Decree No. 10/2020/ND-CP on business operations and conditions for operating road passenger transport using motor vehicles

||| Based on the Government Organization Law on December 19, ||| Based on the Investment Law on November 26, 2014 and the Law amending and supplementing Article 62015;

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;

||| and Appendix 4 regarding the List of Industries and Businesses Subject to Conditions under the Investment Law on November 26, 2016;||| the Government issues this Decree to regulate business operations and business conditions for road passenger and cargo transportation using motor vehicles. ||| This Decree regulates business operations and business conditions for road passenger and cargo transportation using motor vehicles, as well as the issuance and revocation of Business Licenses for road transportation using motor vehicles, vehicle identification plates, and signs; it also stipulates the announcement of bus stations.||| This Decree applies to organizations and individuals engaged in or related to road transportation business using motor vehicles.

At the proposal of the Minister of Transport;

||| 1. Transportation businesses include enterprises, cooperatives, and individual households conducting transportation business using motor vehicles.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| 2. Road transportation business using motor vehicles refers to the implementation of at least one of the main stages of transportation activities (directly managing vehicles, driving, or determining freight rates) to transport passengers and goods on roads for profit-making purposes.

Article 2. Applicability

||| 3. Fixed route is a passenger transportation route announced by the competent authority, defined by the journey, schedule, departure bus station, and arrival bus station (starting point and endpoint for bus routes).

Article 3. Explanation of Terms

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

||| 4. Fixed-route passenger transportation business using motor vehicles involves operating passenger transportation with predetermined departure and arrival bus stations and schedules.

||| 5. Fixed-route bus passenger transportation business using motor vehicles involves operating passenger transportation with designated stops for picking up and dropping off passengers, running according to a timetable with a specific distance and operational range, including intra-provincial bus routes and inter-provincial bus routes. Specifically:

||| a) Intra-provincial bus routes are bus routes operating within the territory of a province or centrally-administered city;

||| b) Inter-provincial bus routes are bus routes operating across two or three provinces or centrally-administered cities.

||| 6. Taxi passenger transportation business involves using motor vehicles with a seating capacity of less than nine seats (including the driver) to transport passengers according to the itinerary and route requested by the passenger; using a meter to calculate fares or using software to book rides, cancel trips, calculate fares, and connect directly with passengers through electronic devices.

||| 7. Non-fixed-route passenger transportation business using motor vehicles involves operating passenger transportation according to a written or electronic transportation contract (hereinafter referred to as a transportation contract or electronic contract) between a non-fixed-route passenger transportation business unit and a charterer who needs to hire the entire vehicle (including hiring a driver).

||| 8. Passenger tourism transportation business using motor vehicles involves operating according to a transportation contract or travel agency contract in written or electronic form between a passenger tourism transportation business unit and a charterer who needs to hire the entire vehicle (including hiring a driver) to transport tourists according to a tour program.

||| 9. Passenger transfer transportation is a transportation activity without charging fees, where enterprises or cooperatives engaged in fixed-route passenger transportation use motor vehicles with a seating capacity of 16 seats or fewer (including the driver) to pick up and drop off passengers at their own fixed-route passenger transportation stations or stops within the local area at both ends of the route.

||| 10. The designed load capacity of a motor vehicle is the maximum number of people and cargo weight that the vehicle can carry according to the manufacturer's specifications.

||| 11. The permitted load capacity of a motor vehicle is the maximum number of people and cargo weight that the vehicle is allowed to carry, not exceeding its designed load capacity, when operating on roads as prescribed.

||| 12. Bus station (passenger station) is a structure belonging to the road traffic infrastructure, serving the purpose of facilitating passenger pick-up and drop-off services and supporting transportation services.

||| 13. Cargo station (cargo station) is a structure belonging to the road traffic infrastructure, serving the purpose of facilitating cargo loading and unloading services and supporting cargo transportation activities.

||| 14. Rest stop is a structure belonging to the road traffic infrastructure, serving the purpose of facilitating rest and breaks for people and vehicles during road traffic participation.

||| 15. Departure time of each trip is the time mark to determine when the vehicle must leave the passenger station.

||| 16. Vehicle route is the path taken by the vehicle on a specific route, defined by the starting point, endpoint, and stops along the route.

||| 17. Vehicle schedule is the time from when the vehicle departs until the end of the route, including specific time marks corresponding to certain positions along the route.

||| 18. Vehicle timetable is the compilation of the routes and schedules of trips of various vehicles over a cycle within a specific period of time.

||| 19. Application software supporting transportation connection is application software providing protocols for connecting transportation business units, drivers with passengers or charterers; all connection activities take place in a digital environment.

||| 20. Direct management of vehicles and driving involves organizing or individuals assigning tasks to drivers to operate vehicles for transporting passengers and goods through transportation connection support application software or Transport Orders or Transportation Contracts or Waybills (Transport Documents).

||| REGULATIONS ON BUSINESS OPERATIONS FOR ROAD TRANSPORTATION USING MOTOR VEHICLES

19. Application software supporting transportation connectivity refers to application software providing connection protocols between transport business units, drivers, and passengers or transport renters; all connectivity activities take place in a digital environment.

20. Directly managing vehicles and drivers means organizing entities or individuals assigning tasks to drivers to operate vehicles for passenger or cargo transportation through application software supporting transportation connectivity, or Transport Orders, or Transportation Contracts, or Transport Documents (Transport Tickets).

Chapter II

PROVISIONS ON MOTOR VEHICLE TRANSPORTATION BUSINESS

Article 4. Passenger transportation by bus on fixed routes

1. Enterprises and cooperatives with a Business License for passenger transportation by bus, including the business of passenger transportation on fixed routes, shall be registered to operate on such routes in accordance with Article 20 of this Decree.

2. Fixed routes must start and end at bus stations from Class 1 to Class 6. For remote areas, difficult economic and social conditions areas that do not have bus stations from Class 1 to Class 6, fixed passenger transport routes may start and end at bus stations below Class 6.

3. Route management content

a) Establishing, adjusting, supplementing, and announcing the list of route networks;

b) Announcing the timetable for operating on the route and updating the route network list with contents including: the maximum number of trips allowed to be operated on the route, the minimum time interval between consecutive trips, departure times of trips already operated by participating units; list of units currently operating the route; establishing and announcing pick-up and drop-off points on the routes;

c) Monitoring and summarizing the results of transportation activities of enterprises, cooperatives, and bus stations on the route; compiling passenger volume statistics.

4. Buses engaged in passenger transportation on fixed routes

a) Must provide priority seating for persons with disabilities, elderly people, and pregnant women;

b) Must display the "FIXED ROUTE" emblem permanently affixed to the right side of the inside windshield of the vehicle;

c) Must clearly display all required information on the vehicle.

5. Vehicles used for passenger shuttle transportation must display the "SHUTTLE" emblem permanently affixed to the right side of the inside windshield of the vehicle; must clearly display all required information on the vehicle.

6. Regulations on increasing vehicles to alleviate passengers on fixed routes

a) Increasing vehicles during holidays, Tet, and national high school exams, university entrance exams: Enterprises and cooperatives operating fixed routes shall base their plans on travel demand, coordinate with bus stations to develop vehicle increase plans on the route; report to the Department of Transportation at both ends of the route for consolidation and issuance of implementation plans;

b) Increasing vehicles on weekends (Friday, Saturday, and Sunday) with sudden increases in passenger volume: Enterprises and cooperatives operating fixed routes shall base their plans on travel demand, coordinate with bus stations to develop vehicle increase plans on the route; notify the Department of Transportation at both ends of the route for implementation within the year. Based on the vehicle increase plan notified to the Department of Transportation at both ends of the route and actual passenger volume at the station, the bus station shall confirm the additional trip in the Transport Order of the enterprise or cooperative operating the route when implemented. Vehicles used for increasing capacity must be those that have been issued the "FIXED ROUTE", "CONTRACT", or "BUS PASSENGER TOURISM" emblems and are still valid.

7. Bus station business units providing support services for transportation to enterprises and cooperatives engaged in passenger transportation on fixed routes in accordance with the terms of the signed contracts; inspect compliance with vehicle and driver conditions and confirm in the Transport Order; only allow passenger-carrying vehicles to depart if they meet the conditions.

8. By July 1, 2020, for bus stations from Class 1 to Class 4, and by July 1, 2021, for remaining bus stations, must use software to manage bus stations to control vehicle entry and exit activities and provide information (including: name of bus station; name of transportation enterprise or cooperative; driver's full name; license plate number; route; departure time; actual number of passengers when departing) on the Transport Order of each operating trip at the station to the Vietnam Highway Administration. As of July 1, 2022, before departure, enterprises and cooperatives engaged in passenger transportation by bus on fixed routes must provide the following information (including: name of bus station; name of transportation enterprise or cooperative; driver's full name; license plate number; route; departure time; actual number of passengers when departing) on the Transport Order through the Ministry of Transport's software.

