Consolidated Document number 21/VBHN-BGTVT stipulates business operations and conditions for operating automobile transportation.

DECREE

Provisions on business operations and conditions for operating road passenger and cargo transportation using motor vehicles

Decree No. 10/2020/NĐ-CP dated January 17, 2020 issued by the Government stipulates provisions on business operations and conditions for operating road passenger and cargo transportation using motor vehicles, which took effect from April 1, 2020, amended and supplemented by:

1. 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 stipulating provisions on business operations and conditions for operating road passenger and cargo transportation using motor vehicles, which took effect from September 1, 2022.

2. Decree No. 41/2024/NĐ-CP dated April 16, 2024 issued by the Government amending and supplementing certain articles of related Decrees concerning management of road transportation activities using motor vehicles, driver training, and driving test services, which takes effect from June 1, 2024.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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 Investment Law dated November 26, 2014 and the Law amending and supplementing Article 6 and Appendix 4 on the List of Industries and Businesses Subject to Conditions for Investment Operations of the Investment Law dated November 26, 2016;

At the proposal of the Minister of Transport;

The Government promulgates this Decree stipulating provisions on business operations and conditions for operating road transportation using motor vehicles.[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates provisions on business operations, conditions for operating road transportation using motor vehicles, and the issuance and revocation of permits for business operations of road transportation using motor vehicles, license plates, and signs; it also stipulates provisions on the announcement of bus stations.

Article 2. Applicability

This Decree applies to organizations and individuals engaged in or related to business operations of road transportation using motor vehicles.

Article 3. Explanation of Terms

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

1. Transportation business units include: enterprises, cooperatives, and individual households conducting transportation operations using motor vehicles.

2. Operating road transportation using motor vehicles means performing at least one of the main stages of transportation activities (directly managing the vehicle, driving, or determining the fare for transportation services) to transport passengers or goods on roads with the purpose of profit-making.

3. Fixed route refers to a passenger transportation route announced by the competent authority, defined by the journey, schedule, departure bus station, and arrival bus station (starting point and end point for bus routes).

4. Operating fixed-route passenger transportation using motor vehicles means conducting passenger transportation using motor vehicles with predetermined departure and arrival bus stations and schedules.

5. Operating fixed-route bus passenger transportation using motor vehicles means conducting passenger transportation using motor vehicles with designated stops for picking up and dropping off passengers and running according to a timetable with a specific distance and scope of operation, including intra-provincial bus routes and inter-provincial bus routes. Among them:

a) Intra-provincial bus routes are bus routes with an operational scope within the territory of one province or centrally-administered city;

b) Inter-provincial bus routes are bus routes with an operational scope across two or three provinces or centrally-administered cities.

6. Operating passenger transportation using taxicabs means using motor vehicles with a seating capacity of less than nine seats (including the driver) to transport passengers according to the itinerary and route requested by the passenger; using a meter to calculate fares for each trip or using software to book rides, cancel trips, calculate fares, and directly connect with passengers through electronic devices.

7. Operating non-fixed-route contractual passenger transportation using motor vehicles means conducting passenger transportation using motor vehicles carried out according to a written or electronic transportation contract (hereinafter referred to as a transportation contract or electronic contract) between a contractual passenger transportation business unit and a transportation service renter who needs to hire the entire vehicle (including hiring a driver).

8. Operating passenger transportation for tourism using motor vehicles is conducted according to a transportation contract or travel contract in written or electronic form between a passenger transportation for tourism business unit and a transportation service renter who needs to hire the entire vehicle (including hiring a driver) to transport tourists according to a tour program.

9. Passenger transfer transportation is a transportation activity without charging fees where enterprises or cooperatives conducting fixed-route passenger transportation use motor vehicles with a seating capacity of up to sixteen seats (including the driver) to pick up and drop off passengers at their own fixed-route passenger transportation stations to bus stations or designated stops along the route.

10. Designated load capacity of a motor vehicle is the maximum number of people and cargo weight that the motor vehicle can carry according to the manufacturer's regulations.

11. Permitted load capacity of a motor vehicle is the maximum number of people and cargo weight that the motor vehicle is allowed to carry, but not exceeding its designated load capacity, when operating on roads as prescribed.

12. Bus station (passenger bus station) is a structure belonging to the road traffic infrastructure, serving the function of facilitating motor vehicles to pick up and drop off passengers and providing supporting transportation services for passenger transportation.

13. Cargo bus station (cargo bus station) is a structure belonging to the road traffic infrastructure, serving the function of facilitating motor vehicles transporting goods to load and unload cargo and providing supporting services for cargo transportation activities.

14. Rest stop is a structure belonging to the road traffic infrastructure, serving the function of facilitating people and vehicles to stop and rest during road traffic participation.

15. Departure time of each trip is the time point to determine when the vehicle must leave the passenger bus station.

16. Vehicle route is the path taken by the vehicle on a specific route, determined by the starting point, endpoint, and stops along the route.

17. Vehicle schedule is the time from when the vehicle departs until the end of the route, including the corresponding time points for certain positions along the vehicle route.

18. Vehicle timetable is the compilation of the routes and schedules of trips of various vehicles over a cycle within a specific period of time.

19. Application software supporting transportation connection is application software providing protocols for connecting transportation business units, drivers with passengers or transportation service renters; all connection activities take place in a digital environment.

20. Directly operating the vehicle, driving the vehicle is the act of an organization or individual assigning tasks to the driver to control the vehicle for the purpose of transporting passengers or goods through application software supporting transportation connections or Transport Orders or Transportation Contracts or Transport Tickets (Transport Tickets).

Chapter II. REGULATIONS ON THE OPERATION OF MOTOR VEHICLE TRANSPORTATION

Article 4. Operating passenger transportation by motor vehicles on fixed routes

1. Enterprises or cooperatives with a Business License for Motor Vehicle Transportation, including the type of business of operating passenger transportation on fixed routes, may register to operate on routes according to the provisions of Article 20 of this Decree.

2. Fixed routes must start and end at bus stations from Class 1 to Class 6. For remote areas, difficult economic and social conditions regions that do not have bus stations from Class 1 to Class 6, fixed passenger transport routes are allowed to start and end at bus stations below Class 6.

3. Route management content

a)[2] Department of Transport: Establish, adjust, and supplement the list of intra-provincial fixed route networks; coordinate with the Department of Transport at the other end of the route to implement the establishment, adjustment, and supplementation of the inter-provincial fixed route network list according to the principle of stabilizing announced routes; for provinces and cities with bus stations ensuring organized transport along the route direction, the starting point and endpoint of the transport route must be bus stations in that direction;

b) Announce the timetable for running vehicles on the route and update the route network list with contents including: The maximum number of trips that can be operated on the route, the minimum time interval between consecutive trips, departure times of trips already participated in operation by units; list of units currently operating the route; establish and announce passenger pick-up and drop-off points on the routes;

c) Monitor and compile the results of transport operations by enterprises, cooperatives, and bus stations on the route; statistics on passenger volume.

4. Motor vehicles operating passenger transportation on fixed routes

a) Must have priority seats for people with disabilities, elderly persons, and pregnant women;

b) Must display the "FIXED ROUTE VEHICLE" emblem permanently affixed to the right side of the inside windshield of the vehicle;

c) Must clearly display all information required on the vehicle.

5. Motor vehicles used for intermediate passenger transportation must display the "INTERMEDIATE TRANSFER VEHICLE" emblem permanently affixed to the right side of the inside windshield of the vehicle; must clearly display all information required on the vehicle.

Regulations on increasing vehicles to alleviate passengers on fixed routes

a) Increasing vehicles during holidays, Tet, and national high school exams, university admissions: Enterprises or cooperatives operating fixed routes base their plans on travel demand, coordinate with bus stations to develop plans for increasing vehicles on the route; report to the Departments of Transport at both ends of the route for consolidation and issuance of a unified implementation plan;

b) Increasing vehicles on weekends (Friday, Saturday, and Sunday) when there is a sudden increase in passengers: Enterprises or cooperatives operating fixed routes base their plans on travel demand, coordinate with bus stations to develop plans for increasing vehicles on the route; notify the Departments of Transport at both ends of the route to implement within the year. Based on the vehicle increase plan notified to the Departments of Transport at both ends of the route and actual passenger flow at the bus station, the bus station confirms the additional trip in the Transport Order of the enterprise or cooperative operating the route when implemented. Vehicles used for increases must have been issued the "FIXED ROUTE VEHICLE", "CONTRACT VEHICLE", or "BUS TOURISM VEHICLE" emblems still valid for use.

Passenger bus station operating units provide support services for enterprises or cooperatives operating passenger transportation on fixed routes in accordance with the terms of the signed contracts; check compliance with vehicle and driver conditions and confirm in the Transport Order; only allow passenger-carrying vehicles to depart if they meet the conditions.

8.[3] Bus stations must use bus station management software to manage vehicle entry and exit activities and provide information (including: name of the bus station; name of the transport enterprise or cooperative; driver's full name; license plate number; route; departure time; actual number of passengers when the vehicle departs) on the Transport Order of each operating trip to the Vietnam Highway Administration. Enterprises or cooperatives operating passenger transportation by motor vehicles on fixed routes must retain the Transport Orders of completed trips for a minimum of three years.

Article 5. Bus passenger transport services along fixed routes

1. Enterprises and cooperatives holding a Business License for road passenger transport services, including bus passenger transport services along fixed routes, shall be eligible to participate in bidding or ordering operations for bus routes within the published network route directory.

2. Passenger-carrying buses

a) Must have priority seats for people with disabilities, elderly persons, and pregnant women;

b) Must have a "BUS" emblem affixed permanently on the right side of the inside front windshield of the vehicle; must display all required information on the vehicle.

c) Must have a seating capacity of 17 seats or more. The position, number of seats, standing space for passengers, and other technical requirements for buses shall comply with technical standards issued by the Ministry of Transport. For bus passenger transport services on routes that must pass over bridges with a permissible load capacity of up to five tons or where more than fifty percent of the route is classified as fourth-class roads or lower (or urban roads with a width of seven meters or less), vehicles with a seating capacity of twelve to under seventeen seats may be used.

3. Route management content

a) Establish, adjust, supplement, and publish the network route directory, schedules, fares (for subsidized routes), and state policies supporting the development of public bus passenger transport services in the local area;

b) Formulate and organize bidding and ordering operations for bus routes within the network route directory;

c) Construct, maintain, and manage infrastructure serving bus operations; determine technical criteria, starting points, end points, and stops for bus routes in the local area;

d) Monitor and compile results of passenger transport activities of enterprises and cooperatives on the routes; record passenger volume.

4.[4] Enterprises and cooperatives engaged in bus passenger transport services shall retain the Transport Orders of completed trips for a minimum period of three years.

5. Buses shall be prioritized for parking and stopping at bus stations, railway stations, airports, ports, tourist areas, tourist attractions, accommodation facilities, tourist sites, cultural venues, sports centers, shopping malls, transportation hubs, and locations connecting with other modes of transport; they shall also be given priority when traffic is organized in urban areas.

Article 6. Taxi passenger transport services

1. Passenger-carrying taxis

a) Must have a "TAXI" emblem affixed permanently on the right side of the inside front windshield of the vehicle; must display all required information on the vehicle.

b) Must have the phrase "TAXI" made of reflective material affixed permanently on the front and rear windows of the vehicle, with the minimum size of the phrase "TAXI" being 6 x 20 cm.

May choose to install a fixed "TAXI" light box on the roof of the vehicle with a minimum size of 12 x 30 cm. In cases where a "TAXI" light box is installed on the roof of the vehicle, there is no need to affix the phrase "TAXI" on the front and rear windows of the vehicle.

c) If a passenger-carrying vehicle operates for more than seventy percent of its total operating time in a month in a particular locality, it must obtain a local emblem; the determination of total operating time shall be based on data from the vehicle's journey monitoring device.

