Decree No. 86/2014/ND-CP dated September 10, 2014 of the Government On by-automobile transport business and its conditions

DECREE

On by-automobile transport business and its conditions[1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

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

Pursuant to the November 20, 2012 Law on Cooperatives;

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the June 14, 2005 Law on Tourism;

Pursuant to the November 29, 2005 Enterprise Law;

Pursuant to the November 23, 2009 Law on the Elderly;

Pursuant to the June 17, 2010 Law on Persons with Disabilities;

At the proposal of the Minister of Transport,

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the by-automobile transport business and its conditions and the grant of by-automobile transport business licenses.

Article 2. Subjects of application

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

Article 3. Interpretation of terms

The terms and phrases below are construed as follows:

1. By-automobile transport business means the use of automobiles to transport goods or passengers on roads for profit; and includes transport business with and without direct money collection.

2. Transport business with direct money collection means the by-automobile transport business in which a transport business unit provides transport services and collects freight directly from customers.

3. Transport business without direct money collection means the by-automobile transport business in which a transport business unit performs the transport stage and at least another stage in the process from production to consumption of products or services and collects freight through revenues from such products or services.

4. Transport business units include enterprises, cooperatives and business households involved in by-automobile transport business.

5. Fixed route means a passenger transport route approved and announced by a competent agency and is determined by itinerary, station of departure and station of destination (beginning point and end point for buses) in accordance with the approved route network master plan.

6. Internal people transport means a transport activity in which the unit uses automobiles of 9 seats or more to periodically transport their cadres, civil servants, public employees, workers or students from their living places to workplaces or learning places and vice versa.

7. Passenger transit transport means a transport activity organized by enterprises and cooperatives conducting the business of passenger transport along fixed routes to pick up passengers to stations, pick-up and drop-off places along the routes or vice versa.

8. Design load of an automobile means the maximum number of people and volume of goods that an automobile can carry as prescribed by the manufacturer.

9. Permitted load of an automobile means the maximum number of people and volume of goods that an automobile is permitted to carry, which must not exceed the design load of the vehicle when operating on roads, as prescribed by the Ministry of Transport.

10. Transport operator means the at-law representative of a transport business unit or the person assigned tasks in writing by the at-law representative of a transport business unit to take direct charge of transport business activities.

11. Passenger automobile station (passenger car station) means a road transport infrastructure facility providing passenger pickup and drop-off services and other services supporting passenger transport.

12. Goods automobile station (goods car station) is a road transport infrastructure facility providing goods loading and unloading services and other services supporting goods transport activities as prescribed.

13. Roadside station means a road transport infrastructure facility serving people and vehicles upon stop and rest in the course of joining road traffic.

Chapter II

PROVISIONS ON BY-AUTOMOBILE TRANSPORT BUSINESS

Article 4. By-automobile passenger transport along fixed routes

1. Enterprises and cooperatives possessing a by-automobile passenger transport business license may register to operate along routes under master plans approved by route management agencies.

2. Inter-provincial fixed passenger transport routes of 300 km or longer must start and end at passenger car stations from the first to fourth grade or of fifth grade in poor districts as prescribed by the Government.

3. Contents of route management include:

a/ Developing, publicizing and implementing the route network master plan;

b/ Developing and publicizing the service charts along routes and announcing routes to be put into operation, approving route operation and adjusting service frequency;

c/ Monitoring and summarizing transport activities of enterprises, cooperatives and car stations along routes, making statistics on passenger volume and forecasting travel needs of passengers along routes;

d/ Inspecting, examining and handling violations of regulations on management of transport business activities along routes under regulations.

4. Enterprises and cooperatives shall sign contracts with passenger car station business units and organize transport in accordance with the approved route operation plans, and may propose the increase or reduction in frequency and suspension of operation along routes under regulations.

5. Passenger car station business units shall provide transport support services for enterprises and cooperatives conducting the business of passenger transport along fixed routes; and check and certify the conditions for automobiles and drivers before station departure.