Article 5. Bus passenger transport services on fixed routes

1. Enterprises and cooperatives holding a Business License for automobile transportation, including bus passenger transport services on fixed routes, may participate in bidding or ordering to operate bus routes listed in the published network of routes.

2. Passenger-carrying automobiles operating bus passenger transport services

a) Must provide priority seating for persons with disabilities, elderly people, and pregnant women;

b) Must have a "BUS" emblem affixed permanently on the right side inside the front windshield of the vehicle; all information must be clearly posted on the vehicle;

c) Must have a seating capacity of 17 seats or more. The position, number of seats, standing space for passengers, and other technical regulations for buses shall comply with technical standards issued by the Ministry of Transport. For bus passenger transport services on routes that must pass over bridges with a permissible load of up to five tons or where more than fifty percent of the route is classified as fourth-class roads or lower (or urban roads with a width of seven meters or less), vehicles with a seating capacity of between twelve and under seventeen seats may be used.

3. Route management content

a) Establish, adjust, supplement, and publish the list of route networks, schedules, fares (for subsidized routes), and state policies supporting the development of public bus passenger transport services within local areas;

b) Specify and organize bidding and ordering to operate bus routes within the network;

c) Construct, maintain, and manage infrastructure serving bus operations; determine technical criteria, starting points, end points, and stops for bus routes within local areas;

d) Monitor and compile the results of passenger transport activities of enterprises and cooperatives on the routes; record passenger volume.

4. Before July 1, 2022, enterprises and cooperatives engaged in bus passenger transport services must provide information (including: name of enterprise or cooperative; driver's full name; license plate number; route operated; departure time) for each trip through the Ministry of Transport’s software.

5. Buses are prioritized for parking and stopping to pick up and drop off passengers at bus stations, railway stations, airports, ports, tourist areas, tourist attractions, accommodation facilities, tourist sites, cultural venues, sports centers, shopping malls, traffic hubs, and locations connecting with other modes of transport; they are also given priority when organizing traffic in urban areas.

Article 6. Taxi passenger transport services

1. Passenger-carrying automobiles operating taxi services

a) Must have a "TAXI" emblem affixed permanently on the right side inside the front windshield of the vehicle; all information must be clearly posted on the vehicle;

b) Must have the phrase "TAXI" made of reflective material affixed permanently on the front and rear windows of the vehicle, with the minimum size of the phrase "TAXI" being 6 x 20 cm.

May choose to install a fixed "TAXI" light box on the roof of the vehicle with a minimum size of 12 x 30 cm. In cases where a fixed "TAXI" light box is installed on the roof of the vehicle, there is no need to affix the phrase "TAXI" on the front and rear windows of the vehicle;

c) If a passenger-carrying automobile operates more than seventy percent of its total monthly operational time in a particular locality, it must obtain a local emblem; the determination of total operational time is based on data from the vehicle's journey monitoring device.

2. Taxicabs must use fare meters

a) A fare meter must be installed on the vehicle, which has been inspected and sealed by the authorized measurement agency; the vehicle must also have a printing device connected to the fare meter; the fare meter and printer must be securely mounted in a location easily visible to passengers; drivers must print out receipts and hand them to passengers upon completion of the journey;

b) Receipts must include the following minimum information: Name of transport service provider, license plate number, distance traveled (km), and total amount payable by the passenger.

3. Taxicabs must use software to book rides, cancel trips, and calculate fares (hereinafter referred to as fare calculation software)

a) The vehicle must have equipment directly connected to passengers for booking rides and canceling trips;

b) Fare calculation is based on the determined distance on digital maps;

c) The fare calculation software must comply with legal provisions on electronic transactions; the interface for passengers must display the name or logo of the transport service provider and must provide passengers with the following minimum information before transporting: Name of transport service provider, driver's full name, license plate number, route, distance traveled (km), total amount payable by the passenger, and contact number for handling complaints.

4. Upon completion of the journey, enterprises and cooperatives using fare calculation software must send an electronic receipt for the trip to the passenger via the software, while simultaneously sending relevant information about the receipt to the Tax Authority according to the regulations of the Minister of Finance.

5. Enterprises and cooperatives providing taxi passenger transport services must notify the Department of Transport issuing the Business License of the fare calculation method used on their taxis prior to commencing transport operations.

6. Taxicabs are prioritized for parking and stopping to pick up and drop off passengers at bus stations, railway stations, airports, ports, tourist areas, tourist attractions, accommodation facilities, tourist sites, cultural venues, sports centers, shopping malls; they are also given priority when organizing traffic in urban areas.

Article 7. Passenger transport services under contracts

1. Motor vehicles for passenger transport services under contracts

a) Must have the "CONTRACT CAR" emblem affixed permanently on the right side of the front windshield of the vehicle; other information must be posted on the vehicle;

b) Must have the phrase "CONTRACT CAR" made of reflective material affixed permanently on the front and rear windows of the vehicle; the minimum size of the phrase "CONTRACT CAR" is 06 x 20 cm;

c) Shall comply with the provisions set out at point c, Clause 1, Article 6 of this Decree.

2. Transport contracts must be negotiated and signed before the transport service is performed between the passenger transport service provider under contract and the customer who rents the entire vehicle (including renting the driver).

3. The passenger transport service provider under contract and the driver

a) May only enter into transport contracts with customers who rent the entire vehicle (including renting the driver); may only pick up and drop off passengers at the locations specified in the signed transport contract;

b) Shall not collect passengers outside the list attached to the signed contract provided by the passenger transport service provider; shall not confirm reservations for individual passengers traveling by car, nor sell tickets or collect money from individual passengers traveling by car in any form; shall not establish fixed routes or schedules to serve multiple passengers or different rental customers;

c) Shall not regularly pick up and drop off passengers daily at the main office, branch office, representative office, or at a fixed location rented or cooperatively operated by the passenger transport service provider;

d) Within one month, each motor vehicle shall not perform more than 30% of its total trips with overlapping starting points and ending points within the same street (road), alley (lane) in urban areas; the determination of overlapping starting and ending points is based on data from the vehicle's journey monitoring device and the signed transport contract.

4. When transporting passengers, in addition to the documents required to be carried according to the Road Traffic Law, the driver must also comply with the following provisions:

a) Carry the written transport contract signed by the passenger transport service provider (except in cases stipulated at point c of this clause);

b) Carry the passenger list stamped with the confirmation seal of the passenger transport service provider (except in cases stipulated at point c of this clause);

c) In case of using an electronic contract, the driver must have a device to access the content of the electronic contract and the accompanying passenger list provided by the passenger transport service provider;

d) The driver is exempted from applying the provisions at point a, point b, and point c of this clause when performing transport contracts serving funerals or weddings.

5. The passenger transport service provider under contract must provide all the minimum contents of the transport contract as prescribed in Clause 2 (excluding point e, point g) of Article 15 of this Decree to the Department of Transportation where the Business License for passenger transport is issued in writing or via email (Email). From January 1, 2022, the passenger transport service provider under contract must provide all the minimum contents of the transport contract through the software of the Ministry of Transportation.

6. The passenger transport service provider under contract and drivers transporting students, trainees, staff, workers to school or work

a) Before implementing the contract, the transport service provider must notify once the minimum contents of the contract as prescribed in Clause 2 (excluding point e, point g) of Article 15 of this Decree; must re-notify if there are changes in the route, time of transport, or stops for picking up and dropping off passengers;

b) Shall transport the correct target group (students, trainees, staff, workers going to school or work) and shall not implement the provisions set out at point c, point d of Clause 3, point b, point c of Clause 4, and Clause 5 of this Article.

7. Except for emergency rescue operations and urgent tasks such as natural disasters or enemy attacks as requested by competent authorities, contract cars shall not pick up or drop off passengers outside the locations specified in the contract.

8. The Department of Transportation shall notify the list of vehicles granted the "CONTRACT CAR" emblem to the People's Committee of communes, wards, towns where the passenger transport service provider has its main office or branch offices for coordinated management.

Article 8. Operating tourist passenger transport by motor vehicles

1. Motor vehicles operating tourist passenger transport

a) Must have a sign "TOURIST PASSENGER MOTOR VEHICLE" affixed permanently on the right side inside the front windshield of the vehicle; must display information on the vehicle.

b) Must affix (permanently affixed) the phrase "TOURIST VEHICLE" made of reflective material on the front and rear windows of the vehicle; with the minimum size of the phrase "TOURIST VEHICLE" being 06 x 20 cm;

c) Shall comply with the provisions set out at point c, Clause 1, Article 6 of this Decree.

2. Transportation contracts or travel agency contracts must be negotiated and signed before transportation is carried out between the entity operating tourist passenger transport by motor vehicles and the person renting transport who wishes to rent the entire vehicle trip (including renting the driver).

