Circular No. 18/2024/TT-BGTVT amending and supplementing certain articles of Circular No. 12/2020/TT-BGTVT dated May 29, 2020, issued by the Minister of Transport on the organization and management of road passenger transport activities and related support services.

CIRCULAR

Amending and supplementing certain articles of Circular No. 12/2020/TT-BGTVTdated May 29, 2020, issued by the Minister of Transport

regarding the organization and management of road passenger transport activities by motor vehicles andrelated 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 THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

Pursuant to Decree No. 10/2020/NĐ-CP dated January 17, 2020, issued by the Government on business operations and conditions for operating road passenger transport by motor vehicles;

Pursuant to Decree No. 47/2022/NĐ-CP dated July 19, 2022, issued by the Government amending and supplementing certain articles of Decree No. 10/2020/NĐ-CP dated January 17, 2020, issued by the Government on business operations and conditions for operating road passenger transport by motor vehicles;

Pursuant to Decree No. 41/2024/NĐ-CP dated April 16, 2024, issued by the Government amending and supplementing certain articles of relevant decrees concerning the management of road passenger transport activities by motor vehicles, driving training services, and driving examination services;

At the proposal of the Director of the Department of Transport and the Director General of the Vietnam Highway Administration; Issuing this Circular to amend and supplement certain articles of Circular No. 12/2020/TT-BGTVT dated May 29, 2020, issued by the Minister of Transport regarding the organization and management of road passenger transport activities by motor vehicles and related support services.

The Minister of Transport Article 1. Amending and supplementing certain articles of Circular No. 12/2020/TT-BGTVT dated May 29, 2020, issued by the Minister of Transport regarding the organization and management of road passenger transport activities by motor vehicles and related support services (hereinafter referred to as Circular No. 12/2020/TT-BGTVT) and Circular No. 05/2023/TT-BGTVT dated April 27, 2023, issued by the Minister of Transport amending and supplementing certain articles of relevant circulars concerning the field of road passenger transport, related support services, means of transport, and drivers (hereinafter referred to as Circular No. 05/2023/TT-BGTVT).

1. Supplement Clause 5 of Article 10 of Circular No. 12/2020/TT-BGTVT as follows:

“5. The Department of Transport shall exploit and utilize data from the Vietnam Highway Administration’s software to serve the management of road passenger transport business operations; notify the Vietnam Highway Administration in cases where data anomalies occur or require information verification.”

2. Amending and supplementing Clause 1 of Article 12 of Circular No. 12/2020/TT-BGTVT (amended and supplemented by Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT) and supplementing Clause 4 of Article 12 of Circular No. 12/2020/TT-BGTVT as follows:

a) Amending and supplementing Clause 1 of Article 12 of Circular No. 12/2020/TT-BGTVT (amended and supplemented by Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT) as follows:

"1. Monitor, exploit, and utilize data from the Vietnam Highway Administration's software or local transport business units' software to serve state management, inspection, supervision, and handling of violations in road passenger transport business operations within their jurisdiction."

b) Supplementing Clause 4 of Article 12 of Circular No. 12/2020/TT-BGTVT as follows:

“4. Maintain the confidentiality of usernames, passwords, and data extracted from the Vietnam Highway Administration's software according to regulations.”

3. Amending and supplementing Clause 3 and Clause 4 of Article 22 of Circular No. 12/2020/TT-BGTVT (amended and supplemented by Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT) as follows:

a) Amending and supplementing Clause 3 of Article 22 of Circular No. 12/2020/TT-BGTVT (amended and supplemented by Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT) as follows:

“3. The Department of Transport shall use the Ministry of Transport’s software to: establish, adjust, and supplement fixed-route passenger transport lines within the province; coordinate with the Department of Transport at the other end of the route to establish, adjust, and supplement inter-provincial fixed-route passenger transport lines and report to the Vietnam Highway Administration for consolidation and publication.

Annually before April 30, the Departments of Transport of provinces and centrally-administered cities shall publish the list of fixed-route passenger transport lines within the province; the Vietnam Highway Administration shall publish the list of inter-provincial fixed-route passenger transport lines.”

b) Amending and supplementing Clause 4 of Article 22 of Circular No. 12/2020/TT-BGTVT (amended and supplemented by Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT) as follows:

“4. The Department of Transport (for intra-provincial routes), the Departments of Transport at both ends of the route (for inter-provincial routes) shall publicly announce on their websites detailed information about each route including: departure terminal, arrival terminal, route; total number of trips and departure times of each trip already operated by participating units; minimum time interval between consecutive trips; capacity of terminals at both ends of the route.”

