Circular No. 10/2015/TT-BGTVT on responsibilities and handling violations in road passenger and cargo transport using motor vehicles

CIRCULAR

Regulations on responsibilities and handling of violations in road transportation activities using motor vehiclesng

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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 the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Based on the Labor Code dated June 18, 2012;

Pursuant to Decree No. 86/2014/NĐ-CP dated September 10, 2014 of the Government on business operations and conditions for operating motor vehicle transportation services;

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;

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

The Minister of Transport shall issue a Circular stipulating responsibilities and handling of violations in road transportation activities using motor vehicles.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates responsibilities and handling of violations in road transportation activities using motor vehicles.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to road transportation activities using motor vehicles and supporting road transport services, including:

1. Vietnam Highway Administration.

2. Departments of Transport of provinces and centrally governed cities.

3. Units engaged in road transportation business using motor vehicles.

4. Units engaged in passenger terminal, cargo terminal, and rest stop operations.

5. Cargo loaders and consignors.

6. Units providing vehicle tracking service and units providing vehicle tracking equipment.

Article 3. The Civil Aviation Authority of Vietnam

Article 3. Explanation of Terms

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

1. A unit providing vehicle tracking service is an entity organizing the provision of management, exploitation, consolidation, analysis, and storage of data from vehicle tracking devices of motor vehicles according to contracts with transportation business units.

2. A unit providing vehicle tracking equipment is a production, assembly, or import entity of vehicle tracking equipment in accordance with regulations.

3. A cargo loader is an organization or individual implementing cargo loading on motor vehicles at logistics hubs, warehouses, ports, railway stations, industrial zones, material mines, and mineral mines.

4. A consignor is an organization or individual having goods transported by motor vehicles through transportation units.

Chapter II

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Section 1

1. To perform the functions, tasks, and powers of the specialized civil aviation administration agency and the Civil Aviation Authority according to the laws on air cargo transportation.

Article 4. Vietnam Highway Administration

1. Establishes, submits to competent authorities for issuance, and organizes implementation of plans to build legal documents, standards, and technical regulations related to the organization and management of road transportation business using motor vehicles and supporting road transport services.

2. Organizes implementation, dissemination, training, and guidance to Departments of Transport on the execution of legal documents, standards, and technical regulations related to the organization and management of road transportation business using motor vehicles and supporting road transport services.

3. Establishes, submits to the Ministry of Transport for approval the planning of the network of fixed inter-provincial passenger routes; manages, monitors, inspects, and coordinates with Departments of Transport to implement the planning of the network of fixed inter-provincial passenger routes; coordinates with Departments of Transport to determine positions and organize operations of passenger pick-up and drop-off points on fixed inter-provincial routes on national highways under its management.

4. Applies information technology in managing transportation activities and supporting road transport services, organizing uniform implementation nationwide.

5. Invests, exploits, manages, and uses data from vehicle tracking devices to serve state management in road transportation activities according to the regulations of the Minister of Transport.

6. Ensures the continuity and accuracy of information and data from vehicle tracking devices in the information system when providing to operating entities and competent state management authorities upon request; bears responsibility for the accuracy and truthfulness of provided information and data.

7. Manages road transportation activities using motor vehicles and supporting road transport services within the country's territory according to its authority.

8. Takes the lead, collaborates with the Vietnam Automobile Transport Association to compile and publish training materials and framework programs for drivers, onboard staff, and transportation managers at transportation business units; guides, inspects, and supervises training.

9. Inspects, examines, and handles according to its authority violations of regulations on road transportation business using motor vehicles and supporting road transport services as prescribed by law.

Article 5. Department of Transport

1. Manage road passenger transport activities by motor vehicles and related support services within the local area and according to its authority.

2. Organize the implementation, dissemination, training, and guidance for the timely and full execution of legal documents, standards, and technical regulations related to organizing and managing road passenger transport activities by motor vehicles and related support services within the local area.

