Circular No. 08/2009/TT-BGTVT guiding the use of non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar 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.

 for transporting passengers and goods

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

Pursuant to Decree No. 51/2008/NĐ-CP dated April 28, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Ministry of Transport provides 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:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides general principles regarding the transportation of passengers and goods using non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles.

Article 2. Applicability

This Circular applies to organizations and individuals involved in the transportation of passengers and goods using non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles.

Chapter II

REGULATIONS ON THE TRANSPORTATION OF PASSENGERS AND GOODS BY NON-MOTORIZED VEHICLES, MOTORCYCLES, TWO-WHEELED MOTORBIKES, THREE-WHEELED MOTORBIKES, AND SIMILAR TYPES OF VEHICLES

Article 3. Vehicle Operators

1. Must comply with the provisions set forth in Articles 58 and 63 of the Road Traffic Law.

2. Provide helmets for passengers on vehicles that are required to wear helmets.

3. For commercial transportation of passengers and goods using non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles, vehicle operators must display signs or uniforms prescribed by the Provincial People's Committee to distinguish themselves from other road users.

Article 4. Transportation Vehicles

1. Motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles must comply with the provisions set forth in Article 53 of the Road Traffic Law.

2. Non-motorized vehicles must meet traffic safety conditions as stipulated by the Provincial People's Committee.

Article 5. Transportation Activities

1. The People's Committee of the province shall specify:

a) Scope, routes, and operating hours for each type of vehicle to ensure traffic order and safety;

b) Stopping, parking, picking up, and dropping off passengers and goods must ensure traffic order and safety.

2. Non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles transporting passengers and goods within a specific locality must comply with the regulations of that locality.

Chapter III

IMPLEMENTATION

Article 6. Responsibilities of the Provincial People's Committee

The Provincial People's Committee shall base its detailed regulations on general principles and local circumstances regarding the transportation of passengers and goods using non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles within their jurisdiction.

Article 7. Responsibilities of the Department of Transport

Advise the Provincial People's Committee to establish regulations on the management and use of non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles for the transportation of passengers and goods within their jurisdiction.

Article 8. Effectiveness and Responsibility for Implementation

1. This Circular takes effect 45 days from the date of signature. It revokes Circular No. 03/2002/TT-BGTVT dated February 27, 2002, issued by the Minister of Transport guiding the use of non-motorized vehicles, motorcycles, two-wheeled motorbikes, three-wheeled motorbikes, and similar types of vehicles for passenger and cargo transportation.

2. The Vietnam Highway Administration is responsible for compiling (through the Departments of Transport) and reporting to the Ministry of Transport any issues or difficulties arising during implementation for timely research and resolution.

3. The Director of the Ministry's Office, the Inspector General, Heads of Departments, the Director of the Vietnam Highway Administration, Directors of the Departments of Transport of provinces and centrally-administered cities, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.