeled motor-propelled vehicles used for transport business shall be revoked when the vehicles have been transferred or leased to another operator;

e) The stickers shall be revoked when the transport operator reports and returns them in cases where the vehicles are no longer used for transport business;

g) The stickers of automobiles and four-wheeled motor-propelled vehicles shall be revoked when a member of the transport cooperative fails to register for tax or declare taxes in accordance with law regulations on tax.

11. Provincial-level Departments of Transport shall:

a) Issue decisions and revoke stickers they have issued in respect of transport operators subject to sticker revocation as prescribed in Clause 10 of this Article and Point d, Clause 7, Article 21 of this Decree;

b) Within 02 days from the dates on which the decisions are issued, the provincial-level Departments of Transport must publish the revocation decisions on their websites; and update the revoked stickers in the transport licensing database;

c) When the sticker-issuing authorities issue revocation decisions, the transport operators must, within 10 days from the dates of signing, suspend transport business operations with respect to the automobiles or four-wheeled motor-propelled vehicles subject to revocation and, at the same time, return the stickers to the issuing authorities.

In cases where transport operators return the stickers in accordance with the revocation decisions, the provincial-level Departments of Transport shall not issue new ones or re-issue stickers within 30 days (60 days for second violations within 06 consecutive months) from the dates on which the transport operators return the stickers to the provincial-level Departments of Transport. After 30 days (60 days for second violations within 06 consecutive months) from the dates on which the stickers are returned, if they wish to continue engaging in businesses, the transport operators shall carry out the procedures for issuance in accordance with Clause 6 of this Article.

In cases where transport operators fail to return the stickers by the above deadline, the provincial-level Departments of Transport shall not issue new ones or re-issue stickers within 45 days (90 days for second violations within 06 consecutive months) from the dates on which the transport operators return all stickers in accordance with the revocation decisions; after this period, if they wish to continue engaging in business, the transport operators shall carry out the procedures to be issued with stickers in accordance with this Decree;

d) Not process the issuance of new ones or re-issuance of stickers for transport operators that have violated regulations and are subject to sticker revocations but have failed to comply with the revocation decisions; after the transport operators fully comply with the revocation decisions, the sticker-issuing authorities shall process the requests in accordance with Point c, Clause 11 of this Article. In cases where, after a decision to revoke the sticker is issued, the transport operator reports in writing to the provincial-level Department of Transport that the sticker is lost, the provincial-level Department of Transport shall not issue a new one or re-issued the sticker within 60 days from the date on which the operator’s written report is received.

12. Transport operators engaging in transport business shall:

a) Access the websites of the provincial-level Departments of Transport to check information on the revocation of business licenses and stickers, and must return the stickers to the provincial-level Departments of Transport when their business licenses or stickers are revoked. In cases where a vehicle is no longer used for transport business (transferred, leased to another operator, or transport business is ceased), a transport operator must, within 10 days from the date of suspending business operations, submit a written report accompanied by the sticker to the issuing provincial-level Department of Transport (unless the sticker is lost);

b) Not use automobiles or four-wheeled motor-propelled vehicles for transport business during the period in which such automobiles or four-wheeled motor-propelled vehicles are subject to sanctions by competent authorities in the form of deprivation of the right to use (the business licenses for transport using automobiles, stickers) or their stickers are revoked.

Section 5

PROVISIONS ON MANAGEMENT OF TRANSPORT OPERATIONS FOR OWN ACCOUNT

Article 24. Provisions on transport of persons for own account using automobiles

1. Automobiles used for transport of passengers for own account shall:

a) Satisfy the roadworthiness conditions prescribed in Clause 1, Article 35 and Clauses 1, 2 and 3, Article 40 of the Law on Road Traffic Order and Safety; have seat belts at all seats; and have instructions on traffic safety and emergency escape in case of an incident on board;

b) Have the wording “XE NỘI BỘ” (OWN-ACCOUNT TRANSPORT VEHICLE) made of reflective material with minimum dimensions of 10 × 35 cm using Form No. 12 provided in Appendix XIII to this Decree must be affixed (permanently) on the front and rear windshields. In cases where it is displayed by an electronic device, the wording “XE NỘI BỘ” (OWN-ACCOUNT TRANSPORT VEHICLE) must be constantly illuminated and have minimum dimensions of 10 × 35 cm;

c) Be under ownership of, or lawfully used under written vehicle lease agreements with organizations or individuals in accordance with the law regulations by, the own-account transport operator.

In cases where the vehicle is registered under ownership of a member of the cooperative, there must be a service agreement between such member and the cooperative, which prescribes that the cooperative has the rights, responsibilities and obligations to manage, use and operate the automobile owned by such member.

2. Transport operators engaging in transport operations for own account using automobiles shall:

a) Monitor and supervise the operation of drivers and vehicles throughout own-account transport operations; perform maintenance and repair of vehicles in accordance with regulations on technical maintenance and repair of road motorized vehicles; check traffic safety conditions of the automobiles and drivers before performing carriage tasks; and check and supervise the automobiles and drivers during their itineraries;

b) Ensure compliance with regulations on continuous driving time, daily working time and break time of drivers as prescribed in Clause 1, Article 64 of the Law on Road Traffic Order and Safety;

c) Organize safety management in accordance with Clause 10, Article 11 of this Decree;

d) Establish and fully update the regulations on operation of the operator’s vehicles and drivers into respective vehicle history reports and driver history reports; and must monitor operation and maintenance and repair of vehicles in accordance with regulations on technical maintenance and repair of road motorized vehicles;

dd) Automobiles for the transport of persons which have two decks and sleeper berths must not be operated on Grade V and Grade VI mountainous roads;

e) Not employ drivers who are prohibited from practicing their profession during a certain period in accordance with law regulations; not employ drivers with less than 02 years of experience driving vehicles with a designed payload of 29 seats or more (excluding the driving seat) to operate vehicles which have two decks and sleeper berths. Organize periodic health checks for drivers and employ drivers who meet the prescribed health standards.

3. Drivers of automobiles used for transport operations for own account shall:

a) Check the safety conditions of the vehicles; instruct persons on board on traffic safety and emergency escape in case of an incident; require persons on board to fasten their seat belts before departure; and check the arrangement and securing of luggage to ensure safety;

b) Comply with the regulations on continuous driving time, daily working time, and break time as prescribed in Clause 1, Article 64 of the Law on Road Traffic Order and Safety;

c) Not transport persons on the roof or in the luggage compartment, or allow persons to cling to the outside of the vehicles; not transport dangerous goods, prohibited goods, smuggled goods, or wild animals and plants; not carry persons, luggage, or goods exceeding the prescribed payload or number of persons;

d) Refuse to operate the vehicles upon discovering that they do not satisfy safety conditions or that they have no or an insufficient number of seat belts on board.

Article 25. Provisions on transport of goods for own account by automobiles

1. Automobiles used for transport of goods for own account shall:

a) Satisfy the roadworthiness conditions prescribed in Clause 1, Article 35 and Clauses 1, 2 and 3, Article 40 of the Law on Road Traffic Order and Safety; have seat belts at all seats; and have instructions on traffic safety and emergency escape in case of an incident on board;

b) Have the wording “XE NỘI BỘ” (OWN-ACCOUNT TRANSPORT VEHICLE) made of reflective material with minimum dimensions of 10 × 35 cm using Form No. 12 provided in Appendix XIII to this Decree must be affixed (permanently) on the front windshield. In cases where it is displayed by an electronic device, the wording “XE NỘI BỘ” (OWN-ACCOUNT TRANSPORT VEHICLE) must be constantly illuminated and have minimum dimensions of 10 × 35 cm;

c) Be under ownership of, or lawfully used under written vehicle lease agreements with organizations or individuals in accordance with the law regulations by, the own-account transport operator.

In cases where the vehicle is registered under ownership of a member of the cooperative, there must be a service agreement between such member and the cooperative, which provides that the cooperative has the rights, responsibilities and obligations to manage, use and operate the automobile owned by such member;

d) Goods transport vehicles must satisfy quality and cargo box dimension requirements as stated in the certificates of vehicle periodic technical inspection for technical safety and environmental protection.

2. Transport operators engaging in transport of goods for own account shall:

a) Monitor and supervise the operation of drivers and vehicles throughout own-account transport operations; perform maintenance and repair of vehicles in accordance with regulations on technical maintenance and repair of road motorized vehicles; check traffic safety conditions of the automobiles and drivers before performing carriage tasks; and check and supervise the automobiles and drivers during their itineraries;

b) Require drivers to comply with daily working time and continuous driving time prescribed in Clause 1, Article 64 of the Law on Road Traffic Order and Safety, and ensure compliance with regulations on continuous driving time, daily working time and rest time of drivers. Ensure regulations on continuous driving time, working time during the day, and break time of the drivers;

c) Organize safety management in accordance with Clause 10, Article 11 of this Decree;

d) Establish and fully update the regulations on operation of the operator’s vehicles and drivers into respective vehicle history reports and driver history reports; and must monitor operation and maintenance and repair of vehicles in accordance with regulations on technical maintenance and repair of road motorized vehicles;

dd) Only use vehicles to transport goods that are products manufactured by the agencies or organizations themselves, or to transport equipment, tools, raw materials, fuel, and other movable assets for own account;

e) Not employ drivers who are prohibited from practicing their profession during a certain period in accordance with law regulations. Organize periodic health checks for drivers and employ drivers who meet the prescribed health standards;

g) Be responsible for complying with the regulations on the loading of goods onto automobiles;

h) Issue Transport documents, in paper or electronic form, to the drivers before transporting goods on roads. A Transport document must contain at least the following information: name of the own-account transport operator; the vehicle’s license plate number; transport itinerary (origin and destination); and type and volume of goods transported on the vehicle.

3. Drivers of automobiles used for transport of goods for own account shall:

a) Be responsible for checking safety conditions of the vehicle before departure; and for checking the safe arrangement and securing of goods on the vehicle in accordance with regulations;

b) When transporting goods, carry the Transport documents in paper form or have a device to access the software displaying the details of the Transport documents, along with other required documents for the drivers and vehicles as prescribed by law regulations. Before transporting goods, be responsible for requesting the persons responsible for loading the goods onto the vehicles to sign and confirm the loading in the Transport documents, and be responsible for refusing to transport if the loading does not comply with law regulations;

c) Comply with the regulations on continuous driving time, daily working time, and break time as prescribed in Clause 1, Article 64 of the Law on Road Traffic Order and Safety;

d) Not carry prohibited goods, smuggled goods, or wild animals and plants; not carry goods exceeding the permissible weight limit for roadworthiness as prescribed by law regulations;

dd) Be responsible for refusing to operate the vehicles upon discovering that they do not satisfy safety conditions.

Article 26. Provisions on transport of persons for own account using four-wheeled motor-propelled vehicles

1. Four-wheeled motor-propelled vehicles used must satisfy the roadworthiness conditions prescribed in Clause 1, Article 35 and Clauses 1 and 2, Article 40 of the Law on Road Traffic Order and Safety.

2. Compliance with Clause 3, Article 66 of the Law on Roads is required.

3. Compliance with Point b, Clause 1, Points b and c, Clause 2, Article 24 of this Decree is required.

Article 27. Provisions on transport of goods for own account using four-wheeled motor-propelled vehicles

1. Four-wheeled motor-propelled vehicles used must satisfy the roadworthiness conditions prescribed in Clause 1, Article 35 and Clauses 1 and 2, Article 40 of the Law on Road Traffic Order and Safety.

2. Compliance with Point b, Clause 1 and Points b, c and g, Clause 2, Article 25 of this Decree is required.

Chapter III

PROVISIONS ON CROSS-BORDER ROAD TRANSPORT OPERATIONS

Section 1

GENERAL PROVISIONS

Article 28. Scope of operation of vehicles

1. Vehicles issued with vehicle cross-border transport permits shall operate on the routes and through the border gates stated in the respective permits. For cross-border road transport between Vietnam and China, vehicles shall operate on the routes and through the border gates stated in the Vietnam-China Cross-Border Transport Permits.

2. Vehicles are not permitted to transport goods or passengers between two points within the territory of another member country; and are not permitted to transport goods between points within the territory of a transit country.

Article 29. General provisions on cross-border transport permits and vehicle cross-border transport permits

1. A cross-border transport permit shall be issued by the competent authority to a transport operator to conduct cross-border road transport operations. For cross-border road transport between Vietnam and China, cross-border transport permits shall be issued to official vehicles and transport vehicles performing cross-border road transport between Vietnam and China.

2. A vehicle cross-border transport permit shall be issued by the competent authority to a vehicle to conduct cross-border road transport operations.

a) A vehicle cross-border transport permit issued to a commercial vehicle allows multiple cross-border trips of the vehicle, each not exceeding 30 days, and is valid for 01 year from the date of issue, unless otherwise prescribed at Points b, c and d of this Clause;

b) Vietnam - Laos Vehicle Cross-Border Transport Permits issued to vehicles of enterprises serving projects or business operations of such enterprises within the territory of the Laos allow multiple cross-border trips, each not exceeding 30 days, and are valid for 01 year from the date of issue;

c) A Vietnam - Laos Vehicle Cross-Border Transport Permit issued to a commercial vehicle used for tourist or non-scheduled passenger transport allows multiple cross-border trips of the vehicle based on the duration of the tour or trip, but not exceeding 30 days;

d) A Vietnam - Cambodia Vehicle Cross-Border Transport Permit issued to a commercial vehicle comes in two types: Type 1 allows multiple cross-border trips of the vehicle, with each trip not exceeding 30 days, and is valid for 01 year maximum; Type 2 allows a single trip not exceeding 30 days of the vehicle;

dd) A Vietnam - Laos Vehicle Cross-Border Transport Permit or Vietnam-Laos - Cambodia Vehicle Cross-Border Transport Permit issued to a non-commercial vehicle allows multiple cross-border trips of the vehicle and is valid for no more than 30 days;

e) A Vietnam - Cambodia Vehicle Cross-Border Transport Permit issued to an official vehicle or a vehicle of a diplomatic mission or international organization allows multiple cross-border trips of the vehicle based on the duration of the trip, but not exceeding 01 year;

g) A Vietnam - Cambodia Vehicle Cross-Border Transport Permit issued to a non-commercial vehicle (other than a fire truck or ambulance, which is exempt from such permit under the Agreement on Road Transport between Vietnam and Cambodia) comes in two types: Type 1 allows multiple cross-border trips of the vehicle, with each trip not exceeding 30 days, and is valid for 01 year maximum; Type 2 allows a single trip not exceeding 30 days of the vehicle.