3. Entities operating tourist passenger transport by motor vehicles, tourism and travel agencies, and drivers

a) May only enter into transportation contracts with persons renting transport who wish to rent the entire vehicle trip; may only pick up and drop off passengers at the correct locations specified in the transportation contract or travel agency contract already signed;

b) Shall not collect passengers outside the list attached to the contract provided by the transport business entity; shall not confirm seat reservations for individual passengers traveling on the vehicle, nor sell tickets or collect money from individual passengers traveling on the vehicle under any form;

c) In cases where motor vehicles are used to transport tourist passengers with the starting point and endpoint of the trip not within the scope of one province or centrally governed city, they shall not regularly pick up and drop off passengers daily at the main office, branch office, representative office, or other fixed location rented or cooperatively operated by the transport business entity;

d) Within one month, each motor vehicle operating tourist passenger transport with the starting point and endpoint of the trip not within the scope of one province or centrally governed city shall not carry out more than 30% of the total number of trips of that vehicle with overlapping starting points and endpoints, the overlap range being calculated at one location or multiple locations along the same street (road), alley (lane) in urban areas; the determination of overlapping starting points and endpoints is carried out through data from the vehicle's journey monitoring device and the signed transportation contract.

4. When transporting tourist passengers, in addition to carrying the documents required by the Road Traffic Law, the driver must also comply with the provisions set forth in Point a, Point b, and Point c Clause 4 Article 7 of this Decree.

5. The entity operating tourist passenger transport must comply with the provisions set forth in Clause 5 Article 7 of this Decree before carrying out passenger transport.

6. Motor vehicles operating tourist passenger transport are prioritized to arrange parking spaces to pick up and drop off tourist passengers, serving sightseeing tours at airports, ports, railway stations, bus stations, tourist areas, tourist sites, tourist accommodation facilities, and are allowed to operate without time restrictions on routes leading to tourist sites, tourist accommodation facilities, and service supply points according to local government regulations.

7. Apart from emergency medical services and urgent tasks such as disaster relief and enemy threats as requested by competent authorities, motor vehicles transporting tourist passengers shall not pick up or drop off passengers outside the locations listed in the contract.

8. The Department of Transport shall notify the list of vehicles granted the sign of tourist passenger motor vehicles to the People's Committee of the commune, ward, town where the transport business entity has its main office or branch office for coordinated management.

Article 9. Business of transporting goods by motor vehicles

1. Business of transporting goods by taxi trucks involves using motor vehicles with a carrying capacity of up to 1,500 kilograms to transport goods, with the person hiring the transportation paying the driver according to the meter or through software on the vehicle. The exterior sides of the vehicle or its doors must display the words "TAXI TẢI", contact phone number, and the name of the business entity.

2. Business of transporting oversized and overweight goods

a) Business of transporting oversized and overweight goods involves using suitable motor vehicles to transport goods that exceed specified size or weight limits but cannot be disassembled.

b) When transporting oversized and overweight goods, the driver must carry a valid Permit for Circulation (Road Usage Permit) issued by the competent authority.

3. Business of transporting dangerous goods involves using motor vehicles to transport goods containing hazardous substances that can cause harm to human life and health, the environment, national security, and safety. Motor vehicles engaged in the business of transporting dangerous goods must hold a Dangerous Goods Transport Permit issued by the competent authority.

4. Business of transporting goods by container involves using tractor-trailers or semi-trailers to transport containers.

5. Ordinary business of transporting goods refers to the business of transporting goods other than those specified in Clauses 2, 3, and 4 of this Article.

6. Motor vehicles engaged in the business of transporting goods by container must display the emblem "CONTAINER VEHICLE", tractor-trailers or semi-trailers engaged in the business of transporting goods must display the emblem "TRACTOR TRAILER", and general cargo trucks and taxi trucks must display the emblem "TRUCK" and affix it firmly on the right side of the front windshield of the vehicle; all information on the vehicle must be clearly posted in accordance with the guidelines of the Minister of Transport.

7. Transport businesses must be responsible for loading goods onto motor vehicles in accordance with the guidelines of the Minister of Transport.

8. Transport businesses must provide drivers with a Transport Document (Cargo Document) during the transportation of goods. The Transport Document (Cargo Document) must bear the confirmation (signature, full name) of the quantity of goods loaded onto the means of transport by the consignor (or their authorized representative) or the representative of the entity or individual responsible for loading the goods.

9. During the transportation of goods, the driver must carry a Transport Document (Cargo Document) in paper form or have equipment to access software displaying the contents of the Transport Document (Cargo Document) and the driver's and vehicle's required documents as stipulated by law. Transport businesses and drivers may not transport goods exceeding the permitted load for traffic participation.

10. For the activity of transporting bicycles, motorcycles, motorbikes, and similar vehicles through road tunnels, Clause 5 of this Article shall apply.

11. Paper or electronic Transport Documents (Cargo Documents) issued by transport businesses must include at least the following information: Name of the transport company; license plate number; name of the company or the person hiring transportation; route (starting point, end point); contract number, date of signing the contract (if applicable); type of goods and quantity transported. From July 1, 2022, before commencing transportation, transport businesses must provide all minimum content of the Transport Document (Cargo Document) through the Ministry of Transport's software.

Article 10. Limitation of Liability for Compensation for Damaged, Lost, or Shortage of Goods in Freight Transportation Business

1. The compensation for damaged, lost, or shortage of goods shall be carried out according to the transportation contract or the agreement between the freight transportation business operator and the transportation service user.

2. In cases where it is not implemented as prescribed in Clause 1 of this Article, it shall be carried out according to the court's judgment or arbitration decision.

Article 11. Provisions on Traffic Safety Assurance Work in Motor Vehicle Transport Business Operations

1. Transport businesses, passenger bus stations, cargo bus stations must establish and implement traffic safety assurance procedures.

2. The traffic safety assurance procedure must clearly reflect the following contents:

a) For transport businesses: monitoring and supervising the activities of drivers and vehicles throughout the transport business operation process; conducting pre-trip safety condition checks of motor vehicles and motor vehicle drivers (taxi transport businesses conduct checks according to their production and business plans); complying with regulations on continuous driving time and daily working hours for drivers; maintenance and repair systems for commercial motor vehicles; inspection and supervision systems for the operation of motor vehicles and drivers during the journey; having control measures to ensure that there are no passengers left on the vehicle at the end of the journey (applicable to passenger transport vehicles); training drivers in transport operations and traffic safety; having response plans for traffic accidents during transport business operations; reporting systems on traffic safety for drivers and transport managers;

b) For passenger bus station and cargo bus station businesses: checking the traffic safety conditions of motor vehicles, motor vehicle drivers, passenger luggage before departure from the station; inspection and supervision systems for the operation of motor vehicles and drivers within the station area; reporting systems on traffic safety.

3. Transport businesses

a) Motor vehicles participating in transport business operations must meet the traffic participation conditions stipulated in Clause 1 and Clause 3 of Article 53, Clause 2, Clause 3, and Clause 5 of Article 55 of the Road Traffic Law; must have seat belts at seating positions and bed positions (except for intercity buses) and provide guidance to passengers on traffic safety and emergency evacuation when incidents occur on the vehicle;

b) Not to use two-tier sleeper coach vehicles to operate on Class V and Class VI mountainous routes;

c) Drivers engaged in transport business operations must have at least two years of experience operating passenger vehicles with a design capacity of 30 seats or more (including the driver);

d) Establish and update all content regarding the operational history of vehicles and drivers within the unit into vehicle records and driver career records. Starting from July 1, 2022, updates will be conducted through the Ministry of Transport's software for managing motor vehicle transport business operations.

4. Transport businesses and drivers engaged in transport business operations must comply with daily working hours and continuous driving times as stipulated in Clause 1 of Article 65 of the Road Traffic Law. Rest periods between consecutive driving sessions are as follows:

a) For taxi drivers and intercity bus drivers, a minimum of five minutes;

b) For fixed-route passenger transport vehicle drivers, intercity bus drivers, contractual passenger transport vehicle drivers, tourist passenger transport vehicle drivers, container transport vehicle drivers, and general cargo transport vehicle drivers, a minimum of fifteen minutes.

5. The Minister of Transport shall detail provisions on establishing and implementing traffic safety assurance procedures in motor vehicle transport business operations and the implementation timeline for traffic safety assurance procedures at bus stations; define the tasks of management units overseeing traffic safety conditions; guide passengers on traffic safety and emergency evacuation when incidents occur on the vehicle; guide the establishment and updating of vehicle records and driver career records.

Article 12. Provisions on vehicle journey monitoring devices

1. Passenger-carrying commercial vehicles, cargo-carrying commercial vehicles, and shuttle buses must be equipped with vehicle journey monitoring devices.

