Circular No. 18/2013/TT-BGTVT provides detailed regulations on the organization and management of road passenger and cargo transportation activities using motor vehicles and related support services.

CIRCULAR

Provisions on organization and management of transportation business activities

by motor vehicles and road transport support services

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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 passenger and cargo transport using motor vehicles;

Based on Decree No. 93/2012/NĐ-CP dated November 8, 2012 of the Government amending and supplementing certain articles of Decree No. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business operations and conditions for operating road passenger and cargo transport using motor vehicles;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport.

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

The Minister of Transport issues this Circular to provide provisions on the organization and management of road passenger and cargo transport business operations using motor vehicles and related support services.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular provides for the organization and management of road passenger transport, cargo transport using motor vehicles, and related support services for road transport.

2. Provisions regarding rest areas on roads shall be implemented according to the National Technical Regulations on rest areas on roads issued by the Minister of Transport.

Article 2. Applicability

This Circular applies to management agencies; organizations and individuals engaged in or related to road transport business operations using motor vehicles and related support services.

Article 3. Explanation of Terms

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

1. The route of operation is determined by the departure station, destination station, road routes, pick-up and drop-off points for passengers, and rest stops (if any) that the vehicle passes through.

2. The schedule of the vehicle's operation is a compilation of corresponding time points for each position of the vehicle along its route.

3. The diagram of the vehicle's operation is a compilation of the route and schedule of the vehicle's operation for trips within a specific period of time.

4. The bus schedule is the sequence of departure times of trips from a bus station within a given period.

5. Passenger pick-up and drop-off points are road facilities along the route of operation designated for fixed-route passenger-carrying motor vehicles to stop for passengers to board and disembark as prescribed by competent authorities.

6. Bus stop is a road facility designed and announced for buses to stop for passengers to board and disembark as prescribed by competent authorities.

7. Passenger bus station is a road transport infrastructure facility serving passenger-carrying motor vehicles to pick up and drop off passengers and provide related support services for public passenger transport.

8. Cargo motor vehicle terminal (cargo terminal) is a road transport infrastructure facility serving cargo-carrying motor vehicles to load and unload goods and provide related support services for cargo transport.

9. Parking lot is a road transport infrastructure facility for parking road motor vehicles.

10. Vehicle parking service is a support service for road transport where organizations and individuals provide vehicle parking services and are paid fees.

11. Freight forwarding agency is a support service for road transport where organizations and individuals are authorized by transport businesses or shippers to perform one or more stages in the transport process.

12. Ticket sales agency is a support service for road transport where organizations and individuals are authorized by transport businesses to sell tickets to passengers.

13. Cargo collection service is a support service for road transport where organizations and individuals use road motor vehicles to collect goods to a specified location at the request of transport businesses or shippers.

14. Transfer service is a support service for road transport where organizations and individuals use road motor vehicles to transport people or goods on a specific leg of a journey.

15. Warehouse service is a support service for road transport where organizations and individuals provide storage space in their warehouses to transport businesses or persons with goods for storage.

16. Road transport rescue service is a support service for road transport where organizations and individuals provide assistance to vehicles when they encounter accidents or technical malfunctions on the road.

17. Transportation business entity is a company, cooperative, or individual business participating in road transport business operations using motor vehicles.

Chapter 2

ROAD PASSENGER TRANSPORT BUSINESS OPERATIONS USING MOTOR VEHICLES

Section 1. GENERAL REQUIREMENTS

Article 4. Provisions for transport business units

1. Possess a Business License for Motor Vehicle Transport for those types of business operations requiring such a license. The application for a Business License for Motor Vehicle Transport follows the model prescribed in Appendix 1 of this Circular, and the Business License for Motor Vehicle Transport follows the model prescribed in Appendix 2 of this Circular.

2. Have and implement the registered business plan for motor vehicle passenger transport according to the form prescribed in Appendix 3 of this Circular.

3. Ensure a minimum number of good days for vehicles equal to 110% of the operational days according to the business plan (applicable only to fixed-route passenger transport and bus passenger transport).

Article 5. Management and monitoring units for traffic safety conditions

Companies and cooperatives engaged in fixed-route passenger transport using motor vehicles, buses, taxis, and cargo transport using motor vehicles carrying containers must have a department responsible for monitoring and overseeing traffic safety conditions to perform the following tasks:

1. Develop and implement a traffic safety assurance plan for the unit's transport activities according to the model prescribed in Appendix 4 of this Circular; statistics, analyze traffic accidents, organize experience sharing among drivers and managers of the unit.

2. Inspect and ensure technical safety and environmental protection conditions before vehicles participate in operations; urge, monitor, and supervise the implementation of regular technical inspections and maintenance schedules for vehicles.

3. Manage and utilize information from vehicle GPS tracking devices to serve the unit's operations and provide mandatory information to competent state management agencies as required for each vehicle.

4. Organize or coordinate in organizing publicity and dissemination of laws and regulations on traffic order and safety, and professional ethics education and vocational training for drivers and onboard staff.

Article 6. Installation, management, and exploitation of information from vehicle tracking devices

1. Transportation business entities are responsible for:

a) Installing GPS tracking devices on all vehicles under the entity's control in accordance with regulations;

b) Maintaining good technical condition to ensure continuous transmission of mandatory information from GPS tracking devices to the entity throughout the business operation period of vehicles under its management and providing such information in compliance with the requirements of competent state management agencies;

c) Shall provide usernames and passwords to access the management software to track mandatory information from the vehicle's onboard monitoring device, as required by competent state management authorities in accordance with regulations governing the installation of such devices on vehicles subject to their use;

d) Update and systematically store the minimum mandatory information for at least 01 (one) year;

đ) In cases where a transport business entity does not directly implement the provisions set out in points b and d of this clause, it may enter into a mandate contract with a service provider for managing information from the onboard monitoring device. A certified copy of the mandate contract must be sent to the Department of Transport that issued the transport business license. The service provider must comply with the provisions set out in points b and d of this clause and shall not provide information from the onboard monitoring device to any third party other than competent state management authorities;

2. Competent state management authorities shall be responsible for securing the information from the onboard monitoring device provided by transport business entities;

Article 7. Registration of Service Quality for Enterprises and Cooperatives Engaged in Passenger Transport Services Along Fixed Routes, Buses, and Taxis

1. Enterprises and cooperatives engaged in passenger transport services along fixed routes, buses, and taxis shall register the quality of their transport services. The service quality registration form shall follow the model prescribed in Appendix 6 of this Circular;

2. The content of the service quality registration includes:

a) For transport vehicles: brand name; capacity (number of seats or number of sleeping berths; standing room on buses); emission standards; age limit of the vehicle; equipment serving passengers on board; regular maintenance and repair schedules; pre-operation technical condition, safety, and hygiene checks;

b) For drivers and service staff: service attitude, driver’s license category, age, driving experience according to category, training and refresher courses for passenger transport operations;

c) Passengers' rights: designated seating, standing space (for buses), free baggage allowance (not applicable for taxis), insurance coverage, hotlines of the transport business entity;

d) Services provided to passengers;

đ) Procedures for receiving and processing complaints and suggestions from passengers and mass media;

3. The service quality registration form shall be submitted to the Department of Transport together with the application for a motor vehicle transport business license. The Department of Transport receiving the application shall be responsible for monitoring and inspecting the posting and implementation of the registered service quality contents;

4. Enterprises and cooperatives engaged in passenger transport services along fixed routes when registering new routes or participating in route exploitation shall supplement the registration of service quality on the route according to the model prescribed in Appendix 7 of this Circular;

Section 2. ROAD PASSENGER TRANSPORT BUSINESS OPERATIONS USING MOTOR VEHICLES FIXED ROUTES

Article 8. Criteria for establishing routes

1. There must be a system of public roads officially announced for exploitation throughout the entire route.

2. There must be departure stations and arrival stations that have been officially announced and put into operation by competent authorities and meet the conditions for reception;

3. There must be enterprises or cooperatives registered to participate in the exploitation of passenger transport services by motor vehicles on the route;