Article 5. By-bus passenger transport business

1. By-bus passenger transport business shall be carried out along fixed routes with service charts consistent with the planning of the by-bus passenger transport route network approved by competent agencies.

2. A bus route must not exceed the area of 2 adjacent provinces. In case the starting or ending point of a bus route is located within a special-grade urban center, its operation area must not exceed 3 provinces and cities.

3. A bus route must have stops for passenger pick-up or drop-off. The maximum distance between 2 adjacent bus stops is 700 m in inner-city areas and 3,000 m in suburban areas.

4. The maximum bus interval is 30 minutes for inner-city routes and 60 minutes for other routes; the minimum operating time of routes is not less than 12 hours a day. For bus routes with the starting or ending points located in an airport area, their operating time must match the operating time of the airport.

5. People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) shall consult related provincial-level People’s Committees before approving and announcing the route network master plans; build and manage infrastructure facilities for bus operation; announce bus routes and ticket fares (for buses with subsidized ticket fares) and the state preferential policies to encourage the development of passenger transport by bus in the localities; regulate and organize the placement of orders and bidding for operation of bus routes under the master plans.

6. Provincial-level People’s Committees shall consult the Ministry of Transport before approving and permitting the operation of bus routes with the starting or ending points located in airport areas.

Article 6. By-taxi passenger transport business

1. By-taxi passenger transport business has itinerary and schedule as required by passengers and fare calculated by the taximeter based on distance travelled and waiting time.

2. Taxis have a light box with the word “TAXI” fixed to the vehicle roof.

3. From July 1, 2016, taxis must have a bill-printing device connected with the taximeter in the vehicles; drivers shall print out bills and hand them to passengers.

4. Provincial-level People’s Committees shall develop master plans on development of passenger transport by taxi, manage activities of transport by taxi, and build and manage taxi stops in their localities.

Article 7. Passenger transport business under contract

1. Passenger transport business under contract means the transport business without fixed route and carried out under a written transport contract between the transport business unit and the transport hirer.

2. When carrying out the passenger transport under contract, the driver shall carry the original or copy of the transport contract and the list of passengers certified by the transport unit (excluding automobiles for funeral or wedding).

3. From July 1, 2015, for automobiles with a design load of 10 passengers or more, before performing the contract, a transport business unit shall inform the provincial-level Department of Transport that has granted the transport business license of basic information about the trip, including itinerary, number of passengers,  passenger pick-up and drop-off places and time of contract performance.

4. Except for serving emergency transport of traffic accident victims or urgent tasks such as natural disaster and enemy sabotage combat as required by functional forces, automobiles transporting passengers under contract may not pick up and drop off passengers at places other than those specified in the contract.

5. Sale of tickets or confirmation of seat reservation for passengers in any form is prohibited.

Article 8. By-automobile tourist transport business

1. Tourist transport business means the transport business without fixed route carried out under a tourism program and a written tourist transport contract between a transport business unit and a tourism or travel business unit.

2. When transporting tourists, drivers shall carry the tourist transport contract or travel contract (original or copy certified by the tourism business unit); the tourism program and list of passengers.

3. From July 1, 2015, for automobiles with a design load of 10 passengers or more, before performing the tourist transport contract or travel contract, a transport business unit shall inform the provincial-level Department of Transport that has granted the transport business license of basic information about the trip, including itinerary, number of passengers, places of passenger pick-up and drop-off, and time of contract performance.

4. Except for serving emergency transport of traffic accident victims or urgent tasks such as natural disaster and enemy sabotage combat as required by functional forces, the automobiles transporting tourists under contract may not pick up and drop off passengers at places other than those specified in the contract.

5. Sale of tickets or confirmation of seat reservation for passengers in any form is prohibited.

6. Tourist automobiles shall be arranged with priority places for tourist pick-up and drop-off or for tourism and sightseeing purposes at car stations, railway stations, airports, ports, tourism resorts, tourism sites and tourism accommodation establishments under regulations of provincial-level People’s Committees.

7. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism in, prescribing the by-automobile tourist transport and the grant, renewal or revocation of logos of tourist automobiles.

Article 9. By-automobile goods transport business

1. Goods transport by transport taxi means the use of automobiles with a load of no more than 1,500 kg to transport goods for which the transport hirer shall pay the driver based on the taximeter on the vehicle. The two sides or doors of an automobile shall be painted with the words “TRANSPORT TAXI,” contact phone number and name of business unit.

2. Overweight or overlength goods transport business:

a/ Overweight or overlength goods transport business means the use of appropriate automobiles to transport types of goods of which each bale has a size or weight exceeding the prescribed limit but cannot be knocked down;

b/ When transporting overweight or overlength goods, the driver shall carry a circulation permit granted by a competent agency

3. Dangerous goods transport business is the use of automobiles to transport goods containing dangerous substances which can cause harms to people’s life and health, environment, safety or national security during transport. The dangerous goods transport business must have a dangerous goods transport license granted by a competent agency.

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

5. Normal goods transport business means the form of goods transport business other than the forms specified in Clauses 1, 2, 3 and 4 of this Article.

6. Goods transport business units shall take responsibility for loading goods onto automobiles under regulations of the Ministry of Transport.

7. Provincial-level People’s Committees shall develop and publicize master plans on stations for goods transporting automobiles and goods delivery and receipt places in their localities.

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

1. Compensation for damaged, lost or deficient goods shall be made under the transport contract or agreement between the goods transport businessperson and the transport hirer.

2. In case the transport contract does not regulate the compensation for damaged, lost or deficient goods due to the fault of the goods transport businessperson and both parties cannot reach an agreement on the compensation, the goods transport businessperson shall compensate the transport hirer at the rate of VND 70,000 (seventy thousand dong) per kg of damaged goods, unless otherwise ruled by the court or arbitrator.

Article 11. Provisions applicable to drivers, transport operators and automobiles used for transport business

1. Drivers of automobiles used for transport business must meet the following requirements:

a/ Having their social and health insurance premiums paid by the transport business unit under regulations;

b/ Having received periodic health checks and possesses health certificates under regulations of the Ministry of Health;

c/ Having been trained in operational skills and law on transport activities under regulations of the Ministry of Transport.

2. Transport operators of enterprises or cooperatives must meet the following requirements:

a/ Not concurrently working for another agency or unit;

b/ Not working as a driver or an attendant on automobiles of their unit.

c/ Having been trained under regulations of the Ministry of Transport.

3. Automobiles used for transport business must meet the following requirements:

a/ Automobiles used for passenger transport business along fixed routes, taxis, buses, automobiles transporting passengers under contract, automobiles carrying containers, trailer or semi-trailer tractors or automobiles transporting goods shall be attached with a logo; automobiles for tourist transport business shall be attached with a sign plate under regulations of the Ministry of Transport;

b/ Automobiles shall be maintained and repaired and have a logbook to record their operation process under regulations of the Ministry of Transport;

c/ Adequate information shall be posted on the automobiles under regulations of the Ministry of Transport;

d/ Provincial-level People’s Committees shall specify the paint colors of taxis operating in their localities.

4. For types of automobile that have not been attached with a logo before the effective date of this Decree, the attachment of logo must comply with the following roadmap:

a/ Before July 1, 2015, for buses and trailer and semi-trailer trucks for transport business;

b/ Before January 1, 2016, for automobiles used for goods transport business with a design load of 10 tons or more;

c/ Before July 1, 2016, for automobiles used for goods transport business with a design load of between 7 tons and under 10 tons;

d/ Before January 1, 2017, for automobiles used for goods transport business with a design load of between 3.5 tons and under 7 tons;

dd/ Before July 1, 2018, for automobiles used for goods transport business with a design load of under 3.5 tons.

