Decree No. 110/2006/NĐ-CP on Conditions for Operating Motor Vehicle Transport Services

DECREE

On conditions for operating motor vehicle transportation

_________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Investment Law dated November 29, 2005;

Based on the Road Traffic Law dated June 29, 2001;

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

Pursuant to the Enterprise Law dated November 29, 2005;

At the proposal of the Minister of Transport,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the conditions for operating motor vehicle transportation on the road system within the Socialist Republic of Vietnam.

Article 2. Applicability

1. This Decree applies to all enterprises and individual businesses operating motor vehicle transportation within the territory of Vietnam.

2. In cases where international treaties related to motor vehicle transportation to which the Socialist Republic of Vietnam is a party have different provisions, such provisions shall be applied according to the treaty.

Article 3. Types of motor vehicle transportation operations

Motor vehicle transportation operations include the following types:

1. Passenger transportation along fixed routes.

2. Bus passenger transportation.

3. Taxi passenger transportation.

4. Contract-based passenger transportation.

5. Tourist passenger transportation.

6. Cargo transportation.

Article 4. Definitions

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

1. Operating motor vehicle transportation involves using motor vehicles to transport passengers and cargo for remuneration.

2. Operating fixed-route passenger transportation by motor vehicle means conducting passenger transportation by motor vehicle along a route with predetermined departure and arrival points and scheduled schedules and itineraries.

3. Operating bus passenger transportation by motor vehicle means conducting fixed-route passenger transportation by motor vehicle with designated pick-up and drop-off points and according to a timetable.

4. Operating taxi passenger transportation by motor vehicle means conducting passenger transportation by motor vehicle according to the itinerary and schedule requested by the passenger; fares are calculated based on a meter.

5. Operating contract-based passenger transportation by motor vehicle means conducting non-fixed-route passenger transportation by motor vehicle carried out under a transportation contract.

6. Enterprises are business units established in accordance with the Enterprise Law and the Cooperative Law.

Chapter II

CONDITIONS FOR OPERATING MOTOR VEHICLE TRANSPORTATION

Article 5. General Conditions for Operating Motor Vehicle Transportation

Enterprises and individual businesses operating motor vehicle transportation must meet the following conditions:

1. Registering business in the motor vehicle transportation sector in accordance with the law.

2. Ensuring the quantity and quality of vehicles appropriate to the type of operation.

3. Ensuring the number of drivers and onboard service staff appropriate to the enterprise's business plan:

a) Drivers and onboard service staff must have clear records confirmed by local authorities (ward or commune level); possess a health certificate meeting labor requirements from a competent health authority; and have a written labor contract with the employer;

b) Drivers cannot be individuals prohibited from practicing their profession according to the law during a specified period.

4. Individuals directly managing the transportation activities of the enterprise must have a professional qualification in transportation at the college level or higher.

5. Having parking facilities suitable to the scale of the enterprise or individual business, ensuring fire prevention and environmental sanitation requirements.

Article 6. Conditions for Operating Fixed-Route Passenger Transportation

Only enterprises meeting the following conditions may operate fixed-route passenger transportation:

1. Meeting the conditions stipulated in Article 5 of this Decree.

2. Ensuring sufficient vehicles to implement the fixed-route operation plan registered with the route management authority; vehicles must have fixed-route operation insignia and logbooks as prescribed by the Ministry of Transport.

3. The age of use of motor vehicles must not exceed the following limits:

a) For distances over 300km:

- Not more than 15 years for motor vehicles manufactured for passenger transport;

- Not more than 12 years for motor vehicles converted before January 1, 2002 from other types of vehicles to passenger transport vehicles.

b) For distances up to 300km:

- Not more than 20 years for motor vehicles manufactured for passenger transport;

- Not more than 17 years for motor vehicles converted before January 1, 2002 from other types of vehicles to passenger transport vehicles.

4. Onboard service staff must be trained professionally and issued a certificate as prescribed by the Ministry of Transport.

Article 7. Conditions for Operating Passenger Transport Services Using Buses

Only enterprises that meet the following conditions shall be permitted to operate passenger transport services using buses:

1. Meeting the conditions as prescribed in Article 5 of this Decree.

2. Vehicles must have at least 17 seats and floor area designated for standing passengers according to specified standards, and must be registered with the Department of Transportation or the Department of Transport and Public Works with distinctive paint colors.

3. Having sufficient vehicles to ensure bus transport operations according to schedules set by the Department of Transportation or the Department of Transport and Public Works and registered with these departments.

4. Vehicles must comply with the usage period as stipulated in point b, Clause 3, Article 6 of this Decree.

5. Being approved by the People's Committee of the province or the authorized state management agency on transportation to participate in operating passenger transport services using buses.

6. Bus service staff must undergo specialized training and obtain certificates as prescribed by the Ministry of Transport.

Article 8. Conditions for Operating Passenger Transport Services Using Taxis

Only enterprises that meet the following conditions shall be permitted to operate passenger transport services using taxis:

1. Meeting the conditions stipulated in Article 5 of this Decree.

2. Taxi vehicles must not exceed 8 seats (including the driver's seat), equipped with a meter certified and sealed by the competent authority, and must have a roof sign displaying "TAXI" or "Meter TAXI".

3. Must have a license plate issued by the competent authority.

4. Taxi vehicles must not exceed 12 years of usage period.

5. Must register the vehicle's paint color, company emblem, and contact number for customers.

6. Taxi drivers must undergo training and obtain certificates regarding communication and customer service skills as prescribed by the Ministry of Transport.

