Joint Circular No. 05/2011/TTLT-BVHTTDL-BGTVT on the transportation of tourists by motor vehicles and the issuance of license plates for motor vehicles transporting tourists

JOINT CIRCULAR

Regulations on transporting tourists by automobile and issuing license plates for tourist transportation automobiles

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Pursuant to the Tourism Law No. 44/2005/QH11 dated June 14, 2005; Government Decree No. 92/2007/NĐ-CP dated June 1, 2007 detailing the implementation of certain provisions of the Tourism Law;

Pursuant to the Road Traffic Law No. 23/2008/QH12 dated November 13, 2008; Government Decree No. 91/2009/NĐ-CP dated October 21, 2009 on business operations and conditions for operating passenger transport by automobile;

Article 1. Other types of artistic performances

Pursuant to Government Decree No. 51/2008/NĐ-CP dated April 22, 2008 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport,

The Ministry of Culture, Sports and Tourism and the Ministry of Transport hereby provide regulations on the operation of transporting tourists by automobile and issuing license plates for tourist transportation automobiles as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. Scope of Regulation

This Circular jointly issued provides for the operation of transporting tourists by automobile and issuing license plates "tourist transportation automobile" within the territory of Vietnam.

Article 2. Applicability

1. State management agencies with authority, agencies, and organizations participating in managing the business operation of passenger transport by automobile for tourism.

2. Enterprises, cooperatives, and individual businesses (referred to as business entities) participating in the business operation of transporting tourists by automobile.

II. SPECIFIC PROVISIONS

Article 3. Interior and amenities for tourist transportation automobiles

1. Automobiles under nine seats must have air conditioning, a container for beverages, basic first aid equipment, and a first aid kit.

2. Automobiles from nine to less than twenty-four seats, in addition to the provisions of Clause 1 of this Article, must have sunshades, safety instruction boards, fire extinguishers, emergency escape hammers, trash containers, and the name and phone number of the vehicle owner located behind the driver's seat.

3. Automobiles with twenty-four seats or more (excluding specialized caravan vehicles or two-story automobiles), in addition to the provisions of Clause 2 of this Article, must be equipped with microphones, televisions, and luggage storage areas for tourists.

4. Specialized caravan vehicles or two-story automobiles, in addition to the provisions of Clause 3 of this Article, must have a first aid area (for two-story automobiles) and a temporary rest room (for specialized caravan vehicles).

Article 4. Provisions for drivers and service staff on tourist transportation automobiles

1. Drivers of tourist transportation automobiles, in addition to complying with the legal requirements for drivers, must hold a Certificate of Tourism Business Training.

2. Service staff on tourist transportation automobiles must hold a Certificate of Tourism Business Training, except where such staff also serve as Tour Guides or Tour Lecturers.

3. The Certificate of Tourism Business Training shall be organized and issued by the Department of Culture, Sports and Tourism in collaboration with relevant departments according to Model Appendix 5. The training content includes: Overview of Vietnamese Tourism; Reception and communication culture, etiquette; Psychology and customs, traditions of tourists; First aid, medical emergency care, and English according to the Program Framework specified in Appendix 6. The training duration is five days.

Article 5. Documents for Application to Obtain Tourist Passenger Vehicle Identification Plates

1. The documents for application to confirm that the tourist passenger vehicle meets the standard for specialized transportation of tourists shall be submitted to the Department of Culture, Sports and Tourism at the location where the business entity's main office or branch office is located. The set of documents includes:

a) A request form for confirming that the tourist passenger vehicle meets the transportation standards for tourists, along with a list of vehicles to be confirmed according to the model prescribed in Appendix 1;

b) Business license for passenger transport by motor vehicles and international travel agency business license or travel agency registration certificate (a copy accompanied by the original for verification);

c) Copies of various documents: vehicle registration certificates of the vehicles listed in the application; safety technical inspection and environmental protection certificates; civil liability insurance certificates of the vehicle owners.

2. The documents for application to obtain identification plates for tourist passenger vehicles meeting the transportation standards for tourists shall be submitted to the Department of Transport at the location where the business entity's main office or branch office is located. The set of documents includes:

a) An application form for obtaining identification plates for tourist passenger vehicles meeting the transportation standards for tourists according to the model prescribed in Appendix 3;

b) Confirmation certificate of the tourist passenger vehicle meeting the transportation standards for tourists issued by the Department of Culture, Sports and Tourism (original);

c) Copy of the Business License for Motor Vehicle Transport;

d) Documents specified in point b and c of Clause 1 of this Article.