3. Implement the posting of information on the Department of Transport's electronic information website in accordance with the provisions of the Minister of Transport.

4. Submit to the People's Committee of the province or centrally governed city for approval the planning of the network of bus passenger transport routes, fixed intercity passenger transport routes, and taxi passenger transport development planning; the locations of pick-up and drop-off points on the road network within the local area; policies to encourage and provide preferential treatment to passengers and units operating bus passenger transport within the local area; economic and technical norms and unit prices for bus passenger transport operations.

5. Implement the planning of the network of fixed intercity passenger transport routes announced by the Ministry of Transport; announce the operation of pick-up and drop-off points on fixed routes within the local area after approval by the People's Committee of the province or centrally governed city.

6. Specify the conditions for allowing the use of shuttle buses and the scope and time of their operation within the local area; manage the operation of internal transportation vehicles according to regulations.

7. Take the lead and coordinate with the local automobile transport association (if any) to organize training for transport managers from transport units within the local area according to regulations. Direct and supervise the training of business transport drivers and service staff on the vehicle according to regulations.

8. Check, update, and ensure the accuracy of data transmitted from monitoring devices by transport businesses (or service providers) to the Vietnam Highway Corporation; be responsible for managing, exploiting, and using data from monitoring devices of relevant organizations and individuals according to regulations.

9. Inspect, check, handle or propose competent authorities to handle violations related to passenger transport business by motor vehicles and related support services by transport businesses within the local area. Require transport businesses under local management to address driver violations.

10. Monitor and urge reports on matters related to passenger transport business by motor vehicles and related support services according to regulations.

Article 6. Passenger Transport Business Units Operating Fixed Routes and Buses

1. Establish or apply passenger transport service quality standards; register passenger transport service quality with the competent authority; post relevant information about passenger transport business operations according to regulations.

2. Maintain the required number of vehicles, drivers, and onboard service personnel according to the business operation plan registered by the unit.

3. Adhere strictly to the timetable for operating routes approved by the route management authority.

4. Ensure that at least 70% of the total number of trips on the unit's fixed passenger transport routes are operated according to the approved timetable.

5. Adhere to regulations regarding the recording, management, use, and storage of Transport Orders.

6. Adhere to regulations regarding the management and use of vehicle operation badges, ensuring that all unit vehicles put into operation must be equipped with badges and signs as prescribed.

7. Adhere to regulations regarding passenger pick-up and drop-off, luggage and cargo loading, and carrying the specified load weight; ensure security, order, and safety in transport operations according to regulations.

8. Organize the management of technical safety and environmental protection conditions for transport vehicles to ensure the following contents:

a) Develop and implement maintenance plans to ensure that vehicles are maintained according to regulations.

b) Establish and update vehicle history records or software to monitor vehicle operation and maintenance according to regulations.

c) Develop and apply traffic safety management procedures according to regulations.

9. Organize the management of drivers and onboard service personnel to ensure the following contents:

a) Enter into written labor contracts with drivers and onboard service personnel and enroll them in social insurance and health insurance.

b) Record and update complete information about the work history of drivers in their driving career records or company driver management software according to prescribed models.

c) Organize training, guide transport operations, traffic safety, and promote the enhancement of drivers' and onboard service personnel's sense of responsibility and professional ethics.

d) Arrange sufficient numbers of drivers and onboard service personnel suitable for the approved route exploitation plan; ensure drivers' working hours according to the Road Traffic Law.

đ) Conduct health examinations when hiring and regular health checks for drivers, only using those who meet health requirements set by the Ministry of Health; do not hire or use drivers who use narcotics.

10. Organize and maintain the operation of departments managing traffic safety conditions to fully perform tasks according to regulations.

