Decision No. 07/2008/QD-BGTVT amending and supplementing certain articles of the "Regulations on passenger transport by bus on fixed routes, under contracts, and tourist transport by bus" issued together with Decision No. 16/2007/QD-BGTVT dated March 26, 2007; and the "Regulations on passenger transport by taxi" issued together with Decision No. 17/2007/QD-BGTVT dated March 26, 2007 of the Minister of Transport.

Pursuant to …;

Amending and supplementing certain provisions of the "Regulations on Passenger Transport by Motor Vehicles on Fixed Routes, Contracts, and Tourist Transport by Motor Vehicles" issued together with Decision No. 16/2007/QĐ-BGTVT dated March 26, 2007; and the "Regulations on Passenger Transport by Taxi" issued together with Decision No. 17/2007/QĐ-BGTVT dated March 26, 2007 of the Minister of the Ministry of Transport

____________________

MINISTER OF TRANSPORT

Pursuant to the Road Traffic Law dated June 29, 2001;

Pursuant to the Enterprise Law dated November 29, 2005;

Pursuant to the Law on Cooperatives dated November 26, 2003;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 110/2006/NĐ-CP dated September 28, 2006 of the Government on conditions for operating passenger transport by motor vehicles;

At the proposal of the Director of the Transport Department and the Director General of the Vietnam Highway Administration,

DECISION:

Article 1.

Amending and supplementing certain provisions of the "Regulations on Passenger Transport by Motor Vehicles on Fixed Routes, Contracts, and Tourist Transport by Motor Vehicles" issued together with Decision No. 16/2007/QĐ-BGTVT dated March 26, 2007 of the Minister of the Ministry of Transport as follows:

1. Clause 4 of Article 5 shall be amended and supplemented as follows:

"4. Having a parking place commensurate with the scale of the enterprise or business household, ensuring fire prevention and environmental sanitation requirements."

2. Point b Clause 3 Article 9 shall be amended and supplemented as follows:

"b) Right to use motor vehicles:

- Motor vehicles registered under the ownership of the enterprise or branch of the enterprise, with license plates registered at the local authority where the enterprise or branch is headquartered;

- Motor vehicles registered under the ownership of a unit with leasing finance functions, accompanied by a leasing finance contract between the transport unit and the leasing finance unit (certified copy); license plates registered at the local authority where the leasing finance enterprise is headquartered;

- Motor vehicles registered under the ownership of an organization or individual with leasing asset functions, accompanied by a business registration for leasing assets (certified copy), a lease asset contract between the transport unit and the leasing asset unit or business household (certified copy); license plates registered at the local authority where the organization or individual registers for leasing assets;

- Motor vehicles registered under the ownership of cooperative members, accompanied by an economic agreement between the member and the cooperative, which includes provisions on the rights, responsibilities, and obligations of the cooperative in managing, using, and operating motor vehicles owned by the cooperative member."

3. Point a of Clause 2 of Article 10 shall be amended and supplemented as follows:

"a) Documents for registering or supplementing vehicles on the route:

- "Application for Operating Passenger Transport by Motor Vehicles on Fixed Routes" according to the model prescribed in Appendix 10, "Application for Supplementing Vehicles for Operating Passenger Transport by Motor Vehicles on Fixed Routes" according to the model prescribed in Appendix 11, accompanied by an operational plan confirmed by both terminal bus stations;

- Certified copies of the Vehicle Registration Certificate of the vehicles listed in the application. For vehicles registered under the ownership of cooperative members, accompanied by a letter of introduction from the cooperative, a decision on admitting the member according to the law (certified copy), an economic agreement between the member and the cooperative, which includes provisions on the rights, responsibilities, and obligations of the cooperative in managing, using, and operating motor vehicles owned by the cooperative member (certified copy);

- Certified copies of the "Certificate of Safety Technical Inspection and Environmental Protection for Motor Vehicles" of the vehicles listed in the application;

- In the case of initial registration, the application must also include:

+ "Business Registration Certificate" of the enterprise including the appropriate type of business (certified copy);

+ For routes over 1,000 kilometers, the "Application for Operating Passenger Transport by Motor Vehicles on Fixed Routes" sent to the Vietnam Highway Administration must have confirmation from the Department of Transport (Department of Transport and Public Works) where the enterprise or branch headquarters is located;

- The route management agency will approve the enterprise to operate and issue route operation permits and vehicle logbooks based on the application documents; the first-time operation approval document according to the model prescribed in Appendix 12; and the notification of vehicle supplementation according to the model prescribed in Appendix 13."

