Circular No. 14/2010/TT-BGTVT on the organization and management of road passenger and cargo transportation by motor vehicles

CIRCULAR

Provisions on the organization and management of road passenger and cargo transportation using motor vehicles

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

Based on Decree No. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business operations and conditions for operating road transportation using motor vehicles;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 28, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Ministry of Transport stipulates provisions on the organization and management of road transportation using motor vehicles;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides certain provisions regarding the organization and management of road passenger and cargo transportation using motor vehicles;

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals engaged in or related to road transportation business using motor vehicles;

Article 3. Explanation of Terms

refers to the control and maintenance of the operation of technical equipment systems, security and safety services, environmental sanitation, risk management, and guidance on the use of apartment buildings for owners and users of apartment buildings.

1. Route: is specifically determined by the starting point, destination, and intermediate stops along a designated route;

2. Schedule: is the time period defined for a route from the moment the vehicle departs until its completion;

3. Route diagram: is a compilation of routes and schedules for trips made by vehicles within a specific time cycle;

4. Timetable: is a compilation of departure times from stations for vehicles within a specified time period established by the route management authority and published for businesses and cooperatives to register participation;

5. Bus stop: is the position where buses must stop to pick up or drop off passengers according to regulations set by competent authorities;

Article 4. General Provisions

1. For transportation business units:

a) Ensuring that the number of good days for vehicles is always at least 110% of the number of operational days under the business plan (applicable only to fixed-route passenger transport);

b) Having a business plan for road transportation using motor vehicles containing the minimum contents prescribed in Appendix 1;

c) Possessing a Business License for road transportation using motor vehicles for those types requiring such a license. The application for a Business License for road transportation using motor vehicles is prescribed in Appendix 2; the format of the Business License for road transportation using motor vehicles is prescribed in Appendix 3;

2. Businesses and cooperatives engaged in fixed-route passenger transport, bus services, and containerized cargo transport must have a department responsible for managing and monitoring traffic safety conditions to perform the following tasks:

a) Monitoring, compiling, and analyzing compliance with traffic safety regulations;

b) Inspecting and ensuring technical safety and environmental protection conditions before vehicles participate in operations;

c) Managing information: routes, operating speed, number and duration of stops, number of door openings and closings (except for containers), daily driving time for each driver from the vehicle's trip monitoring device (hereinafter referred to as mandatory information);

Article 5. Installation, management, and exploitation of information from vehicle trip monitoring devices

1. Requirements for vehicle trip monitoring devices:

a) Must be inspected by the inspection agency in accordance with regulations;

b) Must continuously update and fully store mandatory information;

2. Transportation business units are responsible for:

a) Installing, exploiting, and managing information on vehicle trip monitoring devices for vehicles as prescribed;

b) Maintaining good technical condition throughout the operation of transportation business;

c) Systematically updating and storing mandatory information for at least one year;

d) Providing timely and complete mandatory information to competent state management agencies when requested;

Article 6. Registration, publicizing service quality for businesses and cooperatives engaged in fixed-route passenger transport, bus services, and taxi services

1. Contents of service quality registration:

a) For transportation vehicles including: vehicle brand, seat capacity, year of manufacture, equipment serving passengers on board;

b) For drivers and service staff: completion of training programs and guidance on passenger transport and traffic safety, communication skills, and passenger service skills organized by the business or cooperative;

c) Transportation organization plan: adherence to the operational plan on the route, vehicle routes, traffic safety assurance work;

d) Passenger rights including: insurance, free baggage allowance;

e) Process of receiving and handling passenger feedback and media reports, receiving passenger feedback;

g) Services provided to passengers during the journey;

2. Application Forms:

a) Service Quality Registration Certificate according to the form prescribed in Appendix 4;

b) For businesses and cooperatives already issued a Management Quality Certification under the ISO quality management system, submit a copy of the Management Quality Certification under the ISO quality management system;

3. Procedure for accepting applications:

a) The route management agency accepts one set of application documents submitted by the business or cooperative, confirming for the business or cooperative;

b) The route management agency is responsible for monitoring and inspecting the publicizing activities of the business or cooperative and implementing the commitments made by the business or cooperative;

4. Post information:

a) Publicizing on vehicles: fare, main service content according to point g clause 1 of this Article, hotline number of the business or cooperative;

b) Publicizing at bus stations, ticket counters (only applicable to businesses and cooperatives engaged in fixed-route passenger transport): departure time, number of trips, type of vehicle, fare, route (including all rest stops, stop durations), services provided to passengers during the journey, passenger insurance, free baggage allowance, hotline number for passenger feedback;

Chapter II

ROAD PASSENGER TRANSPORT BUSINESS OPERATIONS USING MOTOR VEHICLES

SECTION I. FIXED-ROUTE PASSENGER TRANSPORTATION BUSINESS USING MOTOR VEHICLES

Article 7. Criteria for establishing routes

1. There must be a road system ensuring safety and smooth operation for passenger transport vehicles to carry out their journey and transportation schedule.

