Circular No. 24/2010/TT-BGTVT on bus terminals, parking lots, rest stops, and supporting road transport services

CIRCULAR

Regulations on bus stations, parking lots, rest stops, and supporting road transport services

services supporting road transport

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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. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business operations and conditions for operating motor vehicle transportation;

Pursuant to the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Ministry of Transport stipulates regulations on bus stations, parking lots, rest stops, and supporting road transport services,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for management, operation, and business activities of bus stations, parking lots, and rest stops; management and business activities of supporting road transport services.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the management and operation of bus stations, parking lots, and rest stops; management and business activities of supporting road transport services.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. A passenger bus station (passenger station) is a facility within the road traffic infrastructure that serves the function of picking up and dropping off passengers and providing support services for passenger transportation.

2. A freight bus station (freight station) is a facility within the road traffic infrastructure that serves the function of loading and unloading goods and providing support services for freight transportation.

3. A parking lot is a facility within the road traffic infrastructure that serves the function of storing motor vehicles and other road traffic means.

4. A rest stop is a facility within the road traffic infrastructure that serves the function of allowing people and vehicles to stop and rest during their participation in road transportation.

5. Transportation agency is a supporting road transport service where an organization or individual is authorized by a transportation business operator or consignor to perform one or more stages of the transportation process and receives remuneration.

6. Ticket sales agency is a supporting road transport service where an organization or individual is authorized by a transportation business operator to sell tickets to passengers and receives remuneration.

7. Cargo collection service is a supporting road transport service where an organization or individual uses road motorized vehicles to collect goods to a specified location according to the requirements of a transportation business operator or consignor and receives remuneration.

8. Transfer service is a supporting road transport service where an organization or individual uses road motorized vehicles to transport persons or goods on a specific leg of a journey.

9. Warehouse service is a supporting road transport service where an organization or individual provides storage space in warehouses under their control to transportation units or persons with goods.

10. Road transport rescue service is a supporting road transport service where an organization or individual performs rescue services for vehicles when they encounter accidents or technical issues on the road and receives remuneration.

Article 4. Planning of bus stations, parking lots, and rest stops

1. General Requirements:

a) In accordance with approved road transportation planning;

b) Facilitating connectivity and transfer between different modes of transport, meeting the travel needs of passengers and the circulation of goods at local and regional levels;

c) Publicly announcing the plan after it has been approved by the competent authority.

2. Responsibilities for developing plans:

a) The Vietnam Highway Corporation leads and coordinates with localities to develop plans for rest stops on national highways for approval by the Ministry of Transport;

b) People's Committees of provinces and centrally governed cities develop plans for bus stations, parking lots within their jurisdictions and rest stops on routes (excluding rest stops on national highways) within their areas.

Article 5. Investment in construction, management, operation, and business of bus stations, parking lots, and rest stops

1. Encourage and create favorable conditions for economic sectors to participate in investment in new construction or upgrading and renovation of bus stations, parking lots, and rest stops.

2. The operation and business of bus stations, parking lots, and rest stops shall be carried out by enterprises and cooperatives.

3. Provincial People's Committees under the Central Government shall uniformly organize and manage bus stations and parking lots in accordance with transportation development plans and specific requirements of each locality.

Chapter II

PROVISIONS ON BUS STATIONS

Article 6. Requirements for bus stations

1. Bus stations must be constructed in accordance with approved planning.

2. Ensure security, order, and safety for people, goods, and vehicles within the bus station and when entering and exiting the station.

3. Bus stations must be built according to corresponding standards for each type of station.

Article 7. Standards for bus stations

1. Standards for passenger bus stations:

Passenger bus stations are classified into six types corresponding to the standards for each type listed in the table below:

2. Standards for cargo bus stations:

Article 8. Business contents at bus stations

1. Business contents at passenger bus stations:

a) Services for vehicle entry and exit from the bus station;

b) Renting counters for ticket sales or accepting agency ticket sales;

c) Services for overnight parking of motor vehicles;

d) Services for renting premises for business activities serving passenger transport within the bus station;

đ) Operating other services for vehicles and passengers at the bus station in accordance with the law.