Article 9. Passenger pick-up and drop-off points

1. Criteria for pick-up and drop-off points:

a) Pick-up and drop-off points can only be located at positions ensuring traffic safety, convenience for passengers to board and disembark, and easy access to these points;

b) There must be sufficient area for vehicles to stop for pick-up and drop-off without affecting the flow of other vehicles on the road;

c) Pick-up and drop-off points must be marked with Sign 434a according to the National Technical Regulation on Road Signs (QCVN 41: 2012/BGTVT) and accompanied by a supplementary sign reading "FIXED ROUTE PASSENGER PICK-UP AND DROP-OFF POINT";

d) The minimum distance between two adjacent pick-up and drop-off points or between a pick-up/drop-off point and a rest stop or terminal at either end of the route is 05 (five) kilometers;

2. Traffic organization at pick-up and drop-off points:

a) Fixed route pick-up and drop-off points shall serve only fixed route passenger transport vehicles for pick-up and drop-off purposes, strictly prohibiting their use for other activities;

b) At pick-up and drop-off points, each fixed route passenger transport vehicle is allowed to stop for a maximum of 03 (three) minutes;

3. Determination, approval, investment, management, operation, and maintenance of pick-up and drop-off points:

a) The local Department of Transport (in cases involving national highways managed by the Ministry of Transport, coordination with the highway management authority is required) shall determine the location of fixed route pick-up and drop-off points and submit them for approval by the provincial People's Committee;

b) The provincial People's Committee shall be responsible for organizing and managing, ensuring traffic safety, public security, and environmental sanitation in the areas around pick-up and drop-off points;

c) Fixed route pick-up and drop-off points shall be invested in and constructed based on the following principles:

For newly built or upgraded roads: the project investor shall include it as part of the construction project;

For currently operational roads: the highway management authority shall invest in and construct it according to the approved location by the provincial People's Committee;

d) The Department of Transport shall issue a notice regarding the commencement or cessation of operation of pick-up and drop-off points on fixed routes;

đ) The highway management authority shall be responsible for maintaining and repairing pick-up and drop-off points on routes under its jurisdiction;

Article 10. Posting

1. Posting on the Department of Transport's website: list of routes according to the master plan (after publication of the master plan); list of currently operating routes; total number of trips on each route; list of vehicles registered for business on each route; ticket prices on the route; hotline of the Department of Transport;

2. Posting at bus stations: schedule of all departures for each trip; hotline of the transport business entity.

3. Post at the ticket counter: the schedule of each bus trip on the route with the following information: name of the transport business unit, fare, travel route, passenger services during the journey, free baggage allowance, hotline number of the transport business unit.

4. Post on the vehicle:

a) Post above the front windshield: route code, starting point, and endpoint of the route;

b) Post on the outer sides of the vehicle body or doors: name and phone number of the enterprise or cooperative;

c) Post inside the vehicle: fare, travel route, passenger services during the journey, free baggage allowance, hotline number of the transport business unit.

5. Responsibility for posting: The Department of Transport shall post according to the provisions of Clause 1 of this Article; Bus stations shall post at the station and at the ticket counters for routes entrusted to sell tickets; Transport business units shall post on vehicles and at their own ticket counters.

Article 11. Provisions for fixed-route passenger transport vehicles

1. Post according to the provisions of Clause 4, Article 10 of this Circular.

2. Seating and sleeping berths in the vehicle must be numbered in sequence.

3. Fire extinguishers and emergency equipment must be provided on the vehicle.

4. Display the emblem "FIXED ROUTE BUS" according to the model in Appendix 8 of this Circular.

5. At the same time, each vehicle may only register and operate a maximum of two fixed-route passenger transport lines.

Article 12. Network Planning

1. By December 31, 2014, the Ministry of Transport shall approve and announce the network planning of inter-provincial fixed-route passenger transport lines; provincial People's Committees shall approve and announce the network planning of intra-provincial fixed-route passenger transport lines.

2. The General Department of Transportation shall be responsible for managing, monitoring, inspecting, and coordinating with Departments of Transport to implement the network planning of inter-provincial fixed-route passenger transport lines; Departments of Transport shall be responsible for managing, monitoring, inspecting, and implementing the network planning of intra-provincial fixed-route passenger transport lines.

3. Based on economic and social development conditions and factors affecting transportation activities on fixed-route passenger transport lines, the General Department of Transportation or Departments of Transport may propose the Ministry of Transport or provincial People's Committees to adjust the planning according to the authority stipulated in Clause 1 of this Article.

Article 13. Opening New Routes

1. Enterprises and cooperatives that have been granted a Business License for road transport by motor vehicles may apply to open new routes.

2. A new route must meet at least one of the three criteria: departure bus station, arrival bus station, or highway sections on the route not overlapping with existing announced fixed-route passenger transport lines.

3. Departments of Transport shall approve the opening of new routes for intra-provincial and inter-provincial fixed-route passenger transport lines.

4. The application for opening a new route includes:

a) An Application Form for Opening a New Route according to the model prescribed in Appendix 9 of this Circular;

b) An Operation Plan for Fixed-Route Passenger Transport by Motor Vehicles according to the model prescribed in Appendix 10 of this Circular;

c) Fixed-route transport service quality registration form as prescribed in Appendix 7 of this Circular.

5. Provisions on handling applications:

a) Enterprises and cooperatives submit one set of application documents to the Department of Transport where the main office or branch office is located;

b) If the application does not comply with the requirements stipulated in Clause 4 of this Article, the Department of Transport shall notify the enterprise or cooperative directly or in writing within a maximum of two working days from the date of receipt of the application about the necessary amendments and supplements;

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

Within three working days from the date of receiving complete application documents, the Department of Transport receiving the application shall send a letter to the Department of Transport at the other end of the route to seek opinions based on the enterprise or cooperative's request;

Within three working days from the date of receiving the opinion-seeking letter, the Department of Transport requested to provide opinions shall reply in writing; if there is no response beyond this period, it will be considered as agreement to open the new route;

Within ten working days from the date of receiving complete application documents, the Department of Transport receiving the application shall issue a letter approving the opening of the route to the enterprise or cooperative according to the model prescribed in Appendix 11 of this Circular. In case of non-approval, a written response with reasons must be provided.

d) For intra-provincial fixed-route passenger transport lines:

Within three working days from the date of receiving complete application documents, the Department of Transport receiving the application shall issue a letter approving the opening of the route to the enterprise or cooperative according to the model prescribed in Appendix 11 of this Circular. In case of non-approval, a written response with reasons must be provided.

đ) The submission of applications and issuance of results shall be conducted at the agency's headquarters or through postal service;

e) Letters approving the opening of inter-provincial fixed routes shall be sent to enterprises, cooperatives, and bus stations at both ends of the route for implementation and simultaneously sent to the General Department of Transportation and the Department of Transport at the other end of the route for coordinated management.

6. Trial operation:

a) If the enterprise or cooperative does not commence trial operations within sixty days from the date of approval letter, the approval letter will become invalid;

b) The trial operation period on the new route shall not exceed six months from the date of approval. After a minimum of three consecutive months of trial operation, the enterprise or cooperative may proceed with procedures to announce the route for regular operation.

7. After the network planning is announced according to Clause 1 of Article 12 of this Circular, enterprises and cooperatives that have been granted a Business License for road transport by motor vehicles may register to operate routes according to Article 15 of this Circular based on the announced planning without applying the new route opening regulations stipulated in this Article.

Article 14. Announcement of Routes for Operation

1. Enterprises and cooperatives that have been approved to operate on routes have the right to request competent authorities to announce the routes for operation. Fixed-route passenger transport lines must meet the following requirements when announced for operation:

a) Comply with the network route planning (applicable after the network route planning is published according to Clause 1, Article 12 of this Circular);

b) Meet the criteria for establishing routes as stipulated in Article 8 of this Circular and not overlap with already announced routes.

2. Authority to Announce Routes for Operation:

a) The Vietnam Road Administration announces inter-provincial fixed-route passenger transport lines;

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

3. Documents for Requesting Route Announcement for Operation:

a) Application for announcing the fixed-route passenger transport line for operation according to the form prescribed in Appendix 12 of this Circular;

b) Report on the results of trial operation of the fixed-route passenger transport line according to the form prescribed in Appendix 13 of this Circular (only applicable to routes announced before the network route planning is available).