2. There must be departure bus stations and arrival bus stations that have been accepted and put into operation by competent authorities.

3. There must be enterprises or cooperatives registered to participate in fixed-route passenger transport by motor vehicles.

Article 8. Regulations for vehicles participating in exploitation

1. The name and telephone number of the enterprise or cooperative must be recorded at the front of both sides of the vehicle body or on both sides of the vehicle doors.

2. Seats inside the vehicle must be numbered sequentially.

3. At the same time, each vehicle may only register to exploit a maximum of two (2) fixed passenger transport routes.

Article 9. Opening new routes

1. Enterprises or cooperatives that have been granted a business license for passenger transport by motor vehicles register to open new routes.

2. A new route is considered when it has at least one of the three criteria including departure station, arrival station, or travel route not overlapping with existing announced routes.

3. For new routes with a travel route overlapping less than seventy percent (70%) with existing announced routes, trial exploitation procedures shall be carried out according to Clauses 5, 6, 7, 8, and 9 of this Article.

4. For new routes with a travel route overlapping seventy percent (70%) or more with existing announced routes, enterprises or cooperatives must submit a request for announcement of the route as specified in Appendix 8 and prepare an application for registration of exploitation according to Clause 5 of this Article and send it to the route management authority.

5. Documents for registering to open a new route include:

a) Registration form as prescribed in Appendix 5;

b) Plan for fixed passenger transport operations by motor vehicles as prescribed in Appendix 6;

c) Photocopies with original copies for verification or certified true copies of motor vehicle registration certificates of vehicles participating in route exploitation (excluding those already listed when enterprises or cooperatives apply for a permit);

d) Photocopies with original copies for verification of Contracts and Certificates of acceptance of installation of vehicle trip monitoring devices (excluding those already listed when enterprises or cooperatives apply for a permit).

6. Provisions regarding handling of applications:

a) Applications for opening new routes are submitted to the route management authority according to the level of jurisdiction. In cases where the application is not valid, the route management authority will notify the enterprise or cooperative in writing about the necessary supplements or amendments within no more than five (5) days from the date of receipt of the application;

b) For inter-provincial passenger transport routes over one thousand (1,000) kilometers:

Within five (5) working days from the date of receiving complete valid documents, the Vietnam Highway Administration will issue a letter to the Department of Transport at both ends of the route to seek opinions;

Within ten (10) working days from the date of receipt of the letter, the Department of Transport must reply in writing. Failure to respond within this period is deemed as agreement;

Within twenty (20) working days from the date of receiving complete valid documents, the Vietnam Highway Administration will implement regulations on trial exploitation approval and announcement for inter-provincial fixed passenger transport routes over one thousand (1,000) kilometers according to the model prescribed in Appendix 9. If not approved, a written response must be given with specific reasons stated.

c) For intra-provincial fixed routes, fixed passenger transport routes up to one thousand (1,000) kilometers: Enterprises or cooperatives submit the application to the Department of Transport where the enterprise or cooperative is headquartered or branch headquarters; within five (5) working days from the date of receiving complete valid documents, the Department of Transport will review and issue a written approval after seeking opinions from the Department of Transport at the other end of the route. If not approved, a written response must be given with specific reasons stated.

7. The route management authority is responsible for publicly announcing the approval for trial exploitation to other enterprises or cooperatives engaged in passenger transport.

8. Authority for approving trial exploitation:

a) The Vietnam Highway Administration implements the procedure for approving trial exploitation for inter-provincial fixed passenger transport routes over one thousand (1,000) kilometers;

b) The Department of Transport implements the procedure for approving trial exploitation for intra-provincial fixed routes and inter-provincial fixed routes up to one thousand (1,000) kilometers; after approval, they must notify in writing to the Vietnam Highway Administration for inter-provincial fixed passenger transport routes up to one thousand (1,000) kilometers;

9. After sixty (60) days from the date of the approval for trial exploitation, if the enterprise or cooperative does not organize trial exploitation, the approval for trial exploitation will lose its validity.

Article 10. Announcing the Route

1. For new routes with overlapping journey under 70% compared to already announced routes, upon expiration of the trial operation period, the route management agency shall announce the route based on the criteria for establishing routes as prescribed in Appendix 9. Only businesses and cooperatives that have continuously participated in trial operations for four months or more may continue to operate for the next twelve months from the date of announcing the route. Other businesses and cooperatives may only operate after twelve months from the date of announcing the route.

2. For new routes with overlapping journey of 70% or more compared to already announced routes, when a business or cooperative registers to open a new route, the route management agency must announce the route and operate according to regulations but does not implement the trial operation regulation.