Article 12. Provisions on development of and compliance with processes to ensure traffic safety in by-automobile transport business

1. By-automobile transport business units and passenger and goods car stations shall develop and comply with processes to ensure traffic safety suitable to their business types according to the following roadmap:

a/ Units that conduct the business of passenger transport along fixed routes, by bus, by taxi; transport containerized goods; or operate passenger car stations: From July 1, 2015;

b/ Units that conduct the business of passenger or tourist transport under contract or goods transport by trailer or semi-trailer truck or automobile with a design load of 10 tons or more; or goods transport stations: From July 1, 2016;

c/ Units that conduct the business of goods transport by automobile with a design load of between 7 tons and under 10 tons: From January 1, 2017;

d/ Units that conduct the business of goods transport by automobile with a design load of under 7 tons: From July 1, 2019.

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

a/ For transport business units: Procedures for checking the traffic safety conditions of automobiles and drivers before implementing the transport business itinerary; regulations on maintenance and repair of automobiles used for transport business, work organization for drivers of transport business, regulations on inspection and monitoring of the operation of automobiles and drivers during the transport business itinerary, handling plan upon occurrence of traffic accidents during the transport business; regulations on traffic safety reporting by drivers and transport operators;

b/ For units conducting the business of passenger and goods car stations: Procedures for checking the traffic safety conditions of automobiles, drivers, goods and luggage of passengers before leaving the stations; regulations on inspection and monitoring of the operation of automobiles and drivers in the areas of stations and regulations on traffic safety reporting.

3. The Ministry of Transport shall prescribe in detail the development and implementation of processes to ensure traffic safety in by-automobile transport business and a roadmap to apply processes to ensure traffic safety for car stations.

Chapter III

CONDITIONS ON BY-AUTOMOBILE TRANSPORT BUSINESS

Article 13. General conditions on by-automobile transport business

A transport business unit must fully meet all the following conditions:

1. Having registered by-automobile transport business in accordance with law.

2. Ensuring the number and quality of vehicles suitable to business forms, specifically:

a/ There must be a sufficient number of vehicles when carrying out transport business activities under the approved business plan; the vehicles must belong to the transport business unit or its lawful use right under a contract between the transport business unit and a financial leasing institution or an organization or individual licensed to lease property under law.

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

b/ Automobiles must ensure technical safety and environmental protection;

c/ Automobiles must be installed an itinerary monitoring device under Article 14 of this Decree.

3. Drivers and attendants on automobiles:

a/ Drivers must not be banned from practice by law;

b/ Drivers and attendants must have written labor contracts with the transport business unit made according to the form issued by the Ministry of Labor, War Invalids and Social Affairs (except in case they are owners of business households or parents, spouses or children of owners of business households);

c/ Attendants shall be trained in professional skills and the law on transport activities under regulations of the Ministry of Transport. Attendants on tourist automobiles shall also be trained in tourism skills in accordance with regulations on tourism.

4. A transport operator must have an intermediate or higher professional qualification in transport or a college or higher professional qualification in another economic or technical discipline and continuous work time of at least 3 years at the transport unit.

5. Parking place: The transport business unit must have parking places in accordance with the business plan and ensure the requirements on traffic safety, fire and explosion prevention and fighting and environmental sanitation as prescribed by law.

6. Organization and management:

a/ Transport business units having vehicles subject to installation of itinerary monitoring devices shall equip themselves with computers and internet connection lines and shall monitor and process information received from such devices.

b/ Transport business units shall arrange sufficient drivers under the business plan, take responsibility for the drivers’ health checkup and employ healthy drivers under regulations. For automobiles used for passenger transport business with a design load of 30 or more seats (including seats, standing place and beds), there must be attendants on the automobiles (except automobiles contracted to transport employees, workers and students and buses with equipment substituting attendants).

c/ Enterprises and cooperatives conducting the business of passenger transport along fixed routes, by bus or taxi or of containerized goods transport must have a division to manage and monitor the traffic safety conditions;

d/ Enterprises and cooperatives conducting the business of passenger transport along fixed routes by automobile, bus or taxi shall register and comply with the quality standards of passenger transport services.