2. Taxis must use fare meters

a) A fare meter must be installed on the vehicle, which has been inspected and sealed by the competent authority for measurement; it must be equipped with a printing device connected to the fare meter; the fare meter and printer must be securely mounted in a location easily visible to passengers; drivers must print out receipts and provide them to passengers upon completion of the trip.

b) Receipts must include the following minimum information: name of the transport service enterprise, license plate number of the vehicle, distance traveled (km), and total amount payable by the passenger.

3. Taxis using software for booking rides, canceling trips, and calculating fares (hereinafter referred to as fare calculation software)

a) The vehicle must have equipment directly connected to passengers for booking rides and canceling trips; b) Fare calculation is based on the determined distance on digital maps; c) The fare calculation software must comply with legal regulations on electronic transactions; the interface for passengers must display the name or logo of the transport service enterprise and must provide passengers with the following minimum information before transporting: name of the transport service enterprise, driver's full name, license plate number of the vehicle, itinerary, distance traveled (km), total amount payable by the passenger, and contact number for handling complaints.

4. Upon completion of the trip, enterprises and cooperatives using fare calculation software must send an electronic receipt for the trip to the passenger via the software, while simultaneously sending relevant information about the receipt to the Tax Authority as prescribed by the Minister of Finance.

5. Enterprises and cooperatives engaged in taxi passenger transport services must notify the Department of Transport of the issuing province of the fare calculation method used on their taxis prior to commencing transport services.

6. Taxis shall be prioritized for parking and stopping at bus stations, railway stations, airports, ports, tourist areas, tourist attractions, accommodation facilities, tourist sites, cultural venues, sports centers, shopping malls; they shall also be given priority when traffic is organized in urban areas.

Article 7. Passenger transport services under contracts

1. Passenger-carrying vehicles for contractual transport

a) Must have a "CONTRACT" emblem affixed permanently on the right side of the inside front windshield of the vehicle; must display other required information on the vehicle.

b) Must have the phrase "CONTRACT" made of reflective material affixed permanently on the front and rear windows of the vehicle; with the minimum size of the phrase "CONTRACT" being 6 x 20 cm.

c) Shall comply with point c clause 1 of Article 6 of this Decree point c clause 1 Article 6 of this Decree.

2. Transport contracts must be negotiated and signed between the contractual transport service enterprise and the customer requiring the entire vehicle rental (including driver rental) prior to the commencement of transport services.

3. Passenger transport businesses under contract and drivers

a) Shall only enter into transportation contracts with customers who require the entire vehicle rental (including driver rental); shall only pick up and drop off passengers at the locations specified in the signed transportation contract;

b) Shall not collect passengers outside the list attached to the signed contract provided by the passenger transport business; shall not confirm seat reservations for individual passengers, nor sell tickets or collect money from individual passengers in any form; shall not set fixed routes or schedules to serve multiple passengers or different rental customers;

c) Shall not regularly pick up and drop off passengers daily at the main office, branch offices, representative offices, or other fixed locations rented or cooperatively operated by the passenger transport business;

d)[5] (Repealed)

4. When transporting passengers, in addition to the documents required to be carried according to the Road Traffic Law, drivers must also comply with the following provisions:

a) Carry the written transportation contract signed by the passenger transport business (except in cases stipulated in point c of this clause);

b) Carry the passenger list stamped with confirmation by the passenger transport business (except in cases stipulated in point c of this clause);

c) In case of using electronic contracts, drivers must have equipment to access the contents of the electronic contract and the attached passenger list provided by the passenger transport business;

d) Drivers are exempt from applying the provisions of points a, b, and c of this clause when performing transportation contracts for funerals or weddings;

5.[6] Passenger transport businesses under contract must store transportation contracts along with passenger lists for a minimum of three years;

6. Passenger transport businesses under contract and drivers transporting students, employees, and officials to school or work

a) Before implementing the contract, the passenger transport business must notify once the minimum contents of the contract as prescribed in Clause 2 (excluding points e and g) Article 15 of this Decree; must notify again if there are changes to the route, time of transportation, or stops for picking up and dropping off passengers;

b) Transport the correct group (students, employees, and officials going to school or work) and shall not implement the provisions stipulated in points c and d of Clause 3, points b and c of Clause 4, and Clause 5 of this Article;

7. Except for emergency rescue operations and urgent tasks such as disaster relief or enemy threats as requested by competent authorities, vehicles engaged in passenger transport under contract shall not pick up or drop off passengers outside the locations specified in the contract;

8. The Department of Transportation shall notify the list of vehicles issued with contract vehicle insignias to the People's Committees of communes, wards, towns where the passenger transport business has its main office or branches for coordinated management;

Article 8. Passenger Transport by Motor Vehicles for Tourism

1. Motor vehicles engaged in passenger transport for tourism

a) Must display the sign "MOTOR VEHICLE FOR TOURIST PASSENGER TRANSPORT" permanently affixed on the right side inside the front windshield of the vehicle; must post information on the vehicle;

b) Must affix (permanently affixed) the phrase "TOURIST VEHICLE" made of reflective material on the front and rear windows of the vehicle; with the minimum size of the phrase "TOURIST VEHICLE" being 6 x 20 cm;

c) Shall comply with point c clause 1 of Article 6 of this Decree point c clause 1 Article 6 of this Decree.

2. Transportation contracts or travel agency contracts must be negotiated and signed before the transportation service is performed between passenger transport businesses by motor vehicles for tourism and customers requiring the entire vehicle rental (including driver rental);

3. Passenger transport businesses for tourism by motor vehicles, tourism and travel agencies, and drivers

a) Shall only enter into transportation contracts with customers requiring the entire vehicle rental; shall only pick up and drop off passengers at the locations specified in the signed transportation contract or travel agency contract;

b) Shall not collect passengers outside the list attached to the signed contract provided by the passenger transport business; shall not confirm seat reservations for individual passengers, nor sell tickets or collect money from individual passengers in any form;

c) In case of using motor vehicles to transport tourists whose trip starts and ends outside the scope of a province or centrally governed city, they shall not regularly pick up and drop off passengers daily at the main office, branch offices, representative offices, or other fixed locations rented or cooperatively operated by the passenger transport business;

d)[7] (Repealed)

4. When transporting tourists, in addition to the documents required to be carried according to the Road Traffic Law, drivers must also comply with the provisions at points a, b, and c of Clause 4 of Article 7 of this Decree.

5.[8] Passenger transport businesses may use tourist vehicles to transport passengers under contract; must store transportation contracts or travel agency contracts, along with passenger lists for a minimum of three years;

6. Motor vehicles engaged in passenger transport for tourism are prioritized for parking and stopping to pick up and drop off tourists for sightseeing at airports, ports, railway stations, bus terminals, tourist areas, tourist attractions, and accommodation facilities, and may operate without time restrictions on routes leading to tourist attractions, accommodation facilities, and service supply points according to local government regulations;

7. Except for emergency rescue operations and urgent tasks such as disaster relief or enemy threats as requested by competent authorities, motor vehicles engaged in passenger transport for tourism shall not pick up or drop off passengers outside the locations specified in the contract;

8. The Department of Transportation shall notify the list of vehicles issued with tourist passenger transport vehicle insignias to the People's Committees of communes, wards, towns where the passenger transport business has its main office or branches for coordinated management.

Article 9. Business of transporting goods by motor vehicles

1. Operating cargo transportation by taxi trucks involves using automobiles with a carrying capacity of up to 1,500 kilograms to transport goods, with the cargo transportation renter paying the driver based on a meter or software-based fare calculation. The exterior sides of the vehicle or its doors must display the letters "TAXI TẢI", contact phone number, and the name of the business entity.

2. Operating cargo transportation of oversized and overweight goods

a) Operating cargo transportation of oversized and overweight goods involves using suitable automobiles to transport items that exceed specified size or weight limits but cannot be disassembled.

b) When transporting oversized and overweight goods, the driver must carry a valid Permit for Circulation (Road Usage Permit) issued by the competent authority.

3. Operating hazardous cargo transportation involves using automobiles to transport goods containing dangerous substances that can cause harm to human life and health, the environment, national security, and public safety. Hazardous cargo transportation vehicles must hold a Hazardous Cargo Transportation Permit issued by the competent authority.

4. Operating containerized cargo transportation involves using tractor-trailers or semi-trailers to transport containers.

5. General cargo transportation operation refers to cargo transportation operations excluding those specified in Clauses 2, 3, and 4 of this Article.

6. Containerized cargo transportation vehicles must bear the emblem "CONTAINER VEHICLE", tractor-trailers or semi-trailers engaged in general cargo transportation must bear the emblem "TRACTOR", and ordinary freight vehicles and taxi trucks must bear the emblem "TRUCK" and affix it firmly on the right side of the front windshield; all necessary information must be clearly displayed on the vehicle according to the guidelines of the Minister of Transport.

7. The cargo transportation business entity is responsible for loading goods onto automobiles in accordance with the guidelines of the Minister of Transport.

8. The cargo transportation business entity must provide drivers with a Transport Document (Cargo Waybill) during the transportation process. The Transport Document (Cargo Waybill) must be confirmed (signed, full name noted) by the shipper (or their authorized representative) or a representative of the entity or individual responsible for loading the goods.

9. During cargo transportation, the driver must carry a Transport Document (Cargo Waybill) in paper form or have equipment to access software displaying the contents of the Transport Document (Cargo Waybill) and the driver's and vehicle's required documents as stipulated by law. The cargo transportation business entity and the driver may not transport goods exceeding the permitted load for traffic participation.

10. For the transportation of bicycles, motorcycles, motorbikes, and similar vehicles through road tunnels, Clause 5 of this Article shall apply.

11.[9] The Transport Document (Cargo Waybill) in paper or electronic form, issued by the cargo transportation business entity, must include at least the following information: Name of the transportation entity; license plate number; name of the entity or cargo transportation renter; route (starting point, endpoint); contract number, date of contract signing (if applicable); type of goods and quantity transported. The cargo transportation business entity must retain Transport Documents (Cargo Waybills) of completed trips for a minimum period of three years.

Article 10. Limitation of Liability for Compensation for Damaged, Lost, or Short Shipped Goods in Freight Transportation Business

1. The compensation for damaged, lost, or short shipped goods shall be carried out according to the transportation contract or the agreement between the freight transportation business operator and the transportation service user.

2. In cases where it is not implemented as prescribed in Clause 1 of this Article, it shall be carried out according to the court's judgment or arbitration decision.

Article 11. Provisions on Traffic Safety Assurance Work in Motor Vehicle Freight Transportation Business Operations

1. Transportation businesses, passenger bus stations, cargo bus stations must establish and implement traffic safety assurance procedures.

2. The traffic safety assurance procedure must clearly reflect the following contents:

a) For transportation businesses: monitoring and supervising the activities of drivers and vehicles throughout the freight transportation business operation process; conducting pre-trip traffic safety condition checks of motor vehicles and drivers; complying with regulations on continuous driving time and daily working hours of drivers; maintenance and repair systems for commercial motor vehicles; inspection and supervision systems for vehicle and driver activities during trips; having control measures to ensure that there are no remaining passengers on the vehicle at the end of the trip (applicable to passenger transportation vehicles); training drivers in transportation operations and traffic safety; having response plans for traffic accidents during transportation business operations; reporting systems on traffic safety for drivers and transportation managers;

b) For passenger bus stations and cargo bus stations: checking the traffic safety conditions of motor vehicles, drivers, cargo, and passenger luggage before departure; inspection and supervision systems for vehicle and driver activities within the station area; reporting systems on traffic safety.