3. Contents of announcing fixed passenger transport routes:

a) Departure bus station, arrival bus station;

b) Driving route;

c) Transport distance;

d) Route code.

4. Management of route codes: the route code is a sequence of numbers assigned in order: local code of departure location, local code of arrival location, bus station code of departure location, bus station code of arrival location; for routes with the same departure and arrival locations but different driving routes, an additional serial number is added at the end of the sequence.

5. Authority to announce routes:

a) The Vietnam Highway Administration announces the system of fixed inter-provincial passenger transport routes.

b) Provincial Department of Transport announces intra-provincial fixed-route passenger transport lines.

Article 11. Registering for Operating Routes

1. Businesses and cooperatives may register to participate in operating fixed passenger transport routes when the average passenger load factor on the route reaches over 50%.

2. The passenger load factor is determined by dividing the total number of passengers departing from both ends of the stations of all trips on the route during six consecutive months up to the time of registration by the total number of seats of all trips conducted during that period.

3. The application for registering to operate is submitted in accordance with Clause 5, Article 9 of this Circular.

4. The application for registering to operate shall be sent to the route management agency as follows:

a) The Vietnam Highway Administration for routes over 1,000 kilometers;

b) The Department of Transportation and Roads where the business or cooperative has its main office or branch for routes up to 1,000 kilometers.

5. Provisions on handling applications:

a) In case the application is incomplete or invalid, the route management agency shall notify in writing the missing or required corrections within five days from the date of receipt of the application;

b) Within five working days from the date of receiving a complete and valid application: for routes over 1,000 kilometers, the Vietnam Highway Administration shall issue a document to coordinate with the Departments of Transportation and Roads at both ends of the route to seek opinions. For routes managed jointly by two Departments of Transportation and Roads, the Department of Transportation and Roads where the business or cooperative has registered its main office or branch to operate the route shall send a document to the Department of Transportation and Roads at the other end of the route to seek opinions based on the request of the business or cooperative;

c) Within ten working days from the date of receipt of the document, the Department of Transportation and Roads must issue a reply. After the deadline, it is considered that the Department of Transportation and Roads has agreed with the registration for operation;

d) Within twenty working days from the date of receiving a complete and valid application, the route management agency where the business or cooperative has registered shall issue a document approving the operation of inter-provincial fixed passenger transport routes by motor vehicles. In case of non-approval of the route operation, a written response must be given with clear reasons.

6. Thirty days after being approved to operate, if the business or cooperative does not organize the operation, the approval document will lose its validity.

7. The approval document has no expiration date and is only valid when the Business License for Motor Vehicle Transport remains effective.

Article 12. Supplementing vehicles for route exploitation

1. Enterprises and cooperatives currently operating on the route have the right to supplement vehicles. In cases where supplementing vehicles increases the number of trips on the route that the enterprise or cooperative is exploiting, it can only be implemented when the average passenger load factor on the route of the enterprise or cooperative reaches over 50%.

2. The average passenger load factor is determined by dividing the total number of passengers departing from both ends of the stations of the enterprise or cooperative's trips over a continuous six-month period up to the time the enterprise or cooperative registers, by the total number of seats on the trips carried out by the enterprise or cooperative during that period.

3. The application dossier for supplementing vehicles shall comply with the provisions set forth at points b, c, and d of Clause 5, Article 9 of this Circular. In cases where the dossier is incomplete or invalid, the route management agency shall notify the enterprise or cooperative in writing within no more than two days from the date of receipt of the dossier.

4. The procedures and formalities for approving the supplementation of vehicles in cases where supplementing vehicles increases the number of trips on the route shall be carried out in accordance with the provisions of Article 11 of this Circular.

Article 13. Replacing vehicles for fixed-route passenger transport

Enterprises and cooperatives currently operating on fixed-route passenger transport may replace vehicles listed in their vehicle registration with the route management agency. In cases where the replacement vehicle does not yet have a route permit, the procedures for requesting issuance of the permit shall be carried out in accordance with Articles 11, 41, and 42 of this Circular, with the model of the fixed-route vehicle permit specified in Appendix 10.

Article 14. Suspension of route operation, suspension of vehicle operation

1. The agency responsible for announcing the route must announce the suspension of route operation in writing according to the form specified in Appendix 7 when the route no longer meets one of the criteria for establishing the route as stipulated in Article 7 of this Circular.

2. Enterprises and cooperatives currently operating on fixed-route passenger transport, when there is no need to operate or reduce the number of trips on the route, must notify the route management agency ten days in advance.

3. Within the latest two working days from the date of receiving the request document, the route management agency shall publicly announce to allow other enterprises and cooperatives to register for operation.