Article 2.

Amending and supplementing certain provisions of the "Regulations on Passenger Transport by Taxi" issued together with Decision No. 17/2007/QĐ-BGTVT dated March 26, 2007 of the Minister of the Ministry of Transport as follows:

1. Clause 4 Article 7 shall be amended and supplemented as follows:

"4. Having a parking place commensurate with the scale of the enterprise or business household, ensuring fire prevention and environmental sanitation requirements."

4. Having been awarded the title "Outstanding Artist" and subsequently meeting one of the following criteria:

"Article 8. Registering the color of taxi vehicles

Enterprises operating passenger transport by taxi must register the color of the vehicle, the emblem of the enterprise, and the contact number with the Department of Transport (Department of Transport and Public Works) for management and to facilitate customer identification of the enterprise's vehicles."

4. Meeting one of the following criteria:

"Article 9. Issuing taxi vehicle insignia

1. Conditions for motor vehicles to be issued insignia:

a) Motor vehicles registered under the ownership of the enterprise or branch of the enterprise, with license plates registered at the local authority where the enterprise or branch is headquartered;

b) Motor vehicles registered under the ownership of a unit with leasing finance functions, accompanied by a leasing finance contract between the transport enterprise and the leasing finance unit (certified copy); license plates registered at the local authority where the leasing finance enterprise is headquartered;

c) Motor vehicles registered under the ownership of an organization or individual with leasing asset functions, accompanied by a business registration for leasing assets (certified copy), a lease asset contract between the transport unit and the leasing asset unit or business household (certified copy); license plates registered at the local authority where the organization or individual registers for leasing assets;

d) Motor vehicles registered under the ownership of cooperative members, accompanied by an economic agreement between the member and the cooperative, which includes provisions on the rights, responsibilities, and obligations of the cooperative in managing, using, and operating motor vehicles owned by the cooperative member (certified copy);

2. Documents required for issuing insignia include:

a) Business Registration Certificate of the enterprise, including the type of business in passenger transport by taxi (certified copy);

b) Plan for operating passenger transport by taxi according to the model prescribed in Appendix 1;

c) A request for taxi emblem issuance from the enterprise accompanied by a list of automobiles according to the model prescribed in Appendix 2. For automobiles registered under the ownership of cooperative members, a letter of introduction from the cooperative, a decision on admitting cooperative members in accordance with the provisions of the law (photocopy certified), an economic agreement between members and the cooperative, which includes regulations on the rights, responsibilities, and obligations of the cooperative in managing, using, and operating automobiles owned by cooperative members (photocopy certified);

d) Photocopy of the Automobile Registration Certificate;

đ) In cases where enterprises supplement or replace vehicles or cease operations, they must submit a request along with a list of automobiles according to the provisions at Appendix 2 to the competent authority to obtain new emblems and recover emblems for replaced or ceased operation vehicles;

3. The validity period of the emblem:

The emblem is valid for 12 months."

4. Clause 10 of Article 14 shall be amended and supplemented as follows:

"10. To undergo specialized vocational training according to a unified curriculum organized by the Vietnam Road Transport Association in collaboration with Provincial Departments of Transport (Provincial Departments of Transport and Public Works) and be issued a "Taxi Driver Training Certificate" according to the model prescribed in Appendix 5."

Article 3.

Article 4.

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Highway Administration, Directors of Provincial Departments of Transport (Provincial Departments of Transport and Public Works) of centrally governed cities and provinces, Heads of agencies, organizations, and individuals related to this Decision are responsible for its implementation.

This Decision takes effect 15 days after its publication in the Official Gazette; it abolishes Decision No. 5394/BGTVT-VT dated August 28, 2007 of the Ministry of Transport and Circular No. 3688/CĐBVN-VT dated August 19, 2007 of the Vietnam Highway Administration.