11. Adhere to regulations regarding the installation, management, and exploitation of information from vehicle monitoring devices to ensure the following contents:

a) Install and maintain good technical condition, ensuring continuous and accurate transmission of mandatory information from vehicle monitoring devices during the entire period of vehicle operation.

b) Provide timely and accurate information from vehicle monitoring devices according to regulations.

c) Systematically store mandatory information from the vehicle's onboard monitoring device for a minimum period of one year;

d) Shall not use technical measures or peripheral equipment to interfere with the operation of the onboard monitoring device.

12. Comply with regulations regarding ticket issuance, fare receipts, invoices, and transportation fees for passengers.

13. Monitor, detect, and promptly address violations by drivers and service staff on board; report monthly to the Department of Transportation where the Business License for passenger transport was issued about the handling of such violations.

14. Assign personnel to manage transport operations who meet the required conditions; train such personnel according to regulations.

15. Implement reporting, statistical analysis, and record-keeping procedures as prescribed.

Article 7. Passenger Transport Units Operating Taxi Services

1. Adhere to the provisions set forth in Clauses 1, 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Article 6 of this Circular.

2. Properly install and maintain the operational status of the fare meter and invoice printing device.

3. Comply with regulations concerning the registration of emblems (logos) on vehicles used for taxi passenger transport services.

Article 8. Passenger Transport Units Operating Under Contract and Tourist Transport

1. Adhere to the provisions set forth in Clauses 1, 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Article 6 of this Circular.

2. Shall not sell tickets or confirm reservations for passengers traveling by any means.

3. For each trip, the transport unit may only enter into one transportation contract with the contents stipulated by regulation.

4. When using automobiles with a design capacity of 10 passengers or more to fulfill transportation contracts, the transport unit must notify the Department of Transportation where the Business License for transport operations was issued of the relevant contract information before executing the passenger transport contract.

Article 9. Cargo Transport Units

1. Adhere to the provisions set forth in Clauses 1, 2, 6, 7, 8, 9, 11, 12, 13, 14, and 15 of Article 6 of this Circular.

2. In addition to complying with the provisions of Clause 1 of this Article, cargo transport units operating with containers must also comply with the provisions of Clause 10 of Article 6 of this Circular.

3. Arrange appropriate means of transport suitable for the type of goods being transported and within the permissible width limits of bridges, tunnels, and roads along the entire route of transport as prescribed.

4. Fulfill the responsibilities of a transporter regarding the loading of goods onto automobiles according to regulations. Inform drivers about compliance with legal provisions on load limits and permissible width limits throughout the duration of their participation in traffic.

5. Bear responsibility for all violations related to load limits, width limits, and rules for loading goods onto automobiles.

6. Issue a Transport Order to drivers prior to executing the transport contract.

7. Implement reporting, statistical analysis, and record-keeping procedures as prescribed.

Article 10. Passenger Bus Terminal, Cargo Terminal, and Rest Stop Units

1. Passenger Bus Terminal Units

a) Ensure security, order, traffic safety, fire prevention, and environmental hygiene;

b) Post mandatory information as prescribed;

c) Enter into contracts with transport units as prescribed before organizing passenger transport operations at the terminal;

d) Conduct traffic safety inspections and authorize entry and exit of vehicles from the terminal as prescribed;

đ) Shall not exceed the permitted number of passengers, luggage, and cargo weight on vehicles;

e) Comply with regulations concerning technical standards for passenger bus terminals, cargo terminals, and rest stops as prescribed;

g) Confirm all information in the Transport Order as prescribed;

h) Have the responsibility to require drivers to confirm and compile reports to the Department of Transportation where the vehicle's business license for transport operations is registered if the vehicle's onboard monitoring device does not have information on the system managing data on onboard monitoring devices of the General Department of Roads of Vietnam as prescribed;

i) Compile and report monthly, before the 20th day of each month, cases where vehicles are not allowed to transport and traffic safety conditions at the terminal to the Department of Transportation as prescribed;

k) Report to the Department of Transportation the list, positions, authorities, responsibilities, and signatures of individuals assigned to inspect and confirm orders for transport as prescribed;

l) Implement reporting, statistical analysis, and record-keeping procedures as prescribed.