Article 15. Vehicle Operation Logbook

1. The vehicle operation logbook includes the following main contents: departure station, arrival station, driving route, date and time of departure, number of passengers, vehicle license plate, safety and environmental protection inspection certificate number, inspection validity period, driver's name, driver's license number, attendant's name.

2. The vehicle operation logbook follows the model prescribed in Appendix 11 and is issued by the local Department of Transport for approved vehicles.

3. Responsibility for the information content in the vehicle operation logbook:

a) Stations: departure station, arrival station, actual departure time, number of passengers;

b) Transport enterprises and cooperatives: remaining information.

Article 16. Provisions on the establishment, adjustment, organization, and implementation of the timetable for vehicle operation

1. The route management agency is responsible for establishing, organizing the implementation, reviewing, adjusting, supplementing, and publicly announcing the timetable for vehicle operation on the route to ensure compliance with management requirements and passenger travel needs.

2. Enterprises and cooperatives participating in transportation activities based on the timetable for vehicle operation issued by the route management agency shall follow the principles below:

a) Enterprises and cooperatives registering first will be given priority to select the remaining available slots in the timetable;

b) In cases where the travel demand on the route meets the conditions for increasing vehicles as stipulated in Clauses 1 and 2 of Article 12 of this Circular, depending on the actual situation regarding passenger flow, the route management agency may adjust the timetable by adding additional trips between timeslots of high-passenger traffic trips or outside the current timetable.

Article 17. Revocation of Approval for Route Operation

1. The route management agency responsible for issuing the approval document shall revoke its own document when the enterprise or cooperative violates the acts prescribed in Clause 2 of this Article.

2. Enterprises or cooperatives whose approval document for trial operation or route operation is revoked shall be subject to revocation if they violate any of the following circumstances:

a) The number of vehicles on the route being revoked license plates from 30% or more;

b) Implementing less than 70% of the number of trips according to the approved schedule in one month.

Article 18. Rights and Responsibilities of Enterprises and Cooperatives

1. Must refund at least 70% of the ticket price to passengers who have purchased tickets and refuse to travel, at the latest thirty minutes before the vehicle departs.

2. Vehicles operating on routes with a distance of over 300 kilometers must stop at rest stations and ensure the working hours of drivers in accordance with regulations.

3. Apply inspection and supervision measures for vehicles during the journey to implement regulations regarding picking up and dropping off passengers at bus stations, not picking up or dropping off passengers along the way.

Article 19. Rights and Responsibilities of Drivers and Service Staff on Board

1. Drivers must follow the approved schedule; perform the correct route and schedule, pick up passengers at the departure station, drop off passengers at the destination station, and not pick up or drop off passengers along the way.

2. Service staff on board have the responsibility to guide passengers on regulations while traveling, assist passengers with disabilities, elderly people, pregnant women, or those with children.

Article 20. Rights and Responsibilities of Passengers Traveling by Bus

1. Have the right to request enterprises or cooperatives to provide services according to the quality service commitments publicly displayed.

2. Receive a refund of the ticket price as stipulated in Clause 1 of Article 18 of this Circular.

3. Start the journey at the departure station and end the journey at the destination station.

PART II. BUS PASSENGER TRANSPORTATION BUSINESS

Article 21. Display Information on Buses

1. Outside the bus, the following information must be displayed:

a) Route number, starting point, and endpoint of the route on the upper part of the front windshield;

b) Ticket prices and contact numbers of the enterprise or cooperative on both sides of the bus body.

2. Inside the bus, the following information must be displayed:

a) The route of the bus;

b) Responsibilities of passengers traveling by bus;

c) Key contents of the quality service commitments of the enterprise or cooperative.

Article 22. Registration of Distinctive Color Scheme

1. Before putting the vehicle into operation, the enterprise or cooperative must register the distinctive color scheme according to the model prescribed in Appendix 15.

2. The registration must be sent to the Department of Transport where the enterprise or cooperative has its main office or branch office. The Department of Transport will only accept, confirm the registration, and has the responsibility to publicly announce the registration of the enterprise or cooperative.

Article 23. Starting Point, Endpoint, Stop Points, and Bus Shelters

1. Starting point and end point of the bus route:

a) The starting point and endpoint of the bus route must ensure sufficient area for buses to turn around, park, and wait, ensuring traffic safety and order;

b) At the starting point and endpoint of the route, there must be a board displaying information about the route: name of the route, route number, route map, frequency of vehicles, daily operating time of the route, contact numbers of the management agency, enterprise, or cooperative;

c) There must be a shelter and other supporting facilities.

2. Bus stops:

a) The range for stopping buses to pick up and drop off passengers must be marked with reflective lines;

b) At each stop location, there must be a sign indicating the bus stop according to regulations; On the sign, the route number, name of the route (starting point - endpoint), and the route map of the bus stopping at that location must be recorded;

c) At bus stop locations within urban areas, if the sidewalk width is 4 meters or more, and outside urban areas, if the curb width is 1.5 meters or more, bus shelters must be constructed;

d) At stops serving disabled persons, access ramps and other supporting facilities must be built to facilitate their use.