Article 14. Itinerary monitoring devices

1. Automobiles used for passenger transport business or containerized goods transport business, trailer or semi-trailer trucks used for transport business and automobiles used for goods transport business shall be installed itinerary monitoring devices which must ensure good technical conditions and continuous operation when the vehicles join traffic.

2. Itinerary monitoring devices must ensure at least the following requirements:

a/ Storing and transmitting information under regulations of the Ministry of Transport;

b/ Information from the itinerary monitoring devices can be used in state management of transport activities and management of activities of transport business units and provided to the police or inspectors upon request.

3. For types of automobiles not yet installed any itinerary monitoring devices before the effective date of this Decree, these devices shall be installed thereon according to the following roadmap:

a/ Before July 1, 2015, for taxis and trailer or semi-trailer trucks used for transport business;

b/ Before January 1, 2016, for automobiles used for goods transport business with a design load of 10 or more tons;

c/ Before July 1, 2016, for automobiles used for goods transport business with a design load of between 7 tons and under 10 tons;

d/ Before January 1, 2017, for automobiles used for goods transport business with a design load of between 3.5 tons and under 7 tons;

dd/ Before July 1, 2018, for automobiles used for goods transport business with a design load of under 3.5 tons;

Article 15. Conditions for passenger transport business along fixed route

1. Enterprises and cooperatives must fully meet the conditions specified in Article 13 of this Decree.

2. Automobiles used for passenger transport business must have priority seats for persons with disabilities, elderly and pregnant women according to the following roadmap:

a/ Automobiles registered for the first time for transport business: From January 1, 2016;

b/ Automobiles in operation: From July 1, 2017.

3. Automobiles permitted to transport 10 or more passengers must have a life time as follows:

a/ Operating on a distance of more than 300 km: not exceeding 15 years for automobiles manufactured to transport passengers. From January 1, 2016, automobiles with converted use purpose shall not be used;

b/ Operating on a distance of up to 300 km: not exceeding 20 years for automobiles manufactured to transport passengers and 17 years for automobiles converted before January 1, 2002, from other vehicles to passenger automobiles.

4. From July 1, 2016, enterprises and cooperatives conducting the business of passenger transport along fixed routes of 300 km or longer must have the minimum number of vehicles as follows:

a/ For units whose head offices are located in centrally run cities: 20;

b/ For units whose head offices are located in remaining localities: 10; for units whose head offices are located in poor districts as prescribed by the Government: 5.

Article 16. Conditions for conducting the business of passenger transport by bus

1. Enterprises and cooperatives must fully meet the conditions specified in Article 13 and Clause 2, Article 15 of this Decree.

2. A bus must have a capacity of at least 17 passengers. The layout and number of seats and standing place for passengers and other technical regulations for buses must comply with technical regulations issued by the Ministry of Transport. For the business of passenger transport by bus along fixed routes with a compulsory itinerary of crossing bridges with a tonnage allowed for traffic of 5 tons at most or with 50% of the itinerary moving on roads of IV or lower grade (or urban roads with a cross-section of 7 meters or less), automobiles with a design load of between 12 and fewer than 17 passengers may be used.

3. Buses must have a life time as prescribed at Point b, Clause 3, Article 15 of this Decree and a typical paint color to be registered with the route management agency, except in localities where the provincial-level People’s Committees prescribe specific paint colors for buses operating in their localities.

4. From July 1, 2016, enterprises and cooperatives conducting the business of passenger transport by bus must have the minimum number of vehicles as follows:

a/ For units whose head offices are located in centrally run cities: 20;

b/ For units whose head offices are located in remaining localities: 10; for units whose head offices are located in poor districts as prescribed by the Government: 5.

Article 17. Conditions for conducting the business of passenger transport by taxi

1. Enterprises and cooperatives must meet the conditions specified in Article 13 (except Point c, Clause 3, Article 13) of this Decree.

2. Taxis must have a capacity of 9 seats or less (driver’s included).

3. Taxis with a life time not exceeding 8 years in urban centers of special grade and 12 years in other localities.

4. On taxis, there must a taximeter which has been tested and lead-sealed by a competent agencies.

5. Enterprises and cooperatives conducting the business of passenger transport by taxi shall register and paint their logos which are not identical with the previously registered ones of the taxi transport business units and transaction telephone numbers for their taxis.

