Circular No. 12/2004/TT-BGTVT guiding traffic inspectors to implement Directive No. 01/2004/CT-TTg of the Prime Minister on rectifying inter-provincial passenger transport activities by motor vehicles

CIRCULAR

Guidelines for traffic inspectors to implement Directive No. 01/2004/CT-TTg of the Prime Minister on rectifying passenger transport activities by bus across provinces

of the Prime Minister regarding rectifying passenger transport activities by bus across provinces

inter-provincial passenger transport by automobile

Implementing Clause c, Point 1 of Directive No. 01/2004/CT-TTg dated January 2, 2004 of the Prime Minister on rectifying passenger transport activities by bus across provinces; To ensure that traffic inspectors perform their tasks within their authority and operate effectively, contributing to rectifying passenger transport activities by bus across provinces, the Ministry of Transport provides guidance as follows:

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides traffic inspectors to carry out inspection, supervision, and handling of violations related to passenger transport activities by bus across provinces at bus stations, rest stops, pick-up and drop-off points (including illegal bus stations and unauthorized pick-up and drop-off points) and random inspections at toll stations for bridges and highways.

2. Subjects of Inspection and Supervision

2.1. Organizations, enterprises, cooperatives, individuals (hereinafter referred to collectively as enterprises) engaged in commercial passenger transport activities by bus across provinces, including enterprises operating bus stations and rest stops.

2.2. Drivers and service staff on inter-provincial bus services.

3. Duties and Authorities of Traffic Inspectors

Traffic inspectors perform duties and authorities of inspection, supervision, and handling of violations concerning road passenger transport activities in accordance with the Road Traffic Law, Decree No. 136/2004/NĐ-CP dated June 16, 2004 of the Government on the organization and operation of traffic inspectors, and Decree No. 15/2003/NĐ-CP dated February 19, 2003 of the Government on administrative penalties for violations of road traffic regulations; they have the right to recommend measures to address violations according to the provisions on responsibilities and forms of handling for organizations and individuals when violating management and business operations of inter-provincial passenger transport by bus issued together with Decision No. 3633/2003/QĐ-BGTVT dated December 2, 2003 of the Minister of Transport.

In addition to the aforementioned duties and authorities, traffic inspectors under the Department of Transport (Department of GTVT) or Department of Transport and Public Works (Department of GTCC) also perform other tasks as prescribed by provincial People's Committees.

4. Activities of Inspection and Supervision by Traffic Inspectors

4.1. When conducting regular inspections and supervision at bus stations, rest stops, pick-up and drop-off points, traffic inspectors must comply with the following regulations:

a) They must organize themselves into inspection and supervision teams based on the transportation management areas assigned to them.

b) The inspection and supervision teams handle violations within their authority; if the violation exceeds their authority, they must transfer the case file to a higher-level agency or another competent agency for handling and report the results to the higher-level agency as required.

c) Individual inspectors may not conduct inspections and supervision on their own initiative. Upon discovering any violations, the inspector must immediately inform the direct leader or the competent authority.

4.2. When conducting periodic or random inspections and supervision of enterprises participating in inter-provincial passenger transport activities by bus, a team must be established according to the decision of the competent authority as follows:

a) Periodic inspection and supervision teams for enterprises are established according to the decision of the Director of the Vietnam Highway Administration (VHA) or the Director of the Department of GTVT, Department of GTCC within the scope of inter-provincial passenger transport management assigned to them and must follow the legal regulations on inspection and supervision.

b) Random inspection and supervision teams for enterprises are established according to the decision of: the Head of the Traffic Inspectorate of the Department of GTVT, Department of GTCC within the local area; the Chief of the Traffic Inspectorate of the Highway Management Zone within the assigned scope and must coordinate with the Traffic Inspectorate of the Department of GTVT, Department of GTCC. Random inspections and supervision of enterprises are carried out in the following cases:

When enterprises frequently exhibit signs of violating regulations on inter-provincial passenger transport by bus such as: putting vehicles without the necessary conditions into passenger transport operations, writing characters, hanging signs on buses not in accordance with registered routes, allowing drivers to run off route, lacking driving logs; establishing illegal bus stations, allowing drivers to pick up and drop off passengers outside designated locations, overloading passengers, selling seats...

When instructed by competent state management agencies to strengthen inspection and supervision of inter-provincial passenger transport by bus.

Upon receiving requests or reports from mass media or letters of complaint from passengers, organizations, or individuals.

c) Random inspections at toll stations are conducted according to the decision of the Director of the Vietnam Highway Administration. Male. 

d) After completing periodic or random inspections and supervision of enterprises participating in inter-provincial passenger transport activities by bus, the inspection and supervision team must report the results and propose measures to address and rectify the situation to the agency issuing the inspection and supervision decision.  enterprises participating in inter-provincial passenger transport business by automobile shall report the results of inspection and supervision and propose measures for handling and rectification to the authority issuing the inspection and supervision decision.