4. Provisions on Handling Documents:

a) Enterprises and cooperatives submit one set of documents to the Provincial Department of Transport where the enterprise or cooperative has its main office or branch office;

b) In cases where documents need to be amended or supplemented, the Provincial Department of Transport will notify enterprises and cooperatives directly or in writing about the necessary amendments or supplements within a maximum period of two working days from the date of receipt of the documents as stipulated in Clause 3 of this Article;

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

Within three working days from the date of receiving complete documents in accordance with regulations, the Provincial Department of Transport where the documents are received shall issue a letter requesting the submission of the enterprise's or cooperative's application documents to the Vietnam Road Administration for route announcement. In case of refusal to announce the route for operation, the Provincial Department of Transport must respond in writing to the enterprise or cooperative and clearly state the reasons;

Within three working days from the date of receiving the request letter from the Provincial Department of Transport, the Vietnam Road Administration shall issue a route announcement letter according to the form prescribed in Appendix 14 of this Circular. In case of refusal to announce the route for operation, the Vietnam Road Administration must respond in writing and clearly state the reasons;

d) For intra-provincial fixed-route passenger transport lines: Within three working days from the date of receiving the request letter, the Provincial Department of Transport shall issue a route announcement letter for operation according to the form prescribed in Appendix 14 of this Circular. In case of refusal to announce the route for operation, the Provincial Department of Transport must respond in writing and clearly state the reasons;

đ) The announcement letter for announcing the inter-provincial fixed-route passenger transport line for operation shall be simultaneously sent to the Provincial Departments of Transport at both ends of the route for coordinated management and to the enterprises, cooperatives, and bus stations at both ends of the route for implementation. The announcement letter for announcing the intra-provincial fixed-route passenger transport line for operation shall be simultaneously sent to the Vietnam Road Administration for coordinated management;

e) The announcement letter for announcing the fixed-route passenger transport line for operation must be publicly posted on the website of the issuing authority.

5. Receipt of documents and issuance of results shall be conducted at the competent authority's office or through postal service.

6. Only enterprises and cooperatives that have continuously participated in trial operations for three months or more may continue to operate the route for the next twelve months.

7. The Vietnam Road Administration shall specify the route code.

Article 15. Registration for operation and adjustment of current operational plans on routes

1. Enterprises and cooperatives with a Business License for passenger transport by motor vehicles may register to operate on a route or adjust their current operational plans on the route (including increasing frequency of vehicle runs) according to the principle that the departure times of vehicles registered at both ends of the terminal do not overlap and ensure the required time interval as prescribed with other enterprises' and cooperatives' trips currently operating or previously registered in the following cases:

a) When the competent authority announces a master plan, adjusts the master plan, or decides to increase the frequency of vehicle runs as stipulated in point a, Clause 2 of this Article;

b) When the average load factor of the entire route reaches over 50%. The average load factor of the entire route is determined by dividing the total number of passengers departing from both terminals of all trips on the route during six consecutive months up to the registration date by the total number of seats of corresponding trips;

c) When the average load factor of the unit's entire route reaches over 50%. The average load factor of the unit's entire route is determined by dividing the total number of passengers departing from both terminals of all trips belonging to the enterprise or cooperative during six consecutive months up to the registration date to increase the frequency of vehicle runs by the total number of seats of corresponding trips;

d) After the network planning is announced in accordance with Clause 1, Article 12 of this Circular, enterprises and cooperatives currently operating on routes not included in the planning have the right to continue operating according to the registered plan for a period not exceeding twenty-four months from the date of announcing the planning. Upon expiration of this period, the competent authority issuing permission to operate the route shall issue a notice to cease operations and send it to the enterprise, cooperative, terminals at both ends of the route, Vietnam Highway Administration, the Department of Transport of the province at the other end of the route, and announce it on its own electronic information website.

2. Route management agency:

a) Annually on March 31, the Department of Transport shall publicly announce on its electronic information website the maximum number of trips allowed to be operated on the route for the next twelve months, the minimum running interval between trips, and the schedule of trips currently being operated on each route managed by the Department of Transport, consistent with approved fixed-route passenger transport network planning or adjustments;

b) The Department of Transport manages intra-provincial routes and collaborates with the Department of Transport at the other end of inter-provincial routes according to the principle:

The Department of Transport takes the initiative to implement route management activities within its jurisdiction; the Department of Transport where transportation management issues arise is responsible for taking the lead and coordinating with the Department of Transport at the other end of the route to address and resolve them;

3. Application documents:

a) A route operation registration form in accordance with Appendix 9 of this Circular;

b) An Operation Plan for Fixed-Route Passenger Transport by Motor Vehicles according to the model prescribed in Appendix 10 of this Circular;

c) Fixed-route transport service quality registration form as prescribed in Appendix 7 of this Circular.

4. Provisions on Handling Documents:

a) Enterprises and cooperatives submit one set of application documents to the Department of Transport at the route's starting point or the main office or branch office of the entity;

b) In case the application documents need to be amended or supplemented, the Department of Transport will notify the enterprise or cooperative directly or in writing about the necessary amendments or supplements within a maximum of two working days from the date of receipt of the documents;

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

Within three working days from the date of receiving complete documents in accordance with regulations, the Department of Transport receiving the documents shall send a letter to the Department of Transport at the other end of the route to seek opinions based on the enterprise or cooperative's request;

Within three working days from the date of receiving the opinion-seeking letter, the Department of Transport seeking opinions must reply in writing. Upon expiration of this period, it is deemed that this Department of Transport has agreed with the enterprise or cooperative's route operation registration content;

Within ten working days from the date of receiving complete documents in accordance with regulations, the Department of Transport receiving the documents shall issue a letter approving the operation of the route to the enterprise, cooperative, and terminals at both ends of the route in accordance with the model specified in Appendix 11 of this Circular. If approval is not granted, a written response must be provided with clear reasons. The approval letter shall be simultaneously sent to Vietnam Highway Administration and the Department of Transport at the other end of the route for coordinated management;

d) For fixed-route passenger transport lines within the province: Within three working days from the date of receiving complete documents in accordance with regulations, the Department of Transport receiving the documents shall issue a letter approving the operation of the route to the enterprise or cooperative in accordance with the model specified in Appendix 11 of this Circular. If approval is not granted, a written response must be provided with clear reasons;

đ) The acceptance of dossiers and issuance of results shall be conducted at the management agency's office or via postal service.

5. The approval document for route operation becomes effective from the date of signature and has the effect of the validity of the Business License for passenger transport by motor vehicles already issued to the enterprise or cooperative. Sixty days from the date of issuance of the approval document, if the enterprise or cooperative does not commence vehicle operation, the approval document ceases to be valid;

6. The provisions of Clauses 3, 4, and 5 of this Article shall not apply in cases where the Department of Transport decides to supplement means of transport or increase the frequency of vehicle runs to serve passenger transport during the following occasions: Lunar New Year (not exceeding thirty days); holidays, festivals, and university entrance exams (not exceeding ten days).

Article 16. Supplementing and Replacing Vehicles Operating on Routes

Enterprises and cooperatives may replace vehicles currently operating on routes or supplement vehicles without increasing the frequency of vehicle operation on the route. The replacement and supplementary vehicles must have the same capacity as those currently operating on the route. Prior to supplementing or replacing vehicles, enterprises and cooperatives must notify according to the form prescribed in Appendix 15 of this Circular to the Department of Transport and send to both terminal stations on the route for coordination.

Article 17. Suspension of Operations and Reduction in Frequency of Vehicle Operation on Routes

1. At least 20 (twenty) days before implementing a reduction in the frequency of vehicle operation or suspension of operations on the route, enterprises and cooperatives must notify in writing according to the form prescribed in Appendix 15 of this Circular to the Department of Transport and both terminal stations on the route.

2. At least 07 (seven) days before the route ceases operations or reduces the frequency of vehicle operation, both terminal stations on the route are responsible for publicly announcing at the station.