2. Cargo Terminal Units shall comply with the provisions set forth in Points a, b, c, d, đ, e, h, i, and l of Clause 1 of this Article.

3. Rest Stop Units

a) Provide free services as prescribed;

b) Comply with the provisions set forth in Points a, b, e, and Clause 1 of this Article.

Article 11. Persons loading goods onto motor vehicles, consignors

1. Shall implement correctly the regulations on loading goods onto motor vehicles as prescribed.

2. Shall implement correctly the commitments on loading goods that have been signed with state management agencies as prescribed.

3. The consignor and persons loading goods onto motor vehicles must perform the confirmation of loading onto the Transport Document in accordance with the regulations.

Article 12. Units providing vehicle journey monitoring equipment, service units

1. Units providing vehicle journey monitoring equipment shall ensure material conditions, equipment, and human resources to maintain the quality of products and services provided, including installation of vehicle journey monitoring equipment for customers in accordance with the provisions of the law.

2. Service units providing vehicle journey monitoring shall be responsible for:

a) Investing in and maintaining equipment, software for provision and data transmission in accordance with the regulations and the contracts signed with transport business units;

b) Providing timely and accurate information and data from vehicle journey monitoring equipment transmitted to competent state management authorities; shall not modify or distort such information and data; ensuring the safety and confidentiality of data of transport business units they provide services to;

c) Having contingency plans when vehicle journey monitoring equipment malfunctions or is under repair to ensure uninterrupted data for the vehicle throughout the transportation process. Developing software to exploit data from vehicle journey monitoring equipment in accordance with National Technical Regulation QCVN 31:2014/BGTVT - National Technical Regulation on vehicle journey monitoring equipment for motor vehicles for transport business units to exploit and manage their vehicles;

d) Checking the stability of data transmitted from vehicle journey monitoring equipment provided by the service unit.

Section 2

RESPONSIBILITIES OF INDIVIDUALS

Article 13. Director of the Vietnam Highway Administration

1. Shall be responsible before the Minister of Transport and the law for managing the operation of road transport businesses using motor vehicles and supporting road transport services nationwide.

2. Shall organize inspections, checks, and take measures to promptly prevent and handle violations by agencies, organizations, and individuals in managing the operation of road transport businesses using motor vehicles and supporting road transport services nationwide.

3. Shall organize accountability and handle violations according to regulations against units and individuals under the Vietnam Highway Administration when they fail to implement, implement incorrectly, incompletely, or untimely the responsibilities assigned to them in managing the operation of road transport businesses using motor vehicles and supporting road transport services.

Article 14. Director of the Department of Transport

1. Shall be responsible before the Chairman of the People's Committee of the province or centrally governed city, the Minister of Transport, and the law for managing the operation of road transport businesses using motor vehicles and supporting road transport services at the local level as prescribed.

2. Shall direct the Department of Transport Inspectorate to lead and coordinate with relevant agencies and units to organize inspections, checks, and take measures to promptly prevent and handle violations by agencies, organizations, and individuals in managing the operation of road transport businesses using motor vehicles and supporting road transport services within their jurisdiction.

3. Shall organize accountability and handle violations according to regulations against units and individuals under the Department of Transport when they fail to implement, implement incompletely, or untimely the responsibilities assigned to them in managing the operation of road transport businesses using motor vehicles and supporting road transport services.

Article 15. Persons assigned to manage road transport activities

1. Shall be responsible before their direct superiors, their agencies, and the law for performing the assigned tasks.

2. Shall perform their duties, powers, and assigned tasks accurately; follow relevant administrative procedures concerning the management of commercial road transport operations and supporting road transport services.

3. Ensure transparency, honesty, and objectivity; shall not engage in corruption or bureaucratic practices; shall not cause difficulties or harassment to organizations or individuals when performing their tasks.