2. Business contents at cargo bus stations:

a) Services for loading, unloading, packaging, and storage of goods;

b) Parking services;

c) Operating other related services for cargo transport in accordance with the law.

Article 9. Announcement of bus station commencement of operation

1. Application documents include:

a) Request for announcement of commencement of bus station operation (in accordance with the form prescribed in Appendix 1);

b) Overall layout plan of the bus station;

c) Inspection report on compliance with bus station standards.

2. Processing procedure:

a) Within ten working days from the date of receipt of the application documents, the competent authority shall organize inspections and prepare inspection records according to the technical standards of bus stations;

b) Based on the standards for bus stations, the competent authority shall classify the bus station after organizing the inspection;

c) If, after inspection, the bus station does not meet the standards for the type of station proposed by the station operator, the inspection authority must clearly record the non-compliance and notify the station operator.

3. Competent authority for announcement: Departments of Transport of provinces and centrally governed cities shall announce all types of passenger and cargo bus stations.

4. A bus station may only commence operations after being officially announced by the competent authority (in accordance with the form prescribed in Appendix 2).

5. The announcement document shall be sent to the Vietnam Highway Corporation for coordinated management.

Article 10. Responsibilities and Authorities of the Unit Managing and Operating Bus Terminals

1. Responsibilities:

a) Is a business entity subject to management by state agencies responsible for transportation and other functional management agencies;

b) Implement the schedule of bus operations issued by the route management agency and other regulations governing passenger transport activities using fixed-route buses;

c) Ensure order, safety, fire prevention, environmental hygiene within the terminal, and bear legal responsibility for all business activities within the terminal;

d) Charge service fees for vehicles entering and exiting the terminal according to regulations;

đ) Organize services facilitating the entry and exit of vehicles and passengers safely;

e) Maintain terminal facilities in accordance with standards; gradually improve the quality of services for passengers and vehicles;

g) Verify and confirm information recorded in the Daily Log of Vehicle Operations by the terminal;

h) Report the unit's regulations on authorities, responsibilities, lists, positions, and signatures of individuals assigned to verify and confirm information in the Daily Log of Vehicle Operations to the local Department of Transportation for monitoring and management;

i) Arrange counters for businesses and cooperatives engaged in transportation to sell tickets when needed and post information as required; set up suggestion boxes and hotlines to promptly address and resolve complaints and reports from passengers regarding service quality;

k) Submit regular monthly reports (in the format prescribed in Appendix 3); submit ad hoc reports to serve state management work upon request of the Vietnam Highway Administration and the local Department of Transportation;

l) Report the average passenger load factor of enterprises and cooperatives on a given route over a specified period as requested by the route management agency and determine the average passenger load factor on the route to facilitate increased enterprise operations on the route and increase the number of vehicles operated by the enterprise;

2. Authorities:

a) Engage in business activities as stipulated in Article 8 of this Circular;

b) Refuse to allow vehicles to depart if the vehicle registration plate and driver do not match the information in the Daily Log of Vehicle Operations; report to the local Department of Transportation for direct handling or coordination with the Vietnam Highway Administration (for routes exceeding 1,000 kilometers) to handle according to regulations;

c) Report to the route management agency about enterprises and cooperatives that violate regulations concerning the management of fixed-route passenger transport by bus;

d) Fulfill contracts signed between the bus terminal operating unit and the transportation business unit; demand termination of the contract if the transportation business unit violates contract terms and both parties cannot reach an agreement;

3. Organizational Structure: Includes departments responsible for inspecting and controlling vehicles entering and exiting the terminal, verifying the Daily Log of Vehicle Operations, compiling and summarizing statistics; guiding passengers at the terminal and other functional departments to perform tasks and authorities as prescribed;

Article 11. Responsibilities and Authorities of the Transportation Business Unit at Bus Terminals