6. Enterprises and cooperatives conducting the business of passenger transport by taxi must have operating centers and maintain the operation of such centers with drivers, register their contact frequencies and have devices for communication between their centers and their taxis.

7. From January 1, 2016, enterprises and cooperatives conducting the business of passenger transport by taxi must have at least 10 taxis and particularly 50 taxis for special-grade urban centers.

Article 18. Conditions for conducting the business of passenger transport under contract or tourist transport by automobile

1. Transport business units must meet the conditions specified in Article 13 of this Decree.

2. Automobiles used for tourist transport business have their life time not exceeding 15 years; automobiles with converted use purpose must not be used for tourist transport.

3. Automobiles used for passenger transport under contract have their life time specified at Points a and b, Clause 3, Article 15 of this Decree.

4. From January 1, 2017, units conducting the passenger transport business under contract and units conducting tourist transport on itineraries with a distance of 300 km or longer must have the minimum number of automobiles as follows:

a/ For units whose head offices are located in centrally run cities: 10;

b/ For units whose head offices are located in remaining localities: 5; for units whose head offices are located in poor districts as prescribed by the Government: 3.

5. In addition to the conditions specified in this Decree,  units that conduct the business of tourist transport by automobile shall comply with relevant regulations on tourism.

Article 19. Conditions for conducting the goods transport business

1. Goods transport business units must meet the conditions specified in Article 13 of this Decree.

2. From July 1, 2017, enterprises and cooperatives conducting the business of containerized goods transport and units conducting the business of goods transport using trailer or semi-trailer trucks or automobiles to transport goods on itineraries with a distance of 300 km or longer must have the minimum number of automobiles as follows:

a/ For units whose head offices are located in centrally run cities: 10;

b/ For units whose head offices are located in remaining localities: 5; for units whose head offices are located in poor districts as prescribed by the Government: 3.

Chapter IV

LICENSING OF BY-AUTOMOBILE TRANSPORT BUSINESS

Article 20. Licensing of by-automobile transport business

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

2. For types of transport business that have not been licensed before the effective date of this Decree, the licensing must comply with the following roadmap:

a/ Before July 1, 2015, for trailer or semi-trailer trucks used for transport business (except automobiles used for containerized goods transport business);

b/ Before January 1, 2016, for automobiles used for goods transport business with a design load of 10 tons or more;

c/ Before July 1, 2016, for automobiles used for goods transport business with a design load of between 7 tons and under 10 tons;

d/ Before July 1, 2017, for automobiles used for goods transport business with a design load of between 3.5 tons and under 7 tons;

dd/ Before July 1, 2018, for automobiles used for goods transport business with a design load of under 3.5 tons.

3. The contents of a business license include:

a/ Name and address of business unit;

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

c/ Lawful representative;

d/ Types of business;

dd/ Validity duration of the business license;

e/ Licensing agency.

4. A business license is valid for 7 years and may be re-granted in case it is lost, damaged, there is a change related to its content, or it expires. In case of re-grant due to a change in the content of a business license, the validity duration of the new business license must not exceed that of the previously granted one.

5. A unit that is granted a business license shall be evaluated periodically in its satisfaction of the conditions for transport business by automobile under regulations of the Ministry of Transportation.

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

7. The Ministry of Transport shall specify the form of business license.

Article 21. Dossiers of application for, or request for the re-grant of, business licenses

1. A dossier of application for a business licenses must comprise:

a/ An application for a business license, made according to a form set by the Ministry of Transport;

b/ A certified copy (or a copy enclosed with the original for comparison) of the business registration certificate;

c/ A certified copy (or a copy enclosed with the original for comparison) of the diploma or certificate of the person directly operating the transport;

d/ The by-automobile transport business plan as prescribed by the Ministry of Transport;

dd/ The establishment decision and regulations on functions and tasks of the division in charge of management and monitoring of traffic safety conditions (for enterprises and cooperatives conducting the business of passenger transport along fixed routes, passenger transport by bus or taxi and containerized goods transport);

e/ Registration of quality of transport services (for enterprises and cooperatives conducting the business of passenger transport along fixed routes or passenger transport by bus or taxi).