3. Transportation businesses

a) Must use motor vehicles participating in freight transportation business operations that meet the traffic participation conditions stipulated in Clause 1 and Clause 3 of Article 53, Clause 2, Clause 3, and Clause 5 of Article 55 of the Road Traffic Law; must have seat belts at seating positions and bed positions (except for intercity buses) and provide guidance to passengers on traffic safety and emergency evacuation procedures when incidents occur on the vehicle;

b) Shall not use two-tier sleeper coach motor vehicles to operate on Class V and Class VI mountainous routes;

c) Must use drivers with at least two years of experience operating passenger motor vehicles with a design capacity of thirty seats or more (including the driver) to operate two-tier sleeper coach motor vehicles;

d)[10] Must fully record all contents regarding the operational processes of vehicles and drivers within the unit in the vehicle history and driver career history.

đ)[11] Passenger transportation businesses, drivers, and onboard service staff (if any) upon receiving consigned goods on motor vehicles (the consignor does not travel on the vehicle) must request the consignor to provide complete and accurate information about: Name of goods, weight (if applicable), full name, address, national identity card number/personal identification card number, contact phone number of the consignor and consignee.

4. Transportation businesses and commercial motor vehicle drivers must comply with the daily working hours and continuous driving times as prescribed in Clause 1 of Article 65 of the Road Traffic Law. The rest period between two consecutive driving periods is as follows:

a) For taxi and intercity bus drivers, a minimum of five minutes;

b) For fixed-route passenger motor vehicle drivers, intercity bus drivers, contractual passenger motor vehicle drivers, tourist passenger motor vehicle drivers, containerized cargo motor vehicle drivers, and general cargo motor vehicle drivers, a minimum of fifteen minutes.

5. The Minister of Transport shall detail the establishment and implementation of traffic safety assurance procedures in motor vehicle freight transportation business operations and the phased application of traffic safety assurance procedures for bus stations; specify the tasks of management units overseeing traffic safety conditions; guide passengers on traffic safety and emergency evacuation procedures when incidents occur on the vehicle; guide the establishment and updating of vehicle histories and driver career histories.

Article 12. Provisions on vehicle telematics devices

1. Passenger-carrying commercial vehicles, cargo-carrying commercial vehicles, and shuttle buses must be equipped with vehicle telematics devices.

2. Vehicle telematics devices for commercial vehicles must comply with national technical standards and ensure good technical condition, operating continuously during the time the vehicle is engaged in traffic.

3. Vehicle telematics devices for commercial vehicles must meet the following minimum requirements:

a) Storing and transmitting information including: route, operational speed, continuous driving time to the Ministry of Transport's (Vietnam Highway Administration) vehicle telematics data monitoring system.[12]);

b)[13] Information from vehicle telematics devices is used in state management of transportation activities, management of transportation business units, and connected/shared with the Ministry of Public Security (Traffic Police Corps), the Ministry of Finance (General Department of Taxation, General Department of Customs) to implement state management of traffic order and safety; public security; taxes; and anti-smuggling efforts.

4. The Vietnam Highway Administration[14] shall store violation data of vehicles for a period of three years.

5. Transportation business units must maintain the operation of vehicle telematics devices to ensure the provision of information as stipulated in point a, Clause 3 of this Article.

6. Transportation business units and passenger-carrying commercial vehicle drivers may not use technical measures, peripheral equipment, or other methods to interfere with the operation, jam (or disrupt) GPS, GSM signals, or distort data from vehicle telematics devices. Before operating a vehicle on the road, drivers must use their driver identification card to log in through the device's card reader and log out at the end of the drive to serve as the basis for determining continuous driving time and daily working hours.

Chapter III. PROVISIONS ON CONDITIONS FOR OPERATING TRANSPORTATION BY PASSENGER-CARRYING COMMERCIAL VEHICLES

Article 13. Conditions for operating passenger transportation by commercial vehicles

1. Conditions for passenger-carrying commercial vehicles

a) Must be owned or legally used under a written lease agreement between the passenger-carrying commercial vehicle transportation business unit and an organization or individual, or a joint venture business agreement as prescribed by law.

In cases where registered vehicles belong to cooperative society members, there must be a service contract between the member and the cooperative society specifying that the cooperative society has the right, responsibility, and obligation to manage, use, and operate vehicles owned by cooperative society members;

b) Passenger-carrying commercial vehicles operating on fixed routes must have a seating capacity of nine seats or more (including the driver) and have a usage period as follows: Not exceeding fifteen years (counted from the year of manufacture) for vehicles operating on routes over 300 kilometers, not exceeding twenty years (counted from the year of manufacture) for vehicles operating on routes up to 300 kilometers;

c) Passenger-carrying commercial vehicles operating as bus services must have a usage period not exceeding twenty years (counted from the year of manufacture);

d)[15] Taxi vehicles must have a seating capacity of less than nine seats (including the driver) and a usage period not exceeding twelve years (counted from the year of manufacture).

d) Passenger-carrying commercial vehicles operating tourist transportation must have a usage period not exceeding fifteen years (counted from the year of manufacture). Passenger-carrying commercial vehicles operating contractual transportation must have a usage period as follows: Not exceeding fifteen years (counted from the year of manufacture) for vehicles operating on routes over 300 kilometers, not exceeding twenty years (counted from the year of manufacture) for vehicles operating on routes up to 300 kilometers.

Specifically, passenger-carrying commercial vehicles operating tourist transportation and passenger-carrying commercial vehicles operating contractual transportation with a seating capacity of less than nine seats (including the driver) using electronic contracts must have a usage period not exceeding twelve years (counted from the year of manufacture).

2. Prior to July 1, 2021, passenger-carrying commercial vehicles with a seating capacity of nine seats or more (including the driver) must be equipped with cameras ensuring recording and storing images inside the vehicle (including the driver and vehicle doors) while the vehicle is engaged in traffic. Image data must be provided to police agencies, traffic inspectors, and licensing authorities to ensure open and transparent supervision. The image retention period on the vehicle must be as follows:

a) At least the last 24 hours for vehicles operating on routes up to 500 kilometers;

b) At least the last 72 hours for vehicles operating on routes over 500 kilometers.

3.[16] Vehicles converted from those with a seating capacity of ten seats or more to vehicles with fewer than ten seats (including the driver) may not be used for passenger transportation. Vehicles resembling those with a seating capacity of nine seats or more may not be used for taxi passenger transportation.

Article 14. Conditions for Operating Freight Transportation by Motor Vehicles

1. Motor vehicles operating freight transportation must be owned or legally used under a written contract for leasing transportation means between the freight transportation business unit and organizations or individuals, or a business cooperation contract as prescribed by law.

In cases where the registered vehicle belongs to a cooperative society member, there must be a service contract between the member and the cooperative society, stipulating that the cooperative society has the rights, responsibilities, and obligations to manage, use, and operate motor vehicles owned by the cooperative society member.

2. Prior to July 1, 2021, motor vehicles operating containerized freight transportation and tractor units must be equipped with cameras ensuring recording and storing images of the driver during traffic participation. Image data must be provided to public security agencies, traffic inspectors, and licensing authorities to ensure open and transparent supervision. The image retention period on the vehicle must meet the following requirements:

a) At least the last 24 hours for vehicles operating on routes up to 500 kilometers;

b) At least the last 72 hours for vehicles operating on routes over 500 kilometers.

Chapter IV. PROVISIONS ON TRANSPORTATION CONTRACTS

Article 15. General Provisions on Transportation Contracts

1. A passenger and cargo transportation contract (in paper or electronic form) is an agreement between the parties involved in signing the contract; according to which, the transportation business unit will transport passengers, luggage, and goods to the agreed destination, and the passenger or the person hiring transportation must pay the transportation fee.

2. A passenger and cargo transportation contract must include the following minimum contents:

a) Information about the transportation business unit entering into the contract: Name, address, telephone number, tax code, representative signing the contract;

b) Driver information: Full name, telephone number;

c) Passenger or person hiring transportation (organization or individual) information: Name, address, telephone number, tax code (if applicable);

d) Vehicle information: License plate number and carrying capacity (payload);

đ) Contract implementation information: Start and end time of the contract (date, hour); starting point address, final point address, and pick-up/drop-off points (or loading/unloading points) along the route; distance of the route (km); number of passengers (or volume of transported goods);

e) Contract value and payment method information;

g) Provisions on the responsibilities of the parties involved in implementing the transportation contract, including the fulfillment of tax obligations to the state; rights, obligations of the carrier, passenger, or person hiring transportation; contact phone number for receiving complaints, appeals, and reports from passengers; commitment to responsibility for contract performance and provisions on compensation for damages to the person hiring transportation and passengers.

3. Minimum information of passenger and cargo transportation contracts is used for state management of transportation activities and provided to competent authorities upon request; provided to price control agencies, tax authorities, public security agencies, and traffic inspectors when required.

Article 16. Provisions on Implementing Electronic Contracts

1. Electronic contracts are implemented in accordance with this Decree and other relevant laws.

2. Transportation business units using electronic contracts

a) Must provide a software interface for passengers or persons hiring transportation that fully displays the business unit's name or logo and emergency contact telephone number, and includes the minimum contents as prescribed at Clause 2 Article 15 of this Decree;

b) Must send electronic invoices for the trip to the account of the passenger or person hiring transportation and report electronic invoice information to the Tax Authority as prescribed by the Minister of Finance;

c) Must store electronic contract data for a minimum of three years.

3. Drivers using electronic contracts for transportation operations

a) Must comply with the provisions at Clause 4 of Article 7 or Clause 4 of Article 8 of this Decree;

b) Have the responsibility to provide electronic contract information to enforcement agencies when requested.

4. Persons hiring transportation and passengers participating in electronic contract formation

a) Must use equipment to access the software interface displaying all contents of the electronic contract;

b) When signing an electronic contract with a transportation business unit, they must comply with the provisions of the law.

Chapter V. PROVISIONS ON THE ISSUE, REVOCATION OF LICENSES FOR MOTOR VEHICLE TRANSPORTATION BUSINESS, MARKERS, SIGNS; ANNOUNCEMENT OF PASSENGER TERMINALS; REGISTRATION OF EXPLOITATION, SUSPENSION, TERMINATION OF FIXED ROUTE PASSENGER TRANSPORTATION SERVICES

Article 17. Issuance of Motor Vehicle Transportation Business License

1. Passenger transportation business units and cargo transportation business units must have a Motor Vehicle Transportation Business License (hereinafter referred to as the Business License).

2. The contents of the Business License include:

a) Name and address of the business unit;

b) Business Registration Certificate (Enterprise Registration Certificate) including: Number, date, month, year, issuing authority;

c) Legal representative;

d) Forms of business operation;

d) Authority issuing the Business License.

3. The competent authority for issuing the Business License is the Department of Transport of provinces and centrally-administered cities.

Article 18. Documents for Application for Issuance and Reissuance of Business Licenses

1. Documents for application for issuance of a Business License for enterprises and cooperatives engaged in transportation business include:

a) An application for issuance of a Business License according to the form prescribed in Appendix I of this Decree;

b) A copy of the qualification certificates of persons directly managing the transportation activities;

c) A copy or original of the Decision on establishment and regulations on functions and tasks of the department managing and supervising traffic safety conditions (applicable to enterprises and cooperatives engaged in fixed route passenger transportation, bus passenger transportation, taxi passenger transportation, container cargo transportation, and electronic contract-based passenger transportation).

2. Documents for application for issuance of a Business License for individual households engaged in transportation business include:

a) An application for issuance of a Business License according to the form prescribed in Appendix I of this Decree;

b) A copy of the Business Registration Certificate.

3. Documents for application for reissuance of a Business License due to changes in the contents of the Business License include:

a) An application for reissuance of a Business License stating clearly the reasons for requesting reissuance according to the form prescribed in Appendix I of this Decree;

b) Documentation proving the changes in the contents recorded in the Business License as stipulated in Clause 2 of Article 17 of this Decree (the change related to which content should be supplemented with documentation on that content). 4. In case of reissuance of a Business License due to loss or damage, the documents include: An application for reissuance of a Business License according to the form prescribed in Appendix I of this Decree.