1. Responsibilities:

a) Adhere to regulations related to passenger transport by bus and other regulations related to order, safety, fire prevention, and environmental hygiene at the terminal;

b) Post service quality standards and commitments in locations and manners as prescribed by the terminal;

c) Provide sufficient vehicles with correct registration plates and comply with the schedule of bus operations as agreed in the contract with the bus terminal operating unit;

d) Ensure passengers board the bus with valid tickets, implement passenger insurance regulations; arrange seating according to the number of seats indicated on the ticket; organize luggage for passengers;

đ) Present the Daily Log of Vehicle Operations to the terminal's functional department assigned to check and confirm information within the terminal's authority when the vehicle enters and exits the terminal;

e) Timely transfer tickets to the bus terminal operating unit for sale to passengers under the ticket sales agency contract;

2. Authorities:

a) Organize ticket sales for passengers traveling on its own vehicles or request the terminal to sell tickets for the unit under the ticket sales agency contract;

b) Be allowed to advertise in accordance with the terminal's regulations at the location where the transportation unit has rented to sell tickets;

c) Fulfill contracts signed between the transportation business unit and the bus terminal operating unit; demand termination of the contract if the bus terminal operating unit violates contract terms and both parties cannot reach an agreement.

Article 12. Responsibilities and authorities of passengers at bus stations

1. Responsibilities:

a) Adhere to internal regulations and guidance from station staff, drivers, and on-board service personnel; board and disembark vehicles according to the guidance of station staff;

b) Adhere to regulations concerning maintaining order, environmental hygiene, fire prevention, and explosion prevention within the station;

c) Not carry goods, substances, or materials prohibited by the State for storage, use, and circulation;

d) Purchase tickets for the vehicle, pay for excess baggage fees as specified, and self-manage hand-carried luggage throughout the journey.

2. Authorities:

a) Be provided with information about transportation units, service quality, routes, and schedules of trips to make appropriate choices;

b) Request tickets at the registered price by the transportation unit and be allocated seats on the bus according to the number of seats indicated on the ticket, carry hand-carried luggage as permitted, and request the carrier to issue a baggage receipt in case the luggage cannot be placed in the passenger compartment;

c) Refuse the trip before the vehicle departs and be refunded the ticket fare according to regulations;

d) Report and propose recommendations regarding the management organization, service quality of the station, and transportation units.

Chapter III

PROVISIONS ON PARKING AREAS

Article 13. Requirements for parking areas

1. Ensure security, order, safety, fire prevention, and environmental hygiene in the parking area.

2. The entrance and exit gates of the parking area must be arranged to ensure traffic safety and not cause traffic congestion.

Article 14. Business contents at parking areas

1. Vehicle parking services.

2. Organize maintenance and repair services for vehicles.

3. Engage in other related services as prescribed by law.

Article 15. Responsibilities and authorities of the management and operation units of parking areas

1. Responsibilities:

a) Ensure order, safety, environmental hygiene, and fire prevention at the parking area;

b) Publicly display prices for services at the parking area;

c) Compensate for losses suffered by vehicle owners if damage or loss occurs to the vehicles received for parking;

d) Accept inspection and supervision by competent state agencies.

2. Authorities:

a) Be authorized to operate the types of services stipulated in Article 14 of this Circular;

b) Collect fees from vehicle owners for parking and service provision according to regulations;

c) Refuse service to vehicle owners who do not comply with the parking area's internal regulations.

Article 16. Responsibilities and authorities of vehicle owners or drivers at parking areas

1. Responsibilities:

a) Follow the internal regulations of the parking area;

b) Not carry goods, substances, or materials prohibited by the State for storage, use, and circulation;

c) Ensure security, order, and environmental hygiene in the parking area;

d) Follow the guidance of parking area management staff.

2. Authorities:

a) Be entitled to choose to use services at the parking area;

b) Report and propose recommendations to competent authorities regarding violations by the parking area.