3. The validity period of a vehicle cross-border transport permit issued to a vehicle must not exceed the service life of such vehicle.

Section 2

ORDER AND PROCEDURES FOR ISSUANCE, RE-ISSUANCE, AND REVOCATION OF ASEAN CROSS-BORDER TRANSPORT PERMITS AND ASEAN VEHICLE CROSS-BORDER TRANSPORT PERMITS

Article 30. Issuance and re-issuance of ASEAN Cross-border Transport Permits

1. Beneficiaries

The ASEAN Cross-Border Transport Permits shall be issued to Vietnamese transport operators that conduct cross-border road transport operations within ASEAN.

2. A dossier shall comprise of: A written request for issuance or re-issuance of the ASEAN Cross-border Transport Permit, made using Form No. 01 provided in Appendix VII to this Decree.

3. The competent issuing authority: The Department for Roads of Vietnam.

4. Order and procedures

a) The transport operator shall submit 01 dossier of request for issuance of the ASEAN Cross-border Transport Permit to the competent issuing authority by one of the following methods: in person, online or by postal service;

b) The competent issuing authority shall receive and check the dossier. In cases where the dossier is received in person at the issuing authority or via the postal service, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the transport operator in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

c) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent issuing authority shall issue the ASEAN Cross-border Transport Permit using Form No. 02 provided in Appendix VII to this Decree. In cases where a permit is not issued, the competent issuing authority must notify in writing or via the online public service system and clearly state the reasons;

d) Results shall be returned at the office of the competent issuing authority or via the postal service.

5. In cases where the ASEAN Cross-border Transport Permit is damaged or lost, the transport operator shall prepare a dossier of request for re-issuance as prescribed in Clauses 2 and 4 of this Article.

Article 31. Revocation of ASEAN Cross-border Transport Permits

1. The competent issuing authority shall revoke the ASEAN Cross-border Transport Permit if the transport operator commits any of the following violations:

a) Engagement in the type of transport business that is inconsistent with the ASEAN Cross-border Transport Permit;

b) Revocation of the business license for transport using automobiles by a competent authority;

c) Revocation of the permit requested by a specialized state regulatory authority at a border gate due to violations related to immigration, import, or export at the border gate, or regulations on management of activities in the border-gate area;

d) Termination of its operations in accordance with the law regulations.

2. Order and procedures

a) The competent issuing authority shall issue a decision to revoke the ASEAN Cross-border Transport Permit and send it to the transport operator, state regulatory authorities at the border gates, and relevant agencies; publish the information on the web portal of the competent issuing authority and, at the same time, notify ASEAN Member States in writing for coordinated handling;

b) When the authority that issued the ASEAN Cross-border Transport Permit then issues a decision to revoke such ASEAN Cross-Border Transport Permit. Within 15 days from the date of signing, the transport operator must return the ASEAN Cross-border Transport Permit and all ASEAN Vehicle Cross-Border Transport Permits to the issuing authority, and suspend its cross-border road transport business operations within ASEAN in accordance with the revocation decision.

In cases where the transport operator returns the ASEAN Cross-border Transport Permit and all ASEAN Vehicle Cross-Border Transport Permits in accordance with the revocation decision, the issuing authority shall not re-issue the ASEAN Cross-border Transport Permit within 30 days from the date the transport operator returns all such permits in accordance with the revocation decision.

In cases where, by the above deadline, the transport operator fails to return the ASEAN Cross-border Transport Permit and all ASEAN Vehicle Cross-Border Transport Permits, or returns an insufficient number thereof, in accordance with the revocation decision, the issuing authority shall not re-issue the ASEAN Cross-border Transport Permit within 45 days from the date on which the transport operator returns the ASEAN Cross-border Transport Permit and all ASEAN Vehicle Cross-Border Transport Permits in accordance with the revocation decision. After the above time limit, if it wishes to continue engaging in transport business, the transport operator shall carry out procedures to be issued with the ASEAN Cross-border Transport Permit and all ASEAN Vehicle Cross-Border Transport Permits in accordance with this Decree.

Article 32. Issuance and re-issuance of ASEAN Vehicle Cross-Border Transport Permits

1. Beneficiaries

The ASEAN Vehicle Cross-Border Transport Permits shall be issued to vehicles lawfully used by transport operators that have been issued with the ASEAN Cross-border Transport Permits.

2. A dossier shall comprise of:

a) A written request for issuance or re-issuance of the ASEAN Vehicle Cross-Border Transport Permit, made using Form No. 03 provided in Appendix VII to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; a business cooperation agreement; or a finance lease agreement (in the case of finance lease).

3. The competent issuing authority: The Department for Roads of Vietnam.

4. Order and procedures

a) The transport operator shall submit 01 dossier of request for issuance of the ASEAN Vehicle Cross-Border Transport Permit to the competent issuing authority by one of the following methods: in person, online or by postal service;

b) The competent issuing authority shall receive and check the dossier. In cases where the dossier is received in person at the competent issuing authority or via the postal service, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the transport operator in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

c) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent issuing authority shall issue the ASEAN Vehicle Cross-Border Transport Permit using Form No. 04 provided in Appendix VII to this Decree. In cases where a permit is not issued, the competent issuing authority must notify in writing or via the online public service system and clearly state the reasons;

d) Results shall be returned at the office of the competent issuing authority or via the postal service as prescribed.

5. When the ASEAN Vehicle Cross-Border Transport Permit expires, or remains valid but has no remaining pages for confirmation stamps of regulatory authorities at the border-gates, the transport operator shall prepare a dossier of request for re-issuance as prescribed in Clauses 2 and 4 of this Article; when the ASEAN Vehicle Cross-Border Transport Permit is damaged or lost, the transport operator shall prepare a dossier of request for re-issuance as prescribed at Point a, Clause 2 and Clause 4 of this Article.

Article 33. Revocation of ASEAN Vehicle Cross-Border Transport Permits

1. The competent issuing authority shall revoke the ASEAN Vehicle Cross-Border Transport Permit upon any of the following violations:

a) Failure to comply with the permit when conducting ASEAN cross-border transport operations;

b) Failure to conduct ASEAN cross-border transport within 03 months from the date on which the permit is issued;

c) Failure to conduct ASEAN cross-border transport for 03 or more trips within 06 consecutive months (the outbound and return legs are counted as one trip);

d) Revocation of the business license for transport using automobiles, the ASEAN Cross-Border Transport Permit, or the sticker by the competent authority;

dd) Expiration of the time limit for re-import of the vehicle into Vietnam as prescribed, unless in cases of natural disasters, accidents, or force majeure;

e) Submission of copies that are inconsistent with the originals or providing false information in the dossier of request for issuance of the permit, or fraudulent acts to be issued with the ASEAN Vehicle Cross-Border Transport Permit.

2. Order and procedures

a) The competent issuing authority shall issue a decision to revoke the ASEAN Vehicle Cross-Border Transport Permit and send it to the transport operator, state regulatory authorities at the border gates, and relevant agencies; publish the information on the web portal of the competent issuing authority and, at the same time, notify ASEAN Member States in writing for coordinated handling;

b) When the authority that issued ASEAN Vehicle Cross-border Transport Permit then issues a decision to revoke such ASEAN Vehicle Cross-border Transport Permit, within 10 days from the date of signing, the transport operator must return the ASEAN Vehicle Cross-Border Transport Permit to the issuing authority and suspend its cross-border transport business operations within ASEAN with respect to the automobile concerned.

In cases where the transport operator returns the ASEAN Vehicle Cross-Border Transport Permit in accordance with the revocation decision, the issuing authority shall not issue a new one or re-issued the ASEAN Vehicle Cross-Border Transport Permit within 30 days (60 days for a second violation within 06 consecutive months) from the date on which the permit is returned by the transport operator to the issuing authority. After 30 days (60 days for a second violation within 06 consecutive months) from the date on which the ASEAN Vehicle Cross-Border Transport Permit is returned, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures for issuance in accordance with this Decree.

In cases where the transport operator fails to return the permit by the above deadline, the issuing authority shall not issue a new one or re-issue the ASEAN Vehicle Cross-Border Transport Permit within 45 days (90 days for a second violation within 06 consecutive months) from the date on which the transport operator returns the ASEAN Vehicle Cross-Border Transport Permit in full in accordance with the revocation decision; after this period, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures to be issued with the ASEAN Vehicle Cross-Border Transport Permit in accordance with this Decree;

c) The issuance of a new one or re-issuance of the ASEAN Vehicle Cross-Border Transport Permit to the transport operator that has violated regulations and is subject to revocation of the ASEAN Vehicle Cross-Border Transport Permit shall not be processed if it fails to comply with the decision to revoke the ASEAN Vehicle Cross-Border Transport Permit. After the transport operator fully complies with the revocation decision, the issuing authority shall then process the request in accordance with this Decree. In cases where, after a decision to revoke the ASEAN Vehicle Cross-Border Transport Permit is issued, the transport operator reports in writing to the issuing authority that the permit is lost, the issuing authority shall not issue a new one or re-issued the ASEAN Vehicle Cross-Border Transport Permit within 60 days from the date on which the operator’s written report is received.

Article 34. Extension of vehicle operation period in Vietnam for vehicles of countries implementing ASEAN framework agreements on cross-border road transport

1. Beneficiaries: Vehicles of countries implementing ASEAN framework agreements on cross-border road transport, of which the vehicle operation periods in Vietnam as stated in the ASEAN Vehicle Cross-Border Transport Permits have expired due to a force majeure event.

2. Competent extending authority: The provincial-level Department of Transport of a province or centrally-run city where the vehicle encounters a force majeure event.

3. A dossier shall comprise of:

a) A written request for extension of the vehicle operation period in Vietnam, made using Form No. 05 provided in Appendix VII to this Decree;

b) The ASEAN Vehicle Cross-Border Transport Permit (the original).

4. Order and procedures

a) The organization or individual shall submit 01 dossier in person to the competent authority of the locality where the vehicle encounters the force majeure event;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent authority shall extend the vehicle operation period for the vehicle of the country implementing ASEAN framework agreements on cross-border road transport. In case of refusal to extend the period, the competent authority shall reply in writing and state the reason.

Section 3

ORDER AND PROCEDURES FOR ISSUANCE, RE-ISSUANCE, AND REVOCATION OF GMS INTERNATIONAL ROAD TRANSPORT PERMITS AND GMS ROAD TRANSPORT PERMITS

Article 35. Issuance and re-issuance of GMS International Road Transport Permits

1. Beneficiaries: The GMS International Road Transport Permits shall be issued to Vietnamese transport operators that conduct cross-border road transport operations within GMS.

2. A dossier shall comprise of: A written request for issuance or re-issuance of the GMS International Road Transport Permit, made using Form No. 01 provided in Appendix VIII to this Decree.

3. The competent issuing authority: The Department for Roads of Vietnam.

4. Order and procedures

a) The transport operator shall submit 01 dossier of request for issuance of the GMS International Road Transport Permit to the competent issuing authority by one of the following methods: in person, online or by postal service;

b) The competent issuing authority shall receive and check the dossier. In cases where the dossier is received in person at the issuing authority or via the postal service, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the transport operator in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

c) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent issuing authority shall issue the GMS International Road Transport Permit using Form No. 02 provided in Appendix VIII to this Decree. In cases where a permit is not issued, the competent issuing authority must notify in writing or via the online public service system and clearly state the reasons;

d) Results shall be returned at the office of the competent issuing authority or via the postal service as prescribed.

5. In cases where the GMS International Road Transport Permit is damaged or lost, the transport operator shall prepare a dossier of request for re-issuance of the permit in accordance with Clauses 2 and 4 of this Article.

Article 36. Revocation of GMS International Road Transport Permits

1. The competent issuing authority shall revoke the permit if the transport operator commits any of the following violations:

a) Engagement in the type of transport business that is inconsistent with the GMS International Road Transport Permit;

b) Revocation of the business license for transport using automobiles by a competent authority;

c) Revocation of the permit requested by a specialized state regulatory authority at a border gate due to violations related to immigration, import, or export at the border gate, or regulations on management of activities in the border-gate area;

d) Termination of its operations in accordance with the law regulations.

2. Order and procedures

a) The competent issuing authority shall issue a decision to revoke the GMS International Road Transport Permit and send it to the transport operator, state regulatory authorities at the border gates, and relevant agencies; publish the information on the web portal of the issuing authority and, at the same time, notify GMS Member Countries in writing for coordinated handling;

b) When the authority that issued the GMS International Road Transport Permit then issues a decision to revoke such GMS International Road Transport Permit. Within 15 days from the date of signing, the transport operator must return the GMS International Road Transport Permit and all GMS Road Transport Permits and Automobile Temporary Admission Documents (hereinafter referred to as TAD) to the issuing authority, and suspend its cross-border road transport business operations within GMS in accordance with the revocation decision.

In cases where the transport operator returns the GMS International Road Transport Permit and all GMS Road Transport Permits and TADs in accordance with the revocation decision, the issuing authority shall not re-issue the GMS International Road Transport Permit within 30 days from the date on which the transport operator returns all such permits and TADs in accordance with the revocation decision.

