Circular No. 09/2015/TT-BGTVT on the provision, management, and use of data from vehicle tracking devices of automobiles

CIRCULAR

Regulations on Providing, Managing, and Using Data from Vehicle Telematics Devicesng

___________________________ 

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Based on Decree No. 86/2014/ND-CP dated September 10, 2014 of the Government on business operations and conditions for road passenger transport by road vehicles;

Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in state agency activities;

At the proposal of the Director of the Department of Science and Technology and the Director General of the Vietnam Highway Corporation,

The Minister of Transport issues this Circular to regulate the provision, management, and use of data from vehicle telematics devices.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the provision, management, and use of data from vehicle telematics devices referred to collectively as telematics devices.

Article 2. Applicability

This Circular applies to transport service enterprises, passenger bus terminals, cargo terminals, telematics service providers, and other organizations, entities, or individuals related to the provision, management, and use of data from vehicle telematics devices throughout the country.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Information system: is a set of hardware, software, and communication links used for collecting, managing, and exploiting data from telematics devices.

4. Telematics service provider (hereinafter referred to as the service provider): is an entity organizing the provision of services for managing, exploiting, consolidating, analyzing, and storing data from vehicle telematics devices under contracts with transport service enterprises.

Chapter II

PROVISION, MANAGEMENT, AND USE OF DATA FROM VEHICLE TELEMACS DEVICES

Article 4. Provisions on data provision

1. Requirements for data provision: data provision is divided into two types, including identification data and telematics data.

a) Identification data includes: name of the transport service enterprise; name of the Department of Transport (where the transport business license was issued); vehicle registration number; vehicle gross weight (number of passengers or cargo volume allowed to participate in traffic); type of business. This identification data must be linked to telematics data.

b) Telematics data must continuously update information including: driver's license number; speed, time, coordinates of the vehicle.

2. Data from telematics devices must be transmitted to the service server at a frequency not exceeding 30 seconds per transmission when the vehicle is moving and not more than 15 minutes per transmission when the vehicle is stationary (when the vehicle stops for rest during the journey, or waits for passengers at bus terminals for fixed routes).

a) Data from telematics devices must be transmitted to the Vietnam Highway Corporation server within two minutes from the time the service server receives the data;

b) Data from telematics devices transmitted through the service server to the Vietnam Highway Corporation server must be ensured in chronological order. In case of communication interruption, simultaneous transmission of both old and current data is allowed when communication resumes;

c) Data transmission protocol follows the open standard AMQP (Advanced Message Queuing Protocol). Message format adheres to the Protocol Buffers standard.

5. Provided data must be timely, accurate, and not altered or distorted before or during transmission.

Article 5. Provisions on methods for calculating violations

2. Calculation of speed violation

a) The method for calculating speed violations shall be carried out in accordance with Appendix 2 of this Circular;

b) The software on the server must calculate the speed violation based on the speed limit indicated by traffic signs or speed-restricted areas announced by road management authorities.

3. Calculation of continuous driving time violation

a) Continuous driving time of a driver is determined from when the driver starts operating the vehicle (the vehicle begins moving) until the vehicle stops for 15 minutes or more, or the driver changes;

b) Continuous driving time violation is determined when a driver operates the vehicle continuously for four hours or more without stopping or parking for at least 15 minutes.

4. Calculation of daily working hours violation of drivers

a) A driver's working day is counted from when the driver starts operating the vehicle (the vehicle begins moving) until 24 hours have passed or the driver rests (does not operate the vehicle) for 14 hours or more;

b) Daily working hours violation of drivers is determined when the total driving time within a working day exceeds ten hours.

5. Calculation of non-transmission data violation

Non-transmission data violation is determined when the vehicle moves its position compared to the recorded position at the start of the data transmission stop and there is no data during the movement period between two positions.

Article 6. Provisions on data usage

1. Data exploitation from the vehicle tracking device shall be conducted in accordance with the laws on information technology application in state agency activities.

2. Data from the vehicle tracking device is exploited and used to serve transportation management work of transport business units and state management agencies; to serve violation handling work according to the guidelines of the Ministry of Transport; to serve scientific research and other works to ensure traffic safety.

Chapter III

4. Aggregated information about violations recorded through the vehicle tracking device on the system of the Vietnam Road Administration shall be publicly disclosed on the Vietnam Road Administration’s electronic information website.