Article 6. Procedures for Issuing Tourist Passenger Vehicle Identification Plates

1. Within a maximum period of three working days from the date of receipt of complete and valid documents, the Department of Culture, Sports and Tourism will organize an assessment based on the documents and conduct on-site inspections and verifications of each vehicle according to the provisions of Article 3 of this Circular and issue a confirmation certificate for tourist passenger vehicles meeting the transportation standards for tourists according to the model prescribed in Appendix 2. In case of refusal to confirm, a written notification must be sent to the business entity stating the reasons.

2. Within a maximum period of two working days from the date of receipt of complete and valid documents, the Department of Transport will organize the issuance of identification plates for tourist passenger vehicles meeting the transportation standards for tourists. In case of refusal to issue, a written notification must be sent to the business entity stating the reasons.

Article 7. Identification Plates and Validity Period of Tourist Passenger Vehicle Identification Plates

1. The identification plate for tourist passenger vehicles meeting the transportation standards for tourists shall have the name, material, size, color, and style according to the model prescribed in Appendix 4.

2. The identification plate for tourist passenger vehicles meeting the transportation standards for tourists has a validity period of twenty-four months and is valid nationwide.

Article 8. Priority for Tourist Passenger Vehicles with Identification Plates

1. Priority in arranging convenient parking areas for picking up and dropping off tourists at bus stations, train stations, airports, ports, boat terminals, tourist areas, tourist sites, accommodation facilities, and other tourism service facilities.

2. Permission to operate without time restrictions on routes leading to hotels rated three stars or higher.

III. IMPLEMENTATION ORGANIZATION AND EFFECTIVE PROVISIONS

Article 9. Responsibilities of Tourist Passenger Transport Enterprises

1. Every six months from the date the tourist passenger vehicle identification plate is put into operation, the business entity shall submit a report on the results of tourist passenger transport operations to the Department of Culture, Sports and Tourism and the Department of Transport according to the model prescribed in Appendix 7.

2. At least fifteen days before the expiration of the validity period of the tourist passenger vehicle identification plate, the business entity must submit the documents to the competent state management agency requesting reissue of the identification plate; the procedures for reissuing the identification plate for tourist passenger vehicles meeting the transportation standards for tourists are the same as the initial issuance.

3. Organizing training classes, issuing certificates, and issuing and reissuing identification plates according to the regulations of the law.

Article 10. Responsibilities of the Department of Culture, Sports and Tourism

1. In October each year, the Department of Culture, Sports and Tourism shall submit to the Vietnam National Administration of Tourism a statistical report on the number of vehicles granted license plates meeting the standards for tourist transportation, and the results of business operations in tourist transportation conducted by tourist transportation businesses within its jurisdiction, for consolidation and reporting to the Ministry of Culture, Sports and Tourism.

2. Twice a year (in May and October), the Department of Culture, Sports and Tourism shall send statistical documents on the organization of training courses for tourism-related skills for drivers and service staff on tourist transportation vehicles to the Department of Transport for coordinated management.

3. Once a year (except in cases of surprise inspections), the Department of Culture, Sports and Tourism shall cooperate with the Department of Transport and relevant agencies to inspect tourist transportation business activities and submit inspection result reports to the Vietnam National Administration of Tourism and the Vietnam Highway Administration for consolidation and reporting to the Ministry of Culture, Sports and Tourism and the Ministry of Transport.

Article 11. Responsibilities of the Department of Transport

1. Organize traffic flow management to ensure that vehicles granted license plates for tourist transportation, as stipulated in Clause 2, Article 8 of this Circular, can operate as permitted.

2. In October each year, the Department of Transport shall submit a statistical document on the number of vehicles already granted license plates for tourist transportation and a report on the issuance of license plates for tourist transportation vehicles to the Vietnam Highway Administration for consolidation and reporting to the Ministry of Transport.

3. Twice a year (in May and October), the Department of Transport shall send a statistical document on the number of vehicles already granted license plates for tourist transportation to the Department of Culture, Sports and Tourism for coordinated management.

4. Cooperate with the Department of Culture, Sports and Tourism to conduct inspections of tourist transportation business activities using vehicles.

Article 12. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. The Vietnam National Administration of Tourism (under the Ministry of Culture, Sports and Tourism) and the Vietnam Highway Administration (under the Ministry of Transport) shall, within their respective functions and duties, direct, guide, and coordinate inspections of the implementation of the provisions of this Circular.

3. During the implementation of this Circular, if there are any difficulties, they should be reported to the Ministry of Culture, Sports and Tourism and the Ministry of Transport for study and resolution./.