5. Contents of Inspection and Supervision

Traffic inspectors carry out inspection, supervision, and handling of violations concerning inter-provincial passenger transport by bus in accordance with the law and this Circular, focusing on the following contents:  as follows:

5.1. For legal bus stations, rest stops, pick-up and drop-off points, and toll stations for bridges and highways, traffic inspectors focus on inspecting, preventing, and handling the following violations:

a) Vehicles without the necessary conditions to operate on the route;

b) Vehicles running off route, schedule, or itinerary, lacking driving logs;

c) Drivers failing to comply with safety regulations for passenger transport;

d) Vehicles transporting passengers under contractual arrangements without contracts with passengers or without contract vehicle identification;

e) Charging passengers more than the registered fare or arbitrarily collecting additional fees from passengers.

5.2. For illegal bus stations and unauthorized pick-up and drop-off points,  traffic inspectors focus on the following activities:

a) Prevent and immediately stop administrative violations; prepare records and impose administrative penalties within their authority on drivers and enterprises that violate the rules.

b) Continuously monitor and grasp the situation of inter-provincial passenger transport operations within their jurisdiction to detect illegal bus stations, unauthorized pick-up and drop-off points; propose recommendations to competent authorities and coordinate with relevant forces to eliminate informal bus stops ("bến cóc") and unauthorized vehicles ("xe dù").  on the managed territory to identify illegal bus stations, unauthorized pick-up and drop-off points; recommend to competent authorities and coordinate with relevant forces to eliminate informal bus stops ("bến cóc") and unauthorized vehicles ("xe dù").

6. Implementation organization

6.1. The Vietnam Highway Administration Male:

a) Direct traffic inspection forces under its jurisdiction to conduct inspections and checks according to the guidelines set forth in this Circular.

b) Organize training sessions for traffic inspection forces of the Vietnam Highway Administration and provincial Departments of Transport and Departments of Transport and Communications.

c) Direct and guide traffic inspectors from highway management zones located in provinces to coordinate with traffic inspectors from provincial Departments of Transport and Departments of Transport and Communications to unify inspection and check plans for assigned inter-provincial passenger transport routes; direct spot checks at toll stations for bridges and highways.

d) Resolve recommendations and proposals from traffic inspectors of provincial Departments of Transport and Departments of Transport and Communications within their authority or compile reports to the Ministry of Transport.

6.2. Provincial Departments of Transport, Departments of Transport and Communications:

a) Direct traffic inspectors under provincial Departments of Transport and Departments of Transport and Communications to perform inspection and check duties on inter-provincial passenger transport routes passing through their jurisdictions.

b) Direct traffic inspectors under provincial Departments of Transport and Departments of Transport and Communications to participate in joint inspection teams as directed by provincial People's Committees to inspect, detect, and handle unauthorized pick-up and drop-off points ("cơm tù"), unauthorized vehicles ("xe dù"), and informal bus stops ("bến cóc") in their localities.

c) Have the responsibility to review and resolve recommendations from traffic inspectors under their departments or traffic inspectors from highway management zones when requested.

7. Coordination of activities

7.1. Within the scope of its functions, tasks, and powers, the Vietnam Highway Administration, based on the Inter-Ministerial Coordination Regulation between the Vietnam Highway Administration and the Public Order Administrative Management Police Bureau, proactively develop programs and plans for coordination of activities between the two bureaus.

7.2. Provincial Departments of Transport and Departments of Transport and Communications should study and develop coordination regulations with local public security organs to enhance information exchange and close cooperation between the two sectors in eliminating unauthorized vehicles ("xe dù") and informal bus stops ("bến cóc") in their localities.

Traffic inspectors who engage in corrupt, irresponsible behavior, or accept bribes while performing their duties shall be dealt with according to the provisions of Decision No. 1467/2003/QĐ-BGTVT dated May 22, 2003 of the Ministry of Transport regarding temporary responsibilities of organizations and individuals and forms of handling violations by individuals in specialized traffic inspection activities for road, railway, and inland waterway transportation.

Traffic inspectors who engage in corrupt, irresponsible behavior, or accept bribes while performing their duties shall be dealt with according to the provisions of Decision No. 1467/2003/QĐ-BGTVT dated May 22, 2003 of the Ministry of Transport regarding temporary responsibilities of organizations and individuals and forms of handling violations by individuals in specialized traffic inspection activities for road, railway, and inland waterway transportation.

9. Effective Date

This Circular shall take effect fifteen days after  its publication in the Official Gazette. During implementation, if there are any difficulties, the Vietnam Highway Administration, provincial Departments of Transport, and Departments of Transport and Communications shall promptly report any arising issues to the Ministry of Transport for consideration and supplementation or amendment./.