Circular No. 23/2014/TT-BGTVT amending and supplementing certain Articles of Circular No. 18/2013/TT-BGTVT dated August 6, 2013, issued by the Minister of Transport on the organization and management of road passenger transport services and supporting road transport services, and Circular No. 55/2013/TT-BGTVT dated December 26, 2013, issued by the Minister of Transport on responsibilities and handling of violations in the organization and management of road passenger transport services and supporting road transport services.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 18/2013/TT-BGTVT dated August 6, 2013 issued by the Minister of Transport on the organization and management of automobile transportation business and supporting road transport services, and Circular No. 55/2013/TT-BGTVT dated December 26, 2013 issued by the Minister of Transport on responsibilities and handling violations in the organization and management of automobile transportation business and supporting road transport services. On the basis of Decree No. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business and conditions for automobile transportation; Decree No. 93/2012/NĐ-CP dated November 8, 2012 of the Government amending and supplementing certain Articles of Decree No. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business and conditions for automobile transportation;

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

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

The Minister of Transport promulgates this Circular to amend and supplement certain Articles of Circular No. 18/2013/TT-BGTVT dated August 6, 2013 issued by the Minister of Transport on the organization and management of automobile transportation business and supporting road transport services, and Circular No. 55/2013/TT-BGTVT dated December 26, 2013 issued by the Minister of Transport on responsibilities and handling violations in the organization and management of automobile transportation business and supporting road transport services.

At the proposal of the Director of the Transport Department,

Article 1. Amending and supplementing certain Articles and Appendices of Circular No. 18/2013/TT-BGTVT dated August 6, 2013 issued by the Minister of Transport on the organization and management of automobile transportation business and supporting road transport services.

1. Supplement Clause 4 of Article 4 as follows:

"4. Not to use drivers whose bodies contain narcotics. Must organize health examinations for drivers and use drivers who meet the health standards prescribed by the Minister of Health in Circular No. 14/2013/TT-BYT dated May 6, 2013 on guidelines for health examinations and Decision No. 4132/2001/QĐ-BYT dated October 4, 2001 on issuing the "Health Standards for Traffic Vehicle Operators.""

2. Amending and supplementing Clause 2 of Article 35 as follows:

"2. Taxi license plates and roof lights:

a) Vehicles must have a "Taxi" license plate according to the model specified in Appendix 17 of this Circular; separately, taxis of units with a Business License for Transportation issued by the Department of Transport of Hanoi City must have a "HANOI TAXI" license plate according to the model specified in Appendix 17a of this Circular. The Department of Transport of Hanoi City shall be responsible for exchanging license plates already issued for taxis of transportation service providers before October 30, 2014.

b) Must have a roof light with the word "TAXI" attached to the top of the vehicle; the roof light must be turned on when the vehicle is not carrying passengers and turned off when it is carrying passengers."

3. Supplement Clause 2 of Article 46 as follows:

"2. The validity period of license plates and signs shall be in accordance with the validity period of the Business License for Transportation and shall not exceed the usage period of the vehicle. For vehicles added to serve passenger transportation during Tet holidays and examination periods, the validity period of the license plates shall be as follows: Tet holiday not exceeding 30 days; other holidays and examination periods not exceeding 10 days. Specifically, the "HANOI TAXI" license plate has a validity period of 24 months and shall not exceed the usage period of the vehicle."

4. Amending and supplementing Clause 1 of Article 49 as follows:

"1. Must display information as prescribed in Appendix 29 of this Circular."

5. Amending and supplementing Article 50 as follows:

a) Supplement Point a of Clause 2 as follows:

"a) The waybill includes the following information: name of the transportation business unit; name of the unit or person hiring transportation; route; contract number (if any), date signed; type of goods and quantity transported by the vehicle; time of receiving and delivering goods and other relevant contents related to the transportation process; Model of the waybill prescribed in Appendix 30 of this Circular."