3. Bus shelters:

a) The bus shelter model must comply with the unified regulations of the Department of Transport;

b) Inside the bus shelter, the following information must be displayed: route number, name of the route, route map, frequency of vehicles, daily operating time of the route, contact numbers of the managing agency or unit, map or network diagram of the route;

c) For bus shelters serving disabled persons, access ramps and other supporting facilities must be built to facilitate their use.

Article 24. Management of Investment in Construction of Infrastructure for Public Bus Transport

1. The system of starting points, end points, stops, signs, bus shelters, transfer points, and dedicated lanes shall be constructed according to current standards and regulations.

2. The capital for investment in construction and maintenance of infrastructure for public bus transport shall be provided by the state or through socialization.

3. The Department of Transportation of the locality shall be responsible for organizing management and maintaining the infrastructure serving bus operations including starting points, end points, stops, signs, shelters, transfer points, and auxiliary facilities for public bus transport.

Article 25. Announcement of Route Opening

1. The Department of Transportation shall announce the opening of routes for public bus transport at the local level according to the network planning approved by the People's Committee of the province.

For inter-provincial bus routes between adjacent provinces, the announcement of route opening shall be carried out by the Departments of Transportation at both ends of the route after obtaining agreement letters from the People's Committees of the two provinces or centrally-administered municipalities or authorized agencies.

2. Contents of the announcement when opening a bus route:

a) Route number, starting point, end point;

b) Route itinerary;

c) Frequency of buses running, daily operating hours of the route;

d) Total number of trips per day;

e) Fare.

3. The route management agency must announce on mass media channels at least thirty days before the opening of the bus route.

Article 26. Content of Management and Operation of Public Bus Transport

1. Tendering for operation of bus transport routes;

a) The Department of Transportation decides the operation of bus transport routes by enterprises and cooperatives in accordance with the provisions of the law;

b) Enterprises and cooperatives holding a Business License for Passenger Transport by Motor Vehicles may participate in tendering or be designated to operate bus transport routes.

2. Management and control of passenger transport activities by bus:

a) The Department of Transportation approves and announces the timetable for bus operations, which includes the main contents: the operating unit of the bus route, frequency of buses running, route itinerary, number of stops, pick-up and drop-off points along the route, duration of a single trip, daily operating hours of the route. The daily operating hours of the bus route shall be determined based on ensuring the travel needs of residents along the route but not less than twelve hours per day;

b) Enterprises and cooperatives have the responsibility to provide and manage dispatch orders when buses are in operation. Dispatch orders include the following main contents: date and time of bus operation according to the timetable, number of tickets sold, route number, license plate number, driver's name, attendant's name on the bus.

Article 27. Adjustment of Route Itinerary and Frequency of Buses Running

1. The Department of Transportation adjusts the route itinerary and frequency of buses running based on ensuring political, social, and economic benefits while safeguarding the legitimate rights and interests of enterprises and cooperatives currently operating and announcing such adjustments on mass media channels at least ten days before implementation.

2. For inter-provincial bus routes between adjacent provinces, the adjustment of route itineraries and frequency of buses running shall be carried out by the Departments of Transportation at both ends of the route after obtaining agreement letters from the People's Committees of the two provinces or centrally-administered municipalities.

Article 28. Suspension of operations on routes

1. Enterprises and cooperatives must submit a written request to the Department of Transport before ceasing operations on a route. They may only cease operations on the route after receiving a written approval from the Department of Transport based on the agreement of the People's Committee of the province or centrally governed city.

2. The local Department of Transport is responsible for announcing in the mass media at least fifteen (15) days prior to suspending bus route operations.

3. Enterprises and cooperatives that arbitrarily cease operations on a route will have their rights to operate other bus routes in the area revoked and will be subject to penalties under current laws governing administrative violations in the field of road traffic and related laws.

Article 29. Supplementing and replacing vehicles operating on passenger transport routes using buses

1. For intra-provincial bus routes, the Department of Transport shall decide on supplementing and replacing vehicles for passenger transport services based on the enterprises' or cooperatives' proposals.

2. For inter-provincial contiguous bus routes, the two Departments of Transport at both ends of the route must agree in writing before deciding to supplement or replace vehicles based on the proposal of enterprises or cooperatives with the Department of Transport where the enterprise or cooperative has its main office or branch office.

Article 30. Rights and responsibilities of drivers and service staff on buses

1. Wearing name badges and wearing uniforms as prescribed by the Department of Transport.

2. Service staff on buses are responsible for providing information about the route journey and stops when requested by passengers; guiding passengers at stops to ensure safe boarding and alighting; assisting disabled persons, elderly people, children, pregnant women, or women with small children when boarding and alighting buses.