3. Within 05 (five) working days after the cessation of operations, enterprises and cooperatives must return the route operation permit of the ceased vehicles to the Department of Transport that issued it.

Article 18. Dispatch Orders

1. Dispatch orders are issued for each trip and printed by enterprises and cooperatives according to the form prescribed in Appendix 16 of this Circular. In addition to the mandatory contents prescribed in Clause 2 of this Article, enterprises and cooperatives may include additional contents to serve their management needs.

2. Contents and responsibilities for recording information in Dispatch Orders:

a) Enterprises and cooperatives record: name, address, telephone number of the enterprise, cooperative; names of drivers and service staff on the vehicle, license plate number of the automobile; number of seats for passengers; transport route; route code; route distance; departure terminal, arrival terminal;

b) Terminal units record: number of passengers boarding at the terminal; confirmation that the vehicle and driver meet the conditions for departure; actual departure time from the terminal; actual arrival time at the terminal; signature and stamp;

c) Enterprises and cooperatives are responsible for managing, issuing, and checking the use of Dispatch Orders by drivers; storing Dispatch Orders for one year to serve state management.

Article 19. Suspension of Operations and Revocation of Route Operation Approval

1. The Department of Transport shall issue a suspension notice with a specified duration according to the form prescribed in Appendix 5 of this Circular when enterprises and cooperatives violate the acts stipulated in Clause 2 of this Article. The suspension notice on the route shall be sent to both terminal stations and the Department of Transport at the other end of the route for coordinated management.

2. Enterprises and cooperatives suspended from operating on the route for a period of 01 (one) month to 03 (three) months to rectify violations and simultaneously have their route operation approval revoked during that period if they commit any of the following violations:

a) Operating less than 70% of scheduled trips in one month;

b) Providing inaccurate mandatory information as required from the vehicle's onboard monitoring device;

c) Within 12 (twelve) consecutive months of operating the route, the number of vehicles on the route having their permits revoked for a period of 01 (one) month reaches 30% or more; or the number of vehicles on the route having their permits revoked for a period of 06 (six) months reaches 15% or more;

d) When extracting data from the onboard monitoring devices of all vehicles operating on the route over a continuous three-month period shows that: 5% of the number of trips made on the route involve driver violations of the route; or 20% of the number of trips made on the route involve driver violations of speed regulations or violations of passenger pick-up and drop-off locations; or 10% of the number of trips made on the route involve driver violations of driving time regulations.

Article 20. Responsibilities of enterprises and cooperatives engaged in passenger transport operations

1. Implement measures to organize and carry out approved passenger transport routes by road vehicles in accordance with the plan.

2. Organize training and guide operational skills, traffic safety, and professional ethics for drivers and service staff on vehicles according to the framework program issued by the Vietnam Highway Administration.

3. Maintain a logbook to monitor and manage the use of vehicle identification plates and transport orders by the unit; record information on transport orders and issue them to drivers in accordance with regulations; store executed transport orders in accordance with Clause c of Article 18 of this Circular.

4. Develop a plan to ensure traffic safety in the unit's transport activities, implement inspection, supervision, statistics, analysis, and evaluation of the implementation of the plan.

5. Must refund at least ninety percent of the ticket price to passengers who have purchased tickets but refuse to travel at least two (2) hours before the vehicle departs; refund at least seventy percent of the ticket price to passengers who have purchased tickets but refuse to travel at least thirty (30) minutes before the vehicle departs.

6. Bear responsibility when the unit's vehicles, drivers, or service staff violate overloading or exceeding the number of passengers allowed as stipulated; violate other regulations in transport activities.

7. Equip uniforms and name badges for drivers and service staff on vehicles; name badges must be affixed with photographs bearing the unit's stamp, clearly stating full name and managing unit.

8. Other responsibilities shall be carried out in accordance with the provisions of the Road Traffic Law.

Article 21. Responsibilities of units operating bus stations

1. Report to the Department of Transportation of the local province the regulations of the unit regarding authority, responsibilities, list, positions, and signatures of individuals assigned to inspect and confirm transport orders.

2. Not allow vehicles to depart if the license plate and driver do not match the content in the Transport Order; report to the Department of Transportation for handling in accordance with regulations.

3. Other regulations concerning bus stations shall be implemented in accordance with national technical standards for bus stations issued by the Ministry of Transport.

Article 22. Rights and responsibilities of drivers and service staff on vehicles

1. Wear name badges and uniforms in accordance with the models provided by the enterprise or cooperative; carry the Transport Order for the current route being operated.

2. Adhere to the Transport Order issued by the enterprise or cooperative; ensure security and order on the vehicle; pick up and drop off passengers at departure and arrival bus stations and designated stops as prescribed.

3. Shall not exceed the permitted number of passengers; issue correct and complete tickets to all passengers; guide passengers to sit in their assigned seats according to their tickets, inform passengers of rules while traveling, assist passengers (especially those with disabilities, elderly people, pregnant women, and those with children).

4. Before the vehicle departs, request confirmation from the bus station regarding the information specified in the Transport Order.

5. Comply with laws and regulations on ensuring traffic order and safety.

6. Have the right to refuse transportation to passengers whose behavior disrupts public order, obstructs the work of drivers and service staff, adversely affects the health and property of others, engages in fare evasion, or passengers suffering from dangerous infectious diseases.

7. Other rights and responsibilities shall be carried out in accordance with the provisions of the Road Traffic Law.

Article 23. Rights and responsibilities of passengers traveling by vehicle

1. Request enterprises and cooperatives to provide services according to the registered and posted service quality standards.

2. Request staff on board to issue tickets correctly after payment; keep the ticket throughout the journey and present it when inspected by authorized personnel.

3. Receive refunds for ticket prices as stipulated in Clause 5 of Article 20 of this Circular.

4. Lodge complaints, suggestions, and reports regarding violations of transport management regulations by transport business units, drivers, and staff on board, and request compensation for damages (if any).

5. Comply with regulations during travel to ensure safety and order on the vehicle; board and disembark at bus stations or designated stops as prescribed.

6. Other rights and obligations shall be carried out in accordance with the provisions of the Road Traffic Law.

Section 3. PASSENGER TRANSPORT BY BUS

Article 24. Provisions for buses

1. On the bus, fire extinguishers and emergency equipment shall be provided.

2. Posting:

a) Post externally on the vehicle:

Above the front and rear windshields: route number, starting point, and endpoint of the route;

On the right side of the vehicle: route number; fare and contact number of the enterprise or cooperative.

b) Inside the bus: route number; diagram showing the starting point, end point, and intermediate stops along the route; fare; hotline number; responsibilities of the driver, on-board staff, and passengers.

Article 25. Registration of distinctive paint color

1. Before putting the vehicle into operation, enterprises and cooperatives must register the distinctive paint color. The Registration Certificate follows the form prescribed in Appendix 18 of this Circular.

2. The Registration Certificate shall be sent to the Department of Transport where the enterprise or cooperative has its main office or branch office. The Department of Transport shall confirm and publicly announce the registered distinctive paint color on the Department's website.

3. For provinces and centrally-administered cities that have specific regulations on the paint color for buses, transport units must comply with the provincial or city regulations.

Article 26. Starting Point, End Point, Stops, and Bus Shelters

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

a) There must be sufficient space for buses to turn around safely and wait without compromising traffic safety;

b) Information boards must display the following details: route name; route number; itinerary; frequency; daily operating hours of the route; phone number of the route management authority and the enterprise or cooperative operating the route;

c) Must have a shelter for passengers.

2. Bus stops:

a) Areas where buses stop to pick up and drop off passengers must be marked with signs and road markings as prescribed; the sign must indicate the route number, route name (starting point - end point), and the itinerary of the bus routes stopping there;

b) In urban areas where the sidewalk width is five meters or more, and outside urban areas where the curb width is two point five meters or more, bus shelters must be constructed at bus stops.

3. Bus shelters:

a) The Department of Transport shall specify the model of bus shelters within their jurisdiction;

b) At bus shelters, information such as route number, route name, itinerary, frequency, daily operating hours of the route, phone number of the route management authority, map or network diagram must be posted.