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

a/ A written request for re-grant of a business license, stating the reason for the re-grant, made according to a form set by the Ministry of Transport;

b/ The previously granted business license;

c/ Documents proving the change in the content of the business license specified in Clause 3, Article 20 of this Decree (the documents on any changed contents shall be supplemented).

3. A dossier of request for re-grant of a business license due to its expiration must comprise:

a/ A written request for re-grant of a business license made according to the form set by the Ministry of Transport;

b/ The previously granted business license;

c/ The by-automobile transport business plan as prescribed by the Ministry of Transport;

4. A dossier of request for re-grant of a business license due to loss or damage must comprise:

a/ The written request for re-grant of a business license, made according to the form set by the Ministry of Health;

b/ The damaged business license (in case of damage) or a written certification of the police of the ward or commune where the transport business unit reported the loss of its business license.

Article 22. Procedures for grant and re-grant of business licenses

1. Procedures for grant of a business license:

a/ The transport business unit shall send by post or submit directly 1 dossier of application for a business license to the licensing agency.

In case the dossier needs modification or supplementation, within 3 working days after receiving the dossier, the licensing agency shall inform directly or in writing the contents to be modified or supplemented to the transport business unit;

b/ Within 5 working days, after receiving a complete dossier as prescribed, the licensing agency shall appraise it and grant a business license and concurrently approve the attached business plan. In case of refusal to grant a business license, the licensing agency shall reply in writing stating the reason.

c/ The receipt of dossiers and return of results may be effected at the head office of the licensing agency or by post.

2. The procedures for re-grant of a business licenses in case of damage, change in content or expiration are the same as for the first-time grant.

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

a/ The transport business unit shall send by post or submit directly 1 dossier of request for re-grant of a business license to the licensing agency.

In case the dossier needs modification or supplementation, within 3 working days after receiving the dossier, the licensing agency shall inform directly or in writing the contents to be modified or supplemented to the transport business unit;

b/ Within 30 working days after receiving a complete dossier as prescribed, the licensing agency shall check and verify it and re-grant the business license. In case of refusal to re-grant the business license, the licensing agency shall reply in writing stating the reason.

c/ The receipt of dossiers and return of results may be effected at the head office of the licensing agency or by post.

Article 23. Revocation of business licenses

1. A transportation business unit may have its business license revoked indefinitely when it commits any of the following violations:

a/ Deliberately providing false information in the dossier of application for business license;

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

c/ Carrying out types of transport business in contravention of its business license;

d/ Having had its business license revoked definitely but upon the expiration of the revocation of the business license, still failing to remedy the violation being the cause of revocation;

dd/ Having had its business license revoked definitely for 2 times within a year or for 3 times during the license’s validity time;

e/ Falling bankrupt and being dissolved;

g/ Within 1 year, having over 50% of operating automobiles of which the drivers have committed violations of law and caused serious accidents;

h/ Within 3 years, relapsing into violations of regulations on by-automobile transport business or of the conditions for by-automobile transport business and caused traffic accidents resulting in particularly serious consequences.

2. A transport business unit may have its business license revoked between 1 month and 3 months when it commits any of the following violations:

a/ Within 3 consecutive months of operation, having over 20% of vehicles whose transport business signs and logos have been revoked;

b/ Having over 20% of automobiles used for transport business handled by competent authorities for overloading violations or over 20% of automobiles used for business transport handled for violations related to technical conditions;

c/ Having over 10% of drivers of its automobiles used for business transport committing violations resulting in definite deprivation of driver licenses by competent authorities;

d/ Having over 10% of operating automobiles of which the drivers have committed violations of law and caused serious or more serious accidents;

dd/ Committing violations of regulations on by-automobile transport business or conditions for by-automobile transport business and causing traffic accidents resulting in particularly serious consequences.