Article 31. Rights and responsibilities of passengers traveling by bus

1. Passengers may carry hand luggage weighing no more than ten (10) kilograms and dimensions not exceeding (30x40x60) centimeters.

2. Assisting and yielding seats to passengers who are disabled, elderly, pregnant women, or women with small children.

PART III. PASSENGER TRANSPORT OPERATIONS USING TAXIS

Article 32. Requirements for taxis

1. The name and telephone number of the enterprise or cooperative must be displayed on the outside of both sides of the body or doors of the vehicle.

2. Having a "TAXI" emblem according to the model specified in Appendix 14.

3. Possessing all types of documents as required by law.

Article 33. Registration of paint color and logo

1. Before putting vehicles into operation, enterprises and cooperatives must register a uniform paint color and logo among their vehicles according to the model specified in Appendix 15.

2. The registration file must be submitted to the Department of Transport where the enterprise or cooperative has its main office or branch office. The Department of Transport will only accept, confirm, and is responsible for publicly announcing the registration of enterprises and cooperatives.

Article 34. Documentation for installation of communication equipment

The documentation for installing communication equipment between the control center and taxis includes:

1. Registration and lawful use of radio frequency.

2. Acceptance record for the installation of communication equipment.

Article 35. Taxi parking areas

1. Taxi parking areas are divided into two types:

a) Taxi parking areas organized and managed by taxi enterprises;

b) Public taxi parking areas organized and managed by local state management agencies;

2. Requirements for taxi parking areas:

Ensuring urban traffic safety and order, not obstructing normal traffic flow of people and vehicles, meeting fire prevention and environmental sanitation requirements.

3. The People's Committee of the province or centrally governed city shall uniformly organize and manage public taxi parking areas in accordance with the planning for the development of the transportation network and the specific needs of the locality.

PART IV. PASSENGER CARRIAGE BUSINESS BY CONTRACT MOTOR VEHICLES

Article 36. Requirements for motor vehicles engaged in passenger carriage by contract

1. Motor vehicles must be owned or legally used by business units that have been granted a Passenger Carriage Business License by Contract; they must bear the insignia as prescribed in Appendix 12.

2. The name and telephone number of the business unit must be displayed at the top front of both sides of the vehicle body or doors.

3. For passenger transportation with a distance of over 100 (one hundred) kilometers, there must be a passenger list according to the model in Appendix 13.

Article 37. Passenger Transportation Contract

The passenger transportation contract document must include at least the following contents: contract execution time, departure address, destination address, driving route, number of passengers.

PART V. PASSENGER CARRIAGE BUSINESS FOR TOURISM BY MOTOR VEHICLE

Article 38. Requirements for motor vehicles engaged in passenger carriage for tourism

1. They must be owned or legally used by business units that have been granted a Passenger Carriage Business License for Tourism; motor vehicles for passenger carriage for tourism must bear the sign as prescribed.

2. The name and telephone number of the business unit must be displayed at the top front of both sides of the vehicle body or doors.

Article 39. Passenger Transportation Contract for Tourism or Travel Agency Contract

The passenger transportation contract for tourism or travel agency contract must include at least the following contents: contract execution time, departure address, destination address, driving route, number of passengers.

PART VI. INSIGNE AND SIGNS

Article 40. General Provisions on Management and Use of Documents

1. During the operation of passenger carriage business, fixed-route vehicles, contract passenger transport vehicles, and taxis must bear the insignia; tourist passenger transport vehicles must bear the sign.

2. The insignia and sign shall not be erased or altered and must be affixed to the windshield on the right side of the driver.

3. The insignia and sign are valid for 12 (twelve) months.

Article 41. Provisions on Issuance and Replacement of Insignia and Signs

1. The business unit sends the Application File for Issuing Insignia and Sign to the Department of Transport where the business unit's main office or branch is located. The file includes:

a) The business unit's application for issuing insignia and sign;

b) Photocopies of the registration papers of the vehicles applying for insignia (except for fixed-route vehicles applying for insignia for the first time);

c) In cases of reissuing insignia and sign, a report must be attached regarding compliance with traffic regulations and service quality standards (for businesses and cooperatives that have registered service quality standards), adherence to the schedule of fixed-route vehicles during the period of using the insignia and sign.

2. In cases of replacing insignia and sign due to fading or damage, the application for replacement is exempt from the contents mentioned in points b and c of Clause 1 of this Article.

3. The maximum issuance time for insignia and sign is 01 (one) day from the date of receiving complete and valid files. The Department of Transport is responsible for retrieving and canceling unused insignia and sign before issuing new ones, storing them for a period of 06 (six) months.