In cases where, by the above deadline, the transport operator fails to return the GMS International Road Transport Permit and all GMS Road Transport Permits and TADs, or returns an insufficient number thereof, in accordance with the revocation decision, the issuing authority shall not re-issue the GMS Road Transport Permit within 45 days from the date on which the transport operator returns the GMS International Road Transport Permit and all GMS Road Transport Permits and TADs in accordance with the revocation decision. After the above time limit, if it wishes to continue engaging in transport business, the transport operator shall carry out procedures to be issued with the GMS International Road Transport Permit and GMS Road Transport Permits and TADs in accordance with this Decree.

Article 37. Issuance and re-issuance of GMS Road Transport Permits or TADs

1. Beneficiaries: The GMS Road Transport Permits or TADs shall be issued to vehicles lawfully used by transport operators that have been issued with the GMS Road Transport Permits.

2. A dossier shall comprise of:

a) A written request for issuance or re-issuance of the GMS Road Transport Permit or TAD, made using Form No. 03 provided in Appendix VIII to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; a business cooperation agreement; or a finance lease agreement (in the case of finance lease).

3. The competent issuing authority: The Department for Roads of Vietnam.

4. Order and procedures

a) The transport operator shall submit 01 dossier of request for issuance of the GMS Road Transport Permit or the TAD to the competent issuing authority by one of the following methods: in person, online or by postal service;

b) The competent issuing authority shall receive and check the dossier. In cases where the dossier is received in person at the issuing authority or via the postal service, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the transport operator in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

c) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent issuing authority shall issue the GMS Road Transport Permit made using Form No. 04 provided in Appendix VIII or the TAD made using Form No. 05 provided in Appendix VIII to this Decree. In cases where a permit is not issued, the competent issuing authority must notify in writing or via the online public service system and clearly state the reasons.

d) Results shall be returned at the office of the competent issuing authority or via the postal service as prescribed.

5. When the GMS Road Transport Permit or the TAD expires, or remains valid but has no remaining pages for confirmation stamps of regulatory authorities at the border-gates, the transport operator shall prepare a dossier of request for re-issuance as prescribed in Clauses 2 and 4 of this Article; when the GMS Road Transport Permit or the TAD is damaged or lost, the transport operator shall prepare a dossier of request for re-issuance as prescribed at Point a, Clause 2 and Clause 4 of this Article.

Article 38. Revocation of GMS Road Transport Permits and TADs

1. The issuing authority shall revoke the GMS Road Transport Permit or the TAD upon any of the following violations:

a) Failure to comply with the GMS Road Transport Permit or the TAD when conducting cross-border transport operations within GMS;

b) Failure to conduct cross-border transport operations within GMS within 03 months from the date on which the GMS Road Transport Permit or the TAD is issued;

c) Failure to conduct GMS cross-border transport for 03 or more trips within 06 consecutive months (the outbound and return legs are counted as one trip);

d) Revocation of the business license for transport using automobiles, the GMS International Road Transport Permit, or the sticker by the competent authority;

dd) Expiration of the time limit for re-import of the vehicle into Vietnam as prescribed, unless in cases of natural disasters, accidents, or force majeure;

e) Submission of copies that are inconsistent with the originals or providing false information in the dossier of request for issuance of the GMS Road Transport Permit or the TAD, or fraudulent acts to be issued with the GMS Road Transport Permit or the TAD.

2. Order and procedures

a) The competent issuing authority shall issue a decision to revoke the GMS Road Transport Permit or the TAD and send it to the transport operator, state regulatory authorities at the border gates, and relevant agencies; publish the information on the web portal of the competent issuing authority and, at the same time, notify GMS Member Countries in writing for coordinated handling;

b) When the authority that issued the GMS Road Transport Permit or the TAD then issues a decision to revoke it, within 10 days from the date of signing, the transport operator must return the GMS Road Transport Permit or the TAD to the issuing authority and suspend its transport business operations within GMS with respect to the automobile concerned.

In cases where the transport operator returns the GMS Road Transport Permit or the TAD in accordance with the revocation decision, the issuing authority shall not issue a new one or re-issued the GMS Road Transport Permit or the TAD within 30 days (60 days for a second violation within 06 consecutive months) from the date on which the permit or TAD is returned by the transport operator to the issuing authority. After 30 days (60 days for a second violation within 06 consecutive months) from the date on which the GMS Road Transport Permit or the TAD is returned, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures for issuance in accordance with this Decree.

In cases where the transport operator fails to return the permit by the above deadline, the issuing authority shall not issue a new one or re-issue the GMS Road Transport Permit or the TAD within 45 days (90 days for a second violation within 06 consecutive months) from the date on which the transport operator returns the GMS Road Transport Permit or the TAD in full in accordance with the revocation decision; after this period, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures to be issued with the GMS Road Transport Permit or the TAD in accordance with this Decree;

c) The issuance of a new one or re-issuance of the GMS Road Transport Permit or the TAD to the transport operator that has violated regulations and is subject to revocation of the GMS Road Transport Permit or the TAD shall not be processed if it fails to comply with the decision to revoke the GMS Road Transport Permit or the TAD. After the transport operator fully complies with the revocation decision, the issuing authority shall then process the request in accordance with this Decree. In cases where, after a decision to revoke the GMS Road Transport Permit or the TAD is issued, the transport operator reports in writing to the issuing authority that the permit is lost, the issuing authority shall not issue a new one or re-issued the GMS Road Transport Permit or the TAD within 60 days from the date on which the operator’s written report is received.

Article 39. Extension of vehicle operation period in Vietnam for vehicles of countries implementing the GMS agreement

1. Beneficiaries: Vehicles of countries implementing the GMS agreement, of which the vehicle operation periods in Vietnam as stated in the GMS Road Transport Permits or the TADs have expired due to a force majeure event.

2. Competent extending authority: The provincial-level Department of Transport of a province or centrally-run city where the vehicle encounters a force majeure event.

3. A dossier shall comprise of:

a) A written request for extension of the vehicle operation period in Vietnam, made using Form No. 06 provided in Appendix VIII to this Decree;

b) The GMS Road Transport Permit or the TAD (the original).

4. Order and procedures

a) The organization or individual shall submit 01 dossier in person to the competent authority of the locality where the vehicle encounters the force majeure event;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent authority shall extend the vehicle operation period for the vehicle of a country subject to the GMS agreement. In case of refusal to extend the period, the competent authority shall reply in writing and state the reason.

Section 4

PROCEDURES FOR ISSUANCE, RE-ISSUANCE, AND REVOCATION OF VIETNAM - LAOS - CAMBODIA VEHICLE CROSS-BORDER TRANSPORT PERMITS

Article 40. Issuance and re-issuance of Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permits

1. Beneficiaries: The Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permits shall be issued to vehicles of organizations, individuals, and transport operators that satisfy the conditions prescribed by the law regulations on Vietnam - Laos - Cambodia cross-border road transport.

2. A dossier for a commercial vehicle shall comprise of:

a) A written request for issuance or re-issuance of the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit to the commercial vehicle, made using Form No. 01 provided in Appendix IX to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; a business cooperation agreement; or a finance lease agreement (in the case of finance lease).

3. A dossier for a non-commercial vehicle shall comprise of:

a) A written request for issuance or re-issuance of the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit to the non-commercial vehicle, made using Form No. 02 provided in Appendix IX to this Decree;

b) A certificate of automobile registration (it can be a simple copy, a certified true copy, an electronic copy certified from the original, an electronic copy from the master register, or the original for collation). In cases where the vehicle is not owned by the organization or individual, a document proving lawful right to use the vehicle must be attached thereto (it can be a simple copy, a certified true copy, an electronic copy certified from the original, an electronic copy from the master register, or the original for collation);

c) For an enterprise carrying out projects or business operations in the territory of Laos or Cambodia, an agreement or document proving that the enterprise is carrying out projects or business operations in the territory of Laos or Cambodia must be attached thereto (it can be a simple copy, a certified true copy, an electronic copy certified from the original, an electronic copy from the master register, or the original for collation; the Vietnamese translation of the agreement that is notarized or certified by a notary office in the case of an agreement in a foreign language).

4. The Department for Roads of Vietnam shall issue permits to commercial vehicles including: vehicles used for non-scheduled passenger transport and vehicles used for goods transport.

5. Provincial-level Departments of Transport of provinces and centrally-run cities shall issue Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permits to scheduled passenger transport vehicles and non-commercial vehicles of organizations and individuals located in their localities.

6. Provincial-level Departments of Transport in localities with land border gates adjacent to Laos and Cambodia, as listed in the Annex to the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People’s Democratic Republic, and the Socialist Republic of Vietnam on Road Transport, shall issue permits to non-commercial vehicles of organizations and individuals located in other provinces of Vietnam that cross the border gates under their management.

7. Order and procedures

a) The organization or individual or transport operator shall submit 01 dossier to the competent issuing authority by one of the following methods: in person, online or by postal service. The competent issuing authority shall receive and check the dossier. For the dossier submitted in person at the issuing authority or via the postal service, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the organization or individual or transport operator of the incomplete details or any required amendment in person or in writing or via the online public service system within 01 working days from the date on which the dossier is received;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent issuing authority shall issue the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit made using Form No. 03 (if it is a commercial vehicle) or Form No. 04 (if it is a non-commercial vehicle) provided in Appendix IX to this Decree. In cases where a permit is not issued, the competent issuing authority must notify in writing or via the online public service system and clearly state the reasons;

c) Results shall be returned at the office of the competent issuing authority or via the postal service as prescribed.

8. When the Vietnam - Laos - Cambodia Vehicle Cross-border Transport Permit expires, or remains valid but has no remaining pages for confirmation stamps of regulatory authorities at the border-gates, the organization or individual or transport operator shall prepare a dossier of request for re-issuance thereof as prescribed in Clauses 2, 3 and 7 of this Article; when the Vietnam - Laos - Cambodia Vehicle Cross-border Transport Permit is damaged or lost, the organization or individual or transport operator shall prepare a dossier of request for re-issuance thereof as prescribed at Point a, Clause 2, Point a, Clause 3 and Clause 7 of this Article.

Article 41. Revocation of Vietnam - Laos - Cambodia Vehicle Cross-border Transport Permits

1. The issuing authority shall revoke the Vietnam - Laos - Cambodia Vehicle Cross-border Transport Permit upon any of the following violations:

a) Failure to comply with the permit;

b) Failure to conduct cross-border transport among Vietnam, Laos, and Cambodia within 03 months from the date of permit issuance (applicable only to the Vietnam - Laos - Cambodia Vehicle Cross-border Transport Permit issued to a commercial vehicle);

c) Failure to carry out 03 or more cross-border transport trips among Vietnam, Laos, and Cambodia (the outbound and return legs are counted as one trip) within 06 consecutive months (applicable only to the Vietnam - Laos - Cambodia Vehicle Cross-border Transport Permit issued to a commercial vehicle);

d) Expiration of the time limit for re-import of the vehicle into Vietnam as prescribed, unless in cases of natural disasters, diseases, accidents, or force majeure;

dd) Revocation of the business license for transport using automobiles, the Vietnam - Laos Vehicle Cross-border Transport Permit, the Vietnam - Cambodia Vehicle Cross-border Transport Permit or the sticker by the competent authority (applicable only to the Vietnam - Laos - Cambodia Vehicle Cross-border Transport Permit issued to a commercial vehicle);

e) Submission of copies that are inconsistent with the originals or providing false information in the dossier of request for issuance of the permit, or fraudulent acts to be issued with the Vietnam - Laos - Cambodia Vehicle Cross-border Transport Permit.

2. Order and procedures

a) The competent issuing authority shall issue a decision to revoke the Vietnam - Laos - Cambodia Vehicle Cross-border Transport Permit and send it to the organization or individual or transport operator, state regulatory authorities at the border gates, and relevant agencies; and, at the same time, publish the information on the web portal of the competent issuing authority;

b) When the authority that issued the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit then issues a decision to revoke it, within 10 days from the date of signing, the transport operator must return the permit to the issuing authority and suspend its cross-border transport business activities among Vietnam, Laos, and Cambodia with respect to the automobile concerned.

In cases where the transport operator returns the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit in accordance with the revocation decision, the issuing authority shall not issue a new one or re-issued the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit within 30 days (60 days for a second violation within 06 consecutive months) from the date on which the permit is returned by the transport operator to the issuing authority. After 30 days (60 days for a second violation within 06 consecutive months) from the date on which the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit is returned, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures for issuance in accordance with this Decree.

In cases where the transport operator fails to return the permit by the above deadline, the issuing authority shall not issue a new one or re-issue the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit within 45 days (90 days for a second violation within 06 consecutive months) from the date on which the transport operator returns the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit in full in accordance with the revocation decision; after this period, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures to be issued with the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit in accordance with this Decree;

c) The issuance of a new one or re-issuance of the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit to the transport operator that has violated regulations and is subject to revocation of the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit shall not be processed if it fails to comply with the decision to revoke the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit. After the transport operator fully complies with the revocation decision, the issuing authority shall then process the request in accordance with this Decree. In cases where, after a decision to revoke the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit is issued, the transport operator reports in writing to the issuing authority that the permit is lost, the issuing authority shall not issue a new one or re-issued the Vietnam - Laos - Cambodia Vehicle Cross-Border Transport Permit within 60 days from the date on which the operator’s written report is received.

Article 42. Extension of vehicle operation period in Vietnam for Laotian and Cambodian vehicles

1. Beneficiaries: A vehicle of Laos or Cambodia, of which the vehicle operation period in Vietnam as stated in the vehicle cross-border transport permit expires due to a force majeure event, shall have its vehicle operation period extended once for a maximum period of 10 days.

2. Competent extending authority: The provincial-level Department of Transport of a province or centrally-run city where the vehicle encounters a force majeure event.

3. A dossier shall comprise of:

a) A written request for extension of the vehicle operation period in Vietnam, made using Form No. 05 provided in Appendix IX to this Decree;

b) The Vietnam - Laos - Cambodia Vehicle Cross-border Transport Permit (the original).

4. Order and procedures

a) The organization or individual shall submit 01 dossier in person to the extending authority of the locality where the vehicle encounters the force majeure event;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent authority shall extend the vehicle operation period for the vehicle of Laos or Cambodia. The competent authority shall extend the period in another written document or in the vehicle cross-border transport permit. In case of refusal to extend the period, the competent authority shall reply in writing and state the reason.

Article 43. Procedures for registration of, suspension from operation on a route, addition, replacement, and suspension of vehicles in operation on scheduled passenger transport routes among Vietnam, Laos and Cambodia

1. Registrants for operation on scheduled passenger transport routes among Vietnam, Laos, and Cambodia

Transport operators that satisfy the conditions prescribed by the applicable regulations may register for operation on scheduled passenger transport routes among Vietnam, Laos, and Cambodia.

2. A dossier of registration for operation on scheduled passenger transport routes among Vietnam, Laos, and Cambodia shall comprise of:

a) A written request for registration for operation on scheduled passenger transport routes among Vietnam, Laos, and Cambodia, made using Form No. 06 provided in Appendix IX to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; a business cooperation agreement; or a finance lease agreement (in the case of finance lease);

c) A plan for operation on the scheduled passenger transport routes among Vietnam, Laos, and Cambodia, made using Form No. 07 provided in Appendix IX to this Decree;

d) The partnership agreement between the Vietnamese transport operator and the Laotian and/or Cambodian partner(s) (it can be a simple copy, a certified true copy, an electronic copy certified from the original, an electronic copy from the master register, or the original for collation).

3. The competent route-managing authority: the provincial-level Department of Transport of a province or centrally-run city.

4. Order and procedures

a) The transport operator shall submit 01 dossier to the competent authority by one of the following methods: in person, online or by postal service. If the dossier is submitted in person, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the route-managing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent authority shall notify the transport operator in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent authority shall issue a written notice of operation on the registration for operation on the scheduled passenger transport routes among Vietnam, Laos, and Cambodia using Form No. 08 provided in Appendix IX to this Decree and confirm in the partnership agreement of transport operator. In cases where a permit is not issued, the competent authority must notify in writing or via the online public service system and clearly state the reasons;

c) Results shall be returned at the office of the competent authority or via the postal service as prescribed.

5. The notice of operation on the route shall cease to be effective if the transport operator fails to place vehicles into operation within 60 days from its effective date.

6. A scheduled passenger transport route among Vietnam, Laos, and Cambodia must originate and terminate within the territory of Vietnam, from/at passenger terminals of Grade 01 through Grade 04, or Grade-05 terminals located in poor rural districts as prescribed by the Government.

7. Any automobile operating on a scheduled passenger transport route among Vietnam, Laos, and Cambodia must be subject to a waybill. Waybills shall be issued for the outbound and return legs of a trip (for multi-day trips) or daily (in cases where multiple trips are made in a day). Waybills shall be issued by the transport operator using Form No. 09 provided in Appendix IX to this Decree and must be sequentially numbered by year for management.

8. Addition or replacement of vehicles operating on scheduled passenger transport routes

a) A transport operator currently operating on the route may add or replace vehicles;

b) The dossier of registration for vehicle addition or replacement shall comply with Clause 2 of this Article. The written request for registration of vehicle addition or replacement shall be made using Form No. 06 provided in Appendix IX to this Decree;

c) The order and procedures are prescribed in Clause 4 of this Article.

9. Suspension of operation on the route, suspension of automobiles’ operation on the scheduled passenger transport route among Vietnam, Laos, and Cambodia.

a) In cases where the operation on a route or the operation of vehicles on the route should be suspended, the transport operator must notify the competent authority and the terminal in Vietnam in writing using Form No. 10 provided in Appendix IX to this Decree, and return the notice of operation on the route, the national distinguishing sign, and the vehicle cross-border transport permits issued to the vehicles of which the operation will be suspended.

The transport operator may suspend its operation on the route or suspend its vehicles’ operation on the route only after visibly displaying such notice at the terminal in Vietnam for at least 10 days;

b) No later than 02 working days from the date on which the request is received, the competent authority shall issue a notice of suspension of operation on the route or suspension of operation of the vehicles, made using Form No. 11 provided in Appendix IX to this Decree, and publicly announce it for other transport operators to register for operation.

10. Adjustment of vehicle operation frequency on the route

a) At least 10 days prior to adjusting the vehicle operation frequency on the route, the transport operator must send a written request made using Form No. 12 provided in Appendix IX to this Decree to the competent authority and the terminal in Vietnam;

b) No later than 02 working days from the date on which the written request, the competent authority shall issue a written notice of the adjustment of vehicle operation frequency on the route using Form No. 13 provided in Appendix IX to this Decree.

Section 5

ORDER AND PROCEDURES FOR ISSUANCE, RE-ISSUANCE, AND REVOCATION OF VIETNAM - CHINA CROSS-BORDER TRANSPORT PERMITS

Article 44. Vietnam - China Cross-Border Transport Permits

The Vietnam - China Cross-Border Transport Permits are prescribed in the Protocol between the Government of the Socialist Republic of Vietnam and the Government of the People’s Republic of China on the implementation of the Agreement on Road Transport between the two Governments, signed on October 11, 2011, including:

1. Transport Permit - A: issued to scheduled passenger transport vehicles (including tourists), allowing multiple cross-border trips within a year; applicable to vehicles operating on routes between the border areas of the two countries.

2. Transport Permit - B: issued to non-scheduled passenger transport vehicles (including tourists) and official vehicles, allowing a single round trip within a year; applicable to vehicles operating on routes between the border areas of the two countries.

3. Transport Permit - C: issued to goods transport vehicles, allowing a single round trip within a year; applicable to vehicles operating on routes between the border areas of the two countries.

4. Transport Permit - D: issued to vehicles transporting dangerous, oversized, and overweight goods, allowing a single round trip within a year.

5. Transport Permit - E: issued to scheduled passenger transport vehicles (including tourists), allowing multiple cross-border trips within a year; applicable to vehicles operating on routes farther into the territory of the two countries.

6. Transport Permit - F: issued to non-scheduled passenger transport vehicles (including tourists) and official vehicles, allowing a single round trip within a year; applicable to vehicles operating on routes farther into the territory of the two countries.

7. Transport Permit - G: issued to goods transport vehicles, allowing a single round trip within a year; applicable to vehicles operating on routes farther into the territory of the two countries.

Article 45. Issuance and re-issuance of Vietnam - China Cross-Border Transport Permits - A, B, C, E, F, G for Vietnamese vehicles

1. Beneficiaries: Transport Permits - A, B, C, E, F, G shall be issued to vehicles of Vietnamese transport operators and to Vietnamese official vehicles.

2. A dossier of request for issuance or re-issuance of a permit to a commercial vehicle shall comprise of:

a) A written request for issuance or re-issuance of the Vietnam - China Cross-Border Transport Permit, made using Form No. 01 provided in Appendix X to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; a business cooperation agreement; or a finance lease agreement (in the case of finance lease).

3. A dossier of request for issuance or re-issuance of a permit to an official vehicle shall comprise of:

a) A written request for issuance or re-issuance of the Vietnam - China Cross-Border Transport Permit, made using Form No. 02 provided in Appendix X to this Decree;

b) A simple copy, a certified true copy, an electronic copy certified from the original, an electronic copy from the master register, or the original of the certificate of automobile registration;

c) A simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of the invitation letter from the Chinese partner specifying the route, border gate, and timeframe of the visit (if the original is not in Vietnamese or English, a Vietnamese or English translation shall be attached thereto);

d) A simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of the competent authority’s decision on assignment for a working visit.

4. Competent issuing authority

a) The Department for Roads of Vietnam shall issue: Transport Permits - E; Transport Permits - F and G for the first time in a year (a year runs from January 01 to December 31);

b) Provincial-level Departments of Transport of the provinces of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau shall issue: Transport Permits - A, B, and C; and Transport Permits - F and G for the second and subsequent times in a year.

5. Order and procedures for issuing a Transport Permit - A or E; and for issuing a Transport Permit - B, C, F, or G for the first time in a year

a) The organization or individual or transport operator shall submit 01 dossier to the competent issuing authority by one of the following methods: in person, online or by postal service. In cases where the dossier is received in person at the issuing authority or via the postal service, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the organization or individual or transport operator of the incomplete details or any required amendment in person or in writing or via the online public service system within 01 working days from the date on which the dossier is received;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent issuing authority shall issue the permit using Form No. 03, 04, 05, 07, 08, or 09 provided in Appendix X to this Decree. In cases where a permit is not issued, the competent issuing authority must notify in writing or via the online public service system and clearly state the reasons;

c) Results shall be returned at the office of the competent issuing authority or via the postal service as prescribed.

After issuing Transport Permits - F or G for the first time in a year, the Department for Roads of Vietnam shall notify the list of vehicles issued with such permits to the provincial-level Departments of Transport listed in Clause 4 of this Article.

6. Order and procedures for issuing a Transport Permit - B, C, F, or G for the second and subsequent times in a year

a) The driver or staff of the transport operator that has been issued with a Transport Permit - B, C, F, or G for the first time in a year shall present the vehicle’s certificate of registration to a provincial-level Department of Transport listed in Clause 4 of this Article;

b) Based on the list of vehicles that have been issued with Transport Permits - B, C, F, and G for the first time in the year, the provincial-level Department of Transport listed in Clause 4 of this Article shall issue the permit for the second or subsequent times in the year.

7. In cases where a Transport Permit - A, B, C, E, F, or G issued to a Vietnamese vehicle is damaged or lost, the organization or transport operator shall prepare a dossier of request for re-issuance as prescribed at Point a, Clause 2, Clause 3, Clause 5, and Clause 6 of this Article.

Article 46. Referral of request for issuance of Vietnam - China Cross-Border Transport Permit - D for Vietnamese vehicles

1. Transport Permits - D are issued to Vietnamese vehicles by the competent Chinese authority. Before submitting the dossier of request for issuance of a permit by the Chinese side, the transport operator shall complete the referral procedure as prescribed in Clauses 2 and 4 of this Article.

2. A dossier of referral shall comprise of:

a) A written request for referral for issuance of the Transport Permit - D, made using Form No. 10 provided in Appendix X to this Decree;

b) A permit for transport of oversized/overweight goods or dangerous goods issued by a competent Vietnamese authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register).

3. Referring authorities: Based on the transport route and the border-gate pairs under their management, the provincial-level Departments of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau shall refer Vietnamese transport operators to the competent Chinese authority.

4. Order and procedures

a) The transport operator submits 01 dossier to the referring authority. The referring authority receives and checks the dossier. In cases where the dossier is received in person at the referring authority or via the postal service, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the competent referring authority. In cases where any amendment or supplementation to the dossier is necessitated, the referring authority shall notify the transport operator of the incomplete details or any required amendment in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

b) Within 02 working days from a date on which a complete and valid dossier as prescribed is received, the provincial-level Department of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, or Lai Chau shall refer the transport operator to the competent Chinese authority. In cases where the referral is rejected, the competent authority must notify in writing or via the online public service system and clearly state the reasons;

c) Results shall be returned at the office of the referring authority or via the postal service as prescribed.

Article 47. Issuance of Vietnam - China Cross-Border Transport Permits - D for Chinese vehicles

1. Transport Permits - D are issued to Chinese vehicles by the competent Vietnamese authority based on referral letters from the competent Chinese authority.

2. A dossier shall comprise of:

a) A written request for issuance of the Transport Permit - D, made using Form No. 11 provided in Appendix X to this Decree;

b) A referral letter from the competent Chinese authority (it may be a copy enclosed with certified translations of documents from Chinese into Vietnamese or English where the originals are not bilingual in Vietnamese–Chinese or Chinese–English);

c) A permit for transport of oversized/overweight goods or dangerous goods issued by a competent Vietnamese authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register);

d) A permit for transport of oversized/overweight goods or dangerous goods issued by a competent Chinese authority (it may be a certified copy enclosed with certified translations of documents from Chinese into Vietnamese or English where the originals are not bilingual in Vietnamese–Chinese or Chinese–English);

dd) A certificate of vehicle periodic technical inspection for technical safety and environmental protection (it may be a certified copy enclosed with certified translations of documents from Chinese into Vietnamese or English where the originals are not bilingual in Vietnamese–Chinese or Chinese–English).

3. Issuing authorities: Based on the transport route and the border-gate pairs under their management, the provincial-level Departments of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau shall issue Transport Permits - D to Chinese vehicles.

4. Order and procedures

a) The organization or individual or transport operator submits 01 dossier to the competent issuing authority. The competent issuing authority shall receive and check the dossier. In cases where the dossier is received in person at the issuing authority or via the postal service, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the organization or individual or transport operator that submits the dossier of the incomplete details or any required amendment in person or in writing or via the online public service system within 01 working days from the date on which the dossier is received;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent authority shall issue the Transport Permit - D using Form No. 06 provided in Appendix X to this Decree. In cases where a permit is not issued, the competent issuing authority must notify in writing or via the online public service system and clearly state the reasons;

c) Results shall be returned at the office of the competent issuing authority or via the postal service as prescribed.

Article 48. Revocation of Vietnam - China Cross-Border Transport Permits

1. The competent issuing authority shall revoke the Vietnam - China Cross-Border Transport Permit upon any of the following violations:

a) Failure to comply with the permit when conducting cross-border transport operations between Vietnam and China;

b) Revocation of the business license for transport using automobiles or the sticker by the competent authority;

c) Expiration of the time limit for re-import of the vehicle into Vietnam as prescribed, unless in cases of natural disasters, accidents, or force majeure;

d) Submission of copies that are inconsistent with the originals or providing false information in the dossier of request for issuance of the Vietnam - China Cross-Border Transport Permit, or fraudulent acts to be issued with the Vietnam - China Cross-Border Transport Permit.

2. Order and procedures

a) The competent issuing authority shall issue a decision to revoke the Vietnam - China Cross-Border Transport Permit and send it to the transport operator, state regulatory authorities at the border gates, and relevant agencies; publish the information on the web portal of the issuing authority and, at the same time, notify the competent Chinese authority in writing for coordinated handling;

b) When the authority that issued the Vietnam - China Cross-Border Transport Permit then issues a decision to revoke it, within 10 days from the date of signing, the transport operator must return the permit to the issuing authority and suspend its transport business operations between Vietnam and China with respect to the automobile concerned.

In cases where the transport operator returns the Vietnam - China Cross-Border Transport Permit in accordance with the revocation decision, the issuing authority shall not issue a new one or re-issued the Vietnam - China Cross-Border Transport Permit within 30 days (60 days for a second violation within 06 consecutive months) from the date on which the permit is returned by the transport operator to the issuing authority. After 30 days (60 days for a second violation within 06 consecutive months) from the date on which the Vietnam - China Cross-Border Transport Permit is returned, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures for issuance in accordance with this Decree.

In cases where the transport operator fails to return the permit by the above deadline, the issuing authority shall not issue a new one or re-issue the Vietnam - China Cross-Border Transport Permit within 45 days (90 days for a second violation within 06 consecutive months) from the date on which the transport operator returns the Vietnam - China Cross-Border Transport Permit in full in accordance with the revocation decision; after this period, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures to be issued with the Vietnam - China Cross-Border Transport Permit in accordance with this Decree;

c) The issuance of a new one or re-issuance of the Vietnam - China Cross-Border Transport Permit to the transport operator that has violated regulations and is subject to revocation of the Vietnam - China Cross-Border Transport Permit shall not be processed if it fails to comply with the decision to revoke the Vietnam - China Cross-Border Transport Permit. After the transport operator fully complies with the revocation decision, the issuing authority shall then process the request in accordance with this Decree. In cases where, after a decision to revoke the Vietnam - China Cross-Border Transport Permit is issued, the transport operator reports in writing to the issuing authority that the permit is lost, the issuing authority shall not issue a new one or re-issued the Vietnam - China Cross-Border Transport Permit within 60 days from the date on which the operator’s written report is received.

Article 49. Extension of vehicle operation period in Vietnam for Chinese vehicles

1. Beneficiaries: A vehicle of China, of which the vehicle operation period in Vietnam as stated in the Vietnam - China Cross-Border Transport Permit expires for justifiable reason, shall have its vehicle operation period extended once for a maximum period of 10 days.

2. Competent extending authority: The provincial-level Department of Transport of a province or centrally-run city where the vehicle encounters a force majeure event.

3. A dossier shall comprise of:

a) A written request for extension of the vehicle operation period in Vietnam, made using Form No. 12 provided in Appendix X to this Decree;

b) The Vietnam - China Cross-Border Transport Permit (the original).

4. Order and procedures

a) The organization shall submit 01 dossier in person to the competent authority of the locality where the vehicle is currently operating;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent authority shall extend the vehicle operation period for the vehicle of China. In case of refusal to extend the period, the competent authority shall reply in writing and state the reason.

Article 50. Procedures for registration of, suspension from operation on a route, addition, replacement, and suspension of vehicles in operation on scheduled passenger transport routes between Vietnam and China

1. Registrants for operation on scheduled passenger transport routes between Vietnam and China

Transport operators that satisfy the conditions prescribed by the applicable regulations may register for operation on scheduled passenger transport routes between Vietnam and China.

2. A dossier of request for registration of operation on scheduled passenger transport routes between Vietnam and China shall comprise of:

a) A written request for registration for operation on scheduled passenger transport routes between Vietnam and China made using Form No. 13 provided in Appendix X to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; a business cooperation agreement; or a finance lease agreement (in the case of finance lease);

c) A plan for operation on scheduled passenger transport routes between Vietnam and China made using Form No. 14 provided in Appendix X to this Decree.

3. The route-managing authority shall:

a) The Department for Roads of Vietnam shall issue notices of operation on scheduled passenger transport routes between Vietnam and China farther into the interior of either country;

b) The provincial-level Departments of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau shall issue notices of operation on regular passenger transport routes between the border areas of Vietnam and China under their management.

4. Order and procedures for registration of operation on scheduled passenger transport routes between Vietnam and China

a) The transport operator shall submit 01 dossier by one of the following methods: in person, online or by postal service. After receiving and checking the dossier, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the route-managing authority. In cases where any amendment or supplementation to the dossier is necessitated, the route-managing authority shall notify the transport operator of the incomplete details or any required amendment in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the route-managing authority shall issue a written notice of operation on the Vietnam - China scheduled transport route using Form No. 15 provided in Appendix X to this Decree. In cases where such a notice is not issued, the route-managing authority must notify in writing or via the online public service system and clearly state the reasons;

c) Results shall be returned at the office of the route-managing authority or via the postal service as prescribed.

5. Addition or replacement of vehicles operating on scheduled passenger routes between Vietnam and China

a) A transport operator currently operating on the route may add or replace to vehicles on the route;

b) The dossier of registration for vehicle addition or replacement shall comply with Clause 2 of this Article. The written request for registration of vehicle addition or replacement shall be made using Form No. 13 provided in Appendix X to this Decree;

c) The order and procedures are prescribed in Clause 4 of this Article.

6. Suspension of operation on the route, suspension of vehicles’ operation on scheduled passenger routes between Vietnam and China

a) The transport operator must send a written notice made using Form No. 16 provided in Appendix X to this Decree to the route-managing authority and the terminal in Vietnam, and may only suspend operations after the notice has been visibly displayed at the terminal in Vietnam for at least 10 days;

b) No later than 02 working days from the date on which the request is received, the route-managing authority shall issue a notice of suspension of operation on the route or suspension of operation of the vehicles, made using Form No. 15 provided in Appendix X to this Decree, and publicly announce it for other transport operators to register for operation.

7. The notice of operation on the route shall cease to be effective if the transport operator fails to place vehicles into operation within 60 days from its effective date.

Section 6

ORDER AND PROCEDURES FOR ISSUANCE, RE-ISSUANCE, AND REVOCATION OF VIETNAM - LAOS CROSS-BORDER TRANSPORT PERMITS AND VIETNAM - LAOS VEHICLE CROSS-BORDER TRANSPORT PERMITS

Article 51. Issuance and re-issuance of Vietnam - Laos Cross-Border Transport Permits

1. Beneficiaries: The Vietnam - Laos Cross-Border Transport Permits shall be issued to Vietnamese transport operators that satisfy the requirements prescribed in Article 19 of the Protocol implementing the Agreement on road motorized vehicle facilitation signed between the Socialist Republic of Vietnam and the Lao People’s Democratic Republic.

2. A dossier shall comprise of:

a) A written request for issuance or re-issuance of the Vietnam - Laos Cross-Border Transport Permit, made using Form No. 01 provided in Appendix XI to this Decree;

b) A transport business plan, made according to Form No. 02 provided in Appendix XI to this Decree.

3. Issuing authorities: The provincial-level Departments of Transport of provinces and centrally-run cities.

4. Order and procedures

a) The transport operator shall submit 01 dossier of request for issuance of the Vietnam - China Cross-Border Transport Permit to one of the competent issuing authorities prescribed in Clause 3 of this Article by one of the following methods: in person, online or by postal service;

b) The competent issuing authority shall receive and check the dossier. For the dossier submitted in person at the issuing authority or via the postal service, the receiving officer shall enter the information of the dossier into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the transport operator in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

c) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent issuing authority shall issue the Vietnam - China Cross-Border Transport Permit using Form No. 03 provided in Appendix XI to this Decree. In cases where the permit is not issued, the competent authority must notify in writing or via the online public service system and clearly state the reasons;

d) Results shall be returned at the office of the competent issuing authority or via the postal service as prescribed.

5. In cases where the Vietnam - China Cross-Border Transport Permit is damaged or lost, the transport operator shall prepare a dossier of request for re-issuance of the permit as prescribed in Clauses 2 and 4 of this Article.

Article 52. Revocation of Vietnam - Laos Cross-Border Transport Permits

1. The issuing authority shall revoke the Vietnam - Laos Cross-Border Transport Permit if the transport operator commits any of the following violations:

a) Engagement in the type of transport business that is inconsistent with the Vietnam - Laos Cross-Border Transport Permit;

b) Revocation of the business license for transport using automobiles by a competent authority;

c) Revocation of the permit requested by a specialized state regulatory authority at a border gate due to violations related to immigration, import, or export at the border gate, or regulations on management of activities in the border-gate area;

d) Termination of its operations in accordance with the law regulations.

2. Order and procedures

a) The competent issuing authority shall issue a decision to revoke the Vietnam - Laos Cross-Border Transport Permit and send it to the transport operator, state regulatory authorities at the border gates, and relevant agencies; and, at the same time, publish the information on the web portal of the competent issuing authority;

b) When the authority that issued the Vietnam - Laos Cross-Border Transport Permit then issues a decision to revoke such Vietnam - Laos Cross-Border Transport Permit. Within 15 days from the date of signing, the transport operator must return the Vietnam - Laos Cross-border Transport Permit and all Vietnam - Laos Vehicle Cross-Border Transport Permits to the issuing authority, and suspend its cross-border road transport business operations between Vietnam and Laos in accordance with the revocation decision.

In cases where the transport operator returns the Vietnam - Laos Cross-border Transport Permit and all Vietnam - Laos Vehicle Cross-border Transport Permits in accordance with the revocation decision, the issuing authority shall not re-issue the Vietnam - Laos Cross-border Transport Permit within 30 days from the date on which the transport operator returns all such permits in accordance with the revocation decision.

In cases where, by the above deadline, the transport operator fails to return the Vietnam - Laos Cross-border Transport Permit and all Vietnam - Laos Vehicle Cross-border Transport Permits, or returns an insufficient number thereof, in accordance with the revocation decision, the issuing authority shall not re-issue the Vietnam - Laos Cross-border Transport Permit within 45 days from the date on which the transport operator returns all such permits in accordance with the revocation decision. After the above time limit, if it wishes to continue engaging in transport business, the transport operator shall carry out procedures to be issued with the Vietnam - Laos Cross-border Transport Permit and Vietnam - Laos Vehicle Cross-border Transport Permits in accordance with this Decree.

Article 53. Issuance and re-issuance of Vietnam - Laos Vehicle Cross-Border Transport Permits

1. Beneficiaries: Vietnam - Laos Vehicle Cross-Border Transport Permits shall be issued to vehicles of organizations and individuals that satisfy conditions prescribed in the law regulations on road transport between Vietnam and Laos and the Protocol implementing the Agreement on road motorized vehicle facilitation between Vietnam and Laos.

2. A dossier of request for issuance or re-issuance of a permit to a commercial vehicle shall comprise of:

a) A written request for issuance or re-issuance of the permit, made using Form No. 04 provided in Appendix XI to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; a business cooperation agreement; or a finance lease agreement (in the case of finance lease).

3. A dossier of request for issuance or re-issuance of a permit for a non-commercial vehicle and for a vehicle serving projects or business operations of an enterprise in the territory of Laos shall comprise of:

a) A written request for issuance or re-issuance of the permit, made using Form No. 05 provided in Appendix XI to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the organization, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of the vehicle lease agreement shall be included;

c) A simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of the decision on assignment for a working visit issued by the competent authority (in cases it is an official vehicle or a vehicle of a diplomatic mission or international organization on a working visit);

d) A simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of an agreement or document proving that the operator is currently carrying out projects or business operations in the territory of Laos (if the transport operator engages in transport business serving projects or business operations in the territory of Laos); a simple copy, a certified true copy, an electronic copy certified from the original, an electronic copy from the master register, or the original for collation of the Vietnamese translation of the agreement that is notarized or certified by a notary office in the case of an agreement in a foreign language).

4. Competent issuing authority

a) Provincial-level Departments of Transport of provinces and centrally-run cities shall issue Vietnam - Laos Vehicle Cross-Border Transport Permits vehicles of authorities, organizations, individuals, and transport operators located in their localities;

b) Provincial-level Departments of Transport in localities with land border gates adjacent to Laos shall issue permits to non-commercial vehicles of organizations and individuals located in other provinces of Vietnam that cross the border gates under their management.

5. Order and procedures

a) The organization or individual or transport operator shall submit 01 dossier to the competent issuing authority by one of the following methods: in person, online or by postal service. The competent issuing authority shall receive and check the dossier. For the dossier submitted in person at the issuing authority or via the postal service, the receiving officer shall enter the information into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the organization or individual or transport operator that submits the dossier, in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent issuing authority shall issue the Vietnam - Laos Vehicle Cross-Border Transport Permit using Form No. 06 provided in Appendix XI to this Decree. In cases where a permit is not issued, the competent issuing authority must notify in writing or via the online public service system and clearly state the reasons;

c) Results shall be returned at the office of the competent issuing authority or via the postal service as prescribed.

6. When the Vietnam - Laos Vehicle Cross-border Transport Permit expires, or remains valid but has no remaining pages for confirmation stamps of regulatory authorities at the border-gates, the organization or individual or transport operator shall prepare a dossier of request for re-issuance thereof as prescribed in Clauses 2, 3 and 5 of this Article; when the Vietnam - Laos Vehicle Cross-border Transport Permit is damaged or lost, the organization or individual or transport operator shall prepare a dossier of request for re-issuance thereof as prescribed at Point a, Clause 2, Point a, Clause 3 and Clause 5 of this Article.

Article 54. Revocation of Vietnam - Laos Vehicle Cross-border Transport Permits

1. The issuing authority shall revoke the Vietnam - Laos Vehicle Cross-border Transport Permit upon any of the following violations:

a) Failure to comply with the permit when conducting cross-border transport operations between Vietnam and Laos;

b) Revocation of the business license for transport using automobiles, the Vietnam - Laos Vehicle Cross-border Transport Permit or the sticker by the competent authority (applicable only to the Vietnam - Laos Vehicle Cross-border Transport Permit issued to a commercial vehicle);

c) Expiration of the time limit for re-import of the vehicle into Vietnam as prescribed, unless in cases of natural disasters, accidents, or force majeure;

d) Submission of copies that are inconsistent with the originals or providing false information in the dossier of request for issuance of the Vietnam - Laos Vehicle Cross-border Transport Permit, or fraudulent acts to be issued with the Vietnam - Laos Vehicle Cross-border Transport Permit.

2. Order and procedures

a) The competent issuing authority shall issue a decision to revoke the Vietnam - Laos Vehicle Cross-border Transport Permit and send it to the organization or individual or transport operator, state regulatory authorities at the border gates, and relevant agencies; and, at the same time, publish the information on the web portal of the competent issuing authority;

b) When the authority that issued the Vietnam - Laos Vehicle Cross-Border Transport Permit then issues a decision to revoke it, within 10 days from the date of signing, the transport operator must return the permit to the issuing authority and suspend its cross-border transport business activities between Vietnam and Laos with respect to the automobile concerned.

In cases where the transport operator returns the Vietnam - Laos Vehicle Cross-Border Transport Permit in accordance with the revocation decision, the issuing authority shall not issue a new one or re-issued the Vietnam - Laos Vehicle Cross-Border Transport Permit within 30 days (60 days for a second violation within 06 consecutive months) from the date on which the permit is returned by the transport operator to the issuing authority. After 30 days (60 days for a second violation within 06 consecutive months) from the date on which the Vietnam - Laos Vehicle Cross-Border Transport Permit is returned, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures for issuance in accordance with this Decree.

In cases where the transport operator fails to return the permit by the above deadline, the issuing authority shall not issue a new one or re-issue the Vietnam - Laos Vehicle Cross-Border Transport Permit within 45 days (90 days for a second violation within 06 consecutive months) from the date on which the transport operator returns the Vietnam - Laos Vehicle Cross-Border Transport Permit in full in accordance with the revocation decision; after this period, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures to be issued with the Vietnam - Laos Vehicle Cross-Border Transport Permit in accordance with this Decree;

c) The issuance of a new one or re-issuance of the Vietnam - Laos Vehicle Cross-Border Transport Permit to the transport operator that has violated regulations and is subject to revocation of the Vietnam - Laos Vehicle Cross-Border Transport Permit shall not be processed if it fails to comply with the decision to revoke the Vietnam - Laos Vehicle Cross-Border Transport Permit. After the transport operator fully complies with the revocation decision, the issuing authority shall then process the request in accordance with this Decree. In cases where, after a decision to revoke the Vietnam - Laos Vehicle Cross-Border Transport Permit is issued, the transport operator reports in writing to the issuing authority that the permit is lost, the issuing authority shall not issue a new one or re-issued the Vietnam - Laos Vehicle Cross-Border Transport Permit within 60 days from the date on which the operator’s written report is received.

Article 55. Extension of vehicle operation period in Vietnam for Laotian vehicles

1. Beneficiaries: A vehicle of Laos, of which the vehicle operation period in Vietnam as stated in the vehicle cross-border transport permit expires due to a force majeure event, shall have its vehicle operation period extended once for a maximum period of 10 days.

2. Competent extending authority: The provincial-level Department of Transport of a province or centrally-run city where the vehicle encounters a force majeure event.

3. A dossier shall comprise of:

a) A written request for extension of the vehicle operation period in Vietnam, made using Form No. 07 provided in Appendix XI to this Decree;

b) The Vietnam - Laos Vehicle Cross-border Transport Permit (the original).

4. Order and procedures

a) The organization or individual shall submit 01 dossier in person to the competent authority of the locality where the vehicle encounters the force majeure event;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent authority shall extend the vehicle operation period in Vietnam for the vehicle of Laos. The competent authority shall extend the period in another written document or in the vehicle cross-border transport permit. In case of refusal to extend the period, the competent authority shall reply in writing and state the reason.

Article 56. Procedures for registration of, suspension from operation on a route, addition, replacement, and suspension of vehicles, and adjustment of vehicle operation frequency on scheduled passenger transport routes between Vietnam and Laos

1. Registrants for operation on scheduled passenger transport routes between Vietnam and Laos: Transport operators that satisfy the conditions prescribed by the applicable regulations may register for operation on scheduled passenger transport routes between Vietnam and Laos.

2. A dossier of registration for operation on scheduled passenger transport routes between Vietnam and Laos shall comprise of:

a) A written request for registration for operation on scheduled passenger transport routes between Vietnam and Laos, made using Form No. 08 provided in Appendix XI to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; a business cooperation agreement; or a finance lease agreement (in the case of finance lease);

c) A plan for operation on the scheduled passenger transport routes between Vietnam and Laos, made using Form No. 09 provided in Appendix V to this Decree.

3. The competent route management authority: The Department for Roads of Vietnam.

4. Order and procedures

a) The transport operator shall submit 01 dossier to the competent authority by one of the following methods: in person, online or by postal service. If the dossier is submitted in person, the receiving officer shall enter the information into the online public service system of the Department for Roads of Vietnam. In cases where any amendment or supplementation to the dossier is necessitated, the competent authority shall notify the transport operator in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent authority shall issue a written notice of operation on the Vietnam - Laos scheduled transport route using Form No. 10 provided in Appendix XI to this Decree. In cases where a permit is not issued, the competent authority must notify in writing or via the online public service system and clearly state the reasons;

c) Results shall be returned at the office of the competent authority or via the postal service as prescribed.

5. The notice of operation on the route shall cease to be effective if the transport operator fails to place vehicles into operation within 60 days from its effective date.

6. A scheduled passenger transport route between Vietnam and Laos must originate and terminate within the territory of Vietnam, from/at passenger terminals of Grade 01 through Grade 04, or Grade-05 terminals located in poor rural districts as prescribed by the Government.

7. Any automobile operating on a scheduled passenger transport route between Vietnam and Laos must be subject to a waybill. Waybills shall be issued for the outbound and return legs of a trip (for multi-day trips) or daily (in cases where multiple trips are made in a day). Waybills shall be issued by the transport operator using Form No. 11 provided in Appendix XI to this Decree and must be sequentially numbered by year for management.

8. Addition or replacement of vehicles operating on scheduled passenger transport routes

a) A transport operator currently operating on the route may add or replace vehicles;

b) The dossier of registration for vehicle addition or replacement shall comply with Clause 2 of this Article. A written request for registration, made using Form No. 08 provided in Appendix XI to this Decree;

c) The order and procedures are prescribed in Clause 4 of this Article. The notice of vehicle addition or replacement shall be made using Form No. 12 provided in Appendix XI to this Decree.

9. Suspension of operation on the route, suspension of automobiles’ operation on the scheduled passenger transport route between Vietnam and Laos

a) In cases where the operation on a route or the operation of vehicles on the route should be suspended, the transport operator must notify the competent authority and the terminal in Vietnam in writing using Form No. 08 provided in Appendix XI to this Decree, and return the notice of operation on the route, and the vehicle cross-border transport permits issued to the vehicles of which the operation will be suspended.

The transport operator may suspend its operation on the route or suspend its vehicles’ operation on the route only after visibly displaying such notice at the terminal in Vietnam for at least 10 days;

b) No later than 02 working days from the date on which the request is received, the competent authority shall issue a notice of suspension of operation of the vehicles or suspension of operation on the route, made using Form No. 12 or Form No. 13 provided in Appendix XI to this Decree, and publicly announce it for other transport operators to register for operation.

10. Adjustment of vehicle operation frequency on the route

a) At least 10 days prior to adjusting the vehicle operation frequency on the route, the transport operator must send a written request made using Form No. 14 provided in Appendix XI to this Decree to the competent authority and the terminal in Vietnam;

b) No later than 02 working days from the date on which the written request, the competent authority shall issue a notice of the adjustment of vehicle operation frequency on the route using Form No. 15 provided in Appendix XI to this Decree.

Section 7

ORDER AND PROCEDURES FOR ISSUANCE, RE-ISSUANCE, AND REVOCATION OF VIETNAM - CAMBODIA CROSS-BORDER TRANSPORT PERMITS AND VIETNAM - CAMBODIA VEHICLE CROSS-BORDER TRANSPORT PERMITS

Article 57. Issuance and re-issuance of Vietnam - Cambodia Cross-Border Transport Permits

1. Beneficiaries: Vietnam - Cambodia Cross-Border Transport Permits shall be issued to Vietnamese transport operators.

2. A dossier shall comprise of:

a) A written request for issuance or re-issuance of the Vietnam - Cambodia Cross-Border Transport Permit, made using Form No. 01 provided in Appendix XII to this Decree;

b) A transport business plan, made according to Form No. 02 provided in Appendix XII to this Decree.

3. The competent issuing authority: The Department for Roads of Vietnam.

4. Order and procedures

a) The transport operator shall submit 01 dossier of request for issuance of the Vietnam - Cambodia Cross-Border Transport Permit to the competent issuing authority by one of the following methods: in person, online or by postal service;

b) The competent issuing authority shall receive and check the dossier. In cases where the dossier is received in person at the issuing authority or via the postal service, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the transport operator in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

c) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent issuing authority shall issue the Vietnam - Cambodia Cross-Border Transport Permit using Form No. 03 provided in Appendix XII to this Decree. In cases where a permit is not issued, the competent issuing authority must notify in writing or via the online public service system and clearly state the reasons;

d) Results shall be returned at the office of the competent issuing authority or via the postal service as prescribed.

5. When the Vietnam - Cambodia Cross-Border Transport Permit is damaged or lost, the transport operator shall prepare a dossier of request for re-issuance of the permit as prescribed in Clauses 2 and 4 of this Article.

Article 58. Revocation of Vietnam - Cambodia Cross-Border Transport Permits

1. The issuing authority shall revoke the Vietnam - Cambodia Cross-Border Transport Permit if the transport operator commits any of the following violations:

a) Engagement in the type of transport business that is inconsistent with the Vietnam - Cambodia Cross-Border Transport Permit;

b) Revocation of the business license for transport using automobiles by a competent authority;

c) Revocation of the permit requested by a specialized state regulatory authority at a border gate due to violations related to immigration, import, or export at the border gate, or regulations on management of activities in the border-gate area;

d) Termination of its operations in accordance with the law regulations.

2. Order and procedures

a) The competent issuing authority shall issue a decision to revoke the Vietnam - Cambodia Cross-Border Transport Permit and send it to the transport operator, state regulatory authorities at the border gates, and relevant agencies; publish the information on the web portal of the issuing authority and, at the same time, notify the competent Cambodian authority for coordinated handling;

b) When the authority that issued the Vietnam - Cambodia Cross-Border Transport Permit then issues a decision to revoke such Vietnam - Cambodia Cross-Border Transport Permit. Within 15 days from the date of signing, the transport operator must return the Vietnam - Cambodia Cross-border Transport Permit and all Vietnam - Cambodia Vehicle Cross-Border Transport Permits to the issuing authority, and suspend its cross-border road transport business operations between Vietnam and Cambodia in accordance with the revocation decision.

In cases where the transport operator returns the Vietnam - Cambodia Cross-border Transport Permit and all Vietnam - Cambodia Vehicle Cross-border Transport Permits in accordance with the revocation decision, the issuing authority shall not re-issue the Vietnam - Cambodia Cross-border Transport Permit within 30 days from the date on which the transport operator returns all such permits in accordance with the revocation decision.

In cases where, by the above deadline, the transport operator fails to return the Vietnam - Cambodia Cross-border Transport Permit and all Vietnam - Cambodia Vehicle Cross-border Transport Permits, or returns an insufficient number thereof, in accordance with the revocation decision, the issuing authority shall not re-issue the Vietnam - Cambodia Cross-border Transport Permit within 45 days from the date on which the transport operator returns all such permits in accordance with the revocation decision. After the above time limit, if it wishes to continue engaging in transport business, the transport operator shall carry out procedures to be issued with the Vietnam - Cambodia Cross-border Transport Permit and Vietnam - Cambodia Vehicle Cross-border Transport Permits in accordance with this Decree.

Article 59. Issuance and re-issuance of Vietnam - Cambodia Vehicle Cross-Border Transport Permits

1. Beneficiaries: The Vietnam - Cambodia Vehicle Cross-Border Transport Permits shall be issued to vehicles of organizations, individuals, and transport operators that satisfy the conditions prescribed by the law regulations on Vietnam - Laos cross-border road transport.

2. A dossier of request for issuance or re-issuance of a permit to a commercial vehicle shall comprise of:

a) A written request for issuance or re-issuance of the permit, made using Form No. 04 provided in Appendix XII to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; a business cooperation agreement; or a finance lease agreement (in the case of finance lease).

3. A dossier of request for issuance or re-issuance of a permit fees to a non-commercial vehicle shall comprise of:

a) A written request for issuance or re-issuance of the permit, made using Form No. 05 provided in Appendix XII to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the vehicle is not owned by the organization or individual, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of the vehicle lease agreement shall be included;

c) A simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of the competent authority’s decision on assignment for a working visit if it is an official vehicle.

4. The Department for Roads of Vietnam shall issue permits for commercial vehicles.

5. Provincial-level Departments of Transport of provinces and centrally-run cities shall issue the vehicle cross-border transport permits to non-commercial vehicles of organizations and individuals located in their localities.