4. Shall have civilized and courteous attitudes and behaviors while on duty.

Article 16. Legal representatives of transport business units, cargo loaders onto trucks, and consignors

1. Organize transport activities or permit the transportation of goods in accordance with regulations.

2. Monitor and supervise the loading of goods onto vehicles in compliance with regulations; shall bear responsibility and be subject to penalties when violating regulations on overloading (cargo weight) beyond the permissible limit for traffic participation recorded in the Certificate of Technical Safety Inspection and Environmental Protection.

3. The legal representative of a transport business unit shall be responsible before superior supervisory agencies (if any) and the law for all activities of the unit.

4. Cargo loaders onto trucks shall be responsible before superior supervisory agencies (if any) and the law for their own activities.

Article 17. Persons assigned to manage service quality and traffic safety, and transport managers of transport business units

1. Implement the unit's service quality management processes and traffic safety.

2. Regularly update laws and regulations on service quality management and ensuring traffic safety in road transport.

3. Promptly identify and propose to unit leadership measures to address deficiencies in implementing regulations on service quality management and traffic safety.

4. Manage the unit's transport activities and shall be responsible to the transport business unit for performing the rights and duties assigned according to the unit's internal rules and regulations.

Article 18. Drivers, onboard service staff, and cargo loaders

1. Responsibilities of drivers and onboard service staff

a) Follow the Transport Orders issued by enterprises or cooperatives; ensure security and order on the vehicle; pick up and drop off passengers at departure and arrival bus stations, designated pick-up and drop-off points, and run the correct route;

b) Do not exceed the permitted number of passengers and do not exceed the total weight allowed for traffic participation recorded in the Vehicle Safety Technical Inspection and Environmental Protection Certificate; luggage and goods must be evenly distributed in the luggage compartment, ensuring they do not shift during transportation; prohibited items, flammable and explosive materials, live animals shall not be transported;

c) Ensure that all passengers on board have tickets; guide and arrange passengers to sit in their designated seats according to their tickets, inform passengers of regulations when traveling, assist passengers (especially disabled persons, elderly people, pregnant women, and children); provide civilized and courteous service;

d) Comply with legal provisions for maintaining traffic order and safety;

đ) Have the right to refuse transportation for passengers who disrupt public order, obstruct the work of drivers and onboard service staff, commit ticket fraud, or passengers suffering from dangerous diseases. Refuse to operate the vehicle if it is found to be unsafe, lacks a vehicle tracking device, or has a device installed but is not operational.

2. Responsibilities of cargo loaders

a) Receive information provided by transporters to properly load goods onto trucks in accordance with regulations;

b) Load goods onto trucks without exceeding the permissible carrying capacity of the truck and the load limits and width restrictions of bridges, tunnels, and roads along the entire transport route;

c) Cover, secure, and brace goods according to regulations and instructions from the driver and cargo escorts;

d) Shall be responsible for violations of cargo loading regulations, except where it can be proven that such errors were due to following the transporter's requests or receiving incorrect information from the transporter.

Article 19. Legal representative of units providing vehicle tracking devices, services, passenger bus terminals, freight terminals, rest stops

1. Organize the provision of vehicle tracking devices, services, management, and operation of passenger bus terminals, freight terminals, rest stops in accordance with regulations.

2. Shall be responsible before superior supervisory agencies (if any) and before the law for all activities of the unit.

Article 20. Staff of units operating passenger bus terminals, freight terminals, rest stops

Implement the provisions on environmental hygiene and safety within bus terminals, rest stops, and comply with the procedures for vehicles entering and exiting bus terminals as assigned.

Chapter III

HANDLING VIOLATIONS

Article 21. Principles for handling violations

1. Organizations and individuals violating the provisions on responsibility for organizing and managing road passenger transport operations and supporting services via motor vehicles, when discovered for the first time, shall be reminded, corrected, and required to rectify; if they fail to correct according to requirements or violate again from the second time onwards within one year from the date of the first violation, they will be handled according to this Circular.