Article 42. Insignia for Fixed-Route Vehicles

The Department of Transport bases its issuance of insignia for fixed-route vehicles on documents such as approval for trial operation, approval for route operation, approval for additional or replacement vehicles, or the application for reissuing insignia from enterprises and cooperatives.

Article 43. Vehicle Mark for Contract Transport Vehicles

When a business entity is granted a business license for passenger transport according to contracts, the Department of Transportation will issue vehicle marks for the cars listed in the proposal submitted by the business entity, and such marks can be renewed upon expiration as prescribed.

For vehicles that have participated in fixed route passenger transport operations, if there is a need to transport passengers under contract, enterprises or cooperatives must submit a written document to the management agency of the route proving their compliance with the timetable on the fixed route.

Article 44. Signage for Tourist Passenger Transport Vehicles

When a business entity is granted a business license for passenger transport using automobiles, the Department of Transportation will issue signage after the entity has been certified in writing by a cultural, sports, and tourism authority as meeting the conditions for tourist passenger transport.

Article 45. Vehicle Mark for Taxi Vehicles

When an enterprise or cooperative is granted a business license for passenger transport using taxi automobiles, the Department of Transportation will issue a taxi vehicle mark.

Article 46. Revocation of Vehicle Marks and Signage

1. The issuing authority is responsible for revoking vehicle marks and signage issued by itself when a business entity violates the provisions set out in Clause 2 of this Article.

2. A business entity shall have its vehicle marks and signage revoked if it commits any of the following violations:

a) Using vehicle marks or signage not in accordance with regulations or intentionally altering information recorded on the issued vehicle marks or signage.

b) Operating without a transportation contract or travel contract, tour program, or passenger list as required.

c) Contract vehicles or tourist passenger transport vehicles selling tickets to passengers or picking up additional passengers outside the list.

d) Fixed route vehicles, taxis, or buses failing to fulfill three or more service quality commitments or failing to display service quality commitments on the vehicle.

e) Fixed route vehicles not operating on the route for three consecutive trips or lacking a trip logbook or inaccurately recording contents in the trip logbook.

g) Taxis lacking a fare meter or roof light as required or engaging in fare fraud through the fare meter.

h) Operating vehicles with registration plates different from those registered, except in cases of emergency replacement.

Chapter III

ROAD TRANSPORT OF GOODS BY MOTOR VEHICLES

Article 47. Motor Vehicles for Road Transport of Goods

The name, telephone number of the business entity, gross weight of the vehicle, and permissible load weight must be displayed on the exterior of both sides of the driver's cabin door. For cargo taxis, freight rates must also be displayed on both sides of the vehicle.

Article 48. Transport Contracts, Waybills, and Cargo Release Forms

1. A transport contract must include the following information: name of the transport company, name of the contracting party, type and quantity of goods, route, delivery and receipt addresses and times, freight charges, payment terms, conditions for delivery, compensation, handling of related documents, and other issues relevant to the transport process.

2. A waybill must contain the following information: name of the transport company, name of the contracting party, route, contract number (if applicable), date of signing, type and quantity of goods transported, time of receipt, time of delivery, and other relevant information about the transport process. A waybill issued by the business entity to the driver must be stamped with the entity's confirmation seal; in the case of individual businesses, the owner must sign and clearly write their full name on the waybill.

3. In addition to the transport contract or waybill and other vehicle documents as prescribed, the driver must carry a cargo release form for each trip (applicable only when goods are dispatched from a warehouse) issued by the contracting party or the consignor corresponding to the goods being transported. The cargo release form must clearly state the following information: dispatching unit, name of goods, weight of goods, dispatching location, delivery location.

Article 49. Management of Goods Transport Business Using Motor Vehicles

1. A business unit that meets the required conditions as stipulated must notify in writing to the Department of Transportation at the location where the business unit has its headquarters or branch office before putting the vehicle into goods transport operation. The notification shall include:

a) Name, address, contact phone number of the business unit;

b) Registration certificate number for business registration; form of goods transport business.

c) Number of means of transport, types of means of transport, service life.

2. The notification letter shall be sent to the local Department of Transportation. The Department of Transportation will only accept the notification for management and monitoring purposes and confirm receipt of the notification to the business unit.

Chapter IV

RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS FOR MOTOR VEHICLE TRANSPORT BUSINESS

Article 50. Vietnam Highway Administration

1. Manage motor vehicle road transport activities within the country's territory according to its authority, directly managing fixed-route inter-provincial passenger transport lines with distances over 1000 (one thousand) kilometers.

2. Announce the network of fixed-route inter-provincial passenger transport lines.

3. Uniformly print and issue transport business licenses, "FIXED ROUTE" emblems, "CONTRACT" emblems, "TAXI" emblems, and "TOURISM" signs.

4. Compile training manuals and guidelines on specific regulations regarding passenger transport operations, traffic safety for taxi drivers, bus drivers, and onboard service staff.