"c) After loading the goods onto the vehicle and before transporting, the representative of the unit responsible for loading (if an organization) or the person loading (if an individual) must sign to confirm that the loading was done in compliance with regulations on the waybill."

b) Amending Point c of Clause 2 as follows:

6. Amending and supplementing Clause 2 of Article 51 as follows:

"2. The transportation unit is responsible for:

a) Informing drivers about compliance with legal regulations on permissible load weight and dimensions when participating in traffic;

b) Not organizing loading and transporting goods beyond the permissible load weight and dimensions;

c) Being responsible if vehicles under the management of the transportation unit exceed the permissible load weight and dimensions;

d) Providing transportation contracts or waybills to drivers."

7. Supplementing Appendices 17a, 29, and 30 as follows:

a) Supplementing Appendix 17a after Appendix 17 of Circular No. 18/2013/TT-BGTVT as specified in Appendix I attached to this Circular;

b) Supplementing Appendix 29 into Circular No. 18/2013/TT-BGTVT as specified in Appendix II attached to this Circular;

c) Supplementing Appendix 30 into Circular No. 18/2013/TT-BGTVT as specified in Appendix III attached to this Circular.

c) Add Appendix 30 to Circular No. 18/2013/TT-BGTVT as prescribed in Appendix III issued together with this Circular.

Article 2. Amending and supplementing some articles of Circular No. 55/2013/TT-BGTVT dated December 26, 2013 of the Minister of Transport on responsibilities and handling violations in organizing and managing road passenger transport services by motor vehicles and supporting road transport services.

1. Amend and supplement Clause 6 of Article 5 as follows:

"6. Comply with regulations on picking up and dropping off passengers and regulations on loading luggage and goods onto the vehicle."

2. Amend and supplement Article 10 as follows:

a) Amend and supplement Clause 2 as follows:

"2. Fulfill the responsibility of the carrier for loading goods onto the motor vehicle in accordance with the provisions. Inform drivers about compliance with laws on permissible load weight and dimensions when participating in traffic."

b) Amend and supplement Clause 4 as follows:

"4. Issue the Transport Permit to drivers and post information in accordance with the provisions."

3. Supplement Clause 4 of Article 19 as follows:

"4. Data extracted from the vehicle's onboard monitoring device shall only be used once to calculate the violation of the transport business operator."

4. Amend and supplement Article 20 as follows:

a) Amend and supplement point g clause 4 as follows:

"g) Motor vehicles transporting passengers on fixed routes, tour passenger transport, and contractual passenger transport, when data is extracted from the onboard monitoring device showing that over a continuous one-month period, more than 5% of the total number of trips made by the unit during the same time period violate the route; or more than 20% of the total number of trips made by the unit violate speed regulations; or more than 10% of the total number of trips made by the unit have drivers violating driving hours regulations."

b) Supplement Point i of Clause 4 as follows:

"i) Motor vehicles transporting passengers on fixed routes, tour passenger transport, and contractual passenger transport, over a continuous three-month period, have been penalized more than twice for carrying luggage or goods exceeding the permitted weight or for improper loading causing vehicle imbalance."

2. Collecting, updating, and correcting information about citizens in the Database on Residence and the National Population Database within their jurisdiction;

"Article 24. Handling violations against officials, civil servants, public employees, workers under state management agencies, state-owned enterprises, state capital representatives, legal representatives of units, directors, cooperative managers, and operators of road passenger transport services by motor vehicles and supporting road transport services.

1. Depending on the subject and the level of violation, officials, civil servants, public employees, workers under state management agencies, or state capital representatives at enterprises with state capital participation related to the management of road passenger transport services by motor vehicles and supporting road transport services shall be handled according to the law.

2. The Department of Transportation shall issue a reminder letter and notify the People's Committee of the commune or ward where the unit is located of the name of the unit, the full name, and position of the legal representative of the road passenger transport service unit and supporting road transport services in the following cases:

a) The unit is suspended from operating the route and the approval document for operating the route is revoked;

b) The unit has had twenty percent or more of its vehicles have their license plates and signs revoked within three months.

Article 3. Effectiveness and Implementation

1. This Circular takes effect from August 15, 2014.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, the Director of the Vietnam Highway Administration, Directors of Provincial Departments of Transportation under centrally governed cities, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.

3. During the implementation process, if there are any difficulties, agencies, organizations, and individuals shall promptly report them to the Ministry of Transport for consideration and resolution./.