Chapter IV

PROVISIONS ON REST STOPS

Article 17. Requirements for rest stops

1. Rest stops must be constructed in accordance with approved rest stop system planning and meet the standards set forth in Article 18 of this Circular.

2. Ensure security, order, safety, fire prevention, and environmental hygiene.

Article 18. Standards for rest stops

Rest stops are classified into three types corresponding to the standards of each type as follows:

Article 19. Business content at rest stops

1. Services for passengers and vehicles during rest stops.

2. Operating other services related to passengers and automobiles as prescribed by law.

Article 20. Announcement of commencement of operation of rest stops

1. Application documents include:

a) Application for announcement of commencement of operation of rest stops (in accordance with the form prescribed in Appendix 1);

b) Overall layout plan and technical design of rest stops;

c) Acceptance report of criteria according to rest stop standards;

2. Processing procedure:

a) Within the latest 10 working days from the date of receipt of a valid application file, the competent authority shall announce the organization of inspection and record the inspection results according to the technical standards of rest stops;

b) In case the rest stop does not meet the standards of the requested type of rest stop after inspection, the inspection agency must clearly note the non-compliance and inform the management unit of the rest stop.

3. Authority to announce:

a) The Vietnam Highway Administration announces the commencement of operation of rest stops on national highways.

b) Provincial Departments of Transport under central cities announce the commencement of operation of rest stops on routes (excluding rest stops on national highways) within their jurisdiction.

4. The announcement document (as stipulated in Appendix 4) shall be simultaneously sent to the Vietnam Highway Administration or the Department of Transport for implementation and coordinated management.

Article 21. Responsibilities and authorities of the operating and business units of rest stops

1. Responsibilities:

a) Ensuring order, safety, environmental hygiene, and fire prevention at rest stops;

b) Publicly posting service prices at rest stops;

c) Being subject to management by state agencies with authority;

d) Regularly reporting operational status as required by the local Department of Transport.

2. Authorities:

a) Operating the services as prescribed in Article 19 of this Circular;

b) Signing contracts with transportation units to implement services at rest stops;

c) Collecting fees from providing goods and services to transportation units and passengers at posted prices;

d) Refusing service to transportation units and passengers who do not comply with internal regulations at rest stops.

Article 22. Responsibilities and authorities of drivers, onboard service staff, and passengers at rest stops

1. Responsibilities:

a) Maintaining security, order, environmental hygiene, and fire prevention in the rest stop area;

b) Adhering to internal rules and guidance provided by staff at rest stops;

2. Authorities:

a) Receiving information about prices and quality of goods and services provided at rest stops;

b) Choosing to use services when entering rest stops;

c) Reporting and lodging complaints about service quality at rest stops to competent authorities.

Chapter V

REGULATIONS FOR TRANSPORT SUPPORT SERVICES

Article 23. Ticket Sales Agency

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

2. The ticket sales agency contract with enterprises and cooperatives operating passenger transport services by fixed-route buses shall include specific provisions on the obligations and rights of the parties involved, as well as the commission for selling tickets.

3. Guide passengers to bus stations to board vehicles.

4. Organizations and individuals engaged in ticket sales agency business are subject to specialized management by the Department of Transport of provinces and centrally governed cities.

Article 24. Transportation Agency

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

2. Transportation agency businesses are entitled to receive commissions for agency services according to agreements with consignors and such terms must be recorded in the contract.

3. Organizations and individuals engaged in transportation agency business are subject to specialized management by the Department of Transport of provinces and centrally governed cities.

Article 25. Cargo Collection Services, Transfer Services, and Warehouse Services

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

2. Organizations and individuals providing cargo collection services, transfer services, or warehouse services must store goods in accordance with the consignor's requirements and must have contracts for cargo collection, cargo transfer, or warehouse rental with the consignor.

3. Organizations and individuals engaged in cargo collection services, transfer services, and warehouse services are subject to specialized management by the Department of Transport of provinces and centrally governed cities.

Article 26. Road Transport Rescue Services

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

2. Organizations and individuals providing road transport rescue services must ensure traffic safety during the rescue process and comply with traffic control by specialized forces.