In case of reissuance of a Business License due to revocation, the documents for application for reissuance of a Business License:

5.[17] a) For enterprises and cooperatives engaged in transportation business, follow the provisions of Clause 1 of this Article; for individual households engaged in transportation business, follow the provisions of Clause 2 of this Article;

Documentation proving the rectification of violations stipulated in Point a and Point d, Clause 6 of Article 19 of this Decree

b)[18] Article 19. Procedures for Issuance, Reissuance, and Revocation of Business Licenses 1. Procedure for Issuance of Business Licenses:.

Transportation business units submit one set of application documents for issuance of a Business License to the Department of Transport at the location of their main office or branch office. In case the documents need to be amended or supplemented, the issuing authority shall notify the transportation business unit directly or in writing or through the online public service system about the required amendments or supplements within three working days from the date of receipt of the documents;

b) Within five working days from the date of receiving complete and correct documents, the issuing authority shall examine the documents and issue a Motor Vehicle Transportation Business License according to the form prescribed in Appendix II of this Decree. If the Business License is not issued, the issuing authority must respond in writing or through the online public service system and specify the reasons.

a)[19] 2. Procedure for reissuance of a Business License when there are changes related to the contents of the Business License or the Business License has been revoked or confiscated is carried out according to the provisions of Clause 1 of this Article.

3. Procedure for reissuance of a Business License in case of loss or damage of the Business License

a) Transportation business units submit one set of application documents for reissuance of a Business License to the Department of Transport at the location of their main office or branch office. In case the documents need to be amended or supplemented, the issuing authority shall notify the transportation business unit directly or in writing or through the online public service system about the required amendments or supplements within two working days from the date of receipt of the documents;

b) Within three working days from the date of receiving complete and correct documents, the issuing authority shall issue a Motor Vehicle Transportation Business License according to the form prescribed in Appendix II of this Decree. If the Business License is not issued, the issuing authority must respond in writing or through the online public service system and specify the reasons.

4. The issuing authority checks information on the Business Registration Certificate or Enterprise Registration Certificate on the National Enterprise Registration Information Portal before issuing the Business License.

5. The acceptance of documents and delivery of results shall be conducted at the issuing authority's office or via postal services or other appropriate methods as prescribed. In case of direct submission of documents at the issuing authority's office or via postal services, the document reception staff shall update the information of the documents accurately into the Ministry of Transport's online public service system.

The issuing authority shall process the documents and issue the Business License on the Ministry of Transport's online public service system.

6. Transportation business units shall have their Business Licenses revoked indefinitely in any of the following cases:

a) Providing copies that do not match the originals or providing false information in the application documents for issuance of a Business License;

Not engaging in all types of transportation business listed on the Business License for six months or more from the date of issuance of the Business License or ceasing all types of transportation business listed on the Business License for six consecutive months or more.

a) Providing a copy that does not match the original or providing false information in the application for a Business License;

b)[20] Not engaging in all types of transportation business listed on the Business License for a period of six months or more from the date of issuance of the Business License, or ceasing to engage in all types of transportation business listed on the Business License for a continuous period of six months or more.

c) Cease operations in accordance with the provisions of the law or at the request of the transport business unit;

d) Repair or alter image data from cameras installed on vehicles before, during, and after data transmission;

đ)[21] Fail to comply with inspection and supervision decisions regarding compliance with regulations on transport business and transport business conditions using motor vehicles issued by competent authorities;

e)[22] Within one month, 30% or more of the units' vehicles are subject to violations resulting in license revocation, license plate confiscation;

7. The authority issuing the Business License shall revoke the Business License it has issued and shall proceed as follows:

a) Issue a decision to revoke the Business License;

b) Send the decision to revoke the Business License to the transport business unit and must publish the information on the Department of Transport's electronic information website;

c) Report to the Vietnam Highway Administration,[23]the provincial People's Committee, and notify the decision to revoke the Business License to relevant agencies for coordination in implementation;

d)[24] When the authority issuing the Business License issues a decision to revoke the Business License for a type of transport business that has violated regulations, within ten days from the date of issuance, the transport business unit must return the Business License and license plates to the issuing authority, and simultaneously cease all transport business activities according to the revocation decision;

In case the transport business unit returns the Business License and license plates in accordance with the revocation decision, the issuing authority will only reissue the Business License thirty days after the transport business unit has returned all required documents as specified in the revocation decision;

If the transport business unit fails to return the Business License and license plates within ten days from the date the issuing authority issues the revocation decision for a type of transport business that has violated regulations, or if they return but not fully as required by the revocation decision, the Department of Transport will only reissue the Business License forty-five days after the transport business unit has returned all required documents as specified in the revocation decision;

8. A transport business unit subject to a penalty of revoking the right to use the Business License for transport business using motor vehicles by the competent authority must cease all transport business activities according to the administrative violation penalty decision. After the period of revocation ends, if the transport business unit wishes to continue participating in transport business, it must go through procedures to obtain a new Business License in accordance with Clause 1, Clause 2 Article 18 of this Decree and must provide additional documentation proving the correction of the violation that was the cause of the revocation;

9. During the period when a transport business unit is subject to a penalty of revoking the right to use the Business License for transport business using motor vehicles by the competent authority, the Department of Transport will not issue a new Business License and related license plates for the type of business whose right to use has been revoked.

Article 20. Procedure for registering and ceasing to operate fixed passenger transport routes

1.[25] Based on the list of fixed passenger transport route networks, the timetable published and updated on the Ministry of Transport's fixed passenger transport route list, enterprises and cooperatives with a business license for operating passenger transport services by road in the form of fixed routes have the right to choose departure times and register to operate routes at times when no unit is operating.

2. For new routes not included in the network list already announced by competent authorities:

a)[26] Enterprises and cooperatives engaged in passenger transport shall develop plans and reach agreement with bus stations at both ends of the route regarding departure times, then submit these to the Department of Transport where the main office or branch of the transport business entity is located for registration to operate the route according to regulations, and to the Department of Transport at the other end of the route for coordination in management;

b) In cases where enterprises and cooperatives cannot agree with bus stations on departure times, the Department of Transport will decide on departure times based on proposals from transport units;

c)[27] The Department of Transport (where the main office or branch of the transport business entity is located) shall be responsible for updating and supplementing detailed route information as stipulated in point a and point b, Clause 3, Article 4 of this Decree,issuing vehicle identification plates; organizing updates, supplements, and publication of the route network list in accordance with guidelines issued by the Minister of Transport.

3. Documents for registering to operate routes include:

a) Application for operating a route in the format prescribed in Appendix III of this Decree;

b) A copy of the Minutes of Agreement between bus stations at both ends of the route and the enterprise or cooperative participating in operating the route (applicable to new routes).

4. The procedure for registering to operate routes applies until June 30, 2021:

a) Enterprises and cooperatives submit one set of application documents for operating a route to the Department of Transport that issued their business license;

b) Within a maximum of two working days from the date of receipt of the application, the Department of Transport must review the documents. If the documents require amendments or supplements, the receiving Department of Transport shall notify the enterprise or cooperative directly or in writing about the required changes.

Within a maximum of two working days from the date of receipt of the notification for amendments or supplements from the Department of Transport, the enterprise or cooperative must complete and update the documents. If more than two working days elapse from the date of receipt of the notification without completion or supplementation of the documents, the application will be considered invalid, and the Department of Transport will continue to review subsequent applications in chronological order.

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

Within a maximum of three working days from the date of receipt of complete and compliant documents, the receiving Department of Transport must send a letter to the Department of Transport at the other end of the route to seek opinions.

Within a maximum of two working days from the date of receipt of the request for opinions, the Department of Transport seeking opinions must respond in writing. If there are multiple enterprises or cooperatives applying to operate overlapping routes and times, the Department of Transport seeking opinions shall coordinate with the other Department of Transport to make a decision based on the principle that the entity submitting the application first will have its application reviewed and processed first in chronological order. If no response is received within the specified period, it will be deemed that the Department of Transport seeking opinions has agreed.

Within a maximum of seven days from the date of receipt of complete and compliant documents, the receiving Department of Transport must issue a Notice of Successful Registration to Operate a Route (in writing) to the enterprise or cooperative, the Department of Transport at the other end of the route, and bus stations at both ends of the route for coordinated management in the format prescribed in Appendix IV of this Decree;

d) For intra-provincial fixed passenger transport routes: Within a maximum of three working days from the date of receipt of complete and compliant documents, the receiving Department of Transport must issue a Notice of Successful Registration to Operate a Route (in writing) to the enterprise or cooperative and bus stations at both ends of the route for coordinated management in the format prescribed in Appendix IV of this Decree.

5. The procedure for registering to operate routes applies from July 1, 2021:

a) Enterprises and cooperatives submit one set of application documents for operating a route to the Department of Transport that issued their business license through the Ministry of Transport's online public service system (no direct submissions to route management agencies or submissions via postal mail will be accepted);

b) Within three working days from the date of receipt of the application, the Department of Transport must review the documents. If the documents require amendments or supplements, the receiving Department of Transport shall notify the enterprise or cooperative directly on the online public service system about the required changes.

Within two working days from the date of receipt of the notification for amendments or supplements from the Department of Transport, the enterprise or cooperative must complete and update the documents on the online public service system. If more than two working days elapse from the date of receipt of the notification without completion or supplementation of the documents, the application will be considered invalid, and the Department of Transport will continue to review subsequent applications in chronological order on the online public service system.

c) Within three working days from the date of receipt of complete and compliant documents, the receiving Department of Transport must issue a Notice of Successful Registration to Operate a Route (in writing) and on the online public service system to the enterprise or cooperative, the Department of Transport at the other end of the route (for inter-provincial fixed passenger transport routes), and bus stations at both ends of the route for coordinated management in the format prescribed in Appendix IV of this Decree.

In cases where multiple applications overlap in routes and departure times, the Department of Transport will process applications in chronological order based on the submission time of enterprises or cooperatives on the online public service system, with those submitting earlier being reviewed and processed first.

6. A successful route exploitation registration notice shall be effective from the date of signature until the enterprise or cooperative ceases to participate in route exploitation or according to the effect of the decision suspending route exploitation issued by the Department of Transport. Within sixty days from the date of the successful route exploitation registration notice, if the enterprise or cooperative does not put vehicles into operation, the successful route exploitation registration notice shall become ineffective.

7.[28] The enterprise or cooperative may cease route exploitation or cease operating one or several trips on the route.

a) Five days prior to ceasing exploitation, the enterprise or cooperative must send a notification to the Department of Transport, bus stations at both ends of the route, and return the fixed route vehicle emblem to the Department of Transport on the day of ceasing the route exploitation. Bus stations at both ends of the route must post the notification at the station for a minimum of ten days from the date of receipt of the enterprise or cooperative's notification;

b) Within two working days from the date of ceasing route exploitation, the Department of Transport updates the contents as prescribed in point a and point b, Clause 3, Article 4 of this Decree,.

8. The Minister of Transport shall establish a level 4 online public service system for the procedure of registering route exploitation for fixed passenger transport services applicable from July 1, 2021.

9.[29] An enterprise or cooperative shall have its route exploitation registration revoked for the remaining (vehicle) currently exploiting when it performs less than seventy percent of the total number of trips registered for the remaining (vehicle) within one month.