2. Agencies or persons authorized to remind, correct, and require rectification of violations by organizations and individuals must do so in writing, clearly stating the violation and the deadline for rectification.

3. The forms of handling violations prescribed in this Circular do not replace other administrative penalty forms prescribed by law.

4. Data extracted from vehicle tracking devices shall only be used once to calculate the violation of transportation service providers.

Article 22. Handling violations against transportation service providers

1. Suspend operation on one route for one month for enterprises or cooperatives engaged in fixed-route passenger transport that violate any of the following cases:

a) Violating the provisions of Clause 2 or Clause 3 of Article 6 of this Circular;

b) Violating the provisions of any point of Clause 8, Clause 9, Clause 11 (except Point b) and Clause 14 of Article 6 of this Circular;

c) Organizing seat reservation and ticket sales in any form in the operation of contractual passenger transport;

d) Operating less than 70% of scheduled trips on the route approved for one month.

2. Suspend operation on one route for three months for enterprises or cooperatives engaged in fixed-route passenger transport that violate any of the following cases:

a) Not providing or providing incorrect mandatory information from vehicle tracking devices of vehicles operating on the route; not providing login names, passwords to access the database of vehicle tracking devices as prescribed;

b) Having more than 10% of the number of vehicles engaged in fixed-route passenger transport carrying more than the permitted number of passengers or exceeding the permissible weight limit by 10% to 50%.

3. Revoke license plates and signs for six months for commercial vehicles of transportation service providers that violate the following cases:

a) Violating the provisions of Clause 6 of Article 6 of this Circular by using license plates and signs incorrectly or intentionally distorting the information recorded on the license plates and signs issued to the vehicle;

b) Carrying more than the permitted number of passengers or exceeding the permissible weight limit by over 50%;

c) Refusing to follow instructions or handle violations by law enforcement officers.

4. Revoke license plates and signs for one month for vehicles that violate any of the following cases:

a) Commercial vehicles engaged in contractual passenger transport, tourist transport vehicles violating the provisions of Clause 4 of Article 8 of this Circular or operating without a transport contract or travel agency contract, passenger list as prescribed or signing a passenger transport contract improperly; selling tickets or confirming reservations for passengers in any form or picking up additional passengers outside the list; commercial vehicles engaged in cargo transport operating without a transport contract, Cargo Waybill as prescribed; commercial vehicles engaged in taxi passenger transport, contractual passenger transport, tourist transport, buses, cargo transport, containerized cargo transport, shuttle vehicles of transportation service providers carrying more than the permitted number of passengers or exceeding the permissible weight limit by 10% to 50%;

b) Cargo transport vehicles, containerized cargo transport vehicles violating any of the provisions of Clause 1, Clause 2, Clause 3 of Article 9 of this Circular (except in cases of intentional distortion of the information recorded on the license plates and signs issued to the vehicle or except in cases of violation of Clause 1, 11, 13, 14 and Clause 15 of Article 6);

c) Taxi vehicles violating the provisions of Article 7 of this Circular or not having a roof-mounted fare meter or having but not operating it as prescribed or engaging in fare fraud through the fare meter; engaging in fare fraud in printing fare invoices (except in cases of violation of the provisions of Clause 1, 11, 13, 14 and Clause 15 of Article 6);

d) Contractual passenger transport vehicles, tourist transport vehicles violating the provisions of Clause 1 or Clause 3 of Article 8 (except in cases of violation of the provisions of Clause 1, 11, 13, 14 and Clause 15 of Article 6);