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

a/ Issuing a decision on revocation of business license;

b/ Making a report to the Vietnam Road Administration and provincial-level People’s Committee and announcing the decision on revocation of business license to related agencies for coordinated implementation;

c/ When the licensing agency issues a decision on revocation of business license, the business unit shall return its business license, sign and logo to the licensing agency and stop all transport business activities under the revoked license right after the decision becomes effective.

Chapter V

RESPONSIBILITIES FOR ORGANIZATION OF IMPLEMENTATION

Article 24. The Ministry of Transport

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

2. To define responsibilities and handle violations in the organization and management of by-automobile transport business activities and road transport support services.

3. To prescribe in detail the management and issue of logos for automobiles transiting and transporting passengers internally; roadmap and transport business units without direct money collection which are required to obtain business licenses.

4. To develop, approve and publicize master plans on inter-provincial fixed passenger transport route network and systems of roadside stations along national highways.

5. To apply information technology in the management of by-automobile transport business activities.

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

Article 25. The Ministry of Public Security

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

Article 26. The Ministry of Culture, Sports and Tourism

To coordinate with the Ministry of Transport in prescribing the tourist transport by automobile and grant, renewal and revocation of logos for tourist transporting automobiles.

Article 27. The Ministry of Science and Technology

1. To coordinate with the Ministry of Transport in prescribing the technical specifications of itinerary monitoring devices on automobiles.

2. To organize the testing of fare meters on taxis.

Article 28. The Ministry of Information and Communications

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

Article 29. The Ministry of Health

1. To issue regulations on standards, periodic health examination and health establishments to examine the health of drivers of automobiles used for transport business.

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

Article 30. The Ministry of Labor, War Invalids and Social Affairs

1. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, implementing regulations on labor contract, social insurance, health insurance and other benefits of employees in by-automobile transport business activities.

2. To coordinate with the Ministry of Transport in implementing regulations on benefits and policies applicable to people with disabilities and the elderly and policy beneficiaries when using by-automobile transport services.

Article 31. The National Committee of Traffic Safety

1. To inspect and urge the ministries, sectors and localities in implementing regulations on ensuring traffic order and safety in by-automobile transport business under this Decree.

2. To develop plans for public information, dissemination and guidance on implementation of regulations on ensuring traffic order and safety in by-automobile transport business under this Decree for implementation by ministries, sectors and localities.

Article 32. Provincial-level People’s Committees

1. To direct local functional agencies to manage by-automobile transport business under this Decree and other laws.

2. To provide guidance on the collection and use of fees for the grant of business licenses and other charges and fees related to the road transport and supporting services under the guidance of the Ministry of Finance.

3. To inspect and examine the implementation of regulations on by-automobile transport business and its conditions under this Decree and other relevant laws in their localities.

Article 33. Vietnam Automobile Transportation Association

1. To coordinate with the Ministry of Transport in developing  regulations on training programs for transport operators, drivers and attendants on automobiles.

2. To participate in providing professional training for transport operators, drivers and attendants on automobiles.

Article 34. Provisions on inspection of business conditions of transport business units

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

2. Form of inspection:

a/ Periodic inspection;

b/ Irregular inspection upon occurrence of particularly serious traffic accidents, receipt of complaints, denunciations or information or detection of signs about non-compliance with regulations on transport business and its conditions.

3. The Minister of Transport and chairpersons of provincial-level People’s Committees shall direct functional agencies to inspect the satisfaction of the business conditions by transport business units.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 35. Effect

This Decree takes effect on December 1, 2014, and supersedes the Government’s Decree No. 91/2009/ND-CP of October 21, 2009, on the transport business by automobile and its conditions and Decree No. 93/2012/ND-CP of November 8, 2012, amending and supplementing a number of articles of Decree No. 91/2009/ND-CP of October 21, 2009, on by-automobile transport business and its conditions.

Article 36. Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG