Joint Circular No. 19/2015/TTLT-BGTVT-BVHTTDL guiding the operation of tourist passenger transport by motor vehicles and issuing identification signs for tourist passenger transport motor vehicles.

JOINT CIRCULAR

Guidelines on road passenger transport for tourism by motor vehicles and issuance of identification plates for motor vehicles engaged in road passenger transport for tourism

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Pursuant to the Tourism Law No. 44/2005/QH11 dated June 14, 2005;

Pursuant to the Road Traffic Law No. 23/2008/QH12 dated November 13, 2008;

Pursuant to Decree No. 92/2007/ND-CP dated June 1, 2007 of the Government detailing implementation of certain provisions of the Tourism Law; Decree No. 180/2013/ND-CP dated November 14, 2013 amending and supplementing certain articles of Decree No. 92/2007/ND-CP dated June 1, 2007 of the Government detailing implementation of certain provisions of the Tourism Law;

Pursuant to Decree No. 86/2014/NĐ-CP dated September 10, 2014 of the Government on business operations and conditions for operating motor vehicle transportation services;

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;

Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

The Minister of Transport and the Minister of Culture, Sports and Tourism issue this Joint Circular guiding road passenger transport for tourism by motor vehicles and issuance of identification plates for motor vehicles engaged in road passenger transport for tourism.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular guides road passenger transport for tourism by motor vehicles and issuance of identification plates for motor vehicles engaged in road passenger transport for tourism.

Article 2. Applicability

This Joint Circular applies to organizations and individuals related to road passenger transport for tourism by motor vehicles.

Article 3. Principles of Implementation

Motor vehicles engaged in road passenger transport for tourism, drivers, service staff on board, and organizations and individuals engaged in road passenger transport for tourism must comply with the provisions of this Joint Circular and also meet the regulations on organization and management of road passenger transport by motor vehicles and supporting road transport services issued by the Ministry of Transport.

Chapter II

ROAD PASSENGER TRANSPORT FOR TOURISM BY MOTOR VEHICLES

Article 4. Motor vehicles engaged in road passenger transport for tourism

1. Must have an identification plate "ROAD PASSENGER TRANSPORT FOR TOURISM" according to the model prescribed in Appendix V of this Joint Circular.

2. Motor vehicles engaged in road passenger transport for tourism must ensure interior and amenities as follows:

a) Motor vehicles under nine seats must be equipped with: air conditioning, beverage storage container, basic first aid medical kit, emergency medicine bag, fire extinguisher, escape tools, name and contact number of the vehicle owner at the position behind the driver's seat;

b) Motor vehicles from nine to less than twenty-four seats, in addition to the requirements set forth in Point a Clause 10 of this Article, must also be equipped with: sun-shielding curtains, safety instruction boards, waste bins;

c) Motor vehicles twenty-four seats and above (excluding specialized caravan vehicles), in addition to the requirements set forth in Point b Clause 10 of this Article, must also be equipped with: microphone, television, luggage storage area for tourists; facilities to assist elderly and disabled persons as prescribed.

3. Motor vehicles engaged in road passenger transport for tourism shall not exceed fifteen years of service life; motor vehicles converted to other functions shall not engage in road passenger transport for tourism business.

Article 5. Drivers and service staff on board

1. Drivers of motor vehicles engaged in road passenger transport for tourism:

a) Must comply with the legal regulations for drivers and must undergo tourism business training;

b) Must undergo regular health check-ups as prescribed by the Ministry of Health.

2. Service staff on board motor vehicles engaged in road passenger transport for tourism must undergo tourism business training (except where service staff on board hold a Tour Guide License or Tour Escort License).

Article 6. Business entities engaged in road passenger transport for tourism

1. Must hold a Road Passenger Transport Business License, including the type of business of road passenger transport for tourism as prescribed.

2. Must implement measures to ensure the safety of lives, health, and property of tourists during transportation; purchase passenger insurance for tourists according to the mode of transportation.

Article 7. Tourism business training

1. The content of the training includes: An overview of Vietnamese tourism; reception knowledge and communication culture, behavior; psychology and customs, traditions of tourists; English language knowledge according to the training program specified in Appendix VIII of this Joint Circular.

2. Training duration:

a) Duration of training: At least five days for first-time participants, at least two days for subsequent participants from the second time onwards;

b) The Tourism Business Training Certificate has a validity period of three years.

3. Training organizations:

a) The Department of Culture, Sports and Tourism (Tourism Department) organizes training and issues the Tourism Business Training Certificate to those who have completed the training program according to the model prescribed in Appendix VI of this Joint Circular;

b) Within three days from the completion date of the training program, the Department of Culture, Sports and Tourism (Tourism Department) shall be responsible for sending the Tourism Business Training Certificate (directly or through postal service) to those who have completed the training program.

Article 8. Issuance of vehicle identification plates for tourist passenger transport

1. Documents include:

a) A request for issuance of vehicle identification plates for tourist passenger transport according to the model prescribed in Appendix I of this Joint Circular;

b) Two lists of information and equipment of the means of transport as prescribed in Clause 2, Article 4 of this Joint Circular. The list follows the model prescribed in Appendix II of this Joint Circular;

c) Two copies with original for verification or certified copies: Safety technical inspection certificate and environmental protection certificate; Vehicle registration certificate and lease contract for the means of transport with financial leasing organizations or asset leasing organizations, or lease contracts between members and cooperatives if the vehicle does not belong to the transport business unit. For means of transport registered under a different local authority than where the administrative procedures are being processed, the Department of Transport receiving the application must obtain confirmation on the condition of the vehicle participating in transport business from the Department of Transport of the local authority where the vehicle is registered according to regulations;

d) Provide the name of the electronic information website of the transport business unit, login name, password to access the vehicle tracking device for vehicles requesting identification plates;

đ) Copies with original for verification or certified copies: Tourism Business Training Certificate of drivers and service staff on board or Tour Guide Card or Tour Interpreter Card (for cases where service staff on board hold Tour Guide Cards or Tour Interpreter Cards); Transport Business Training Certificate of drivers and service staff on board.

2. Procedures for issuing vehicle identification plates

a) The tourist passenger transport business unit directly sends or sends via postal service one set of documents as prescribed in Clause 1 of this Article to the Department of Transport where the business unit's main office or branch is located;

b) Within three working days from the date of receipt of complete documents as prescribed, the Department of Transport receiving the application shall issue a letter (accompanied by one set of documents as prescribed in Points b and c, Clause 1 of this Article) to the Department of Culture, Sports and Tourism (Tourism Department) where the business unit's main office or branch is located to seek confirmation according to the model prescribed in Appendix III of this Joint Circular;

c) Within five working days from the date of receipt of the confirmation letter, the Department of Culture, Sports and Tourism (Tourism Department) shall organize inspections of the means of transport (at the transport business unit) and issue a reply letter according to the model prescribed in Appendix IV of this Joint Circular. If there is no reply within the prescribed time limit, it shall be deemed that the Department of Culture, Sports and Tourism (Tourism Department) agrees to issue vehicle identification plates for tourist passenger transport as requested by the transport business unit;

d) Within a maximum of two working days from the date of receipt of the reply letter from the Department of Culture, Sports and Tourism (Tourism Department) or from the end of the time limit for seeking opinions, the Department of Transport shall organize the issuance of vehicle identification plates for tourist passenger transport. The results of the issuance of vehicle identification plates shall be delivered at the Department of Transport or through postal service. In case of refusal, a written notification must be sent to the business unit stating the reasons.

5. The "TOURIST PASSENGER TRANSPORT VEHICLE" identification plate is valid during the period of validity of the Transport Business License and not exceeding the service life of the means of transport.

6. For expired identification plates, the transport business unit must apply for reissue at least ten days before expiration. The application documents and procedures follow the provisions of Clauses 1 and 2 of this Article.

7. During the usage period, if the identification plate is lost or damaged and cannot be used, the tourist passenger transport business unit must send a request for issuance of vehicle identification plates for tourist passenger transport according to the model prescribed in Appendix I of this Joint Circular to the Department of Transport where the business unit's main office or branch is located. The usage period of the newly issued identification plate will be calculated based on the remaining period of the lost or damaged identification plate. Within two working days from the date of receipt of the request for issuance of vehicle identification plates for tourist passenger transport, the Department of Transport shall organize the issuance of vehicle identification plates for tourist passenger transport. The results of the issuance of vehicle identification plates shall be delivered at the Department of Transport or through postal service. In case of refusal, a written notification must be sent to the business unit stating the reasons.