2. Vehicle journey monitoring devices for commercial vehicles must comply with national technical standards and ensure good technical condition, operating continuously during the time the vehicle is engaged in traffic.

3. Vehicle journey monitoring devices for commercial vehicles must meet the following minimum requirements:

a) Storing and transmitting information including: route, operational speed, continuous driving time to the Ministry of Transport's (Vietnam Highway Administration) vehicle journey monitoring data system.

b) Information from vehicle journey monitoring devices is used in state management of transportation activities, management of commercial transport units, and connected and shared with the Ministry of Public Security (Traffic Police Department), the Ministry of Finance (General Department of Taxation) for state management of traffic order and safety; public security; and taxation.

4. The Vietnam Highway Administration retains violation data of vehicles for a period of three years.

5. Commercial transport units must maintain the operation of vehicle journey monitoring devices to ensure the provision of information as stipulated in point a, Clause 3 of this Article.

6. Commercial transport units and commercial transport drivers may not use technical measures, peripheral equipment, or other methods to interfere with the operation process, disrupt (or interfere with) GPS, GSM signals, or distort data from vehicle journey monitoring devices. Before operating a vehicle on the road, drivers must use their driver identification card to log in through the device's card reader and log out at the end of driving to serve as the basis for determining continuous driving time and daily working hours.

Chapter III

PROVISIONS ON CONDITIONS FOR OPERATING COMMERCIAL TRANSPORTATION BY MOTOR VEHICLES

Article 13. Conditions for operating passenger transportation by motor vehicles

1. Conditions for passenger-carrying commercial vehicles

a) Must be owned or legally used under a written lease agreement between the passenger-carrying commercial vehicle unit and organizations or individuals, or a business cooperation contract as prescribed by law.

In cases where registered vehicles belong to cooperative society members, there must be a service contract between the member and the cooperative society specifying that the cooperative has the right, responsibility, and obligation to manage, use, and operate vehicles owned by cooperative society members;

b) Passenger-carrying commercial vehicles operating on fixed routes must have a seating capacity of nine seats or more (including the driver) and have a usage age limit as follows: Not exceeding fifteen years (counted from the year of manufacture) for vehicles operating on routes over 300 kilometers, not exceeding twenty years (counted from the year of manufacture) for vehicles operating on routes up to 300 kilometers;

c) Passenger-carrying commercial vehicles using bus services must have a usage age limit not exceeding twenty years (counted from the year of manufacture);

d) Taxis must have a seating capacity of less than nine seats (including the driver) and have a usage age limit not exceeding twelve years (counted from the year of manufacture); it is not allowed to use vehicles converted from those with a seating capacity of nine seats or more into vehicles with fewer than nine seats (including the driver) or vehicles with dimensions and styles similar to those with nine seats or more for taxi operations;

đ) Passenger-carrying commercial vehicles for tourist transportation must have a usage age limit not exceeding fifteen years (counted from the year of manufacture). Passenger-carrying commercial vehicles operating on contracts must have a usage age limit as follows: Not exceeding fifteen years (counted from the year of manufacture) for vehicles operating on routes over 300 kilometers, not exceeding twenty years (counted from the year of manufacture) for vehicles operating on routes up to 300 kilometers.

Specifically, passenger-carrying commercial vehicles for tourist transportation and passenger-carrying commercial vehicles operating on contracts with a seating capacity of less than nine seats (including the driver) using electronic contracts must have a usage age limit not exceeding twelve years (counted from the year of manufacture).

2. Prior to July 1, 2021, passenger-carrying commercial vehicles with a seating capacity of nine seats or more (including the driver) must be equipped with cameras ensuring recording and storing images inside the vehicle (including the driver and vehicle doors) during the time the vehicle is engaged in traffic. Image data must be provided to police agencies, traffic inspectors, and licensing authorities to ensure open and transparent supervision. The image retention period on the vehicle must be as follows:

a) At least the last 24 hours for vehicles operating on routes up to 500 kilometers;

b) At least the last 72 hours for vehicles operating on routes over 500 kilometers.

Article 14. Conditions for Operating Freight Transport by Motor Vehicles

1. Motor vehicles used for freight transport must be owned or legally used under a written contract for the use of means of transport between the freight transport business unit and organizations, individuals, or a joint business operation as prescribed by law.

In cases where the registered vehicle belongs to a member of a cooperative, there must be a service contract between the member and the cooperative, which stipulates that the cooperative has the right, responsibility, and obligation to manage, use, and operate motor vehicles owned by the cooperative member.

2. Before July 1, 2021, container trucks and tractor units engaged in freight transport must be equipped with cameras ensuring the recording and storage of images of the driver during traffic participation. Image data must be provided to the police, traffic inspectors, and licensing authorities to ensure public and transparent supervision. The image retention period on the vehicle must meet the following requirements:

a) At least the last 24 hours for vehicles operating on routes up to 500 kilometers;

b) At least the last 72 hours for vehicles operating on routes over 500 kilometers.

Chapter IV

PROVISIONS ON TRANSPORT CONTRACTS

Article 15. General Provisions on Transport Contracts

1. A transport contract for passengers or goods (in paper or electronic form) is an agreement among the parties involved in signing the contract; according to which, the transport business unit will carry passengers, luggage, or goods to the agreed destination, and the passenger or the person hiring transport must pay the transportation fee.

2. A transport contract for passengers or goods must include the following minimum contents:

a) Information about the transport business unit entering into the contract: Name, address, phone number, tax code, representative signing the contract;

b) Driver information: Full name, phone number;

c) Information about the passenger or the person hiring transport (organization or individual): Name, address, phone number, tax code (if applicable);

d) Vehicle information: License plate number and carrying capacity (payload);

đ) Contract implementation information: Start and end time of the contract (date, hour); starting point address, final point address, and pick-up/drop-off points for passengers (or loading/unloading points for goods) along the route; distance of the route (km); number of passengers (or volume of transported goods);

e) Information on the value of the contract and payment methods;

g) Provisions on the responsibilities of the parties involved in implementing the transport contract, including the fulfillment of tax obligations to the state; rights, obligations of the carrier, passenger, or the person hiring transport; contact phone number for receiving complaints, grievances, and reports from passengers; commitment to fulfill the contract and provisions on compensation for damages to the person hiring transport and passengers.

3. Minimum information of the transport contract for passengers or goods is used in state management of transport activities and provided to competent authorities upon request; provided to price control agencies, tax authorities, police, and traffic inspectors when required.

Article 16. Provisions on Implementing Electronic Contracts

1. Electronic contracts are implemented in accordance with this Decree and other relevant laws.

2. Transport business units using electronic contracts

a) Must provide a software interface for passengers or the person hiring transport that fully displays the business unit's name or logo, emergency contact phone number, and the minimum contents as prescribed in Clause 2 of Article 15 of this Decree;

b) Must send electronic invoices for the trip to the account of the passenger or the person hiring transport and report electronic invoice information to the Tax Authority as prescribed by the Minister of Finance;

c) Must store electronic contract data for at least three years.

3. Drivers operating transport using electronic contracts

a) Must comply with the provisions of Clause 4 of Article 7 or Clause 4 of Article 8 of this Decree;

b) Must provide electronic contract information to enforcement forces when requested.

4. Persons hiring transport or passengers participating in electronic contract formation

a) Must use equipment to access the software interface displaying all contents of the electronic contract;

b) When signing an electronic contract with a transport business unit, they must comply with the provisions of the law.

Chapter V

PROVISIONS ON ISSUING, REVOKING BUSINESS LICENSES FOR MOTOR VEHICLE TRANSPORTATION, BADGES, SIGNS; ANNOUNCING BUS STATIONS; REGISTERING EXPLOITATION, SUSPENDING OPERATIONS, TERMINATING ROUTE OPERATIONS FOR FIXED PASSENGER TRANSPORT

Article 17. Issuance of Business License for Road Transport by Motor Vehicles

1. Enterprises and units engaged in passenger transport and cargo transport must have a Business License for Road Transport by Motor Vehicles (hereinafter referred to as the Business License).

2. The contents of the Business License include:

a) Name and address of the business unit;

b) Business Registration Certificate (Enterprise Registration Certificate) including: Number, date, month, year, issuing authority;

c) Legal representative;

d) Forms of business operation;

đ) Issuing authority of the Business License.

3. The competent authority to issue the Business License is the Department of Transportation of provinces and centrally governed cities.

Article 18. Documents for Application for Issuance and Reissuance of Business License

1. Documents for application for issuance of the Business License for enterprises and cooperatives engaged in transport business include:

a) Application form for issuance of the Business License according to the model prescribed in Appendix I of this Decree;

b) Copies of certificates and diplomas of persons directly managing the transport activities;

c) Original or copy of the Decision on establishment and regulations on functions and tasks of the management department overseeing traffic safety conditions (applicable to enterprises and cooperatives engaged in fixed route passenger transport, bus transport, taxi transport, containerized cargo transport, and passenger transport using electronic contracts).

