Circular No. 03/2002/TT-BGTVT guiding the use of non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles for passenger and cargo transportation.

CIRCULAR

Guidelines for the use of non-motorized vehicles, motorcycles,

two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles to transport passengers and goods,

Pursuant to Article 67 of the Road Traffic Law No. 26/2001/QH10 dated June 29, 2001;

The Ministry of Transport issues guidelines for the use of non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles to transport passengers and goods to ensure traffic order and safety as follows:

I - General Provisions

1 - Scope and Content of Application

This Circular provides general principles for provincial People's Committees (hereinafter referred to as Provincial People's Committee) to specifically regulate passenger and cargo transportation activities using non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles (hereinafter referred to as means of transport) within their localities.

2 - Definitions of Terms in this Circular

a - Non-motorized vehicle refers to vehicles that do not move by engine power such as bicycles, rickshaws, animal-drawn carriages;

b - Motorcycle refers to a motorized vehicle with two wheels that moves by engine power and can be pedaled when the engine is turned off;

c - Two-wheeled motorbike refers to a motorized vehicle with two wheels, moving by engine power, with a cylinder capacity of 50 cm³³ or more and a total weight of the vehicle not exceeding 400 kilograms;

d - Three-wheeled motorbike refers to a motorized vehicle with three wheels, moving by engine power, with a cylinder capacity of 50 cm³³ or more and a carrying capacity from 350 kilograms to 500 kilograms;

e - Similar types of vehicles refer to vehicles with structures, functions, and purposes similar to those mentioned above;

3 - Types of Means of Transport

Provincial People's Committees shall base on the specific conditions of their locality to specify the types of non-motorized vehicles and motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles allowed to transport passengers and goods within their localities.

II - Passenger and Cargo Transportation Activities

1 - Vehicle Operators

1.1 - Must have a permanent residence registration or a temporary residence certificate.

1.2 - Must be in good health and undergo regular medical examinations as prescribed by the Ministry of Health.

1.3 - Must meet the age requirement for driving as stipulated currently.

1.4 - Must hold a driver's license or have knowledge of road traffic rules as stipulated currently.

1.5 - Must wear identification marks or uniforms to distinguish themselves from other traffic participants and be regulated by the Provincial People's Committee.

1.6 - For motorcycles, two-wheeled motorbikes, and three-wheeled motorbikes, they must provide helmets for themselves and passengers according to the designated routes requiring helmet use.

2 - Transport Vehicles

2.1 - Motorized vehicles must comply with technical standards according to design and road traffic safety conditions.

2.2 - Non-motorized vehicles must conform to specified dimensions, specifications, models, materials, and structures as designed, including:

2.2.1 - Having effective braking systems;

2.2.2 - Having steering handles with sufficient durability to ensure accurate control;

2.2.3 - Registering and obtaining number plates in accordance with Article 51 of the Road Traffic Law;

3 - Operating Range

a - Mainly operating within the province, city, district, and county. The Provincial People's Committee shall specifically define the range and routes for each type of vehicle to ensure traffic safety and order.

b - When operating across provinces, they must comply with the regulations of the respective province.

4 - Daily Operating Time

To reduce traffic congestion during peak hours and ensure traffic order and safety, the Provincial People's Committee shall specifically define the operating time for each type of vehicle.

5 - Passenger Pickup and Drop-off Points, Parking Areas

The Provincial People's Committee shall designate pickup and drop-off points for passengers and goods and parking areas to ensure traffic order and safety within their localities.

III - Organizational Operations

1- Sports talent schools and classes are established in the following forms:

Based on the scale and operational area of each type of vehicle and the management requirements of each locality, the Provincial People's Committee shall establish organizational forms to gather individuals involved in passenger and cargo transportation business such as cooperatives, groups, teams, or trade unions under self-management.

2 - Management Authority

The Department of Transport and Public Works has the responsibility to advise the Provincial People's Committee on the management and use of non-motorized vehicles,

motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles engaged in passenger and cargo transportation within the province.

IV - Implementation Organization

1 - Based on this Circular and related legal documents, the Provincial People's Committee shall implement to ensure road traffic order and safety and urban traffic order within their province.

2 - This Circular takes effect 15 days from the date of signature. Decree No. 1832/1999/QĐ-BGTVT dated July 26, 2000 issued by the Minister of Transport regarding the organization and management of public passenger transportation by motorcycle is hereby abolished.

3 - Any difficulties encountered during implementation should be promptly reported to the Ministry of Transport for research and resolution.