Article 9. Priority for tourist passenger transport buses

1. Tourist passenger transport buses are permitted to transport passengers under contracts and are entitled to priority in arranging convenient stops and parking areas to pick up and drop off tourists at bus stations, railway stations, airports, ports, inland waterway terminals, tourist areas, tourist sites, and tourist accommodation facilities according to the regulations of the People's Committee of provinces and centrally-run cities.

2. Tourist passenger transport buses are allowed to operate without time restrictions on routes leading to tourist accommodation facilities, tourist areas, and tourist sites under tourist passenger transport contracts or travel contracts (including urban and downtown areas) but must comply with traffic organization regulations of the People's Committee of provinces and centrally-run cities.

Article 10. Responsibilities of entities engaged in tourist passenger transport by bus

1. As of January 1, 2017, entities engaged in tourist passenger transport that transport passengers on journeys with a distance of 300 kilometers or more must have a minimum number of vehicles as follows:

a) For entities headquartered in centrally-run cities: ten or more vehicles;

b) For entities headquartered in other localities: five or more vehicles, except for entities headquartered in poor districts as defined by the Government: three or more vehicles.

2. As of July 1, 2015, for buses with a design capacity of ten passengers or more, before implementing tourist passenger transport contracts or travel contracts, the entity engaged in transport must notify the Department of Transport where the business license was issued of basic information about the trip, including: route (starting point, route, pick-up points, drop-off points, end point), contract implementation time, number of passengers in writing or via email or the Department of Transport’s electronic information website according to the form prescribed in Appendix VII of this Joint Circular.

3. Vehicles can only be arranged to stop and park to pick up and drop off passengers at points specified in the tourist passenger transport contract or travel contract in accordance with the provisions of Article 9 of this Joint Circular.

4. Additional passengers outside the passenger list are not to be picked up; picking up and dropping off passengers outside the points specified in the tourist passenger transport contract or travel contract are prohibited; organizing ticket sales or confirming reservations for passengers traveling by bus in any form is not allowed; organizing passenger transport activities in fixed-route form is not allowed.

5. Regular health check-ups for drivers must be organized, and drivers must be used who meet the health requirements stipulated by the Ministry of Health.

6. Drivers and service staff on the bus must be arranged and scheduled to attend tourism business training sessions as prescribed. Drivers and service staff on tourist passenger transport buses must have undergone tourism business training.

Article 11. Rights and responsibilities of drivers and service staff on the bus

1. Wear name badges and uniforms provided by the transportation business entity in accordance with the prescribed model.

2. When transporting tourists, they must carry the tourist passenger transport contract or travel contract (original or certified copy); certificate of tourism business training; passenger list according to the form prescribed in Appendix X of this Joint Circular.

3. Implement the tourist passenger transport contract or travel contract correctly; ensure security and order on the bus; may only stop and park to pick up and drop off passengers at points specified in the contract; additional passengers outside the passenger list may not be picked up; picking up and dropping off passengers outside the points specified in the contract are prohibited; organizing ticket sales or confirming reservations for passengers traveling by bus in any form is not allowed.

4. Guide passengers onto the bus, inform them of rules when traveling by bus, assist disabled persons, elderly people, pregnant women, and children.

5. Comply with laws and regulations concerning traffic order and safety.

6. Other rights and responsibilities shall be implemented in accordance with the law.

Article 12. Rights and responsibilities of tourist passengers

1. Request the passenger transport business unit to provide services according to the registered service quality standards.

2. Lodge complaints, make suggestions, report violations of transport management regulations by the transport business unit, drivers, and service staff on vehicles, and demand compensation for damages (if any).

3. Comply with regulations when riding to ensure safety, security, and order on the vehicle; board and disembark at designated stops and pick-up/drop-off points as prescribed.

4. Other rights and obligations shall be implemented in accordance with the provisions of the law.

Chapter III

RESPONSIBILITIES OF STATE MANAGEMENT AUTHORITIES

Article 13. Vietnam Road Administration

1. Manage road tourist passenger transport activities by motor vehicles nationwide within its authority.

2. Uniformly print and issue license plates for tourist passenger transport vehicles.

3. Inspect, supervise, and handle, within its authority, violations of regulations governing tourist passenger transport by motor vehicles as prescribed by law.

Article 14. Vietnam Tourism Administration

1. Manage road tourist passenger transport activities by motor vehicles nationwide within its authority.

2. Supervise and monitor training sessions and issuance of Training Certificates for tourism-related duties to drivers and service staff on tourist passenger transport vehicles.

3. Coordinate with Vietnam Road Administration to inspect and handle, within their respective authorities, violations of regulations governing tourist passenger transport by motor vehicles as prescribed by law.

Article 15. Department of Transport

1. Manage tourist passenger transport activities by motor vehicles within its jurisdiction.

2. Advise provincial People's Committees and municipal People's Committees under the Central Government to approve and announce the locations of pick-up and drop-off points for tourist passengers at tourist sites, historical sites, scenic spots, and tourist accommodation facilities within their jurisdictions; coordinate with bus stations, railway stations, ports, and airports within their jurisdictions to arrange pick-up and drop-off points for tourist passengers.

3. Organize traffic flow management to ensure that motor vehicles bearing tourist passenger transport license plates issued in accordance with Article 9 of this Circular are allowed to operate.

4. Twice a year (in June and December), submit statistical reports on the number of vehicles issued tourist passenger transport license plates to the Department of Culture, Sports and Tourism (Tourism Department) for coordinated management.

5. Manage and issue tourist passenger transport license plates for motor vehicles in accordance with the regulations.

6. Take the lead and coordinate with the Department of Culture, Sports and Tourism (Tourism Department) to conduct inspections of tourist passenger transport activities by motor vehicles within their jurisdictions.

Article 16. Department of Culture, Sports and Tourism (Tourism Department)

1. Organize training sessions and issue Training Certificates for tourism-related duties to drivers and service staff on tourist passenger transport motor vehicles.

2. Compile and distribute training materials and programs for drivers and service staff on tourist passenger transport vehicles according to the curriculum framework specified in Appendix VIII of this Circular.

3. Provide information on tourist sites and tourist accommodation facilities and coordinate with the Department of Transport to determine pick-up and drop-off points for tourist passengers at bus stations, railway stations, ports, airports, boat docks, tourist sites, and tourist accommodation facilities within their jurisdictions for approval by provincial People's Committees and municipal People's Committees under the Central Government.

4. Twice a year (in June and December), submit statistical reports on the number of drivers and service staff from transport units who have completed tourism-related training to the Department of Transport for coordinated management.

5. Coordinate with the Department of Transport and relevant agencies to organize inspections of tourist passenger transport activities within their jurisdictions, and submit inspection results to Vietnam Road Administration and Vietnam Tourism Administration for consolidation and reporting to the Ministry of Transport and the Ministry of Culture, Sports and Tourism.

Chapter IV

IMPLEMENTATION

Article 17. Reporting System

1. Monthly (no later than the 10th day of the following month), business units engaged in passenger transport must report their transport business results to the Department of Transport and the Department of Culture, Sports and Tourism (Tourism Department) in accordance with the form prescribed in Appendix IX of this Circular.

2. Annually in January, the Department of Transport and the Department of Culture, Sports and Tourism (Tourism Department) must report local tourist passenger transport activities by motor vehicles to Vietnam Road Administration and Vietnam Tourism Administration for consolidation and reporting to the Ministry of Transport and the Ministry of Culture, Sports and Tourism in February.

Article 18. Implementation Organization

1. Competent authorities under the Ministry of Transport and the Ministry of Culture, Sports and Tourism; Departments of Transport and Culture, Sports and Tourism (Tourism Departments) of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Circular.

2. Vietnam Road Administration and Vietnam Tourism Administration are responsible for monitoring and inspecting the implementation of the provisions of this Circular.

Article 19. Effective Date

1. This Circular takes effect from July 15, 2015.

2. Circular No. 05/2011/TTLT-BVHTTDL-BGTVT dated January 26, 2011, issued by the Minister of Culture, Sports and Tourism and the Minister of Transport, concerning the transportation of tourists by motor vehicles and the issuance of license plates for such vehicles, ceases to be effective from the date this Circular takes effect.

3. During the implementation of this Circular, if there are any difficulties, they should be reported to the Ministry of Transport and the Ministry of Culture, Sports and Tourism for research and resolution./.