6. Provincial-level Departments of Transport in localities with land border gates adjacent to Cambodia shall issue vehicle cross-border transport permits to non-commercial vehicles of organizations and individuals located in other provinces of Vietnam that cross the border gates under their management.

7. Order and procedures

a) The organization or individual or transport operator shall submit 01 dossier to the competent issuing authority by one of the following methods: in person, online or by postal service. The competent issuing authority shall receive and check the dossier. In cases where the dossier is received in person at the issuing authority or via the postal service, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the competent issuing authority. In cases where any amendment or supplementation to the dossier is necessitated, the competent issuing authority shall notify the organization or individual or transport operator in person or in writing or via the online public service system within 01 working day from the date on which the dossier is received;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent issuing authority shall issue the permit made using Form No. 06 (if it is a commercial vehicle) and Form No. 07 (if it is a non-commercial vehicle) provided in Appendix XII to this Decree. In cases where a permit is not issued, the competent issuing authority must notify in writing or via the online public service system and clearly state the reasons;

c) Results shall be returned at the office of the competent issuing authority or via the postal service as prescribed.

8. When the Vietnam - Cambodia Vehicle Cross-border Transport Permit expires, or remains valid but has no remaining pages for confirmation stamps of regulatory authorities at the border-gates, the organization or individual or transport operator shall prepare a dossier of request for re-issuance thereof as prescribed in Clauses 2, 3 and 7 of this Article; when the Vietnam - Cambodia Vehicle Cross-border Transport Permit is damaged or lost, the organization or individual or transport operator shall prepare a dossier of request for re-issuance thereof as prescribed at Point a, Clause 2, Point a, Clause 3 and Clause 7 of this Article.

Article 60. Revocation of Vietnam - Cambodia Vehicle Cross-border Transport Permits

1. The issuing authority shall revoke the Vietnam - Cambodia Vehicle Cross-border Transport Permit upon any of the following violations:

a) Failure to comply with the permit when conducting cross-border transport operations between Vietnam and Cambodia;

b) Failure to conduct cross-border transport between Vietnam and Cambodia within 03 months from the date on which the vehicle cross-border transport permit is issued (applicable only to the Vietnam - Cambodia Vehicle Cross-border Transport Permit issued to a commercial vehicle);

c) Failure to carry out 03 or more cross-border transport trips by the vehicle between Vietnam and Cambodia (the outbound and return legs are counted as one trip) within 06 consecutive months (applicable only to the Vietnam - Cambodia Vehicle Cross-border Transport Permit issued to a commercial vehicle);

d) Revocation of the business license for transport using automobiles, the Vietnam - Cambodia Vehicle Cross-border Transport Permit or the sticker by the competent authority (applicable only to the Vietnam - Cambodia Vehicle Cross-border Transport Permit issued to a commercial vehicle);

dd) Expiration of the time limit for re-import of the vehicle into Vietnam as prescribed, unless in cases of natural disasters, accidents, or force majeure;

e) Submission of copies that are inconsistent with the originals or providing false information in the dossier of request for issuance of the Vietnam - Cambodia Vehicle Cross-border Transport Permit, or fraudulent acts to be issued with the Vietnam - Cambodia Vehicle Cross-border Transport Permit.

2. Order and procedures

a) The competent issuing authority shall issue a decision to revoke the Vietnam - Cambodia Vehicle Cross-border Transport Permit and send it to the transport operator, state regulatory authorities at the border gates, and relevant agencies; and, at the same time, publish the information on the web portal of the competent issuing authority;

b) When the authority that issued the Vietnam - Cambodia Vehicle Cross-Border Transport Permit then issues a decision to revoke it, within 10 days from the date of signing, the transport operator must return the permit to the issuing authority and suspend its cross-border transport business activities between Vietnam and Cambodia with respect to the automobile concerned.

In cases where the transport operator returns the Vietnam - Cambodia Vehicle Cross-Border Transport Permit in accordance with the revocation decision, the issuing authority shall not issue a new one or re-issued the Vietnam - Cambodia Vehicle Cross-Border Transport Permit within 30 days (60 days for a second violation within 06 consecutive months) from the date on which the permit is returned by the transport operator to the issuing authority. After 30 days (60 days for a second violation within 06 consecutive months) from the date on which the Vietnam - Cambodia Vehicle Cross-Border Transport Permit is returned, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures for issuance in accordance with this Decree.

In cases where the transport operator fails to return the permit by the above deadline, the issuing authority shall not issue a new one or re-issue the Vietnam - Cambodia Vehicle Cross-Border Transport Permit within 45 days (90 days for a second violation within 06 consecutive months) from the date on which the transport operator returns the Vietnam - Cambodia Vehicle Cross-Border Transport Permit in full in accordance with the revocation decision; after this period, if it wishes to continue engaging in transport business, the transport operator shall carry out the procedures to be issued with the Vietnam - Cambodia Vehicle Cross-Border Transport Permit in accordance with this Decree;

c) The issuance of a new one or re-issuance of the Vietnam - Cambodia Vehicle Cross-Border Transport Permit to the transport operator that has violated regulations and is subject to revocation of the Vietnam - Cambodia Vehicle Cross-Border Transport Permit shall not be processed if it fails to comply with the decision to revoke the Vietnam - Cambodia Vehicle Cross-Border Transport Permit. After the transport operator fully complies with the revocation decision, the issuing authority shall then process the request in accordance with this Decree. In cases where, after a decision to revoke the Vietnam - Cambodia Vehicle Cross-Border Transport Permit is issued, the transport operator reports in writing to the issuing authority that the permit is lost, the issuing authority shall not issue a new one or re-issued the Vietnam - Cambodia Vehicle Cross-Border Transport Permit within 60 days from the date on which the operator’s written report is received.

Article 61. Extension of vehicle operation period in Vietnam for Cambodian vehicles

1. Beneficiaries: A vehicle of Cambodia, of which the vehicle operation period in Vietnam as stated in the vehicle cross-border transport permit expires due to a force majeure event, shall have its vehicle operation period extended once for a maximum period of 10 days.

2. Competent extending authority: The provincial-level Department of Transport of a province or centrally-run city where the vehicle encounters a force majeure event.

3. A dossier shall comprise of:

a) A written request for extension of the vehicle operation period in Vietnam, made using Form No. 08 provided in Appendix XII to this Decree;

b) The Vietnam - Cambodia Vehicle Cross-border Transport Permit (the original).

4. Order and procedures

a) The organization or individual shall submit 01 dossier in person to the extending authority of the locality where the vehicle encounters the force majeure event;

b) Within 02 working days from the date on which a complete and valid dossier as prescribed is received, the competent authority shall extend the vehicle operation period for the vehicle of Cambodia. The competent authority shall extend the period in another written document or in the vehicle cross-border transport permit. In case of refusal to extend the period, the competent authority shall reply in writing and state the reason.

Article 62. Procedures for registration of, suspension from operation on a route, addition, replacement, and suspension of vehicles in operation on scheduled passenger transport routes between Vietnam and Cambodia

1. Registrants for operation on scheduled passenger transport routes between Vietnam and Cambodia

Transport operators that satisfy the conditions prescribed by the applicable regulations may register for operation on scheduled passenger transport routes between Vietnam and Cambodia.

2. A dossier of request for registration of operation on scheduled passenger transport routes between Vietnam and Cambodia

a) A written request for registration for operation using automobiles on scheduled passenger transport routes between Vietnam and Cambodia made using Form No. 09 provided in Appendix XII to this Decree;

b) The automobile registration certificate or an appointment slip for the automobile registration certificate issued by the competent authority (it may be a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register). In cases where the not owned by the transport operator, a simple copy, a certified true copy, an electronic copy certified from the original, or an electronic copy from the master register of one of the following documents must also be presented: a written vehicle lease agreement signed with an organization or individual; a service agreement between a member and a cooperative; or a business cooperation agreement;

c) A plan for operation using automobiles on scheduled passenger transport routes between Vietnam and Cambodia made using Form No. 10 provided in Appendix XII to this Decree.

3. The competent route management authority: The Department for Roads of Vietnam.

4. Order and procedures for registration of operation on scheduled passenger transport routes between Vietnam and Cambodia

a) The transport operator shall submit 01 dossier to the competent authority by one of the following methods: in person, online or by postal service. After receiving and checking the dossier, the receiving officer shall enter the information of the dossier, if it is satisfactory, into the online public service system of the Department for Roads of Vietnam. In cases where any amendment or supplementation to the dossier is necessitated, the competent authority shall notify the organization or individual that submits the dossier of the incomplete details or any required amendment in person or in writing or via the online public service system within 01 working days from the date on which the dossier is received;

b) Within 02 working days from the date on which a complete dossier as prescribed is received, the route-managing authority shall issue a written notice of operation on the Vietnam - Cambodia scheduled transport route using Form No. 11 provided in Appendix XII to this Decree. In cases where an approval is not made, the route-managing authority must notify in writing or via the online public service system and clearly state the reasons;

c) Results shall be returned at the office of the competent authority or via the postal service as prescribed.

5. The notice of operation on the route shall cease to be effective if the transport operator fails to place vehicles into operation within 60 days from its effective date.

6. A scheduled passenger transport route between Vietnam and Cambodia must originate and terminate (within the territory of Vietnam) from/at passenger terminals of Grade 01 through Grade 04, or Grade-05 terminals located in poor rural districts as prescribed by the Government.

7. Any automobile operating on a scheduled passenger transport route between Vietnam and Cambodia must be subject to a waybill. Waybills shall be issued for the outbound and return legs of a trip (for multi-day trips) or daily (in cases where multiple trips are made in a day). Waybills shall be printed by the transport operators themselves using Form No. 12 provided in Appendix XII to this Decree. Waybills must be sequentially numbered by year for management.

8. Addition or replacement of vehicles operating on scheduled passenger transport routes

a) A transport operator currently operating on the route may add or replace vehicles;

b) The dossier of registration for vehicle addition or replacement shall comply with Clause 2 of this Article. A written request for registration, made using Form No. 09 provided in Appendix XII to this Decree;

c) The order to implement the administrative procedures are prescribed in Clause 4 of this Article.

9. Suspension of operation on the routes/suspension of automobiles’ operation on the scheduled passenger transport route between Vietnam and Cambodia

a) A transport operator using automobiles operating on a scheduled passenger transport route between Vietnam and Cambodia that no longer wishes to operate on the route or wishes to suspend any vehicle must send a written notice made using Form No. 13 provided in Appendix XII to this Decree the competent authority and the terminal in Vietnam, and return the notice of operation on the route and the cross-border permits issued to the vehicles, of which the operation on the route will be suspended, to the Department for Roads of Vietnam.

The transport operator may only suspend operations after visibly displaying such notice at the terminal in Vietnam for at least 10 days;

b) No later than 02 working days from the date on which the request is received, the competent authority shall issue a notice of suspension of operation on the route/suspension of operation of the automobiles on the scheduled passenger transport route between Vietnam and Cambodia, made using Form No. 14 provided in Appendix XII to this Decree, and publicly announce it for other transport operators to register for operation.

10. Adjustment of vehicle operation frequency on the route

a) At least 10 days prior to adjusting the vehicle operation frequency on the route, the transport operator must send a written request made using Form No. 15 provided in Appendix XII to this Decree to the competent authority and the terminal in Vietnam;

b) No later than 02 working days from the date on which the written request, the competent authority shall issue a written notice of the adjustment of vehicle operation frequency on the route using Form No. 16 provided in Appendix XII to this Decree.

Article 63. Management and organization of the printing of National Distinguishing Signs and transport permits of all types

1. The Department for Roads of Vietnam shall manage and organize the printing of the National Distinguishing Signs and the transport permits of all types issued by the Department for Roads of Vietnam, using the forms prescribed in Appendices VII, VIII, IX, X, and XII to this Decree.

2. Provincial-level Departments of Transport shall:

a) Manage and organize the printing of the National Distinguishing Signs and the transport permits of all types issued by the provincial-level Departments of Transport, using the forms prescribed in Appendices IX, X, XI, and XII to this Decree;

b) Exchange and receive all types of transport permits with the Chinese side if they are provincial-level Departments of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 64. The Ministry of Transport shall:

1. Exercise unified state-level governance over transport operations using automobiles and four-wheeled motor-propelled vehicles in accordance with this Decree.

2. Publish the list of rest stops on national highways; develop software for management of scheduled passenger transport routes.

3. Organize the application of information technology in state-level governance of road transport business using automobiles; publish the information structure, devices, and the procedures for verifying the information of QR codes on stickers and transport business licenses; manage and provide guidance to transport aggregators as prescribed in Article 75 of this Decree.

4. Direct the following:

a) Inspection, examination, and handling of violations of regulations on transport business and conditions for transport business using automobiles as prescribed in this Decree and other relevant law regulations;

b) Coordination with competent authorities of ministries, sectors, and localities to exchange and provide information on transport operations for sectoral management purposes.

5. Coordinate with the Ministry of Planning and Investment and relevant ministries and sectors to ensure funding for building and maintaining the online public service system and data-processing systems serving the application of information technology in state-level governance of road transport business using automobiles.

6. Direct the development, deployment, and maintenance of information-technology equipment to serve state-level governance of road transport business nationwide using automobiles and four-wheeled motor-propelled vehicles.

Article 65. The Ministry of Public Security shall:

1. Inspect and handle violations within its competence in implementing the regulations on road transport business and conditions for transport business using automobiles as prescribed in this Decree.

2. Connect and share information from the data-management system of tachographs and driver image digital recorders; and data from devices used for imposing administrative penalties on organizations and individuals engaging in road transport business using automobiles, with the Ministry of Transport (the Department for Roads of Vietnam), the Ministry of Finance (the General Department of Taxation and the0 Department of Vietnam Customs), and provincial-level People’s Committees (the provincial-level Departments of Transport) for coordinated management.