5. Exploit (periodically, unexpectedly) mandatory information from vehicle tracking devices or from server databases to serve state management of transport activities and ensure traffic order and safety.

6. Establish an integrated electronic information page on management and exploitation of motor vehicle transport activities.

7. Inspect, examine, and handle violations of motor vehicle road transport business regulations according to its authority as prescribed by law.

Article 51. Department of Transportation

1. Manage motor vehicle road transport activities within the local area.

2. Announce the network of fixed-route intra-provincial passenger transport lines and bus routes.

3. Submit for approval by the provincial People's Committee or the municipal People's Committee under the Central Government:

a) General planning of the bus passenger transport network. Including: the ratio of public passenger transport by bus and implementation plans to meet the travel needs of people with disabilities;

b) State preferential policies applicable to enterprises and cooperatives operating passenger transport by bus within the area;

c) Economic and technical norms and unit prices for passenger transport operations by bus;

d) Planning for the development of taxi passenger transport within the area based on specific characteristics, meeting the travel needs of residents while limiting and mitigating traffic congestion.

4. Decide on opening, suspending operations for bus routes, supplementing, replacing vehicles, adjusting routes, upon agreement of the provincial People's Committee or the municipal People's Committee under the Central Government.

5. Approve the bus route schedule.

6. Assign plans to enterprises and cooperatives to exploit passenger transport routes by bus in the locality.

7. Directly manage fixed-route inter-provincial passenger transport lines with distances up to 1000 (one thousand) kilometers, fixed-route intra-provincial passenger transport lines, and bus routes.

8. Exploit (periodically, unexpectedly) mandatory information from vehicle tracking devices or from server databases to serve state management of transport activities and ensure traffic order and safety.

9. Establish an electronic information page on management and exploitation of motor vehicle transport activities in the locality.

10. Issue transport business licenses for passenger transport business units and enterprises, cooperatives conducting container cargo transport business within the area.

11. Print, distribute, and manage logbooks for vehicle operations as prescribed.

12. Manage and issue various types of emblems and signs as prescribed.

13. Inspect, examine, and handle violations of motor vehicle transport business regulations according to its authority as prescribed by law.

Chapter V

IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 52. Reporting System

1. Quarterly, before the 20th day of the first month of each quarter, transport business units must report their business operation status to the Department of Transportation. The report format for passenger transport activity results is attached as Appendix 16. The report format for cargo transport activity results is attached as Appendix 17.

2. Annually, in January, the Department of Transportation compiles and reports the transport activity status of the locality to the Vietnam Highway Administration. The Vietnam Highway Administration is responsible for compiling and reporting to the Ministry of Transport before February annually. The report format for transport activity status is attached as Appendix 18.

Article 53. Inspection of Motor Vehicle Transport Operations

Relevant agencies under the Ministry of Transport, Vietnam Highway Corporation, and Provincial Department of Transport shall be responsible for urging, inspecting compliance with regulations on motor vehicle transport operations within their respective authorities.

Article 54. Effective Date

1. This Circular shall take effect 45 (forty-five) days from the date of signature. The following Decisions are hereby repealed:

a) Decision No. 16/2007/QĐ-BGTVT of the Minister of Transport dated March 26, 2007 promulgating regulations on fixed-route bus passenger transport, contractual passenger transport, and tourist passenger transport by bus;

b) Decision No. 17/2007/QĐ-BGTVT of the Minister of Transport dated March 26, 2007 promulgating regulations on taxi passenger transport;

c) Decision No. 34/2006/QĐ-BGTVT of the Minister of Transport dated October 16, 2006 promulgating regulations on public passenger transport management by bus;

d) Decision No. 07/2008/QĐ-BGTVT of the Minister of Transport dated April 29, 2008 amending and supplementing certain provisions of the "Regulations on Fixed-Route Bus Passenger Transport, Contractual Passenger Transport, and Tourist Passenger Transport by Bus" issued together with Decision No. 16/2007/QĐ-BGTVT dated March 26, 2007; "Regulations on Taxi Passenger Transport" issued together with Decision No. 17/2007/QĐ-BGTVT dated March 26, 2007 of the Minister of Transport.

2. Types of license plates and logbooks according to current decisions may continue to be used until their expiration date but not later than December 31, 2010.

3. Fixed inter-provincial routes with a distance of 300 kilometers or more that start and end at bus stations which are not Class IV, III, II, or I bus stations may operate until the permitted time but not later than December 31, 2010.

Article 55. Responsibility for Implementation

1. The Director of Vietnam Highway Corporation shall be responsible for coordinating with relevant agencies within the transportation sector to direct, urge, and monitor the implementation of this Circular.

2. The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of Provincial Departments of Transport under centrally governed cities and provinces; Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.