2. Documents for application for issuance of the Business License for individual households engaged in transport business include:

a) Application form for issuance of the Business License according to the model prescribed in Appendix I of this Decree;

b) Copy of the Business Registration Certificate.

3. Documents for application for reissuance of the Business License due to changes in the contents of the Business License include:

a) Application for reissuance of the Business License stating clearly the reasons for requesting reissuance according to the model prescribed in Appendix I of this Decree;

b) Documentation proving the changes in the contents recorded in the Business License as stipulated in Clause 2 of Article 17 of this Decree (supplementing documentation related to the changed content).

4. In case of reissuance of the Business License due to loss or damage, the documents include: Application for reissuance of the Business License according to the model prescribed in Appendix I of this Decree.

5. In case of reissuance of the Business License due to revocation or confiscation of the right to use, the application for reissuance of the Business License includes:

a) For enterprises and cooperatives engaged in transport business, follow the provisions of Clause 1 of this Article; for individual households engaged in transport business, follow Clause 2 of this Article;

b) Documentation proving the rectification of violations that were the cause of revocation or confiscation of the right to use the Business License.

Article 19. Procedures for Issuance, Reissuance, and Revocation of Business License

1. Procedure for issuance of the Business License:

a) The transport business unit submits one set of application documents for issuance of the Business License to the issuing authority. In case the documents need to be supplemented or modified, the issuing authority will notify directly or in writing or through the online public service system the required modifications within three working days from the date of receipt of the documents;

b) Within five working days from the date of receiving complete and correct documents, the issuing authority will review the documents and issue the Business License for Road Transport by Motor Vehicles according to the model prescribed in Appendix II of this Decree. If the Business License is not issued, the issuing authority must respond in writing or through the online public service system and specify the reasons.

2. Procedure for reissuance of the Business License when there are changes related to the contents of the Business License or the Business License has been revoked or confiscated follows the provisions of Clause 1 of this Article.

3. Procedure for reissuance of the Business License in case of loss or damage of the Business License:

a) The transport business unit submits one set of application documents for reissuance of the Business License to the Department of Transportation where the main office or branch office is located. In case the documents need to be supplemented or modified, the issuing authority will notify directly or in writing or through the online public service system the required modifications within two working days from the date of receipt of the documents;

b) Within three working days from the date of receiving complete and correct documents, the issuing authority will issue the Business License for Road Transport by Motor Vehicles according to the model prescribed in Appendix II of this Decree. If the Business License is not issued, the issuing authority must respond in writing or through the online public service system and specify the reasons.

4. The issuing authority checks the information on the Business Registration Certificate or Enterprise Registration Certificate on the National Enterprise Registration Information Portal before issuing the Business License.

5. Acceptance of documents and delivery of results shall be carried out at the issuing authority's office or through postal services or other appropriate methods as prescribed. In case of direct submission of documents at the issuing authority's office or through postal services, the staff responsible for accepting documents will update the information of the documents accurately into the Ministry of Transport's online public service system.

The issuing authority processes the documents and issues the Business License on the Ministry of Transport's online public service system.

6. A transport business unit shall have its Business License revoked indefinitely in any of the following cases:

a) Providing copies that do not match the originals or providing false information in the application documents for issuance of the Business License;

b) Not engaging in transport business for six months from the date of issuance of the Business License or ceasing transport business continuously for six months;

c) Ceasing operations as prescribed by law or upon request of the transport business unit;

d) Tampering with or altering data from cameras installed on vehicles before, during, and after data transmission.

7. The agency issuing the Business License shall revoke the Business License issued by itself and follow the following procedures:

a) Issue a decision to revoke the Business License;

b) Send the decision to revoke the Business License to the transport business unit and must publish the information on the Department of Transport's website;

c) Report to the General Department of Roads of Vietnam, the People's Committee of the province, and notify the relevant agencies of the revocation decision for coordination in implementation;

d) When the agency issuing the Business License issues a decision to revoke the Business License, the transport business unit must return the Business License and vehicle identification plates to the issuing agency simultaneously ceasing all transport business activities according to the revocation decision immediately upon its effectiveness.

8. A transport business unit subject to administrative penalty by an authorized authority in the form of revoking the right to use the Business License for automobile transport must cease all transport business activities according to the penalty decision. After the period of revocation has expired, if the transport business unit wishes to continue participating in transport business, it must go through the procedures to reissue the Business License as stipulated in Clause 1 and Clause 2, Article 18 of this Decree and must provide additional documentation proving the correction of the violation that was the cause of the revocation.

9. During the period when a transport business unit is subject to administrative penalty by an authorized authority in the form of revoking the right to use the Business License for automobile transport, the Department of Transport will not issue again the Business License and various types of vehicle identification plates for the type of business that has been revoked.

Article 20. Procedures for registering and suspending operation of fixed-route passenger transport services

1. Based on the list of fixed-route passenger transport service networks "timetable" published, enterprises and cooperatives with a Business License for automobile transport services under the fixed route model have the right to choose departure times and register to operate routes at times when there are no other units operating.

2. For new routes not included in the network list already announced by the competent authority:

a) Enterprises and cooperatives engaged in transport services develop plans and reach agreement with terminal stations at both ends of the route regarding departure times, which are then submitted to the Department of Transport at both ends of the route for registration to operate the route in accordance with regulations;

b) In cases where enterprises and cooperatives cannot agree on departure times with terminal stations, the Department of Transport decides on departure times based on proposals from the transport units;

c) The Department of Transport (where the transport business unit's main office or branch is located) issues vehicle identification plates, updates, and supplements the detailed route list as stipulated in Point a and Point b, Clause 3, Article 4 of this Decree, and reports to the Ministry of Transport, the provincial People's Committee for consideration of updating and announcing the network list according to the guidelines of the Minister of Transport.

3. Documents for registering to operate a route include:

a) Route operation registration form as prescribed in Appendix III of this Decree;

b) Copy of the Minutes of Agreement between terminal stations at both ends of the route and the enterprise or cooperative participating in route operation (applicable to new routes).

4. The procedure for registering to operate a route applies until June 30, 2021:

a) Enterprises and cooperatives submit one set of route operation registration documents to the Department of Transport that issued the Business License to the unit;

b) Within a maximum of two working days from the date of receipt of the documents, the Department of Transport must review the documents. If the documents require amendments or additions, the Department of Transport receiving the documents directly informs or sends a written notice to the enterprise or cooperative about the necessary amendments or additions.

Within a maximum of two working days from the date of receipt of the amendment notice from the Department of Transport, the enterprise or cooperative must complete and update the documents. If more than two working days pass from the date of receipt of the notice without the enterprise or cooperative completing and updating the documents, the documents will be considered invalid, and the Department of Transport will continue to review subsequent documents in chronological order.

c) For inter-provincial fixed-route passenger transport services:

Within a maximum of three working days from the date of receipt of complete documents as required, the Department of Transport receiving the documents sends a letter to the Department of Transport at the opposite end of the route to seek opinions.

Within a maximum of two working days from the date of receipt of the opinion-seeking letter, the Department of Transport seeking opinions must send a reply. If another enterprise or cooperative registers to operate the route (overlapping routes, overlapping times), the Department of Transport seeking opinions must coordinate with the Department of Transport providing opinions to decide according to the principle that enterprises or cooperatives submitting applications earlier are reviewed and processed first in chronological order. Beyond the deadline, if there is no reply, it is deemed that the Department of Transport seeking opinions agrees.

Within a maximum of seven days from the date of receipt of complete documents as required, the Department of Transport receiving the documents issues a successful route operation registration notification (in writing) to the enterprise or cooperative, the Department of Transport at the opposite end of the route, and terminal stations at both ends of the route for coordinated management as prescribed in Appendix IV of this Decree;

d) For intra-provincial fixed-route passenger transport services: Within a maximum of three working days from the date of receipt of complete documents as required, the Department of Transport receiving the documents issues a successful route operation registration notification (in writing) to the enterprise or cooperative and terminal stations at both ends of the route for coordinated management as prescribed in Appendix IV of this Decree.

5. The procedure for registering to operate a route applies from July 1, 2021:

a) An enterprise or cooperative shall submit one set of registration application for operating a route to the Department of Transport where it has been issued a business license through the Ministry of Transport’s online public service system (direct submissions to the route management authority or submissions via postal services will not be accepted).

b) Within three working days from the date of receipt of the application, the Department of Transport must review the application. In cases where amendments or supplements are required, the Department of Transport receiving the application shall directly notify the enterprise or cooperative on the online public service system regarding the necessary amendments or supplements.