Article 66. The Ministry of Culture, Sports and Tourism shall:

Coordinate with provincial-level People’s Committees to determine embarkation/disembarkation points for vehicles used for tourist non-scheduled transport.

Article 67. The Ministry of Science and Technology shall:

1. Assume the prime responsibility for organizing the verification of taximeters. Assume the prime responsibility for, and coordinate with other authorities in, inspecting, examining, and handling administrative violations committed by taximeter-verifying organizations and taximeter users in accordance with the law regulations.

2. Coordinate with the Ministry of Transport and the Ministry of Information and Communications to prescribe and provide guidance on the software for management of road transport business using automobiles and four-wheeled motor-propelled vehicles, and online public services.

Article 68. The Ministry of Information and Communications shall:

1. Coordinate with the Ministry of Transport to prescribe and provide guidance on the software for management of road transport business using automobiles and four-wheeled motor-propelled vehicles, and online public services.

2. Coordinate with the Ministry of Transport, the Ministry of Industry and Trade, and the Ministry of Public Security to manage and provide guidance to transport aggregators as prescribed in Article 75 of this Decree.

Article 69. The Ministry of Labor - Invalids and Social Affairs shall:

1. Coordinate with the Ministry of Transport to guide the implementation of the law regulations on labor, salaries, social security, working time and rest time for employees engaging in road transport business using automobiles.

2. Coordinate with the Ministry of Transport to guide the implementation of the law regulations on policies and benefits for persons with disabilities, the elderly, and other policy beneficiaries when using road transport services using automobiles.

Article 70. The Ministry of Finance shall:

1. Guide transport aggregators and transport operators in concluding electronic agreements for the provision of electronic information, ensuring strict management and full tax compliance.

2. Guide the inter-agency connection of data on electronic invoices, electronic transport agreements, and electronic tickets for passenger and goods transport using automobiles and four-wheeled motor-propelled vehicles, and share information with the Ministry of Transport for coordinated management.

3. Guide the Ministry of Transport and relevant ministries and sectors to balance and ensure recurrent funding from the state budget for investing in the construction, deployment, and maintenance of information technology equipment to serve the state-level governance of transport business operations using automobiles and four-wheeled motor-propelled vehicles.

4. Assume the prime responsibility for implementing customs procedures, inspection, and supervision for international road transport vehicles upon exit, entry, and transit through the territory of Vietnam, in accordance with law regulations on customs.

5. Deploy the upgrade of the National Single Window Portal to meet the management requirements of state regulatory authorities at border gates while also facilitating cross-border road transport operations.

Article 71. The Ministry of Industry and Trade shall:

1. Assume the prime responsibility for, and coordinate with relevant ministries and sectors in, state-level governance of e-commerce activities in the transport sector.

2. Inspect, examine, and handle violations concerning e-commerce activities in the road transport sector.

Article 72. The Ministry of Planning and Investment shall:

Assume the prime responsibility for, and coordinate with, the Ministry of Finance, the Ministry of Transport, and other relevant ministries and sectors in ensuring funding sources for investment in the construction of technological infrastructure to serve the application of information technology in the management of transport business operations using automobiles.

Article 73. Provincial-level People’s Committees shall:

1. Direct local competent authorities to:

a) Manage road transport operations using automobiles and using four-wheeled motor-propelled vehicles in accordance with this Decree and other relevant law regulations;

b) Develop plans for development and management of vehicles used for transport business to suit local travel demand and the current conditions of transport infrastructure. Determine the number of four-wheeled motor-propelled vehicles used for passenger transport business appropriate to the current conditions of transport infrastructure in their respective localities; 

c) Develop and publish: the list of intra-provincial and inter-provincial bus route networks; embarkation/disembarkation points for commercial transport vehicles to pick up/drop off passengers within the respective localities;

d) Manage the public passenger transport using buses in their respective localities; support policies of the State to encourage the development of public passenger transport using buses within the locality; organization of bidding and criteria for placing orders to operate bus routes in the announced list of route networks in accordance with the law regulations on bidding; placement of orders to operate inter-provincial bus routes and bus routes using open-top automobiles for tourist transport that are not subsidized by the state budget, within the announced list of route networks;

dd) Establish embarkation/disembarkation points for taxis and buses as prescribed in Clause 5, Article 5 and Clause 8, Article 6 of this Decree;

e) Organize and manage embarkation/disembarkation points for non-scheduled transport vehicles within inner-city and inner-town areas of urban centers;

g) Announce the locations of goods terminals within their respective localities;

h) Establish and manage public taxi stands within the respective localities;

i) Continue operating intra-provincial and inter-provincial scheduled passenger transport routes announced before the effective date of this Decree; based on the announced list of inter-provincial and intra-provincial scheduled passenger transport route networks, publish on their websites the detailed route lists containing: the departure terminal, the arrival terminal, itinerary; total number of trips and departure time of each trip for which an operator is already registered, number of trips for which no operator is registered, and interval between adjacent trips; and capacity of passenger terminals in the respective localities (hourly and daily capacity);

k) Ensure inter-agency connection between cross-border road-transport management software and the online public service portal of the Ministry of Transport;

l) Inspect, examine, and handle violations in implementing the regulations on road transport business and conditions for transport business using automobiles in accordance with this Decree and other relevant law regulations within their respective localities.

2. Coordinate with provincial-level People’s Committees of the localities that are traversed by bus routes to uniformly perform the tasks prescribed in Clause 3, Article 5 of this Decree. Obtain agreement from the Ministry of Transport before opening any bus route whose origin or destination lies within an airport area.

3. Based on local circumstances, determine and direct the installation of surveillance cameras at specified locations and along road segments to control the operation of vehicles used for passenger transport business within their respective localities.

Article 74. Transport operators engaging in transport business using automobiles or four-wheeled motor-driven vehicles shall:

1. Comply with the Law on Roads, the Law on Road Traffic Order and Safety, and this Decree regarding road transport operations.

2. When conducting business, register tax identification numbers with the tax offices of the localities where their head offices or branches are located; fulfill tax obligations as prescribed. Cooperative members engaging in road transport business using automobiles or four-wheeled motor-propelled vehicles must fulfill tax obligations as prescribed.

3. Transport operators engaging in transport business shall:

a) Sign employment agreements, pay insurance premiums, organize periodic health checks, and fully implement employees’ entitlements (including drivers and on-board attendants) in accordance with the law regulations on labor;

b) Ensure passengers’ rights in accordance with the law regulations;

c) Organize professional transport and traffic safety training for drivers; issue driver identification cards to their drivers as prescribed. Formulate programs by themselves and provide training depending on their business demand to on-board attendants (if any);

d) In cases where 02 or more transport operators cooperate to conduct business jointly, there must be a business cooperation agreement prescribing: which operator is directly responsible for dispatching vehicles and drivers to transport passengers or goods, the determination of transport fares, and other details as prescribed at Points a, b, and c of this Clause.

4. Apply science and technology, and use software to manage vehicles and drivers, retain records, electronic tickets, electronic transport agreements, electronic invoices, display information on vehicles, and receive and handle passengers’ feedback in accordance with the applicable law regulations.

5. Be subject to inspection and examination by competent authorities regarding their compliance with the regulations on transport business and conditions for transport business using automobiles and four-wheeled motor-propelled vehicles, and other relevant law regulations.

6. Report their transport business operations in accordance with the regulations on statistical reporting by the transport sector.

7. Comply with this Decree and be subject to inspection and examination during the implementation of this Decree and other relevant law regulations.

Article 75. Transport aggregator[3]

1. A transport aggregator (which does not directly dispatch vehicles/drivers; does not determine transport fares) must comply with the law regulations on e-transactions and other relevant law regulations, and must:

a) Record customers’ transport requests and forward such requests to transport operators participating in the transport aggregator’s application;

b) Act as an intermediary to confirm proper performance of the agreed details between the transport operator and the customer, including ensuring compliance with posted fares or the value of the signed agreement. The transport aggregator’s application must comply with Point c, Clause 4, Article 6 of this Decree if connecting transport operators engaging in passenger transport business using taxis, or Point a, Clause 2, Article 17 of this Decree if connecting transport operators engaging in non-scheduled passenger transport business;

c) Record customers’ reviews of drivers’ service quality and provide them to transport operators to adjust the transport services provided;

d) Ensure safety and confidentiality of data concerning passengers, transport operators, and drivers in accordance with the law regulations;

dd) Provide its services only to transport operators that have been issued with business licenses for transport using automobiles or using four-wheeled motor-propelled vehicles, and to vehicles that have been issued with stickers in compliance with the regulations on transport business and conditions for transport business applicable to each type of transport. Not provide its services to transport operators engaging in non-scheduled passenger transport business which use the application to confirm seat reservations for individual passengers, sell tickets, or collect fares from individual passengers in any form. The provision of its services to transport operators which use the application to sign electronic transport agreements must comply with Clauses 2 and 3, Article 7 of this Decree;

e) Retain the full history of transactions conducted on its application for inspection and examination purposes; with a minimum retention period of 02 years;

g) Provide the regulatory authorities, upon request, with the list of transport operators and their automobiles, four-wheeled motor-propelled vehicles, and drivers cooperating with the transport aggregator; or provide the accounts accessing to its application to the regulatory authorities upon request;

h) Provide transport operators with an interface and tools enabling them to directly dispatch vehicles and drivers, and to negotiate and determine fares with passengers and transport hirers on the application;

i) Ensure that its application only allows drivers to perform multiple operations to receive a trip only when the vehicle stops, or to press only one button to receive a trip when the vehicle is moving;

k) Publicize the process of settling customer complaints, and have a system for retaining customer complaints.

2. In cases where a transport aggregator performs at least one of the principal stages (directly dispatching vehicles/drivers or determining transport fares) of passenger or goods transport by road for profit, it must comply with the regulations on road transport business and conditions for transport business using automobiles of this Decree, the law regulations on e-transactions and other relevant law regulations, and must satisfy the requirements prescribed at Points c, d, e, i, and k, Clause 1 of this Article.

Chapter V

IMPLEMENTATION PROVISIONS

Article 76. Transitional provisions

1. Transport operators that were issued with transport business licenses before the effective date of this Decree but do not yet satisfy the requirements prescribed in Article 20 of this Decree must obtain re-issuance before January 01, 2026.

2. Foreign Direct Investment enterprises that hold business licenses (enterprise registration certificates) or investment certificates, which include road transport business, issued before the date on which Vietnam’s WTO Accession Commitments took effect may continue to engage in transport business operations under the business licenses issued before the effective date of this Decree.

3. Transitional provisions on issuance and use of stickers for automobiles engaging in transport business

a) Scheduled transport vehicles, buses, taxis, trucks, container trucks, trailer-towing vehicles, and non-scheduled transport vehicles that were issued with stickers before the effective date of this Decree are required to be issued with re-issuance until the stickers expire or the re-issuance is necessitated;

b) In cases where automobiles with a capacity of fewer than 09 seats (including the driving seat) were issued with “xe hợp đồng” (non-scheduled transport vehicle) stickers before the effective date of this Decree (using the fare app prescribed in Clause 4, Article 6 of this Decree), if they wish to operate as taxis, they must have their stickers re-issued as “taxi” stickers to conduct business in accordance with regulations.

4. Buses that have been in operation before the effective date of this Decree that do not conform to Point c, Clause 2, Article 5 of this Decree may continue being in operation until the end of their service life as prescribed by regulations.

5. Certificates of professional transport training for drivers engaging in transport business issued before the effective date of this Decree may be used until they expire or the re-issuance is necessitated.

6. The sign “XE Ô TÔ VẬN TẢI KHÁCH DU LỊCH” (“TOURIST CAR”) issued to vehicles of transport operators engaging in passenger transport business before the effective date of this Decree in accordance with the Government’s Decree No. 10/2020/ND-CP dated January 17, 2020 on road transport business and conditions for transport business, and the Government’s Decree No. 168/2017/ND-CP dated December 31, 2017 detailing a number of articles of the Law on Tourism, may be used until the expiry dates indicated on the signs or until the re-issuance is necessitated.

7. Transport operators that were issued with transport business licenses before the effective date of this Decree but have not satisfied the requirements prescribed Clause 1, Article 11 of this Decree may continue operating until December 31, 2025; and must comply with Clause 1, Article 11 from January 01, 2026.

8. Transport operators using open-top automobiles for the pilot program of tourist passenger transport services in urban areas, or using automobiles for the pilot program of passenger transport services between urban centers/tourist hubs and airports before the effective date of this Decree, shall operate as bus routes from January 01, 2025. The provincial-level Departments of Transport shall organize management of such bus routes and complete the issuance of the “XE BUÝT” (“BUS”) stickers to vehicles that have been used for such pilot programs (before January 01, 2025) by March 01, 2025.

9. Enterprises and business households using four-wheeled motor-propelled vehicles for the pilot programs before the effective date of this Decree may continue operating until June 30, 2025; and must comply with this Decree from July 01, 2025.

Article 77. Effect

1. This Decree takes effect on January 01, 2025.

2. This Decree annuls the following Decrees:

The Government’s Decree No. 10/2020/ND-CP dated January 17, 2020 providing by-automobile transport business and its conditions; the Government’s Decree No. 119/2021/ND-CP dated November 24, 2021 on the order and procedures for issuance, re-issuance, and revocation of cross-border road transport permits; the Government’s Decree No. 47/2022/ND-CP dated July 19, 2022 amending and supplementing a number of articles of the Government’s Decree No. 10/2020/ND-CP dated January 17, 2020 providing by-automobile transport business and its conditions; and Articles 2 and 3 of the Government’s Decree No. 41/2024/ND-CP dated April 16, 2024 amending and supplementing a number of articles of decrees regulating the management of by-automobile transport activities, driver training services and driving test services.

Article 78. Responsibilities for implementation

Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and relevant enterprises and individuals shall be responsible for implementing this Decree.