3. Organizations and individuals engaged in road transport rescue services are subject to specialized management by the Department of Transport of provinces and centrally governed cities.

Chapter VI

RESPONSIBILITIES OF STATE MANAGEMENT AUTHORITIES

Article 27. Responsibilities of the General Department of Roads of Vietnam

1. Implement state management functions in the specialized field concerning the operation of bus stations, parking lots, rest stops, and supporting transport services nationwide.

2. Organize regular or spot inspections of organizations and individuals operating bus stations, parking lots, rest stops, and supporting transport services on roads.

3. Decide to announce the operation of rest stops on national highways.

4. Compile and report the system of bus stations, freight stations, and rest stops nationwide.

Article 28. Responsibilities of the Departments of Transport of Provinces and Centrally Governed Cities

1. Implement state management functions over organizations and individuals operating bus stations, parking lots, rest stops, and supporting transport services at the local level.

2. Organize regular and spot inspections of organizations and individuals operating bus stations, parking lots, rest stops, and supporting transport services within their jurisdiction.

3. Decide to announce the operation of bus stations and freight stations.

4. Decide to announce the operation of rest stops on local roads (excluding rest stops on national highways).

Chapter VII

INSPECTION, AUDIT, VIOLATION HANDLING AND

COMPLAINTS AND REPORTING

Article 29. Inspection and Audit

1. The Ministry of Transport’s Inspectorate and related advisory agencies, the General Department of Roads of Vietnam, the Departments of Transport, and the Road Inspectorate shall conduct inspections and audits of compliance with regulations on management, operation, and business of bus stations, parking lots, rest stops, and supporting road transport services provided by agencies, organizations, and individuals within their respective jurisdictions.

2. The organization of inspections and audits must be carried out in accordance with current laws and regulations on inspection and audit.

Article 30. Handling Violations

Organizations and individuals who violate the provisions of this Circular will be handled as follows depending on the nature and severity of the violation:

1. Administrative penalties in accordance with current regulations.

2. Transport businesses that commit serious violations or repeatedly violate despite warnings and reminders will face reduced frequency of vehicle operations or termination of contracts allowing vehicles to enter and exit bus stations.

3. Bus station, parking lot, and rest stop operators who commit serious violations or repeatedly violate despite requests for correction will face suspension of certain services or full cessation of business operations.

4. Supporting road transport service providers who violate regulations will be subject to administrative penalties in accordance with current laws.

5. Authorities responsible for announcing the operation of bus stations, parking lots, rest stops, and supporting transport services have the authority to handle violations in accordance with Clause 2 and Clause 3 of this Article.

Article 31. Complaints and Reports

Organizations and individuals engaged in bus station, parking lot, rest stop operations, and supporting road transport services; transport businesses; passengers traveling by vehicle; and other relevant parties have the right to file complaints, reports, or lawsuits in accordance with the law regarding actions by state management authorities, individuals performing official duties, transport businesses, and managers and operators of bus stations, parking lots, rest stops, and supporting road transport services that violate this Circular.

Chapter VIII

IMPLEMENTATION

Article 32. Effectiveness

1. This Circular takes effect 45 days from the date of signature. The following Decisions are repealed:

a) Decision No. 08/2005/QĐ-BGTVT dated January 10, 2005, issued by the Minister of Transport on the issuance of regulations on bus stations;

b) Decision No. 15/2007/QĐ-BGTVT dated March 26, 2007, issued by the Minister of Transport on the amendment and supplementation of certain articles and clauses in the "Regulations on Bus Stations" issued together with Decision No. 08/2005/QĐ-BGTVT dated January 10, 2005, by the Minister of Transport.

2. Existing bus stations and freight stations must complete procedures to be recognized as bus stations in accordance with regulations before December 31, 2011.

Article 33. Responsibility for Implementation

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of the Departments, the Director of the Vietnam Highway Corporation, the Directors of the Transport Departments of the provinces and centrally governed cities; the Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.