10.[30] The Department of Transport that issues the successful route exploitation registration notice shall carry out the revocation of route exploitation registration for the remaining (vehicle) currently exploiting according to the following procedures:

a) Issue a decision to revoke. In cases where the registered route exploitation only has one remaining (vehicle) or all remaining (vehicles) of the route perform less than seventy percent of the total number of trips registered, then revoke the successful route exploitation registration notice and revoke the emblems already issued for the vehicles operating on the route;

b) Send the revocation decision to the enterprise, cooperative, bus stations at both ends of the route, the Department of Transport at the other end of the route, and must publish the information on the Department of Transport’s electronic information website;

c) Within two working days from the date of issuing the revocation decision, update the departure time information of the revoked remaining (vehicle) into the fixed passenger transport route management software of the Ministry of Transport so that other enterprises or cooperatives can register for route exploitation according to this Decree;

d) Within thirty days from the date the revocation decision becomes effective, the enterprise or cooperative whose registration was revoked shall not be allowed to register for exploitation on the route with the revoked remaining (vehicle). After thirty days from the date the revocation decision becomes effective, if there is a need to continue participating in business on the route with the revoked remaining (vehicle), the enterprise or cooperative must follow the route exploitation registration procedures stipulated in this Decree.

Article 21. Announcing Bus Stations

1. Passenger bus stations may only be put into operation after being announced by the Departments of Transport of provinces and centrally governed cities.

2. Freight bus stations may only be put into operation after being announced by the enterprise and notified to the local Department of Transport.

3. Announcing bus stations shall be carried out in accordance with the national technical standards for bus stations.

Article 22. Provisions on management, use, issuance, reissuance, and recovery of vehicle identification plates and signs

1. Business units with a Business License for road transport using motor vehicles shall be issued vehicle identification plates and signs corresponding to the type of business they have been licensed for and ensuring the following principles:

a) At any given time, each vehicle may only be issued and used one type of vehicle identification plate or sign corresponding to one type of road transport business;

b) Motor vehicles with the "CONTAINER CARRIER" identification plate may transport containers and other goods. Vehicles with the "TRUCK" or "TRACTOR" identification plate may not transport containers;

c) Enterprises and cooperatives engaged in fixed-route passenger transport shall be issued transfer vehicle identification plates by the Department of Transport at both ends of the route;

2. Validity period of identification plates

a) Identification plates issued for motor vehicles engaged in road transport and transfer vehicles shall be valid for seven years or according to the request of the transport business unit (the requested period ranging from one year to seven years) and shall not exceed the service life of the vehicle;

b) The "FIXED ROUTE" identification plate issued for additional vehicles during Tet holidays shall be valid for up to thirty days; during New Year holidays and national high school exams and university admissions, it shall be valid for up to ten days;

3. The minimum size of all types of identification plates is 9 x 10 cm.

4. Documents required for application for identification plates must include the following components:

a) An application form for identification plates as prescribed in Appendix V of this Decree;

b) A copy of the vehicle registration certificate or a copy of the receipt for the vehicle registration certificate issued by the registration authority. In cases where the vehicle does not belong to the transport business unit, an additional copy of one of the following documents must be presented: a written lease agreement with an organization or individual, a service agreement between members and a cooperative, or a joint venture business agreement;

5. Procedures and formalities for issuing identification plates

a)[31] Transport business units submit one set of application documents for identification plates to the Department of Transport that issued their Business License; in cases where fixed-route passenger transport business units require transfer vehicles, they submit one set of application documents for "TRANSFER VEHICLE" identification plates to the Department of Transport that issued their Business License or the Department of Transport at the opposite end of the route. If the application documents need to be amended or supplemented, the issuing authority will notify the transport business unit directly or in writing or through the online public service system within one working day from the date of receiving the documents;

b) Within two working days from the date of receiving complete application documents, the Department of Transport shall issue identification plates for the vehicles as requested by the transport business unit. In case of refusal to issue, the Department of Transport shall respond in writing or through the online public service system and clearly state the reasons;

The Department of Transport is responsible for updating information on the journey monitoring data system of the Vietnam Highway Administration,[32]implementing inspections and only issuing identification plates when the vehicle's journey monitoring device meets all installation and data transmission requirements;

The acceptance of applications and delivery of results shall be conducted either directly at the issuing authority or via postal services or other appropriate methods as stipulated. In cases where applications are submitted directly to the issuing authority or via postal services, the staff accepting the applications shall update the information of the applications accurately into the Ministry of Transport's online public service system as prescribed;

The issuing authority shall process the applications and issue identification plates on the Ministry of Transport's online public service system;

c) The issuing authority shall check the information on the Safety Technical Inspection Certificate and Environmental Protection Certificate of the motor vehicles to ensure that the vehicles meet the conditions for engaging in road transport on the National Inspection System;

d) The issuing authority shall check the status of the vehicles on the Ministry of Transport's online public service system and the journey monitoring data system of the Vietnam Highway Administration[33] to implement the following cases:

In cases where the vehicle is not yet registered in the system, the identification plate shall be issued;

In cases where the vehicle is already registered in the system, the Department of Transport receiving the application shall send the information through the online public service system to the Department of Transport managing the vehicle to request confirmation and removal of the vehicle from the system. Within two working days from the date of receiving the request, the Department of Transport must respond. If the Department of Transport does not agree to remove the vehicle's information, it must clearly state the reasons. The Department of Transport receiving the application shall issue the identification plate and sign after the vehicle has been removed from the system;

6. Identification plates shall be reissued when they expire, are lost or damaged, or when there is a change in the owner of the vehicle or the transport business unit. The documents, procedures, formalities, and authority for reissuing identification plates shall be carried out in accordance with the provisions of Clause 4 and Clause 5 of this Article. The validity period of reissued identification plates shall be determined in accordance with the provisions of Clause 2 of this Article. In cases of reissuing identification plates upon expiration, the transport business unit may apply for reissue within fifteen days before the expiry date of the identification plate;

7.[34] Identification plates shall be reissued when they are revoked. After the revocation period expires, if there is a need to continue using the vehicle for transport business, the transport business unit must follow the procedures to obtain a new identification plate in accordance with the regulations. The documents, procedures, formalities, and authority for reissuing identification plates shall be carried out in accordance with the provisions of Clause 4 and Clause 5 of this Article;

8.[35] The documents, procedures, formalities, and authority for issuing and reissuing identification plates for tourist passenger-carrying vehicles shall be implemented in accordance with the detailed regulations of the Tourism Law;

9. Department of Transport

a)[36] Shall issue identification plates and signs in accordance with the provisions of this Article and organize the affixing of identification plates and signs on motor vehicles;

b) Shall not issue identification plates and signs for motor vehicles during the period when such vehicles are subject to administrative penalties involving suspension of use rights or revocation of identification plates and signs by competent authorities.

c) Send to the transportation business unit the Decision on revoking the license plate and emblem, and must publish the information on the Department of Transport's electronic information website;

d)[37] (Repealed)

10. The transportation business unit shall have its license plate and emblem revoked in any of the following cases:

a) Revoke the license plate and emblem for all vehicles of the transportation business unit when the transportation business unit is subject to the administrative penalty of revoking the Business License for Transportation Services by the competent authority;

b) Revoke the license plate and emblem of the vehicle that violates the speed limit if data extracted from the vehicle's trip recorder over one month shows at least five violations of speed limits per 1000 kilometers driven (excluding cases where the violation is less than or equal to 5 km/h);

c) Revoke the license plate of fixed-route commercial transport vehicles when the enterprise or cooperative does not operate commercial transport services on the route for a continuous period of 60 days.

11.[38] Department of Transport

a) Issue decisions and revoke the license plates and emblems issued by its own agency for transportation business units whose license plates and emblems are revoked according to this Article, Clause 10; point d, Clause 7, Article 19 of this Decree;

b) Within two days from the date of issuing the decision, the Department of Transport must post the decision on the revocation on its electronic information website;

c) When the issuing authority issues a decision to revoke the license plate and emblem, within ten days from the date of signing, the transportation business unit must return the license plate and emblem to the issuing authority, and simultaneously cease operating commercial transport services with the revoked vehicle;

In case the transportation business unit returns the license plate and emblem according to the revocation decision, the Department of Transport will issue new or replace the license plate and emblem after thirty days (sixty days for the second violation within six months continuously) from the date the transportation business unit submits the license plate and emblem to the Department of Transport;

In case the transportation business unit fails to return the license plate and emblem within ten days from the date the issuing authority issues the revocation decision, the Department of Transport will issue new or replace the license plate and emblem after forty-five days (ninety days for the second violation within six months continuously) from the date the transportation business unit submits the license plate and emblem according to the revocation decision;

d) Revoke the license plate and emblem when the transportation business unit reports and returns the license plate and emblem in cases where it ceases to use the vehicle for commercial transport services;

e) After the transportation business unit returns the license plate and emblem, the Department of Transport removes the information about the status of the vehicle from the trip recorder data system;

f) Do not process issuance or replacement of the license plate and emblem for transportation business units that violate regulations and have their license plates and emblems revoked but fail to comply with the revocation decision. Once the transportation business unit fully complies with the revocation decision, the issuing authority will process according to this Decree. In case the transportation business unit requests issuance or replacement of the license plate and emblem due to loss after receiving the revocation decision, the Department of Transport will not process issuance or replacement within sixty days from the date of receipt of the business unit's document;

12. Transportation business unit

a)[39] The transportation business unit must access the Department of Transport's information website to check information on revocation of the Business License for Transportation Services, license plate, and emblem, and must return the license plate and emblem to the Department of Transport when they are revoked. If the transportation business unit no longer uses the vehicle for commercial transport services, within ten days from the date of cessation of operations, the transportation business unit must submit a written report along with the license plate and emblem to the issuing Department of Transport (except in cases of loss);

b) Shall not use motor vehicles for commercial transport services during the period when the motor vehicle is subject to the administrative penalty of revoking the right to use the Business License for Transportation Services by Motor Vehicles (Business License for Transportation Services by Motor Vehicles, license plate, and emblem) or has had its license plate and emblem revoked.

14. Data extracted from the vehicle's trip recorder can only be used once to determine the violation. The data is extracted from the system for processing and utilizing data from the vehicle's trip recorder under the Vietnam Highway Administration;[40].

15. The Minister of Transport shall stipulate the model of the license plate and provide guidance on implementation.

Chapter VI. IMPLEMENTATION ORGANIZATION

Article 23. Ministry of Transport

1. Uniformly manage automobile transportation activities in accordance with this Decree.

2.[41] Organize the construction and publication of a list of rest stops on national highways; develop software for managing fixed-route passenger transport lines; guide the organization, management, and criteria for establishing fixed routes, pick-up and drop-off points, and sample Transport Orders; inspect compliance with conditions for automobiles, drivers, and confirmation on Transport Orders.

3. Implement the application of information technology in the management of automobile transportation business operations. Develop technological infrastructure and regulations for connecting, sharing, and interlinking all data from vehicle tracking devices, images, long-term storage from cameras on vehicles, vehicle inspections, training, issuance, and revocation of driver's licenses among state management agencies.

4. Issue national technical standards regarding: Vehicle tracking devices for automobiles; buses; bus stations, road rest stops.

5. Specify and guide

a) Software for managing automobile transportation business operations (including vehicle and driver management) and online public services;

b) Provision, management, and utilization of information from transportation contracts, Transport Documents (Transport Permits), Transport Orders;

c) Provision, management, and utilization of data from vehicle tracking devices; provision, management, and utilization of image data from cameras installed on commercial transportation vehicles; provision, management, and utilization of data from fixed routes from bus station management software; nationwide fixed-route passenger transport line management software;

d) Display information on commercial transportation vehicles;

e) Training transportation operations and traffic safety for drivers and service staff on vehicles;

f) Determination of overlapping start and end points in contractual and tour passenger transportation business operations.

6. Direct functional agencies

a) Inspect, check, and handle violations in the implementation of regulations on transportation business operations and conditions for automobile transportation business operations as stipulated in this Decree and other relevant laws;

b) Coordinate with functional agencies of ministries, sectors, and localities to exchange and provide information on transportation activities to support specialized management work.