đ) Taxis, buses, contractual passenger transport vehicles, tourist transport vehicles, cargo transport vehicles, containerized cargo transport vehicles violating the provisions of Clause 11 of Article 6 of this Circular or not providing or providing incorrect mandatory information from vehicle tracking devices of vehicles to competent authorities;

e) Passenger transport vehicles on fixed routes participating in transport operations but violating the provisions of Clause 5 of Article 6 of this Circular;

g) When extracting data from the vehicle's route monitoring device for each passenger transport vehicle on fixed routes, tourist transport, contractual passenger transport, bus transport, taxi transport, cargo transport, container transport within one month, it shows that there are: more than 5% of trips of the total number of trips of that vehicle where the driver violates the route or has five or more speed violations per 1000 kilometers driven (excluding cases of speed violations of up to 5 km/h) or there are at least 10% of operating days where the driver violates the regulations on continuous driving time and daily working hours;

h) Passenger transport vehicles on fixed routes, tourist transport, contractual passenger transport, cargo transport vehicles, container transport vehicles within one continuous month have three or more administrative penalties for carrying passengers, luggage, or cargo exceeding the permitted weight or for improperly stacking cargo on the vehicle;

i) Passenger transport vehicles violate the regulations on posting relevant information (failure to post, incomplete posting, incorrect posting according to regulations, or failure to post information according to regulations within 10 days from the date of the reminder notice);

k) Fixed-route commercial transport vehicles do not comply with the provisions of Clause 12, Article 6; shuttle passenger vehicles participating in commercial transport activities directly charging fees; internal transport vehicles used for commercial transport purposes;

l) During the period when the vehicle's license plate or emblem is revoked due to violations, within seven days from the date of signing the Decision to revoke, the unit must be responsible for returning the license plate or emblem to the Department of Transport. In case of non-compliance or delay in returning the license plate or emblem according to regulations, the Department of Transport will not reissue the license plate or emblem to the revoked vehicle for a period of six months;

5. Suspend the operations of a transport business unit for one to three months when the unit allows the following violations to occur:

a) More than 10% of the vehicles violate the regulation on carrying more than the allowed number of passengers or exceeding the permitted weight for 100% of the trips in one month;

b) Failure to comply with the provisions of one of Clauses 10, 13, or 14 of Article 6;

c) More than 10% of the vehicles put into operation without having been issued a license plate or emblem;

Article 23. Handling Violations by Bus Terminal, Cargo Terminal, and Rest Stop Operators

1. A bus terminal, cargo terminal, or rest stop operator shall be given a written warning and must rectify the violation within a maximum period of 10 days if they violate any of the clauses of Article 10 of this Circular;

2. If a bus terminal, cargo terminal, or rest stop operator fails to correct the violation as stipulated in Clause 1 of this Article within the prescribed time or continues to violate four or more points of Article 10 within one year, the Department of Transport will publish a list of terminals and rest stops that should not be used in public media channels;

3. Within one year from the first violation, if a bus terminal, cargo terminal, or rest stop operator continues to fail to correct the violation as stipulated in Clause 2 of this Article or violates all provisions of Article 10, the competent authority will close down the terminal and revoke the decision to announce the terminal, rest stop, or cargo terminal according to regulations.

Article 24. Handling of violations by persons loading goods onto trucks and consignors

1. Persons loading goods onto trucks and consignors shall be warned in writing and must rectify the violation within a maximum period of 10 days when violating any of the clauses of Article 11 of this Circular.

2. If persons loading goods onto trucks and consignors fail to rectify the violation as prescribed in Clause 1 of this Article within the stipulated time or violate all provisions of Article 11, they shall be recommended by the competent authority to suspend their business operations related to the loading of goods for a period of from six to twelve months to rectify the violation (in cases where the person loading goods has a business registration certificate).

Article 25. Handling of violations by drivers, service personnel on vehicles, staff of passenger bus terminals, freight terminals, and transport businesses

Depending on the behavior and degree of violation, drivers, service personnel on vehicles, staff of passenger bus terminals, freight terminals, and transport businesses shall be handled as follows:

1. Administrative penalties shall be imposed according to the regulations on administrative sanctions in the field of road traffic.