MANAGEMENT LEVELS AND RESPONSIBILITIES OF AUTHORITIES AND UNITS

1. The Vietnam Road Administration manages the unified information system nationwide, compiles input data transmitted from transport business units or service providers for analysis according to the following indicators:

a) Total number of times and violation behaviors of each vehicle per day, month, year;

b) Total number of violations of vehicles per violation behavior;

c) Total number of violations per 1,000 kilometers of each vehicle, each transport business unit, and each Department of Transport;

d) Ratio of total kilometers violated to total kilometers driven (in percentage);

đ) Compilation of vehicles with the highest speed violations;

e) Compilation of transport business units and Departments of Transport with the highest number of violations per 1,000 kilometers;

g) Ratio of drivers violating continuous driving time and daily working hours regulations to the number of days the vehicle is in operation;

h) Number of times and duration of non-transmission data in a month of each transport business unit and Department of Transport;

1. Invest in, construct, upgrade, maintain hardware, software, and data transmission systems of the information system; exploit and utilize data from vehicle tracking devices.

3. Ensure the continuity and accuracy of information and data from vehicle tracking devices on the information system when providing to operating agencies and units and state management agencies with authority upon request; be responsible for the accuracy and truthfulness of provided information and data.

a) Manage, inspect, and supervise transport activities nationwide;

b) Serve investigations and resolution of traffic accidents by competent authorities upon written request;

c) Evaluate transport businesses and Provincial Transport Departments in compliance with transport activity management regulations nationwide.

7. Guide the use, update, exploitation, and management of the information system from vehicle tracking devices for Provincial Transport Departments.

8. Arrange staff to monitor and operate the information system, ensuring continuous operation during the exploitation and utilization of data from vehicle tracking devices.

10. Require Provincial Transport Departments to handle violations by drivers and transport businesses within their jurisdiction; follow up and urge Provincial Transport Departments to report handling results.

11. Handle or propose competent authorities to handle responsibilities of Provincial Transport Departments, transport businesses, and related individuals and organizations according to regulations.

12. Publish data on coordinates, dimensions of speed signs, and areas with speed limits on national highways and expressways.

Article 9. Responsibilities of the Department of Transport

a) Managing, inspecting, and checking transportation activities;

b) Monitoring, correcting, and handling violations in transportation activities by local transport businesses;

c) Evaluating the performance of local transport businesses in complying with transportation management regulations;

d) Investigating and resolving traffic accidents when requested by competent authorities.

4. Requesting transport businesses under its jurisdiction to handle driver violations; monitoring and urging businesses to report the results of such handling.

5. Handling or proposing competent authorities to handle responsibilities of transport businesses within its jurisdiction according to regulations.

6. Handling individual and organizational responsibilities related to providing, managing, and using data from vehicle tracking devices in management, monitoring, exploitation, and utilization of vehicle tracking device data.

7. Publishing data on coordinates and directions of speed signs and areas with speed limits on local roads managed on the Department of Transport's electronic information website.

Article 10. Responsibilities of Transport Businesses

4. Assigning staff to monitor and exploit data on the software for exploiting data from vehicle tracking devices to serve the business's management and operation; checking the accuracy of information on license plate numbers, vehicle load capacity (number of passengers or cargo weight allowed to participate in traffic), type of transport business, driver names, and driver license numbers under the business's management.

5. Systematically storing mandatory information for a minimum period of one year.

7. Handling management, monitoring, exploitation, and utilization of data responsibilities for relevant individuals and departments according to regulations; promptly handling driver violations according to internal rules and regulations of the business.

8. The transport business directly implements or entrusts a service provider to implement through a legally binding contract the provisions of Clauses 1, 2, 3, 5, and Clause 6 of this Article.

Article 11. Responsibilities of passenger bus terminal and cargo terminal business units

Article 12. Responsibilities of service providers

4. Develop software to exploit data from vehicle tracking devices in accordance with the National Technical Regulation QCVN 31:2014/BGTVT - National Technical Regulation on Vehicle Tracking Devices for automobiles to enable transport business units to exploit and manage their vehicles.

5. Have plans to ensure replacement when the device installed on the transport vehicle is damaged or under repair to ensure uninterrupted data for the vehicle throughout the transportation process (except during ongoing transportation operations that have not yet concluded).

6. Have the responsibility to warn devices that are not transmitting data on the software exploiting data from vehicle tracking devices.

Chapter IV

EFFECTIVE DATE AND IMPLEMENTATION

Article 13. Effective Date

This Circular takes effect from June 1, 2015, and replaces Circular No. 23/2013/TT-BGTVT dated August 26, 2013, issued by the Minister of Transport regarding the provision, management, and use of data from vehicle tracking devices of automobiles.

2. 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 and Municipal Departments of Transport under the Central Government, Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.