4. The starting point, end point, stops, and bus shelters must be constructed to facilitate access and use by persons with disabilities.

Article 27. Investment in Infrastructure Construction for Passenger Transport by Buses

1. The infrastructure system serving passenger transport by buses includes: dedicated bus lanes, starting points, end points, stops, signs, bus shelters, transfer points, parking lots.

2. The infrastructure system for public bus transport shall be invested in and constructed from state budget funds or through socialization.

3. The Department of Transportation has the responsibility to manage and maintain the infrastructure system for public bus transport at the local level.

Article 28. Announcement of Opening New Bus Routes for Passenger Transport

1. The Department of Transport shall announce the opening of new bus routes for passenger transport in accordance with the approved network planning by the Provincial People's Committee. For bus routes passing through the territory of two or three provinces or cities, the announcement shall be made by the Department of Transport where the enterprise or cooperative has its main office or branch office, after obtaining approval from the relevant Provincial People's Committee (or authorized agency).

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

a) Enterprise or cooperative operating the route;

b) Route number; distance; itinerary (starting point, end point, stops);

c) Schedule, operating hours of the route (at least twelve hours per day);

d) Brand, capacity of vehicles operating on the route;

e) Fare.

3. The Department of Transport must publish the contents specified in Clause 2 of this Article on mass media and on the Department's website at least ten working days before the commencement of passenger transport operations on the bus route.

Article 29. Management of Passenger Transport by Bus

1. The Department of Transportation organizes the implementation of tendering, designation of tender, or ordering the operation of bus passenger transport routes in accordance with the provisions of the law.

2. Enterprises and cooperatives holding a Business License for Passenger Transport by Road in the form of bus transport may register to participate in tenders, be designated to tender, or be ordered to operate bus passenger transport routes.

3. The local Department of Transportation and enterprises or cooperatives that win the tender or are ordered to operate sign a contract for operating the route. The contract must clearly state the winning route exploitation plan, including: route name, route number, vehicle brand, vehicle capacity, fare, schedule on the route, duration of the contract.

4. The Department of Transportation decides to adjust part or all of the schedule for running buses on intra-provincial routes; enterprises and cooperatives adjust their route exploitation plans accordingly with the new adjusted schedule; the Department of Transportation and enterprises or cooperatives sign and stamp to confirm the new route exploitation plan as part of the route exploitation contract.

5. For bus routes passing through the territory of two or three provinces or cities, the adjustment of the schedule for running buses on the route is carried out by the Department of Transportation where the enterprise or cooperative has its main office or branch office located, after receiving written consent from the People's Committee of the province (or authorized agency) concerned.

6. The decision to adjust the schedule for running buses shall be published on mass media at least ten days before implementation.

Article 30. Suspension of Operation on Route and Closure of Route

1. Enterprises and cooperatives submit a written request to suspend operation on the route to the Department of Transportation and can only suspend when approved in writing by the Department of Transportation. Within ten working days from receipt of the request from the enterprise or cooperative, the Department of Transportation issues a written approval specifying the time when the enterprise or cooperative can suspend operation on the route. If not approved, the Department of Transportation must respond in writing and specify the reasons. After fifteen working days, if the Department of Transportation does not provide feedback, it will be considered as having approved the suspension of operation on the route by the enterprise or cooperative.

2. If an enterprise or cooperative unilaterally suspends operation on the route before obtaining approval from the Department of Transportation, it will be deemed to have unilaterally terminated the route exploitation contract and will be dealt with according to the law.

3. In cases where the suspension of operation on the route leads to changes in the frequency of runs on the route or closure of the route, the Department of Transportation shall announce the new frequency of runs or closure of the route on mass media at least ten working days before the approved date for the enterprise or cooperative to suspend operation on the route.

Article 31. Supplementing Vehicles, Replacing Vehicles

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 bus routes passing through the territory of two or three provinces or cities, within ten working days, the leading Department of Transportation where the enterprise or cooperative has its main office or branch office located shall coordinate with the Departments of Transportation in the areas along the route before approving the supplementation or replacement of vehicles for operation on the route based on the proposal of the enterprise or cooperative.

Article 32. Responsibilities of enterprises and cooperatives engaged in transportation business

1. Implement measures to organize and execute the timetable for vehicle runs as stipulated in the operational plan signed in the contract.

2. Establish plans to ensure traffic safety in their transportation activities, implement inspections, supervision, statistics, analysis, and evaluation of the implementation of such plans.

3. Register the sample of driver identification cards and uniforms with the Department of Transport where the enterprise or cooperative has its main office or branch office if it operates bus routes. Provide uniforms and identification cards for drivers and on-board service staff; identification cards must be affixed with photographs and clearly state the full name and managing unit.

4. Organize training and guide drivers and on-board service staff in passenger transport operations, traffic safety, and professional ethics according to the framework program issued by the Vietnam Highway Administration.

5. Bear responsibility if the means of transport, drivers, or on-board service staff violate regulations on transportation activities.

Article 33. Rights and responsibilities of bus drivers and on-board service staff

1. Wear name badges and uniforms in accordance with the samples registered with the Department of Transport.

2. Adhere strictly to the approved timetable for vehicle runs.

3. Provide information about the route itinerary and stops when requested by passengers; guide and assist passengers (especially persons with disabilities, elderly people, pregnant women, or those with infants) when boarding and alighting from the vehicle.

4. Have the right to refuse transportation to passengers who cannot control their behavior, causing disruption to security, order, and safety on the vehicle; have the right to refuse transportation of prohibited goods, flammable or explosive items, goods with foul odors, or live animals.

Article 34. Rights and responsibilities of bus passengers

1. Be allowed to carry hand luggage weighing no more than 10 (ten) kilograms and dimensions not exceeding 30x40x60 centimeters;

2. Adhering to regulations when riding the bus and following the instructions of the driver and service staff on board.

3. Requesting service staff to issue the correct ticket type after payment; keeping the ticket throughout the journey and presenting it upon request for inspection by authorized personnel.

4. Lodge complaints, suggestions, and reports regarding violations of transport management regulations by transport business units, drivers, and staff on board, and request compensation for damages (if any).

5. Other rights and obligations shall be implemented in accordance with the provisions of the Road Traffic Law.

Section 4. PASSENGER TRANSPORTATION BY TAXI

Article 35. Provisions for taxis

1. Display:

a) Both sides of the vehicle: the name and telephone number of the enterprise or cooperative;

b) Inside the vehicle: fare chart based on kilometers traveled, waiting time fares, and other charges (if any) that passengers must pay.

2. Have the emblem "TAXI" as prescribed in Appendix 17 of this Circular; have a roof light with the word "TAXI" attached to the top of the vehicle; the roof light must be turned on when the vehicle is not carrying passengers and turned off when there are passengers on board.

3. Both sides of the car doors must be painted with the logo of the enterprise or cooperative.

4. Have a fare meter that has been inspected and sealed by the competent authority.

Article 36. Registration of logos

1. Before putting vehicles into operation, enterprises and cooperatives must register their logos and contact numbers on the vehicles. The registration form follows the model prescribed in Appendix 18 of this Circular.

2. The registration dossier 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 confirm the logo if it does not duplicate the registered logos of other enterprises or cooperatives and is responsible for publicly announcing the logos of enterprises or cooperatives on the Department's electronic information website.

Article 37. Documentation for Installation of Communication Equipment

1. A copy accompanied by the original for comparison or a certified copy of the Radio Frequency Usage Permit issued by the competent authority.

Before putting vehicles into operation, enterprises and cooperatives must establish a dispatch center, register communication frequencies, and install communication devices between the center and vehicles. The installation documentation for communication equipment must be submitted to the Department of Transportation at the location of the enterprise or cooperative's main office or branch for monitoring and management. The documentation includes:

Article 38. Taxi Parking Points

1. Taxi parking points include two types:

a) Taxi parking points organized and managed by enterprises or cooperatives;

b) Public taxi parking points organized and managed by local state management agencies.

2. Requirements for taxi parking points: ensuring order, safety, and not causing traffic congestion; meeting requirements for fire prevention and environmental sanitation.