Within two working days from the date of receipt of the notification for amendments or supplements from the Department of Transport, the enterprise or cooperative must complete and update the application on the online public service system. If the enterprise or cooperative fails to complete and supplement the application within two working days from the date of receipt of the notification, the application will be deemed invalid, and the Department of Transport will continue to review subsequent applications based on the submission time on the online public service system.

c) Within three working days from the date of receipt of a complete and compliant application, the Department of Transport receiving the application shall issue a successful route operation registration notice (in writing) and send it to the enterprise or cooperative, the Department of Transport at the other end of the route (for fixed inter-provincial passenger transport routes), and the bus stations at both ends of the route for coordinated management according to the model prescribed in Appendix IV of this Decree.

Where multiple applications are submitted for the same route and departure time, the Department of Transport shall process the applications in the order of their submission times on the online public service system, with priority given to those submitted earlier.

6. The successful route operation registration notice shall take effect from the date of signature until the date when the enterprise or cooperative ceases to operate the route or in accordance with the validity period of the decision suspending the operation of the route by the Department of Transport. If the enterprise or cooperative does not commence operations within sixty days from the date of issuance of the successful route operation registration notice, the notice shall become ineffective.

7. An enterprise or cooperative may cease operations on a route or suspend one or more trips on the route.

a) An enterprise or cooperative must notify the Department of Transport and the bus stations at both ends of the route, and may only cease operations after posting a notice at the bus stations at both ends of the route for a minimum of fifteen days.

b) The Department of Transport shall update and re-publish the contents as stipulated in point a and point b of Clause 3, Article 4 of this Decree.

8. The Minister of Transport shall establish an online public service system at level 4 for the procedure of registering for operating fixed passenger transport routes, effective from July 1, 2021.

9. An enterprise or cooperative shall be suspended from operating a route and must return the route identification plate to the issuing authority if it does not engage in transportation business on the route for a continuous period of sixty days.

10. The Department of Transport issuing the business license shall issue a decision to suspend the operation of the route and send it to the transportation business operator, the Department of Transport at the other end of the route, and simultaneously publish the information on the Department of Transport's official website.

Article 21. Announcement of bus stations

1. Bus stations for passengers may only be put into operation after being announced by the Department of Transport of provinces and centrally governed cities.

2. Freight bus stations may only be put into operation after being announced by enterprises and notified to the local transport department.

3. The announcement of bus stations shall be carried out in accordance with the national technical standards on bus stations.

Article 22. Provisions on management, use, issuance, reissuance, and revocation of license plates and signs

1. Business units with a business permit for road transportation using motor vehicles shall be issued license plates and signs for motor vehicles corresponding to the type of business they have been licensed for and ensuring the following principles:

a) At any given time, each vehicle may only be issued and used one type of license plate or sign corresponding to one type of transportation business;

b) Motor vehicles with the "CONTAINER TRUCK" license plate may transport containers and other goods. Vehicles with the "TRUCK" or "TRACTOR" license plate may not transport containers;

c) Enterprises and cooperatives engaged in passenger transportation along fixed routes shall be issued transfer vehicle license plates by the transport departments at both ends of the route.

2. Validity period of license plates

a) License plates issued for motor vehicles engaged in transportation and transfer vehicles have a validity of seven years or according to the request of the transportation business unit (the requested period ranging from one year to seven years) and not exceeding the service life of the vehicle;

b) The "FIXED ROUTE" license plate issued for additional vehicles during Tet holidays has a validity of no more than thirty days; during Lunar New Year and other public holidays and national high school exams, university entrance exams, and college entrance exams, it has a validity of no more than ten days.

3. The minimum size of license plates is 9 x 10 cm.

4. The application dossier for issuing license plates must include the following components:

a) A request for issuing license plates in accordance with the form prescribed in Appendix V of this Decree;

b) A copy of the vehicle registration certificate or a copy of the receipt for the vehicle registration certificate issued by the registration authority. In cases where the vehicle does not belong to the transportation business unit, an additional copy of one of the following documents must be presented: a written lease agreement for the vehicle with an organization or individual, a service contract between members and a cooperative, or a joint venture business contract.

5. Procedures and formalities for issuing license plates

a) Transportation business units submit one set of the application dossier for issuing license plates to the Department of Transport that issued the business permit to the unit. If the dossier requires amendments or supplements, the issuing authority will notify the transportation business unit directly or in writing or through the online public service system about the required amendments or supplements within one working day from the date of receiving the dossier;

b) Within two working days from the date of receiving the complete dossier, the Department of Transport issues license plates for the vehicles as requested by the transportation business unit. If the issuance is refused, the Department of Transport will respond in writing or through the online public service system and provide the reasons.

The Department of Transport is responsible for updating information on the monitoring system of the Vietnam Highway Administration, conducting inspections, and issuing license plates only when the vehicle's monitoring device complies with all installation and data transmission regulations.

The acceptance of dossiers and delivery of results shall be conducted either directly at the issuing authority or via postal services or other appropriate methods as stipulated. In cases where dossiers are accepted directly at the issuing authority or via postal services, the dossier reception staff shall update the dossier information accurately into the online public service system of the Ministry of Transport in accordance with the regulations.

The issuing authority shall process dossiers and issue license plates on the online public service system of the Ministry of Transport;

c) The issuing authority shall check the information on the Safety Technical Inspection Certificate and Environmental Protection Certificate for motor vehicles to ensure that the vehicle meets the conditions for engaging in transportation business on the Vietnam Inspection System;

d) The issuing authority shall check the information on the status of the vehicle on the online public service system of the Ministry of Transport and the monitoring system of the Vietnam Highway Administration to handle the following cases:

If the vehicle is not registered in the system, the license plate shall be issued;

If the vehicle is already registered in the system, the Department of Transport that received the dossier shall send the information through the online public service system to the Department of Transport managing the vehicle to request confirmation and removal of the vehicle from the system. Within two working days from the date of receiving the request, the Department of Transport must respond. If it disagrees with removing the vehicle information, it must provide the reasons. The Department of Transport that received the dossier shall issue the license plate and sign after the vehicle has been removed from the system.

6. License plates shall be reissued when they expire, are lost, damaged, or when there is a change in the owner of the vehicle or the transportation business unit. The dossier, procedures, formalities, and authority for reissuing license plates shall be implemented in accordance with the provisions of Clause 4 and Clause 5 of this Article. The validity period of reissued license plates shall be in accordance with the provisions of Clause 2 of this Article. In cases of reissuing license plates upon expiration, the transportation business unit may apply for reissue within fifteen days before the expiry date of the license plate.

7. License plates shall be reissued if they are revoked or their usage rights are suspended. After the suspension period or the revocation period expires, if there is a need to continue using the vehicle for transportation business, the transportation business unit must go through the procedures to obtain a reissued license plate in accordance with the regulations. The dossier, procedures, formalities, and authority for reissuing license plates shall be implemented in accordance with the provisions of Clause 4 and Clause 5 of this Article; in cases where the reissuance is due to revocation or suspension of usage rights, the dossier must include additional documentation proving the resolution of the violation that led to the revocation or suspension of the license plate.

8. The file, procedure, process, authority for issuing and reissuing vehicle identification plates for tourist passenger transport vehicles shall be implemented in accordance with the provisions set out in the Decree detailing certain articles of the Tourism Law; in cases where the reissue of the plate is requested due to revocation or deprivation of the right to use it, additional documentation proving the correction of the violation that was the cause of the revocation or deprivation must be included in the file.

9. Department of Transport

a) Implement the issuance of identification plates according to the provisions of this Article and affix the identification plates on the passenger transport vehicles;

b) Shall not issue identification plates for vehicles during the period when the vehicle is subject to administrative penalties involving the deprivation of the right to use or revocation of the identification plates by competent authorities;

c) Send the Decision on revoking identification plates to the transport business units and must publish the information on the Department of Transport's electronic information website;

d) Send a notification to the transport business units regarding the expiration of the validity of the identification plates upon receiving notice from the competent authority about the deprivation of the right to use the identification plates and publish the information on the Department of Transport's electronic information website.

10. Transport business units shall have their identification plates revoked in any of the following circumstances:

a) All means of transport of the transport business unit shall have their identification plates revoked when the transport business unit is subject to administrative penalties involving the deprivation of the right to use the transport business license by competent authorities;

b) Identification plates of vehicles violating regulations shall be revoked if data extracted from the vehicle's travel monitoring device shows five or more violations of speed limits per 1000 kilometers driven within one month (excluding cases of speeding up to 5 km/h);

c) Identification plates of fixed-route passenger transport vehicles shall be revoked if the enterprise or cooperative does not operate on the route for sixty consecutive days.