7. Coordinate with the Ministry of Planning and Investment and related ministries and sectors to ensure funding for building and maintaining the system for processing data to serve the application of information technology in the management of automobile transportation business operations, including the system for processing data from vehicle tracking devices.

8. Specify the color of inspection labels distinguishing commercial transportation vehicles.

9.[42] Connect and share data on the management of automobile transportation business operations and data from vehicle tracking devices with the Ministry of Public Security (Traffic Police Department), Ministry of Finance (General Department of Taxation, General Department of Customs) for coordinated management.

10. Prepare documents to submit to the Government to report to the Standing Committee of the National Assembly to delegate the Government to specify the management of internal transportation by automobile (non-commercial transportation).

Article 24. Ministry of Public Security

1. Inspect and handle violations in the implementation of regulations on business operations and conditions for operating passenger and cargo transportation by motor vehicles as stipulated in this Decree and other relevant laws.

2. Connect and share information on administrative penalties imposed on organizations and individuals engaged in passenger and cargo transportation by motor vehicles with the Ministry of Transport for coordinated management.

Article 25. Ministry of Culture, Sports and Tourism

Coordinate with provincial People's Committees to determine parking points for tourist buses.

Article 26. Ministry of Science and Technology

1. Take the lead in reviewing national technical standards according to the Law on Standards and Technical Regulations.

2. Take the lead in implementing activities related to taxi meter inspection. Conduct inspections, handle administrative violations against organizations conducting taxi meter inspections and using taxi meters according to the law.

3. Coordinate with the Ministry of Transport to establish national standards and national technical standards for vehicle journey monitoring devices.

4. Coordinate with the Ministry of Transport and the Ministry of Information and Communications to define and guide software management for passenger and cargo transportation by motor vehicles and online public services.

Article 27. Ministry of Information and Communications

1. Lead and coordinate with the Ministry of Transport to provide guidance on the use of radio frequencies, telecommunications infrastructure, and data service charges for vehicle journey monitoring devices and other communication equipment used in managing and directing passenger and cargo transportation by motor vehicles.

2. Coordinate with the Ministry of Transport to define and guide software management for passenger and cargo transportation by motor vehicles and online public services.

3. Lead and coordinate with the Ministry of Industry and Trade, the Ministry of Public Security, and the Ministry of Transport to manage and guide units providing application software supporting transportation connections as stipulated in Article 35 of this Decree.

Article 28. Ministry of Health 1. Define and guide health standards and medical facilities for physical examinations of drivers engaged in passenger and cargo transportation by motor vehicles..

2. Lead and coordinate with the Ministry of Transport to implement laws on medical examination and treatment for workers in passenger and cargo transportation by motor vehicles.

3. Define and guide first aid medical supplies and emergency medicine kits on transportation vehicles.

Article 29. Ministry of Labor, Invalids and Social Affairs

1. Coordinate with the Ministry of Transport to provide guidance on labor laws, wages, social insurance, working hours, and rest periods for workers involved in passenger and cargo transportation by motor vehicles.

2. Coordinate with the Ministry of Transport to provide guidance on implementing legal provisions concerning policies for people with disabilities, the elderly, and policy beneficiaries when using passenger and cargo transportation services by motor vehicles.

Article 30. Ministry of Finance

1. Guide units providing software and transportation businesses to implement electronic contracts for the provision of electronic information to ensure strict management and full tax obligations.

2. Define and guide the implementation of electronic invoice and ticket data connection for various types of passenger and cargo transportation by motor vehicles, sharing information with the Ministry of Transport for coordinated management.

3. Lead and coordinate with the Ministry of Transport and related ministries and agencies to ensure funding for maintaining systems processing data to support the application of information technology in managing passenger and cargo transportation by motor vehicles, including systems processing data from vehicle journey monitoring devices.

2. Regulations and guidance on the implementation of electronic invoice and ticket data connection for various forms of passenger and cargo transportation by road, sharing information with the Ministry of Transport for coordinated management.

3. Taking the lead and coordinating with the Ministry of Transport and relevant ministries and sectors to ensure funding for maintaining the data processing system serving the application of information technology in managing road transportation business activities, including the data processing system from vehicle telematics devices.

Article 31. Ministry of Industry and Trade

1. Regulations and guidance on the operation of electronic commerce services

in the transportation sector.

2. Inspection, supervision, and handling of violations related to the provision of electronic commerce services in the transportation sector.

Article 32. Ministry of Planning and Investment

Take the lead and coordinate with the Ministry of Finance, Ministry of Transport, and other relevant ministries and sectors

to ensure funding for the construction of technological infrastructure to support the application of information technology in managing automobile transportation business operations, including the data processing system from vehicle tracking devices.

Article 33. Provincial People's Committees

1. Direct local functional agencies to manage automobile transportation activities according to the provisions of this Decree and other relevant laws.

2. Develop plans for the development and management of transportation vehicles to meet the public travel needs and the current traffic infrastructure conditions within their jurisdiction.

3. Specify regulations on the management of passenger shuttle buses within their jurisdiction.

4.[43] Establish and publish: The list of intra-provincial and adjacent bus routes; pick-up and drop-off points for transportation vehicles serving passengers within their jurisdiction.

5. Manage public passenger transportation by bus within their jurisdiction; coordinate with provincial people's committees where bus routes pass through to uniformly implement tasks stipulated in Clause 3, Article 5 of this Decree; coordinate with the Ministry of Transport before launching bus routes with starting or ending points within airport areas.

6. Based on actual conditions in their jurisdiction, implement:

a) Establish pick-up and drop-off points for taxis and buses as specified in Clause 5, Article 5 and Clause 6, Article 6 of this Decree;

b) Specify criteria and organize management of pick-up and drop-off points for contract cars and tour buses within their jurisdiction; establish and publish pick-up and drop-off points for contract cars and tour buses in urban areas.

c) Announce cargo station locations within their jurisdiction;

d) Establish and manage public taxi parking spots within their jurisdiction.

7. Direct the Department of Transport to base on published lists of fixed-route passenger transport lines between provinces and within provinces to announce detailed information on each route on the website, including: Departure bus station, arrival bus station, itinerary; total number of trips and departure times for each trip operated by participating units, number of trips not yet operated by any unit, time interval between consecutive trips; bus station capacity within their jurisdiction (hourly and daily capacity).

8. Based on actual conditions in their jurisdiction, determine and direct the installation of surveillance cameras at fixed locations and along routes to monitor the activities of transportation vehicles within their jurisdiction.

9. Direct functional agencies to conduct inspections, supervision, and handle violations in the implementation of business and operating conditions for automobile transportation as stipulated in this Decree and other relevant laws within their jurisdiction.

Article 34. Business Units Engaging in Road Transport Using Motor Vehicles

1. Implement the provisions on business operations and business conditions stipulated in the Law on Road Traffic and the regulations set forth in this Decree.

2. When conducting business operations, they must register their tax code with the Tax Authority at the local level where the main office or branch office of the unit is located; fulfill tax obligations as prescribed. Members of cooperatives participating in road transport using motor vehicles must also fulfill tax obligations as prescribed.

3. Transportation businesses

a) Enter into labor contracts, pay various types of insurance, organize regular health check-ups, and fully implement the rights of workers (including drivers and onboard staff) according to the laws on labor.

b) Ensure the rights of passengers as prescribed by law.

c) Organize training for transportation operations and traffic safety for drivers and onboard staff; issue driver identification cards for the unit's drivers as prescribed.

d) In cases where two or more business units engage in joint transportation operations, they must have a cooperation contract, which must include: Which unit will be directly responsible for managing the vehicle, drivers, transporting passengers and goods, determining freight rates, and other contents as prescribed in points a, b, and c of this Clause.

4. Apply science and technology, utilize software in managing vehicles, managing drivers, storing records, electronic tickets, electronic invoices, posting information on vehicles, receiving and processing passenger feedback according to current laws.

5. Business units engaging in passenger transport using motor vehicles with a seating capacity of nine seats or more (including the driver), and business units engaging in cargo transport using container trucks and tractor units must install cameras and ensure the following requirements:

a) Record and store images as prescribed in Clause 2, Article 13, Clause 2, Article 14 of this Decree;

b) Images from cameras installed on vehicles must be transmitted at a frequency of 12 to 20 times per hour (equivalent to every 3 to 5 minutes) to the business unit and transmitted to the competent state management agency as prescribed by the Ministry of Transport, stored for a minimum of 72 hours; image data must be provided promptly, accurately, without being altered or distorted before, during, or after transmission;

c) Maintain the operation of the camera to ensure continuous recording and storage of images without interruption as prescribed;

d) Provide access accounts to the server for the Police (Traffic Police Corps, Traffic Police Division, Highway and Railway Traffic Police Division, Highway Traffic Police Division of Provincial Public Security Departments, Central City Public Security Departments), the transport sector (Ministry of Transport, Vietnam Highway Administration[44], Department of Transport) to serve state management, inspection, and handling of violations according to the law;

đ) Comply with regulations on information security for passenger data as prescribed by law.

6. Business units engaging in transport are subject to supervision and inspection by authorized agencies regarding compliance with regulations on business operations and transport conditions using motor vehicles and related laws.

7. Implement reporting systems for business operations as prescribed.

8.[45] As of July 1, 2023, business units engaging in transport using motor vehicles that fall under the category required to install cameras according to this Decree, when first participating in transport operations, must install a trip recorder integrated with a camera to obtain insignia and signs. The trip recorder integrated with a camera must comply with all the provisions of this Decree.

Article 35. Units Providing Application Software for Transport Connection Support

1. Units that only provide application software for transport connection support (without directly managing vehicles or drivers; without determining transportation fare rates) must comply with the provisions of the Law on Electronic Transactions and other relevant laws, and must meet the following requirements:

a) Record the transportation requests of customers and transfer these requests to transport business units participating in the application software for transport connection support;

b) Act as an intermediary to confirm the proper execution of the agreed contents between transport business units and customers, ensuring the correct implementation of the posted transportation fare rates or the value of signed contracts; application software for transport connection support for passenger transport businesses using taxis must comply with the provisions set out in point c, Clause 3, Article 6 of this Decree; application software for transport connection support for contractual passenger transport businesses and tourist passenger transport businesses must comply with the provisions set out in point a, Clause 2, Article 16 of this Decree;

c) Record customer evaluations of driver service quality to inform transport business units to adjust provided transport services;

d) Ensure the safety and confidentiality of information for passenger data, transport business units, and drivers according to the law;

đ) Only provide transport connection support application software services to transport business units that have been granted a Business Operation Permit for Motor Vehicle Transport; vehicles must be issued with identification plates and comply with business and operational conditions for each type of transport as stipulated by law. Do not provide transport connection support application software services to contractual passenger transport businesses and tourist passenger transport businesses using such services to confirm seat reservations for individual passengers, sell tickets, or collect fares from individual passengers in any form; providing transport connection support application software services for transport businesses to electronically sign contracts must comply with the provisions set out in Clause 2, Clause 3, Article 7 and Clause 2, Clause 3, Article 8 of this Decree;

e) Maintain a complete history of all transactions conducted through the transport connection support application software to serve inspection and supervision purposes; the minimum retention period is two years;

g) Provide management agencies with a list of transport business units, motor vehicles, and drivers collaborating with the unit providing transport connection support application software, or provide access accounts to the transport connection support application software for management agencies upon request;

h) Must provide transport business units with interfaces and tools to directly manage vehicles and drivers, negotiate, and determine transportation fare rates with passengers and transport lessees on the application;

i) The transport connection support application software must ensure that drivers can perform multiple actions to accept trips only when the vehicle is stationary; when the vehicle is moving, drivers need only press one button to accept a trip;

k) Announce the complaint resolution process for customers and establish a system to store complaints;

2. In cases where units providing transport connection support application software carry out at least one of the main stages of transport operations (directly managing vehicles or drivers or determining transportation fare rates) for the purpose of profit-making passenger or cargo transport on roads, they must comply with the regulations on business operations and conditions for operating motor vehicle transport as stipulated in this Decree, the Law on Electronic Transactions, and other relevant laws, and must meet the requirements specified in points c, d, e, i, and k of Clause 1 of this Article.