3. The People's Committee of the province shall approve and announce the planning for the development of passenger transport by taxi, regulate the number of taxis, and organize and manage public taxi parking points in accordance with the transportation development plan and the specific characteristics of the locality.

Article 39. Responsibilities of Enterprises and Cooperatives

1. Register the sample of driver name tags and uniforms with the Department of Transport where the enterprise or cooperative has its main office or branch office. Provide uniforms and name tags to drivers; name tags must be affixed with photos, clearly stating full names and managing units.

2. Organize training and guide passenger transport operations, traffic safety, and professional ethics for drivers and service staff on board according to the framework program issued by the Vietnam Highway Administration.

3. Develop plans to ensure traffic safety in the unit's transport activities, implement inspection, supervision, statistics, analysis, and evaluation of plan implementation.

4. Bear responsibility when vehicles or drivers of the unit violate regulations on transport operations.

Article 40. Rights and Responsibilities of Drivers

1. Wear name badges and uniforms in accordance with the samples registered with the Department of Transport.

2. Drive the most beneficial route for passengers; charge fares according to the meter; record the driver card number, clearly write down full names, sign confirmation on the receipt, and hand over the receipt to passengers upon request.

3. Provide information about the route when requested by passengers; guide and assist passengers (especially people with disabilities, elderly persons, pregnant women, or those with infants) when boarding or alighting from the vehicle.

4. Have the right to refuse transportation for passengers who engage in behavior that disrupts security, order, or safety on the vehicle or who are suffering from dangerous infectious diseases; have the right to refuse transportation of prohibited goods, flammable or explosive items, goods with foul odors, or live animals.

Article 41. Rights and Responsibilities of Taxi Passengers

1. Request drivers to provide information about the route.

2. Pay the fare according to the meter on the vehicle and request the driver to issue a receipt for the correct amount when settling the fare.

3. Comply with regulations while riding and follow the driver's guidance.

4. Have the right to lodge complaints, make suggestions, and report violations of transport management regulations by transport businesses, drivers, and request compensation for damages (if any).

Section 5. PASSENGER TRANSPORTATION BY CONTRACT

Article 42. Regulations for Passenger Transport Vehicles by Contract

1. Record the name and phone number of the transport business unit at the top of both sides of the vehicle body or doors.

2. Display the "CONTRACT VEHICLE" emblem according to the model specified in Appendix 19 of this Circular.

3. Equip the vehicle with fire extinguishers and emergency escape tools.

Article 43. Organization and Management of Passenger Transportation by Contract

1. Contract passenger transport businesses and drivers can only pick up and drop off passengers at locations specified in the contract and collect transport fees according to the value of the signed contract; they may not sell tickets or confirm reservations for passengers under any form.

2. The contract for passenger transport must contain at least the following contents: contract execution time; departure and destination addresses; driving routes for both directions (clearly indicating pickup and drop-off points on both directions); number of passengers; contract value; passenger rights and services provided during the journey. Contracts for student transport can be established monthly, per semester, or annually, and within the contract execution period, the days of the week when the contract will be executed must be clearly stated.

3. When transporting passengers by contract, the driver must carry the transport contract. In cases of transporting passengers by contract over a distance of 100 (one hundred) kilometers or more, the driver must also carry a passenger list according to the model specified in Appendix 20 of this Circular (this provision does not apply to funeral vehicles or wedding vehicles).

Section 6. TOURIST PASSENGER TRANSPORTATION BY MOTOR VEHICLES

Article 44. Regulations for Tourist Passenger Transport Motor Vehicles

1. Record the name and phone number of the transport business unit at the top of both sides of the vehicle body or doors.

2. Must have a sign reading "TOURIST PASSENGER TRANSPORTATION VEHICLE" as prescribed.

3. Equip the vehicle with fire extinguishers and emergency escape tools.

Article 45. Organization and Management of Tourist Passenger Transportation Activities

1. Tourist passenger transportation business units and drivers may only pick up and drop off passengers at locations specified in the contract and charge transport fees according to the value of the signed contract; they shall not sell tickets or confirm reservations for passengers under any form.

2. The tourist passenger transportation contract or travel contract must include at least the following contents: contract implementation period; departure address, destination address; driving route (including clearly marked pick-up and drop-off points); number of passengers; contract value; passenger rights and services provided during the journey.

3. When transporting tourists, drivers must carry the tourist passenger transportation contract or travel contract; tour program; passenger list according to the model prescribed in Appendix 20 of this Circular.

Section 7. MARKS AND SIGNS

Article 46. General Provisions on Management and Use of Marks and Signs

1. Marks and signs must be affixed in a visible position on the right windshield of the vehicle. They shall not be erased or altered.

2. The validity period of marks and signs shall be consistent with the validity period of the Business License for Passenger Transport and shall not exceed the usage period of the vehicle. For vehicles added to serve passenger transport during Lunar New Year holidays and examination periods, the validity of the mark shall be as follows: Lunar New Year holiday (no more than thirty days); other holidays and examination periods (no more than ten days).

Article 47. Regulations on Issuance of Marks and Signs

1. Business units with a Business License for Passenger Transport by Motor Vehicles and a certificate from a cultural, sports, and tourism authority confirming their eligibility to transport tourists shall be issued signs by the Department of Transport for motor vehicles participating in tourist passenger transportation activities.

2. Business units engaged in taxi passenger transport, contractual transport, and container cargo transport with a Business License for Motor Vehicle Transport shall be issued marks by the Department of Transport for motor vehicles participating in business operations as proposed by the unit in accordance with Clause 4 of this Article.

3. Business units engaged in fixed-route passenger transport shall be issued new (reissued) marks by the Department of Transport for motor vehicles operating on the route when there is a written approval to open the route; announcement of the route; approval to operate the route; approval to increase frequency; notification of replacement or addition of vehicles without increasing the company's or cooperative's operating frequency in accordance with Clause 4 of this Article.

4. Business units engaged in passenger transport shall submit one set of application documents for issuance of new (reissued) marks to the Department of Transport where the main office or branch office is located. The documents include:

a) An application for issuance of new or reissued marks according to the model prescribed in Appendix 21 of this Circular;

b) A copy with the original for verification or a certified copy of the vehicle registration certificate and lease agreement with the leasing organization or individual, or economic commitment between members and cooperatives if the vehicle does not belong to the business unit (applicable only to newly requested marks). For vehicles registered in a different locality from the administrative procedure location, the transport business unit must also submit a confirmation of the operational status of the vehicle for transport business from the local Department of Transport where the vehicle is registered according to the model prescribed in Appendix 28 of this Circular;

c) A copy with the original for verification or a certified copy of the agency service contract for information management from the tracking device (in cases where the provisions of point d, Clause 1 of Article 6 of this Circular are implemented);

d) Damaged or expired marks or a violation handling record for the recovery of marks according to Article 48 of this Circular (applicable in cases of reissuing marks).

5. Within two working days from receipt of complete documents, the Department of Transport shall issue marks to the transport business units. If issuance is refused, the Department of Transport shall provide a written response with reasons. For taxis without fare meters or roof lights, fixed-route passenger transport vehicles, contractual transport vehicles, and container cargo transport vehicles that fail to comply with regulations related to installing tracking devices, reissuance of marks can only occur after the violation period has ended and the issues have been resolved.

6. Transport business units shall return supplementary marks for vehicles used during holidays and examination periods to the Department of Transport immediately after the marks expire.

7. The Department of Transport shall be responsible for:

a) Inspecting the business conditions and reporting procedures of transport business units to implement the reissuance of marks and signs;

b) Canceling emblems and signs that are forcibly recalled, damaged, and returned by transport business units.

8. Procedure for Confirmation of the Operational Status of Transport Vehicles:

a) Fixed-route passenger transport business units, taxi business units, contractual transport business units, and container cargo transport business units shall send a request for confirmation of the operational status of transport vehicles according to the model prescribed in Appendix 28 of this Circular to the local Department of Transport where the vehicle is registered.

b) Within one working day from receipt of the request for confirmation, the Department of Transport shall confirm the request and return it to the transport business unit. If confirmation is not given, the Department of Transport shall provide a written response with reasons.

c) The acceptance and issuance of confirmation results shall be conducted at the agency's headquarters or through postal service.