11. Department of Transport

a) Issue decisions and revoke identification plates issued by its own agency for transport business units whose identification plates are revoked according to the provisions of Clause 10 of this Article;

b) Send the decision on revoking identification plates to the transport business units and must publish the information on the Department of Transport's electronic information website;

12. Transport business units

a) Must return the identification plates to the Department of Transport upon receipt of the decision on revoking the identification plates;

b) Shall not use vehicles for transport business operations during the period when the vehicle is subject to administrative penalties involving the deprivation of the right to use the transport business license (including the transport business license for passenger transport vehicles, identification plates) or revocation of the identification plates.

13. Data extracted from the vehicle's travel monitoring device can only be used once to determine violations. The data is extracted from the system for processing and utilizing data from the vehicle's travel monitoring device under the Vietnam Highway Administration.

14. The Minister of Transport shall stipulate the model of identification plates and provide guidance on implementation.

Chapter VI

IMPLEMENTATION

Article 23. Ministry of Transport

1. Uniformly manage passenger transport activities by motor vehicles in accordance with the provisions of this Decree.

2. Organize the construction and publication of the list of fixed-route inter-provincial passenger transport routes; the list of rest stations on national highways; develop software for managing fixed-route passenger transport; guide the organization, management, and criteria for pick-up and drop-off points on fixed routes, transport orders; inspection of compliance with conditions for passenger transport vehicles, drivers, and confirmation on transport orders.

3. Organize the application of information technology in the management of passenger transport business activities by motor vehicles. Develop infrastructure and regulations on connectivity, sharing, and integration of all travel monitoring data, images, long-term storage from cameras on vehicles, vehicle inspections, driver training and examination, issuance and revocation of driver licenses between state management agencies.

4. Issue national technical standards on: Vehicle travel monitoring devices; buses; bus stations, highway rest stops.

5. Specify and provide guidance

a) Software for managing passenger transport business activities by motor vehicles (including vehicle and driver management) and online public services;

b) Provision, management, and use of information from transport contracts, cargo waybills (transport waybills), transport orders;

c) Provision, management, and use of data from vehicle travel monitoring devices; provision, management, and use of image data from cameras installed on passenger transport vehicles; provision, management, and use of data from fixed routes from the software managing bus stations; nationwide fixed-route passenger transport management software;

d) Display information on passenger transport vehicles;

đ) Conduct training on transport operations and traffic safety for drivers and service staff on vehicles;

e) Determination of overlapping starting and ending points in passenger transport business activities according to contracts and tours.

6. Direct functional agencies

a) Inspect, check, and handle violations in the implementation of regulations on passenger transport business activities by motor vehicles as stipulated in this Decree and other relevant laws;

b) Coordinate with functional agencies of ministries, sectors, and localities to exchange and provide information on transport activities to serve specialized management work.

7. Coordinate with the Ministry of Planning and Investment and related ministries and sectors to ensure funding for the construction and maintenance of systems for processing data to facilitate the application of information technology in the management of passenger transport business activities by motor vehicles, including systems for processing data from vehicle travel monitoring devices.

8. Stipulate the color of inspection labels distinguishing passenger transport vehicles.

9. Connect and share data on the management of passenger transport business activities by motor vehicles and data from vehicle travel monitoring devices with the Ministry of Public Security (Traffic Police Corps), the Ministry of Finance (General Department of Taxation) for coordinated management.

10. Establish a dossier to submit to the Government for reporting to the Standing Committee of the National Assembly to delegate the Government to prescribe regulations on managing internal transportation activities using motor vehicles (non-commercial transportation).

Article 24. Ministry of Public Security

1. Inspect and handle violations in the implementation of regulations on business operations and conditions for operating motor vehicle transportation as stipulated in this Decree and other relevant laws.

2. Connect and share information on administrative penalties imposed on organizations and individuals engaged in motor vehicle transportation with the Ministry of Transport for coordinated management.

Article 25. Ministry of Culture, Sports and Tourism

Coordinate with provincial People's Committees to determine parking points for tourist vehicles.

Article 26. Ministry of Science and Technology

1. Take the lead in reviewing national technical standards according to the Law on Standards and Technical Regulations.

2. Take the lead in implementing taxi meter inspection activities. Conduct inspections, investigations, and handle administrative violations of inspection organizations and users of taxi meters according to the law.

3. Coordinate with the Ministry of Transport to develop national standards and national technical standards for vehicle journey monitoring equipment.

4. Coordinate with the Ministry of Transport and the Ministry of Information and Communications to prescribe and guide software for managing motor vehicle transportation business activities and online public services.

Article 27. Ministry of Information and Communications

1. Take the lead and coordinate with the Ministry of Transport to provide guidance on the use of radio frequencies, telecommunications infrastructure, and data service charges for vehicle journey monitoring devices and other communication devices used in the management and operation of motor vehicle transportation business activities.

2. Coordinate with the Ministry of Transport to prescribe and guide software for managing motor vehicle transportation business activities and online public services.

3. Take the lead and coordinate with the Ministry of Industry and Trade, the Ministry of Public Security, and the Ministry of Transport to manage and guide software application providers supporting transportation connections prescribed in Article 35 of this Decree.

Article 28. Ministry of Health

1. Prescribe and guide health standards and medical facilities for health examinations of motor vehicle transportation drivers.

2. Take the lead and coordinate with the Ministry of Transport to implement laws on healthcare for workers in motor vehicle transportation businesses.

3. Prescribe and guide first aid medical equipment and emergency medicine kits on transportation vehicles.

Article 29. Ministry of Labor, Invalids and Social Affairs

1. Coordinate with the Ministry of Transport to provide guidance on labor laws, wages, social insurance, working hours, and rest periods for workers in motor vehicle transportation activities.

2. Coordinate with the Ministry of Transport to provide guidance on implementing legal provisions concerning policies and benefits for people with disabilities, the elderly, and policy beneficiaries when using motor vehicle transportation services.

Article 30. Ministry of Finance

1. Guide software providers and transportation business operators to implement electronic contracts for the provision of electronic information to ensure strict management and full fulfillment of tax obligations.

2. Prescribe and guide the implementation of electronic invoice and ticket data connectivity for various types of passenger and cargo transportation by motor vehicles, sharing information with the Ministry of Transport for coordinated management.

3. Take the lead and coordinate with the Ministry of Transport and related ministries and sectors to ensure funding for maintaining the data processing system serving the application of information technology in the management of motor vehicle transportation business activities, including the data processing system from vehicle journey monitoring devices.

Article 31. Ministry of Industry and Trade

1. Regulations and guidance on the operation of electronic commerce services in the transportation sector.

2. Inspection, supervision, and handling of violations related to the provision of electronic commerce services in the transportation sector.

Article 32. Ministry of Planning and Investment

Take the lead and coordinate with the Ministry of Finance, the Ministry of Transport, and other relevant ministries and sectors to ensure funding for the construction of technological infrastructure to support the application of information technology in managing automobile transportation business activities, including the data processing system from vehicle tracking devices.

Article 33. Provincial People's Committee

1. Direct local functional agencies to implement management of automobile transportation activities according to this Decree and other relevant laws.

2. Develop plans for the development and management of transportation vehicles to meet the travel needs of residents and the current traffic infrastructure situation in the locality.

3. Specify regulations on the management of passenger shuttle buses within the locality.

4. Establish and publish: The list of fixed routes for intra-provincial passenger transport networks; intra-provincial bus route networks and adjacent areas; pick-up and drop-off points for transportation vehicles serving passenger pick-ups and drop-offs within the locality.

5. Manage public passenger transport activities by bus within the locality; coordinate with the People's Committees of provinces where bus routes pass through to uniformly implement tasks specified in Clause 3, Article 5 of this Decree; coordinate with the Ministry of Transport before opening bus routes with starting or ending points within airport areas.

6. Based on the actual situation in the locality, carry out:

a) Establish pick-up and drop-off locations for taxis and buses as stipulated in Clause 5, Article 5 and Clause 6, Article 6 of this Decree;

b) Specify criteria and organize management of pick-up and drop-off locations for contractual vehicles and tour buses within the locality; establish and announce pick-up and drop-off locations for contractual vehicles and tour buses in urban and town central areas;

c) Announce cargo terminal locations within the locality;

d) Establish and manage public taxi parking spots within the locality.

7. Direct the Department of Transport to base on the published list of fixed routes for inter-provincial and intra-provincial passenger transport to announce detailed information about each route on the website, including: Departure bus station, arrival bus station, itinerary; total number of trips and departure times for each trip operated by participating units, number of trips not yet operated by participating units, time interval between consecutive trips; bus station capacity within the locality (hourly and daily capacity).

8. Based on the actual situation in the locality, determine and direct the installation of surveillance cameras at fixed locations and along routes to monitor the operations of transportation vehicles within the locality.

9. Direct functional agencies to conduct inspections, supervision, and handle violations in the implementation of business and operating conditions for automobile transportation as stipulated in this Decree and other relevant laws within the locality.