Chapter VII. IMPLEMENTATION PROVISIONS

Article 36. Effective Date[46]

1. This Decree takes effect from April 1, 2020.

The Government's Decree No. 86/2014/NĐ-CP dated September 10, 2014 on business operations and conditions for operating road passenger and cargo transportation by motor vehicles ceases to be effective from the date this Decree takes effect.

2. Business units that have been granted a Business License before the date this Decree takes effect shall not need to reissue it until its expiration or when reissuing is required.

3. Foreign-invested enterprises holding a Business License (Business Registration Certificate) or Investment Certificate prior to the entry into force of Vietnam's Accession Commitment to the World Trade Organization, including those engaged in road passenger transportation, may continue their business operations.

4. Internal vehicle license plates issued in accordance with the Government's Decree No. 86/2014/NĐ-CP dated September 10, 2014 on business operations and conditions for operating road passenger and cargo transportation by motor vehicles cease to be valid from the date this Decree takes effect.

5. Business Licenses and license plates issued to entities and motor vehicles engaged in cargo transportation without direct payment under the provisions of the Government's Decree No. 86/2014/NĐ-CP dated September 10, 2014 on business operations and conditions for operating road passenger and cargo transportation by motor vehicles cease to be valid; such entities and means of transport are not required to obtain a Business License for operating road transportation by motor vehicles or license plates from the date this Decree takes effect.

6. Provisions on the transition regarding the issuance and use of license plates and signs for motor vehicles engaged in road transportation business

a) For fixed-route vehicles, buses, taxis, trucks, container trucks, tractor-trailers, contractual vehicles with a seating capacity of nine or more (including the driver), and tourist passenger vehicles with a seating capacity of nine or more (including the driver) that were issued license plates or signs before the date this Decree takes effect shall not need to reissue them until their expiration or when reissuing is required;

b) For contractual vehicles with a seating capacity of less than nine (including the driver) and tourist passenger vehicles with a seating capacity of less than nine (including the driver) that were issued license plates or signs in accordance with the Government's Decree No. 86/2014/NĐ-CP dated September 10, 2014 on business operations and conditions for operating road passenger and cargo transportation by motor vehicles must reissue license plates in accordance with this Decree and affix them permanently on the motor vehicles engaged in road transportation business. The completion time must be before July 1, 2021.

In the case of motor vehicles with a seating capacity of less than nine (including the driver) that were issued contractual vehicle license plates before the date this Decree takes effect (using the software specified in Clause 3 Article 6 of this Decree), if there is a need to operate according to the taxi model, they must reissue taxi license plates to engage in business operations as prescribed.

7. Before December 31, 2021, individuals directly managing transportation activities as stipulated in Clause 4 Article 13 of the Government's Decree No. 86/2014/NĐ-CP dated September 10, 2014 on business operations and conditions for operating road passenger and cargo transportation by motor vehicles within transportation businesses holding a Business License for operating road transportation by motor vehicles before the date this Decree takes effect must comply with the provisions of Point d Clause 1 Article 67 of the Road Traffic Law 2008.

8. Motor buses operating before the date this Decree takes effect but not in compliance with the provisions at Point c Clause 2 Article 5 of this Decree are permitted to operate until the end of their service life as prescribed.

9. Before December 31, 2021, motor vehicles engaged in passenger transportation business that were issued license plates and signs in accordance with the Government's Decree No. 86/2014/NĐ-CP dated September 10, 2014 on business operations and conditions for operating road passenger and cargo transportation by motor vehicles must have seat belts installed at all seating positions and sleeping berths (except for intercity buses).

Article 37. Responsibility for Implementation

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees, directly subordinate to the Central Government, enterprises, and related individuals are responsible for implementing this Decree./.

ANNEX I

MODEL APPLICATION FOR ISSUANCE (REISSUE) OF BUSINESS LICENSE FOR OPERATING ROAD TRANSPORTATION BY MOTOR VEHICLES
(Attached to the Government's Decree No. 10/2020/NĐ-CP dated January 17, 2020)

APPLICATION FOR ISSUANCE (REISSUE)

BUSINESS LICENSE FOR OPERATING ROAD TRANSPORTATION BY MOTOR VEHICLES

Respectfully submitted to: Department of Transport...

1. Name of transportation business unit:...

2. International trading name (if applicable):...

3. Address of headquarters:...

4. Telephone number (Fax):...

5. Business Registration Certificate or Enterprise Registration Certificate number:...; Tax code:... (in the case of a transportation business unit being a Cooperative or Individual Business, please submit a copy of the Business Registration Certificate)[47]

6. Transportation activity manager: (name, ID card number; education level, major)

7. Legal representative:

8. Parking location of the transportation unit: Total number of parking spaces... (specify the location and area of each space)

9. Application for issuance of transportation business licenses:

- ...................................................................................................................

- ...................................................................................................................

10. Service quality registration content (applicable in cases where the unit applies for issuance of a transportation business license under the following types: Fixed route, bus, taxi)

Based on the self-assessment ranking results, our unit registers the service quality level of the transportation unit according to the Standard for Quality of Passenger Transportation Services issued by the Vietnam Highway Administration[48] as follows:

- Our unit achieves level: .... (in the case of a quality standard established by the unit, clearly state which level of the Standard for Quality of Passenger Transportation Services issued by the Vietnam Highway Administration[49] should be equivalent to)

11. Distinctive color of the bus:... (applicable in cases where the unit applies for issuance of a transportation business license under the type of passenger transportation by bus).

The transportation business unit commits that the registered contents are consistent with the actual situation of the unit.

Note: In case of online submission, the information shall be declared according to the instructions on the Ministry of Transport's online public service system.

ANNEX II

LICENSE FOR OPERATING ROAD PASSENGER AND FREIGHT TRANSPORTATION BY MOTOR VEHICLES
(Attached to the Government's Decree No. 10/2020/NĐ-CP dated January 17, 2020)

Instructions: Font style, size, and color:

- The business license for operating road transportation shall be printed on A4 paper with a pink background and floral watermark.

- Font style, size, and color:

+ The lines "LICENSE" and "OPERATING ROAD PASSENGER AND FREIGHT TRANSPORTATION BY MOTOR VEHICLES"

shall be printed in Times New Roman font, all capital letters, font size from 14 to 18, dark red color;

+ Other lines shall be printed in Times New Roman font, font size 14 to 16, black color.

- Types of operations recorded on the License: operating fixed-route passenger transportation; operating bus passenger transportation; operating taxi passenger transportation; operating contractual passenger transportation; operating tourist passenger transportation; operating container freight transportation; operating general freight transportation by motor vehicles.

ANNEX III

ROUTE APPLICATION FORM
(Attached to the Government's Decree No. 10/2020/NĐ-CP dated January 17, 2020)

ROUTE APPLICATION

To: Department of Transport...

1. Name of enterprise, cooperative for transportation business:...

2. Address:…

3. Phone number (Fax):...

4.[50] (Repealed)

5. Application for...route: Route code: ...

Departure location:...Arrival location:...(2)

Departure station:...Arrival station:...(3)

Departure time at departure station:...hours...minutes, on days...

Departure time at arrival station:......hours...minutes, on days...

Number of trips per day/week/month:...

Distance traveled:...km.

Route:...

6. Plan for operating the passenger transportation route by motor vehicle (attached separately).

Instructions for filling out:

(1) Write the province name (if it is an inter-provincial route), write the district, commune where the station is located (if it is an intra-provincial route). (2) Write the province name of departure and arrival. Write the district, commune where the station is located (if it is an intra-provincial route). (3) Write the name of the departure station and the name of the arrival station.

Note: In case of online submission, the information shall be declared according to the instructions on the Ministry of Transport's online public service system.

Using state assets at public service organizations

OPERATING PASSENGER TRANSPORTATION ROUTES BY MOTOR VEHICLES

I. Route characteristics:

Route code:…

Route name:…to…and vice versa.

Departure station:…; Arrival station:…

Distance traveled:…km.

Route:…

II. Schedule:

1. Number of trips (shifts)…per day, week, month.

2. Departure time:

a) Outbound direction: departing from:……………………………………………

- Shift 1 departs at ……. hours…minutes, on days…

- Shift 2 departs at ……. hours…minutes, on days…

- ……………………………………………………………………….…..

b) Return direction: departing from:……………………………………………

- Shift 1 departs at ……. hours…minutes, on days…

- Shift 2 departs at ……. hours…minutes, on days…

- ……………………………………………………………………………

3. Duration of one trip…hours…minutes.

4. Travel speed:…km/h.

5. Itinerary:

a) Outbound direction: departing from:………………………………………………..

+ Shift 1: Departure time:…

+ Shift 2: Departure time:…

b) Return direction: departing from:……………………………………………………..

+ Shift 1: Departure time:…

+ Shift 2: Departure time:…

III. Fleet:

IV. Driver and attendant staffing plan:

V. Ticket price and baggage rate:

1. Ticket price:

a) Full fare:…VND/passenger.

b) Segment fare (if applicable):

- Segment 1 (from …to…): …VND/passenger.

- Segment 2 (from…to …):…VND/passenger.

- Segment…

2. Baggage rate:

a) Free baggage allowance:…kg.

b) Excess baggage charge:…VND/kg.

3. Ticket sales method

a) Sales counter at station:…

b) Sales through agents:…(specify agent name, address, phone number)…

c) Online ticket sales:…(website address).

VI. Transfer vehicles (if applicable):

- Vehicle type:…, capacity:…, year of manufacture…

- Number of vehicles:…

VII. Service quality registration content on the route:

1. Achieving service quality level……(star) according to the Standard for Quality of Passenger Transportation Services issued by the Vietnam Highway Administration[51] (or equivalent to level……(star) of the Standard for Quality of Passenger Transportation Services issued by the Vietnam Highway Administration)[52] should be equivalent to)

2. Services provided to passengers during the journey include:…

3. Hotline number of the unit: …

ANNEX IV

ROUTE APPLICATION SUCCESS NOTICE TEMPLATE
(Attached to the Government's Decree No. 10/2020/NĐ-CP dated January 17, 2020)

NOTICE

ROUTE APPLICATION SUCCESS

To:…(Name of enterprise, cooperative successfully applying for route operation) ........

Based on Decree No./2019/ND-CP dated Month Day Year 2019 of the Government on business and conditions for operating road transportation by motor vehicles.

The Department of Transport hereby informs about the successful application for operating a fixed-route passenger transportation line with the following contents:

1. Name of enterprise, cooperative for transportation business:...

2. Address:…

3. Phone number (Fax):...

4. Business license for operating road transportation by motor vehicles number:…Date…/…/…issued by …(issuing authority) ….

Is permitted to participate in operating inter-provincial (or intra-provincial) fixed-route passenger transportation lines from the date…Month…Year…

- Route name: Departure location:…Arrival location:…and vice versa (1).

- Departure station:…Arrival station:…

- Route code:…

- Distance traveled:…km; Route:…

Departure time:

+ At departure station:…hours…minutes, on days…

+ At arrival station:…….hours…minutes, on days…

Within 60 days from the date of notification…(Name of enterprise, cooperative successfully applying for route operation)…shall be responsible for putting the vehicle into operation. If within 60 days from the date of notification…(Name of enterprise, cooperative successfully applying for route operation)…does not put the vehicle into operation, this notification will lose its effect.

Instructions for filling out: (1) Write the province name (if it is an inter-provincial route), write the district, commune where the station is located (if it is an intra-provincial route).