2. Disciplinary measures shall be taken according to the law and internal regulations and rules of the unit.

Article 26. Handling of violations by units providing vehicle tracking equipment and services

1. Units providing vehicle tracking equipment, depending on the degree of violation as prescribed in Clause 1 of Article 12 of this Circular, shall be warned in writing by the competent authority and must rectify the violation. In case of failure to rectify, the Certificate of Conformity for vehicle tracking equipment may be revoked temporarily or permanently.

2. Units providing services shall be warned in writing and must rectify the violation within a maximum period of five days when violating any of the points of Clause 2 of Article 12 of this Circular.

3. Within one year from the first violation, if service-providing units fail to rectify the violation as prescribed in Clause 1 of this Article within the stipulated time or violate three or more items specified in Clauses 1 and 2 of Article 12, they shall be publicized through mass media channels and the Ministry of Transport's electronic information portal to advise transport businesses not to use vehicle tracking equipment or not to enter into service contracts for vehicle tracking with the violating unit.

4. Within one year from the first violation, if service-providing units continue to fail to rectify the violation as prescribed in Clause 2 of this Article or violate all provisions of Article 12, their Certificate of Conformity shall be revoked according to the regulations in cases where the service-providing unit is also a provider of vehicle tracking equipment.

Article 27. Handling of violations by state management agency officials, state-owned enterprise employees, state capital representatives, legal representatives of units, cooperative society directors, and heads of transport businesses using trucks and supporting road transport services

1. Depending on the subject and degree of violation, state management agency officials, state-owned enterprise employees, or state capital representatives at enterprises with state capital participation involved in managing truck transport businesses and supporting road transport services shall be reviewed and dealt with according to the Law on Civil Servants, the Law on Public Officials, and guiding documents.

2. The Department of Transportation shall issue a notice and inform the People's Committee of communes, wards, and towns where the transport business units are located of the name of the unit, the full name, and position of the legal representative of the truck transport business and supporting road transport service units in the following cases:

a) The unit is suspended from operating the route and the approval document for operating the route is revoked;

b) The unit has had twenty percent or more of its vehicles have their license plates and signs revoked within three months.

Article 28. Competence to handle violations

1. The Minister of Transport decides on the handling of violations against the Director General, Deputy Director General of the Vietnam Highway Administration and other subjects within their competence.

2. The Chairman of the People's Committee of provinces and centrally governed cities decides on the handling of violations against the Directors, Deputy Directors of the Department of Transport and other subjects within their competence.

3. The Director General of the Vietnam Highway Administration:

a) Decides on the handling of violations against the Heads of units responsible for managing road transport under the Vietnam Highway Administration and other staff under its management;

b) Suspends the operation of international road transport routes, revokes intermodal transport permits and route signs issued by themselves;

c) Recommends competent authorities to handle violations by organizations and individuals according to regulations.

4. The Director of the Department of Transport:

a) Decides on the handling of violations against the Heads of departments responsible for managing road transport under the Department of Transport and other staff under its management;

b) Revokes approval for operating routes, revokes route signs and vehicle identification marks issued by themselves;

c) Recommends the Vietnam Highway Administration and competent authorities to handle violations by agencies, organizations and individuals according to regulations.

5. The Head of Inspection Teams or persons with authority must promptly report in writing about violations by organizations and individuals to competent authorities for handling according to legal provisions.

Chapter IV

IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Circular takes effect from June 1, 2015.

2. Abolish Circular No. 55/2013/TT-BGTVT dated December 26, 2013 of the Minister of Transport on responsibilities and handling of violations in organizing and managing road passenger transport services and supporting road transport services using motor vehicles.

Article 30. Implementation

The Chief of the Office of the Ministry, the Chief Inspector of the Ministry, the Heads of Departments, the Director General of the Vietnam Highway Administration, the Directors of the Department of Transport, the Heads of agencies, organizations and individuals related shall be responsible for implementing this Circular./.