Decree 47/2022/ND-CP amending Decree 10/2020/ND-CP dated January 17, 2020, providing by-automobile transport business and its conditions

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 10/2020/ND-CP of January 17, 2020, providing by-automobile transport business and its conditions^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law 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 November 13, 2008 Law on Road Traffic;

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

At the proposal of the Minister of Transport;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 10/2020/ND-CP of January 17, 2020, providing by-automobile transport business and its conditions.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 10/2020/ND-CP of January 17, 2020, providing by-automobile transport business and its conditions, as follows:

1. To add Point dd to Clause 3, Article 11 as follows:

“dd/ A passenger transport business unit, driver or attendant on the automobile (if any) shall, when receiving goods on consignment (the goods consignor is not on board), request the goods consignor to provide sufficient and accurate information about the name and weight (if any) of the goods, and full names, addresses, people’s identity card/citizen identity card numbers and phone numbers of the consignor and consignee.”.

2. To amend and supplement Point b, Clause 3, Article 12 as follows:

“b/ Information from automobiles’ tachographs shall be used in the state management of transport activities and management of activities of transport business units and connected and shared with the Ministry of Public Security (the Department of Traffic Police) and the Ministry of Finance (the General Department of Taxation and General Department of Vietnam Customs) for performing the state management of traffic order and safety; security and order; taxation; and smuggling prevention and combat.”.

3. To amend Point d, Clause 1, Article 13 as follows:

“d/ A taxi must be that having less than 9 seats (including the driver’s) and a lifetime not exceeding 12 years (from the year of manufacture).”.

4. To add Clause 3 to Article 13 as follows:

“3. To refrain from using automobiles with less than 10 seats (including the driver’s) converted from those with 10 seats or more for passenger transport. To refrain from using automobiles with designs similar to those with 9 seats or more (including the driver’s) for by-taxi passenger transport business.”.

5. To amend and supplement the title of Clause 5, Article 18 as follows:

“5. In case of request for re-grant of a business license due to revocation, a dossier must comprise:”.

6. To amend and supplement Point b, Clause 5, Article 18 as follows:

“b/ Documents proving the remediation of violations specified at Points a and d, Clause 6, Article 19 of this Decree.”.

7. To amend and supplement Point d, Clause 7, Article 19 as follows:

“d/ When the licensing agency issues a decision on revocation of the business license, the transport business unit shall return its business license, badges and sign plates to the former within 7 days after the decision becomes effective, and stop all transport business activities under the decision immediately after its becomes effective;”.

8. To amend and supplement Clause 7, Article 22 as follows:

“7. Badges may be re-granted after they are revoked. Upon the expiration of the time limit for revocation, if wishing to continue using the vehicle for transport business, a transport business unit shall carry out procedures for re-grant of badges under regulations. Dossiers, order, procedures and competence for re-grant of badges must comply with Clauses 4 and 5 of this Article.”.

9. To amend and supplement Clause 8, Article 22 as follows:

“8. Dossiers, order, procedures and competence for grant or re-grant of sign plates of tourist passenger cars must comply with the Decree detailing a number of articles of the Law on Tourism.”.

10. To amend and supplement Point a, Clause 9, Article 22 as follows:

“a/ To grant badges and sign plates under this Article and organize the affixation of such badges and sign plates onto automobiles;”.

11. To amend and supplement Clause 9, Article 23 as follows:

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

12. To add Clause 8 to Article 34 as follows:

“8. From July 1, 2023, transport business units that use automobiles for transport business activities subject to installation of cameras in accordance with this Decree shall, when participating in transport business for the first time, install camera-fitted tachographs for their automobiles for being granted badges and sign plates. Automobiles’ camera-fitted tachographs must fully the satisfy conditions specified in this Decree.”.

Article 2. Implementation provisions

1. This Decree takes effect on September 1, 2022.

2. To annul Clauses 8 and 9, Article 19 of the Government’s Decree No. 10/2020/ND-CP of January 17, 2020, providing by-automobile transport business and its conditions.

3. Automobiles with less than 10 seats (including the driver’s) converted from those with 10 seats or more for which badges and sign plates are granted before the effective date of this Decree may continue being used for passenger transport business until the expiration of their lifetime under this Decree.

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE VAN THANH