ANNEX V

APPLICATION FOR ISSUE (REISSUE) OF LICENSE PLATES AND SIGNS
(Attached to the Government's Decree No. 10/2020/NĐ-CP dated January 17, 2020)

APPLICATION FOR ISSUE (REISSUE) OF LICENSE PLATES AND SIGNS

To:…(Department of Transport)…

1. Name of transportation business unit:…

2. Address:…

3. Phone number (Fax):...

4.[53] (Repealed)

Quantity of license plates and signs returned:…

Request to issue: (1)…

List of vehicles requesting license plates as follows:

Instructions for filling out:

(1) Write the quantity of license plates and signs requested to be issued.

(*) Apply in cases where the unit requests issuance of taxi license plates.

Note: In case the transportation business unit submits the application through the Ministry of Transport's online public service system, the information shall be declared according to the instructions on the system.

^{____________________________}

[1] Decree No. 47/2022/ND-CP dated July 19, 2022 of the Government amending and supplementing some articles of Decree No. 10/2020/ND-CP dated January 17, 2020 of the Government on business and conditions for operating road transportation by motor vehicles is based on the following grounds:

“BASED ON THE Law on Government Organization dated June 19, 2015; THE Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019; BASED ON THE Road Traffic Law dated November 13, 2008;

BASED ON THE Investment Law dated November 26, 2014; THE Law Amending and Supplementing Article 6 and Appendix 4 on the List of Industries and Businesses Subject to Conditions under the Investment Law dated November 26, 2016;

THE Government promulgates this Decree amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government stipulating business operations and conditions for operating road passenger transport services by motor vehicles.

At the proposal of the Minister of Transport;

Decree No. 41/2024/NĐ-CP amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service is based on the following grounds:”

BASED ON THE Law on Electronic Transactions dated November 29, 2005; AT THE PROPOSAL OF THE Minister of Transport;

“BASED ON THE Law on Government Organization dated June 19, 2015; THE Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019; BASED ON THE Road Traffic Law dated November 13, 2008;

BASED ON THE Investment Law dated November 26, 2014; THE Law Amending and Supplementing Article 6 and Appendix 4 on the List of Industries and Businesses Subject to Conditions under the Investment Law dated November 26, 2016;

THE Government promulgates this Decree amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service.

THIS POINT is amended and supplemented pursuant to point a, Clause 2, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024..”

[2] THIS CLAUSE is amended and supplemented pursuant to point b, Clause 2, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[3] THIS CLAUSE is amended and supplemented pursuant to Clause 3, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[4] THIS CLAUSE is amended and supplemented pursuant to Clause 4, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[5] THIS POINT is repealed pursuant to point a, Clause 15, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[6] THIS CLAUSE is amended and supplemented pursuant to Clause 4, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[7] THIS POINT is repealed pursuant to point a, Clause 15, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[8] THIS CLAUSE is amended and supplemented pursuant to Clause 5, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[9] THIS CLAUSE is amended and supplemented pursuant to Clause 6, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[10] THIS POINT is amended and supplemented pursuant to Clause 7, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[11] THIS POINT is added pursuant to Clause 1, Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government stipulating business operations and conditions for operating road passenger transport services by motor vehicles, which takes effect from September 1, 2022.

[12] The phrase "Vietnam Highway Administration" is replaced with the phrase "Vietnam Road Administration" pursuant to Clause 1, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[13] THIS POINT is amended and supplemented pursuant to Clause 2, Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government stipulating business operations and conditions for operating road passenger transport services by motor vehicles, which takes effect from September 1, 2022.

[14] The phrase "Vietnam Highway Administration" is replaced with the phrase "Vietnam Road Administration" pursuant to Clause 1, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[15] THIS POINT is amended pursuant to Clause 3, Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government stipulating business operations and conditions for operating road passenger transport services by motor vehicles, which takes effect from September 1, 2022.

[16] THIS CLAUSE is added pursuant to Clause 4, Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government stipulating business operations and conditions for operating road passenger transport services by motor vehicles, which takes effect from September 1, 2022.

[17] THE NAME of this clause is amended and supplemented pursuant to Clause 5, Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government stipulating business operations and conditions for operating road passenger transport services by motor vehicles, which takes effect from September 1, 2022.

[18] THIS POINT is amended and supplemented pursuant to Clause 6, Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government stipulating business operations and conditions for operating road passenger transport services by motor vehicles, which takes effect from September 1, 2022.

[19] This point has been amended and supplemented pursuant to Point a Clause 8 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[20] This point has been amended and supplemented pursuant to Point b Clause 8 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[21] This point has been added pursuant to Point c Clause 8 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[22] This point has been added pursuant to Point c Clause 8 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[23] The phrase "Vietnam Highway Administration" is replaced with the phrase "Vietnam Road Administration" pursuant to Clause 1, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[24] This point has been amended and supplemented pursuant to Point d Clause 8 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[25] This clause has been amended and supplemented pursuant to Point a Clause 9 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[26] This point has been amended and supplemented pursuant to Point b Clause 9 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[27] This point has been amended and supplemented pursuant to Point c Clause 9 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[28] This clause has been amended and supplemented pursuant to Point d Clause 9 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[29] This clause has been amended and supplemented pursuant to Point đ Clause 9 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[30] This clause has been amended and supplemented pursuant to Point e Clause 9 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[31] This point has been amended and supplemented pursuant to Clause 10 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[32] The phrase "Vietnam Highway Administration" is replaced with the phrase "Vietnam Road Administration" pursuant to Clause 1, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[33] The phrase "Vietnam Highway Administration" is replaced with the phrase "Vietnam Road Administration" pursuant to Clause 1, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[34] This clause has been amended and supplemented pursuant to Clause 8 Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business and conditions for operating automobile transportation, which shall take effect from September 1, 2022.

[35] This clause has been amended and supplemented pursuant to Clause 9 Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business and conditions for operating automobile transportation, which shall take effect from September 1, 2022.

[36] This point has been amended and supplemented pursuant to Clause 10 Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business and conditions for operating automobile transportation, which shall take effect from September 1, 2022.

[37] THIS POINT is repealed pursuant to point a, Clause 15, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[38] This clause has been amended and supplemented pursuant to Point a Clause 11 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[39] This point has been amended and supplemented pursuant to Point b Clause 11 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[40] The phrase "Vietnam Highway Administration" is replaced with the phrase "Vietnam Road Administration" pursuant to Clause 1, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[41] This clause has been amended and supplemented pursuant to Clause 12 Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees on management of automobile transportation activities, automobile driver training, and driving license examination services, which shall take effect from June 1, 2024.

[42] This clause has been amended and supplemented pursuant to Clause 11 Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business and conditions for operating automobile transportation, which shall take effect from September 1, 2022.

[43] This clause has been amended and supplemented pursuant to Clause 13, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of automobile transportation activities, driver training for automobiles, and driving examination services, which shall take effect from June 1, 2024.

[44] The phrase "Vietnam Highway Administration" is replaced with the phrase "Vietnam Road Administration" pursuant to Clause 1, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[45] This clause has been added pursuant to Clause 12, Article 1 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business operations and conditions for engaging in automobile transportation, which shall take effect from September 1, 2022.

[46] Article 2 of Decree No. 47/2022/NĐ-CP amending and supplementing certain provisions of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business operations and conditions for engaging in automobile transportation, which shall take effect from September 1, 2022, provides as follows:

“Article 2. Implementation clause

1. This Decree shall take effect from September 1, 2022.

2. The cancellation of Clause 8 and Clause 9 of Article 19 of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business operations and conditions for engaging in automobile transportation.

3. Automobiles converted from vehicles with a capacity of ten seats or more into automobiles with fewer than ten seats (including the driver), which have been issued identification plates before the effective date of this Decree, may continue to be used for passenger transportation until the end of their service life as stipulated in this Decree.

4. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal People's Committees directly under the Central Government, and relevant organizations and individuals shall be responsible for implementing this Decree./”

Article 4 and Article 5 of Decree No. 41/2024/NĐ-CP amending and supplementing certain provisions of related Decrees concerning the management of automobile transportation activities, driver training for automobiles, and driving examination services, which shall take effect from June 1, 2024, provide as follows:

"Article 4. Transitional Provisions

1. Certificates of practical driving instructors, Driving School Licenses, Driver Training Licenses, and Certificates of Driving Examination Centers meeting the conditions for operation issued by competent authorities before the effective date of this Decree shall continue to be used until their expiration.

2. Driving schools shall equip monitoring devices for the time and distance of students' practical driving lessons on driving school vehicles on practice grounds from the date the new standard replaces National Technical Regulation QCVN 105:2020/BGTVT (National Technical Regulation on Monitoring Devices for Time and Distance of Practical Driving Lessons).

3. Applications for Certificates of Driving Examination Centers meeting the conditions for operation received by the Vietnam Highway Administration for processing before the effective date of this Decree shall be handled according to the provisions of Decree No. 65/2016/NĐ-CP amended and supplemented by Decree No. 138/2018/NĐ-CP.

4. Type D Transport Permits issued by the Vietnam Highway Administration before the effective date of this Decree shall continue to be used until their expiration.

Article 5. Implementation Provisions

1. This Decree shall take effect from June 1, 2024.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal People's Committees directly under the Central Government, and relevant organizations and individuals shall be responsible for implementing this Decree./”

[47] This content has been amended pursuant to Clause 14, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of automobile transportation activities, driver training for automobiles, and driving examination services, which shall take effect from June 1, 2024.

[48] The phrase "Vietnam Highway Administration" is replaced with the phrase "Vietnam Road Administration" pursuant to Clause 1, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[49] The phrase "Vietnam Highway Administration" is replaced with the phrase "Vietnam Road Administration" pursuant to Clause 1, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of road passenger transport services by motor vehicles, driver training for motor vehicles, and driving test service, which takes effect from June 1, 2024.

[50] This content has been abolished pursuant to Point b, Clause 15, Article 2 of Decree No. 41/2024/NĐ-CP dated April 16, 2024 of the Government amending and supplementing certain provisions of related Decrees concerning the management of automobile transportation activities, driver training for automobiles, and driving examination services, which shall take effect from June 1, 2024.

[51] Cụm từ "Tổng cục Đường bộ Việt Nam" được thay thế bằng cụm từ "Cục Đường bộ Việt Nam" theo quy định tại khoản 1 Điều 2 của Nghị định số 41/2024/NĐ-CP ngày 16 tháng 4 năm 2024 của Chính phủ sửa đổi, bổ sung một số điều của các Nghị định liên quan đến quản lý hoạt động vận tải bằng xe ô tô, đào tạo lái xe ô tô và dịch vụ sát hạch lái xe, có hiệu lực kể từ ngày 01 tháng 6 năm 2024.

[52] Cụm từ "Tổng cục Đường bộ Việt Nam" được thay thế bằng cụm từ "Cục Đường bộ Việt Nam" theo quy định tại khoản 1 Điều 2 của Nghị định số 41/2024/NĐ-CP ngày 16 tháng 4 năm 2024 của Chính phủ sửa đổi, bổ sung một số điều của các Nghị định liên quan đến quản lý hoạt động vận tải bằng xe ô tô, đào tạo lái xe ô tô và dịch vụ sát hạch lái xe, có hiệu lực kể từ ngày 01 tháng 6 năm 2024.

[53] Nội dung này được bãi bỏ theo quy định tại điểm b khoản 15 Điều 2 Nghị định số 41/2024/NĐ-CP ngày 16 tháng 4 năm 2024 của Chính phủ sửa đổi, bổ sung một số điều của các Nghị định liên quan đến quản lý hoạt động vận tải bằng xe ô tô, đào tạo lái xe ô tô và dịch vụ sát hạch lái xe, có hiệu lực kể từ ngày 01 tháng 6 năm 2024