4. Amending the name of Chapter VI of Circular No. 12/2020/TT-BGTVT as follows:

“Chapter VI

PROVISIONS ON THE SUPPLY, MANAGEMENT, AND USE OF INFORMATION ON VEHICLES ENTERING AND LEAVING PASSENGER TERMINALS”

5. Amending and supplementing Clause 4 of Article 51 of Circular No. 12/2020/TT-BGTVT as follows:

"4. Provisions on the supply of information on vehicles entering and leaving passenger terminals:

a) Information provided on the Transport Order of each trip operating at the terminal includes: terminal name (terminal name, terminal code according to the announcement decision); transport enterprise or cooperative name (enterprise or cooperative name, tax registration number); driver's full name (driver's full name, driver's license category, driver's license number); vehicle registration number; route (route code, departure terminal, arrival terminal); departure time; actual number of passengers when departing;

b) The information specified in Point a of this clause shall be continuously supplied to the Vietnam Highway Administration's software within three minutes from the time of departure."

6. Amending and supplementing Clause 3 of Article 52 of Circular No. 12/2020/TT-BGTVT (amended and supplemented at Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT) as follows:

“3. Monitor and operate the system; exploit and utilize data from the Vietnam Highway Administration's software when conducting inspections and supervision of transport activities in localities; serve the management of transport activities, security, public order, traffic safety, taxation, and anti-smuggling efforts of competent authorities upon written request.”

7. Amending and supplementing Clause 6 of Article 54 of Circular No. 12/2020/TT-BGTVT as follows:

7. Amend and supplement Clause 6 of Article 54 of Circular No. 12/2020/TT-BGTVT as follows:

"6. The passenger bus station business unit directly implements the provisions set forth in Clause 1, Clause 2, and Clause 4 of this Article or hires a service provider to implement through a legally effective contract."

8. Amend and supplement Point a of Clause 3 of Article 56 of Circular No. 12/2020/TT-BGTVT (amended and supplemented by Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT) as follows:

“a) Equip the bus station management software and provide the information as prescribed in Clause 4 of Article 51 of this Circular regarding the software of the Vietnam Highway Administration. Data must be complete, accurate, and not modified or adjusted to alter its value before, during, and after transmission;"

9. Amend and supplement Point a and Point b of Clause 6 of Article 62 of Circular No. 12/2020/TT-BGTVT (amended and supplemented at Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT) as follows:

a) Amend and supplement Point a of Article 62 of Circular No. 12/2020/TT-BGTVT (amended and supplemented at Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT) as follows:

“a) Take the lead in building technological infrastructure, databases on road transport activities, and connecting, sharing, and interlinking all data from vehicle tracking systems and cameras between state management agencies;"

b) Amend and supplement Point b of Article 62 of Circular No. 12/2020/TT-BGTVT (amended and supplemented at Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT) as follows:

“b) Take the lead in building the national fixed route passenger transport management software and the national bus station management software;"

Article 2. Repeal, replace certain phrases, points, clauses, and articles of Circular No. 12/2020/TT-BGTVT

1. Remove the phrase "reflective" stipulated in Appendix 4, Appendix 5, Appendix 7, Appendix 8, Appendix 9, Appendix 10, Appendix 11, Appendix 12, Appendix 15, Appendix 16, and Appendix 17 issued together with Circular No. 12/2020/TT-BGTVT.

2. Replace the phrase "point d clause 4 Article 51" with the phrase "point b clause 4 Article 51" in Clause 2 of Article 50 of Circular No. 12/2020/TT-BGTVT (amended and supplemented by Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT).

3. Repeal Point b of Clause 2 of Article 30; Point b of Clause 4 of Article 38 of Circular No. 12/2020/TT-BGTVT.

4. Repeal Clause 5 of Article 22; Clause 2, Clause 3 of Article 51, Clause 3 of Article 62 of Circular No. 12/2020/TT-BGTVT (amended and supplemented by Point a of Clause 1 of Article 17 of Circular No. 05/2023/TT-BGTVT).

Article 3. Implementation Provisions

1. This Circular takes effect from July 15, 2024.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Highway Administration, the Directors of Provincial and Municipal Departments of Transport under the Central Government, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.