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

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Decree No. 47/2022/ND-CP dated July 19, 2022 of the Government 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
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Official number:47/2022/ND-CPSigner:Le Van Thanh
Type:DecreeExpiry date:Updating
Issuing date:19/07/2022Effect status:
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Fields:Commerce - Advertising , Transport

SUMMARY

Amend provisions on by-automobile transport business

This noticeable content is prescribed in 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.

According to new regulations, it is not allowed to use vehicles of under 10 seats (including the driver) renovated from vehicles with a capacity of 10 seats or more for passenger transport business. It is not allowed to use vehicles with sizes and designs similar to vehicles of 9 seats or more (including the driver) for by-taxi passenger transport business.

Noticeably, when the licensing agency issues a decision on revocation of the business license, the transport business unit shall, within 7 days from the effective date of the decision, return its business license, badges and signboards to the former and stop all transport business activities specified in the revocation decision immediately after it becomes effective.

From July 01, 2023, transport business units using automobiles used for transport business that are subject to camera installation requirement under this Decree must install itinerary monitoring devices integrated with a camera when participating in transport business activities for the first time in order to be granted with badges and signboards.

This Decree takes effect on September 1, 2022.

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Effect status: Known

THE GOVERNMENT
__________

No. 47/2022/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

_______________________

Hanoi, July 19, 2022

 

DECREE

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

__________

 

Pursuant to the Law on Organization of the Government dated June 19, 2015 and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Investment dated November 26, 2014; the 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 dated November 26, 2016;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree 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.

 

Article 1. 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 as follows:

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

“dd) Passenger transport business units, drivers, attendants on vehicles (if any) must require the consignors who do not accompany with their consignments to provide sufficient and accurate information about the name and weight (if any) of consignments, full name, address, identity card/citizen’s identity card number and phone of the consignors and recipients.”.

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

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

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

“d) A taxi must have a capacity of under 9 seats (including the driver) and have a lifetime not exceed 12 years (from the year of manufacture).”.

4. To add Clause 3 Article 13 as follows:

“3. It is not allowed to use vehicles of under 10 seats (including the driver) renovated from vehicles with a capacity of 10 seats or more for passenger transport business. It is not allowed to use vehicles with sizes and designs similar to vehicles of 9 seats or more (including the driver) for by-taxi passenger transport business.”.

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

“5. In case of re-grant of revoked business licenses, dossiers of request for re-grant of business licenses:”.

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

“b) Documents proving the remediation of violations prescribed at Point a, Point 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, within 7 days from the effective date of the decision, return its business license, badges and signboards to the former and stop all transport business activities specified in the revocation decision immediately after it becomes effective;”.

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

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

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

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

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

“a) To grant badges and signboards according to this Article and organize to affix them to 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’ itinerary tracking devices with the Ministry of Public Security (the Traffic Police Department) and the Ministry of Finance (the General Department of Taxation and the General Department of Customs) for coordinated management.”.

12. To add Clause 8 Article 34 as follows:

“8. From July 01, 2023, transport business units using automobiles used for transport business that are subject to camera installation requirement under this Decree must install itinerary monitoring devices integrated with a camera when participating in transport business activities for the first time in order to be granted with badges and signboards. An itinerary monitoring device integrated with a camera must fully satisfy requirements specified in this Decree.”.

Article 2. Effect

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

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

3. Vehicles of under 10 seats (including the driver) renovated from vehicles with a capacity of 10 seats or more that have been granted with badges and signboards before the effective date of this Decree shall continue to be used for passenger transport business activities until the end of their lifetime in accordance with this Decree.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall be responsible for the implementation of this Decree./.

 

 

ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER

THE DEPUTY MINISTER

 

 

 

Le Van Thanh

 

 

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