Article 48. Revocation of license plates and signs

1. The Department of Transport shall be responsible for revoking license plates and signs issued by itself when a business entity violates the provisions set forth in Clause 2 of this Article. In cases where the revocation of license plates and signs is time-limited, the Department of Transport must establish and hand over the revocation record to the business entity.

2. Time-limited revocation of license plates and signs of passenger-carrying motor vehicles when violating any of the following circumstances:

a) Revocation for six months in cases of using license plates and signs not in accordance with regulations or intentionally distorting information recorded on the license plates and signs issued for the vehicle;

b) Revocation of license plates and signs for one month in cases where passenger-carrying motor vehicles operating under contracts, tourist transportation vehicles operate without transportation contracts or travel agency programs and passenger lists as prescribed; selling tickets to passengers or picking up additional passengers outside the list;

c) Revocation of license plates for one month in cases where passenger-carrying motor vehicles on fixed routes operate without dispatch orders; failing to record or inaccurately recording contents in dispatch orders;

d) Revocation of license plates for one month in cases where passenger-carrying motor vehicles on fixed routes, taxis, buses fail to implement three or more items in their service quality commitments or fail to display their service quality commitments on the vehicle;

đ) Revocation of license plates for one month in cases where taxis lack fare meters or roof lights as prescribed or engage in fare meter fraud;

e) Revocation of license plates and signs for one month in cases where passenger-carrying motor vehicles on fixed routes, under contracts, transporting tourists, or carrying goods in containers fail to comply with regulations related to the installation of vehicle tracking devices, or fail to provide or provide inaccurate mandatory information from vehicle tracking devices to competent authorities;

g) Revocation of license plates and signs for one month in cases where passenger-carrying motor vehicles on fixed routes, under contracts, or transporting tourists, when extracting data from vehicle tracking devices within one month, have five percent of trips with drivers violating the route; or twenty percent of trips with drivers violating speed limits or improperly picking up or dropping off passengers; or ten percent of trips with drivers violating driving hours regulations;

h) Revocation of license plates for one month in cases where cargo-carrying motor vehicles in containers, when extracting data from vehicle tracking devices within one month, have twenty percent of trips with drivers violating speed limits or ten percent of trips with drivers violating driving hours regulations.

Chapter 3

PASSENGER CARRYING AND CARGO TRANSPORTATION BY MOTOR VEHICLES

Article 49. Provisions on commercial vehicles for cargo transportation

1. The name and telephone number of the transportation business unit; the gross weight of the vehicle and the permissible load must be displayed on the outside of both sides of the driver's door.

2. Container transport vehicles must have the "CONTAINER VEHICLE" emblem according to the model prescribed in Appendix 22 of this Circular.

Article 50. Transportation contracts, waybills

1. A transportation contract shall include the following information: the name of the transportation business unit; the name of the unit or person hiring transportation; type and quantity of goods; route; delivery and receipt addresses and times; freight charges; payment terms; conditions agreed upon for delivery, compensation, and handling of documents related to the goods, and other issues relevant to the transportation process.

2. Waybill:

a) The waybill shall include the following information: the name of the transportation business unit; the name of the unit or person hiring transportation; route; contract number (if applicable), date and month of signing; type of goods and quantity transported by the vehicle; time of receiving and delivering goods and other contents related to the transportation process;

b) The waybill shall be stamped and issued to the driver by the transportation business unit; in the case of a household business, the head of the household must sign and write their full name on the waybill;

c) After loading the goods onto the means of transport and before commencing transportation, the consignor (or a person authorized by the consignor), or a representative of the unit or individual (if it is an individual) who loads the goods onto the vehicle must sign to confirm that the loading has been done in accordance with regulations on the waybill.

Article 51. Responsibilities of cargo transportation business units

1. Cargo transportation business units must notify in writing to the Department of Transport where the unit has its main office or branch office to confirm and manage and monitor. The notification content includes:

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

b) Business registration certificate number; form of cargo transportation business;

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

2. Cargo transportation business units are responsible for informing drivers about compliance with legal regulations regarding the load capacity of vehicles traveling on roads; they may not organize loading and transporting goods exceeding the design load capacity of the vehicle; they are liable if the vehicles under their management exceed the permitted load capacity when transporting goods.

Article 52. Provisions for enterprises and cooperatives engaged in cargo transportation using containers

1. Have and implement correctly the business plan for container transportation by automobile according to the model prescribed in Appendix 3 of this Circular.

2. Possess a Permit for cargo transportation using containers. The application for a Permit for cargo transportation by automobile is according to the model prescribed in Appendix 1 of this Circular; the model of the Permit for cargo transportation by automobile is prescribed in Appendix 2 of this Circular.

3. Enterprises and cooperatives engaged in cargo transportation using containers must have a department managing and monitoring traffic safety conditions to perform tasks as stipulated in Article 5 of this Circular.

Chapter 4

PROVISIONS ON MANAGEMENT AND BUSINESS OF SUPPORT SERVICES FOR ROAD TRANSPORTATION

Article 53. Provisions on parking lots

1. Requirements for parking lots:

a) Ensuring security and order; meeting requirements for fire prevention and explosion prevention and environmental hygiene;

b) The entrance and exit roads of the parking lot must be arranged to ensure safety and not cause traffic congestion.

2. Contents of business activities at parking lots:

a) Vehicle storage services;

b) Organizing maintenance and repair services for vehicles;

c) Operating other services as prescribed by law.

3. Responsibilities and authorities of the management and business units of parking lots:

a) Ensuring security, order, environmental hygiene, and fire prevention and explosion control at parking lots;

b) Publicly posting rules and prices of services at parking lots, name and phone number of the competent state management agency for vehicle owners to reflect and lodge complaints when necessary;

c) Must compensate for losses suffered by vehicle owners if damage or loss occurs to stored vehicles;

d) Subject to inspection and supervision by competent state agencies;

đ) Conducting various types of services as prescribed in Clause 2 of this Article;

e) Collecting fees for vehicle storage and providing services to customers in accordance with regulations;

g) Have the right to refuse service to vehicle owners who do not comply with parking lot rules;

4. Responsibilities and authorities of vehicle owners or drivers at parking lots:

a) Complying with rules and guidance from parking lot management staff;

b) Having the right to choose to use services provided at parking lots;

c) Having the right to reflect and make suggestions to competent authorities regarding violations committed by the parking lot.

Article 54. Provisions on cargo terminals

1. Technical requirements for cargo terminals:

2. Contents of business activities at cargo terminals:

a) Services for loading, unloading, packaging, and storing goods;

b) Vehicle storage services;

c) Operating other services as prescribed by law.

3. Responsibilities and authorities of the management and business units of cargo terminals:

a) Ensuring security, order, environmental hygiene, and fire prevention and explosion control at cargo terminals;

b) Publicly posting rules and prices of services at cargo terminals, name and phone number of the competent state management agency for vehicle owners to reflect and lodge complaints when necessary;

c) Must compensate for losses suffered by service users if damage or loss occurs to property or goods during the period of service provision;

d) Subject to inspection and supervision by competent state agencies;

đ) Conducting various types of services as prescribed in Clause 2 of this Article;

e) Collecting fees for vehicle storage and providing services to customers in accordance with regulations;

g) Have the right to refuse service to customers who do not comply with terminal rules;

4. Competent authority for announcement:

Provincial Departments of Transport under the central government announce the operation of cargo terminals;

Cargo terminals can only be put into operation after being officially announced by the competent authority;

5. Documents for requesting official announcement for cargo terminal operation include:

a) Application for official announcement of cargo terminal operation according to the form prescribed in Appendix 23 of this Circular;

b) Overall layout plan of the cargo terminal;

c) Inspection report meeting technical criteria for cargo terminals;

d) Approval document for connection of entry and exit roads to the cargo terminal from the competent authority.