Article 9. Conditions for Operating Contract-Based Passenger Transport Services

Only enterprises and individual businesses that meet the following conditions shall be permitted to operate contract-based passenger transport services:

1. Meeting the conditions stipulated in Article 5 of this Decree.

2. When operating, vehicles must carry a written transport contract specifying time, departure point, destination, number of passengers, fare, and route.

3. Vehicles must comply with the usage period as stipulated in Clause 3, Article 6 of this Decree.

4. Contract-based passenger transport vehicles must display the contract vehicle identification tag as prescribed by the Ministry of Transport.

5. Service staff on board must undergo specialized training and obtain certificates as prescribed by the Ministry of Transport.

Article 10. Conditions for Operating Tourist Passenger Transport Services

Only enterprises and individual businesses that meet the following conditions shall be permitted to operate tourist passenger transport services.

1. Meeting the conditions stipulated in Article 5 of this Decree.

2. When operating, vehicles must carry a written transport contract or service program specifying time, departure point, destination, number of passengers, fare, and route.

3. Vehicles must comply with the usage period as stipulated in Clause 3, Article 6 of this Decree and meet safety technical standards, environmental protection requirements, and service quality criteria.

4. Tourist passenger transport vehicles must display the identification tag as prescribed by the Ministry of Transport.

5. Other conditions as prescribed by laws on tourism.

Article 11. Conditions for Operating Cargo Transport Services

Only enterprises and individual businesses that meet the following conditions shall be permitted to operate cargo transport services:

1. Meeting the conditions stipulated in Article 5 of this Decree.

2. Vehicles used for cargo transport must comply with the regulations on usage periods as stipulated in Government Decree No. 23/2004/NĐ-CP dated October 13, 2004, concerning the usage periods of trucks and passenger vehicles.

3. Cargo transport vehicles (excluding taxi cargo vehicles) must carry a written cargo transport contract specifying contract number, transport time, departure point, destination, cargo volume, route, and fare signed between the enterprise or individual business and the cargo owner or their representative.

Chapter III

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS

Article 12. Responsibilities of the Ministry of Transport

1. Issuing relevant regulations and managing the activities of various types of passenger transport services by motor vehicles as prescribed in Article 3 of this Decree.

2. Cooperating with the Ministry of Finance to guide price declaration, ticket models, price posting, and inspection of compliance with registered prices as prescribed by law for enterprises and individual businesses operating passenger transport services by motor vehicles.

3. Cooperating with the Ministry of Planning and Investment to manage enterprises and individual businesses operating passenger transport services by motor vehicles.

4. Cooperating with the Vietnam National Administration of Tourism to guide and inspect enterprises and individual businesses operating tourist passenger transport services to comply with the provisions of Article 10 of this Decree and other regulations of the tourism sector on tourist passenger transport services.

5. Cooperating with the People's Committees of provinces and centrally-administered cities to implement management, monitoring, inspection, and supervision of passenger transport service operations by motor vehicles in accordance with this Decree and related laws.

Article 13. Responsibilities of the Ministry of Planning and Investment

1. Guiding competent authorities to issue business registration certificates as prescribed in Article 3 of this Decree.

2. Cooperating with the People's Committee of the province or centrally-administered city to direct local business registration certificate issuing agencies to promptly notify enterprises and individual businesses that have registered (or temporarily ceased registration) with the Department of Transportation or the Department of Transport and Public Works for coordinated management.

Article 14. Responsibilities of the Ministry of Finance

Guiding price declaration, ticket models, price posting, and inspection of compliance with registered prices as prescribed by law for enterprises and individual businesses operating passenger transport services by motor vehicles.

Article 15. Responsibilities of the Tourism Administration

Guide the inspection of businesses and households engaged in tourist transportation to comply with the provisions of Article 10 of this Decree and other regulations of the tourism sector concerning tourist transportation.

Article 16. Responsibilities of Provincial People's Committees

Direct local functional agencies to implement management, monitoring, inspection, and supervision activities related to road transport business conditions in accordance with the provisions of this Decree and relevant laws. Regulations on bus fare operating within the local area.

Chapter IV

INSPECTION AND CHECK OF BUSINESS CONDITIONS

COMPLAINTS, REPORTS; REWARDS AND VIOLATION HANDLING

Article 17. Inspection and checking of automobile passenger transport business operations

1. Ministries, sectors, and provincial People's Committees are responsible for organizing inspections, checks, and handling violations within their authority.

2. The content of inspections and checks includes compliance with the provisions of this Decree and other relevant laws concerning automobile passenger transport business operations as stipulated in Article 3 of this Decree.

3. Conducting inspections and checks of automobile transport businesses and households must comply with current legal regulations.

Article 18. Complaints and reports

1. Organizations and individuals have the right to file complaints against those with authority regarding the implementation of this Decree according to the law on complaints and reports.

2. Individuals have the right to report to competent state agencies about violations of this Decree by other organizations and individuals; about illegal acts of state administrative management personnel according to the law on complaints and reports.

Article 19. Rewards and violation handling

1. Organizations and individuals who achieve success in implementing this Decree will be rewarded according to the law on commendation and rewards.

2. Any violation of the provisions of this Decree shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

3. Anyone who abuses their position or power to violate the provisions of this Decree and other relevant laws shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Decree takes effect 15 days from the date of publication in the Official Gazette and replaces Government Decree No. 92/2001/NĐ-CP dated December 11, 2001, on Conditions for Operating Passenger Transport by Automobile. All previous regulations that conflict with this Decree are abolished.

2. Businesses and households currently operating passenger transport under the types specified in Article 3 of this Decree must ensure compliance with business conditions as prescribed within 120 days from the effective date of this Decree.

Article 21. Responsibility for Implementation

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