Article 34. Business Units Engaging in Road Transport Using Motor Vehicles

1. Implement the provisions on business operations and business conditions stipulated in the Law on Road Traffic and this Decree.

2. When conducting business operations, they must register for tax identification number with the Tax Authority at the local level where the unit's main office or branch office is located; fulfill tax obligations as prescribed. Members of cooperatives participating in road transport using motor vehicles must also fulfill tax obligations as prescribed.

3. Transport businesses

a) Enter into labor contracts, pay various types of insurance, organize regular health check-ups, and fully implement the rights of workers (including drivers and service staff on board) according to the laws on labor;

b) Ensure the rights of passengers as prescribed by law;

c) Organize training in transportation operations and traffic safety for drivers and service staff on board; issue driver identification cards for the unit’s drivers in accordance with regulations;

d) In cases where two or more business units cooperate to jointly engage in road transport, there must be a cooperation agreement, which must include: Which unit will directly manage the operation of the vehicle, drivers for passenger and cargo transportation, determine freight rates, and other contents as stipulated in points a, b, and c of this clause.

4. Apply science and technology, use software in managing vehicles, managing drivers, storing records, electronic tickets, electronic invoices, posting information on vehicles, receiving and processing passenger feedback according to current laws.

5. Business units engaging in passenger transport using motor vehicles with a seating capacity of nine seats or more (including the driver), and business units engaging in cargo transport using container trucks and tractor units must install cameras and ensure the following requirements:

a) Record and store images in accordance with Clause 2, Article 13, and Clause 2, Article 14 of this Decree;

b) Images from cameras installed on vehicles must be transmitted at a frequency of 12 to 20 times per hour (equivalent to every 3 to 5 minutes) to the business unit and transmitted to the competent state management agency as prescribed by the Ministry of Transport, stored for a minimum of the last 72 hours; image data must be provided promptly, accurately, and not altered or distorted before, during, or after transmission;

c) Maintain the operation of the camera to ensure continuous recording and storage of images without interruption as prescribed;

d) Provide access accounts to the server for the Police Force (Traffic Police Department, Provincial Traffic Police Departments, Highway Traffic Police Departments, Highway Traffic Police Departments under provincial-level police forces), the transport sector (Ministry of Transport, Vietnam Highway Administration, Provincial Transport Departments) to serve state management, inspection, and handling of violations according to the law;

đ) Comply with information security regulations regarding passenger data as prescribed by law.

6. Business units engaging in road transport are subject to supervision and inspection by authorized agencies to ensure compliance with regulations on business operations and road transport conditions using motor vehicles and related laws.

7. Implement reporting procedures for business operations as prescribed.

Article 35. Units providing application software to support transportation connection

1. Units that only provide application software to support transportation connection (do not directly manage vehicles or drivers; do not determine transport fare) must comply with the provisions of the Law on Electronic Transactions and other relevant laws, and must meet the following requirements:

a) Record the transport requests of customers and transfer these requests to transport business units participating in the application software to support transportation connection;

b) Act as an intermediary to confirm the correct implementation of the agreed contents between transport business units and customers, ensuring the correct implementation of the published transport fare or the value of the signed contract; application software to support transportation connection for passenger transport businesses using taxis must ensure compliance with the provisions of point c, Clause 3, Article 6 of this Decree; application software to support transportation connection for passenger transport businesses under contracts and tourist passenger transport businesses must ensure compliance with the provisions of point a, Clause 2, Article 16 of this Decree;

c) Record customer evaluations of driver service quality to inform transport business units to adjust provided transport services;

d) Ensure safety and confidentiality of information for passenger data, transport business units, and drivers according to the law;

đ) Only provide application software support services for transport connection to transport business units that have been granted a Business License for road transport by motor vehicles; vehicles that have been granted identification plates and signs and ensure the regulations on business operations and conditions for transport business for each type of transport as prescribed. Do not provide application software support services for transport connection to passenger transport businesses under contracts and tourist passenger transport businesses using to confirm seat reservations for individual passengers, sell tickets, or collect money from individual passengers in any form; the provision of application software support services for transport connection to enable transport businesses to sign electronic contracts must ensure compliance with the provisions of Clause 2, Clause 3, Article 7 and Clause 2, Clause 3, Article 8 of this Decree;

e) Implement the storage of all transaction histories conducted through the application software to support transportation connection to serve inspection and supervision; the minimum retention period is two years;

g) Provide management agencies with a list of transport business units, motor vehicles, and drivers of transport units cooperating with the unit providing application software to support transportation connection or provide access accounts to the application software to support transportation connection for management agencies upon request;

h) Must provide transport business units with interfaces and tools to directly manage vehicles and drivers, negotiate, and determine transport fares with passengers and transport lessees through the application;

i) Application software to support transportation connection must ensure that drivers can perform multiple actions to accept trips only when the vehicle is stationary; when the vehicle is moving, the driver only needs to press one button to accept the trip;

k) Announce the complaint resolution process for customers, establish a system to store complaints;

2. In cases where units providing application software to support transportation connection carry out at least one of the main stages of transport activities (directly managing vehicles or drivers or determining transport fares) to transport passengers or goods on roads for profit-making purposes, they must comply with the regulations on business operations and conditions for transport business by motor vehicles as stipulated in this Decree, the Law on Electronic Transactions, and other relevant laws, and must meet the requirements specified in points c, d, e, i, and k of Clause 1 of this Article;

Chapter VII

IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Decree takes effect from April 1, 2020.

The Government's Decree No. 86/2014/NĐ-CP dated September 10, 2014, on business operations and conditions for transport business by motor vehicles ceases to be effective from the date this Decree takes effect.

2. Transport business units that have been granted a Business License before the date this Decree takes effect do not need to reapply until their licenses expire or until they need to be renewed.

3. Foreign-invested enterprises holding a Business License (Business Registration Certificate) or Investment Certificate before the date Vietnam's WTO Accession Commitment took effect, including those engaged in road transport business, may continue to operate in transport business.

4. Internal vehicle identification plates issued according to the Government's Decree No. 86/2014/NĐ-CP dated September 10, 2014, on business operations and conditions for transport business by motor vehicles cease to be valid from the date this Decree takes effect.

5. Business Licenses for road transport by motor vehicles and identification plates issued to units and motor vehicles transporting goods under non-revenue-generating transport business categories as stipulated in the Government's Decree No. 86/2014/NĐ-CP dated September 10, 2014, on business operations and conditions for transport business by motor vehicles cease to be valid; such units and vehicles are not required to obtain Business Licenses for road transport by motor vehicles and identification plates from the date this Decree takes effect.

6. Provisions on the transition regarding the issuance and use of identification plates and signs for motor vehicles engaged in transport business

a) For fixed-route vehicles, buses, taxis, trucks, container trucks, tractor-trailers, contract vehicles with a capacity of nine seats or more (including the driver), and tourist passenger transport vehicles with a capacity of nine seats or more (including the driver) that have been issued identification plates or signs before the date this Decree takes effect do not need to reissue them until they expire or until they need to be renewed.

b) For vehicles with a seating capacity of less than nine seats (including the driver) that have been issued a contract vehicle emblem or passenger tour bus emblem in accordance with Decree No. 86/2014/NĐ-CP dated September 10, 2014 of the Government on business operations and conditions for operating passenger transport by road using motor vehicles, they must reissue the emblem in accordance with this Decree and affix it permanently to the passenger transport motor vehicle. The completion time must be before July 1, 2021.

In cases where motor vehicles with a seating capacity of less than nine seats (including the driver) have been issued a contract vehicle emblem prior to the effective date of this Decree (using the fare calculation software specified in Clause 3, Article 6 of this Decree), if there is a need to operate under the taxi service model, they must reissue the taxi emblem to conduct business in accordance with the regulations.

7. Before December 31, 2021, individuals directly managing the transportation activities stipulated in Clause 4, Article 13 of Decree No. 86/2014/NĐ-CP dated September 10, 2014 of the Government on business operations and conditions for operating passenger transport by road using motor vehicles, belonging to transportation businesses holding a Motor Vehicle Passenger Transport Business License prior to the effective date of this Decree, must comply with the provisions set forth in Point d, Clause 1, Article 67 of the Road Traffic Law 2008.

8. Bus vehicles operating before the effective date of this Decree but not conforming to the provisions of Point c, Clause 2, Article 5 of this Decree are permitted to continue operating until the end of their service life as prescribed.

9. Before December 31, 2021, passenger transport motor vehicles that have been issued emblems or signs in accordance with Decree No. 86/2014/NĐ-CP dated September 10, 2014 of the Government on business operations and conditions for operating passenger transport by road using motor vehicles must have seat belts at all seating positions and bed positions (except for intra-provincial buses).

Article 37. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, relevant enterprises, and individuals are responsible for implementing this Decree./.