6. Document processing procedure:

a) The cargo terminal business unit submits one set of documents to the Department of Transport at the local level where the cargo terminal is located;

b) In cases where the documents do not meet the requirements stipulated in Clause 5 of this Article, the Department of Transport will directly notify or send a written notice within a maximum of two working days from the date of receipt of the documents, specifying the necessary amendments and supplements;

c) Within the latest fifteen working days from the date of receiving the complete application documents, the Department of Transport will organize inspections, prepare inspection reports according to the criteria specified in Clause 1 of this Article, and issue a decision to officially announce the operation of the cargo terminal. The announcement decision follows the form prescribed in Appendix 24 of this Circular and is sent to the Vietnam Highway Corporation for coordinated management;

d) In cases where the cargo terminal does not meet the technical criteria, the inspection agency must clearly record the non-compliance and send a written notification to the cargo terminal operator within a maximum of two working days from the end of the inspection;

c) Document submission and result delivery shall be conducted either directly at the Department of Transport or through postal service.

Article 55. Ticket Sales Agency

1. Business registration in accordance with the provisions of the law.

2. The ticket sales agency contract with passenger transport businesses operating fixed-route motor vehicles must specify in detail the obligations and rights of the parties involved, and the commission for selling tickets.

3. Organizations and individuals engaged in ticket sales agency services shall notify in writing to the local Department of Transport the following contents: address, contact phone number, and a copy of the business registration certificate; list of transport businesses that have signed contracts with the ticket sales agency.

4. Passenger transport businesses and ticket sales agency services may not organize pick-up and drop-off of passengers at the location where the ticket sales agency is located, except in cases where it coincides with the designated stop points for passenger pick-up and drop-off as specified by the local Department of Transport.

5. Organizations and individuals engaged in ticket sales agency services are subject to specialized management by the Departments of Transport of provinces and centrally governed cities.

Article 56. Freight Transport Agency

1. Business registration in accordance with the provisions of the law.

2. To receive agency service fees for freight transport according to agreements with the consignors and recorded in the contract.

3. Organizations and individuals engaged in freight transport agency services shall notify in writing to the local Department of Transport the following contents: address, contact phone number, and a copy of the business registration certificate.

4. They are subject to specialized management by the Departments of Transport of provinces and centrally governed cities.

Article 57. Cargo Collection Services, Transshipment Services, and Warehouse Services

1. Business registration in accordance with the provisions of the law.

2. To store goods in accordance with the consignor's instructions and must have a contract for cargo collection, transshipment, or warehouse rental with the consignor.

3. Organizations and individuals engaged in cargo collection services, transshipment services, and warehouse services shall notify in writing to the local Department of Transport the following contents: address, contact phone number, and a copy of the business registration certificate.

4. They are subject to specialized management by the Departments of Transport of provinces and centrally governed cities.

Article 58. Road Transport Rescue Services

1. Business registration in accordance with the provisions of the law.

2. To ensure traffic safety and labor safety during the rescue process.

3. Organizations and individuals engaged in road transport rescue services shall notify in writing to the local Department of Transport the following contents: address, contact phone number, and a copy of the business registration certificate.

4. They are subject to specialized management by the Departments of Transport of provinces and centrally governed cities.

 

Chapter 5

RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS AND ORGANIZATIONS AND INDIVIDUALS PROVIDING SERVICES IN IMPLEMENTING SERVICE PRICES

Article 59. Vietnam Highway Administration

1. Manage the operation of road passenger transport by motor vehicles and supporting services within the entire country according to its authority.

2. Draft and submit to the Ministry of Transport for approval the planning of the network of fixed inter-provincial passenger transport routes.

3. To take the lead and coordinate with the Vietnam Automobile Transport Association in compiling and issuing training programs on passenger transport operations, traffic safety, and enhancing professional responsibility and ethics for drivers and service staff on vehicles.

4. To unify the printing and issuance of Transport Business Licenses, insignias, and signs.

5. To receive, aggregate, analyze, and utilize mandatory information from vehicle tracking devices provided by transport businesses (or authorized organizations), and from databases of local Departments of Transport to support state management of transportation activities.

6. To establish a database and create an online information page on managing motor vehicle transport activities.

7. To apply information technology in managing transport activities and supporting transport services, organizing uniform implementation nationwide. To develop a roadmap and implement online public services to handle administrative procedures related to transport activities and supporting transport services.

8. Inspect, check, and handle violations of road transport business regulations by motor vehicles and supporting services according to the law within its authority.

Article 60. Department of Transport

1. To manage motor vehicle transport activities and supporting transport services within their jurisdiction.

2. To report to the Vietnam Highway Administration on the announcement of fixed-route passenger transport lines within the province.

3. To submit for approval by the provincial People's Committee:

a) The network planning for bus passenger transport, fixed-route passenger transport lines within the province; locations of stops and pick-up/drop-off points for fixed-route passenger transport on the road network within the locality; planning for the development of taxi passenger transport within the locality;

b) Preferential policies for passengers traveling by bus and bus passenger transport units operating within the locality;

c) Economic and technical standards and unit prices for bus passenger transport operations.

4. To decide on opening, suspending operations, supplementing, replacing vehicles, adjusting routes, and frequency of buses when approved by the provincial People's Committee.

5. To approve the bus schedule diagram.

6. To announce the commencement of operation of cargo stations.

7. To directly manage inter-provincial and intra-provincial fixed-route passenger transport lines and bus lines.

8. To receive, aggregate, analyze, and utilize mandatory information from vehicle tracking devices provided by transport businesses (or authorized organizations), and from the Vietnam Highway Administration's database to support state management of transportation activities.

9. To establish a database and create an online information page on managing motor vehicle transport activities in the locality. To implement online public services to handle administrative procedures related to motor vehicle transport activities and supporting transport services.

10. To issue Transport Business Licenses for passenger transport businesses and container freight transport businesses operating within the locality.

11. To manage, issue, and replace various types of insignias and signs as prescribed.

12. To direct and supervise training programs on transport operations and traffic safety for taxi drivers, bus drivers, and vehicle service staff, and to oversee publicity and education efforts to enhance professional responsibility and ethics among drivers organized by transport businesses within the locality.

13. To announce the commencement of operation of pick-up and drop-off points for fixed-route passenger transport within the locality after approval by the provincial or centrally governed city People's Committee.

14. Inspect, check, and handle violations of road transport business regulations by motor vehicles and supporting services according to the law within its authority.

Chapter 6

IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 61. Reporting System

1. By the tenth day of each month at the latest, transport business units must report on the previous month's transportation operations to the Department of Transport. The form for reporting the results of passenger transportation activities is prescribed in Appendix 25 of this Circular. The form for reporting the results of cargo transportation activities is prescribed in Appendix 26 of this Circular.

2. Annually, in January, the Department of Transport must report on local transportation activities to the Vietnam Highway Corporation for consolidation and reporting to the Ministry of Transport in February of that year. The form for reporting on transportation activities is prescribed in Appendix 27 of this Circular.

Article 62. Inspection of Motor Vehicle Transportation Activities

Competent authorities under the Ministry of Transport, the Vietnam Highway Corporation, and the Department of Transport have the responsibility to disseminate, guide, urge, inspect compliance with, and handle violations of regulations concerning transportation activities and supporting transportation services.

Article 63. Effective Date

1. This Circular takes effect from October 1, 2013.

2. Abolish the following Circulars: Circular No. 14/2010/TT-BGTVT dated June 24, 2010, issued by the Minister of Transport regarding the organization and management of motor vehicle transportation activities, and Circular No. 24/2010/TT-BGTVT dated August 31, 2010, issued by the Minister of Transport regarding bus stations, parking lots, rest stops, and supporting road transportation services.

3. Logbooks issued according to Circular No. 14/2010/TT-BGTVT dated June 24, 2010, issued by the Minister of Transport regarding the organization and management of motor vehicle transportation activities may be used until their expiration date but not later than December 31, 2013.

Article 64. Responsibility for Implementation

1. The Director-General of the Vietnam Highway Corporation is responsible for leading and coordinating with relevant agencies within the transport sector to direct, urge, and monitor the implementation of this Circular.

2. The Heads of the Ministry’s Office, the Inspectorate, the Departments, the Directors of Provincial and Central City Transport Departments, the Heads of related agencies and units, and individuals concerned are responsible for implementing this Circular./.