Directive No. 27/2002/CT-BGTVT on the implementation of Government Decree No. 92/2001/NĐ-CP

DIRECTIVE

Regarding the implementation of Decree No. 92/2001/NĐ-CP of the Government

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The Road Traffic Law was passed by the National Assembly, tenth session, ninth meeting on June 29, 2001, and took effect from January 1, 2002. To implement the Road Traffic Law, the Government issued Decree No. 92/2001/NĐ-CP on December 11, 2001 (hereinafter referred to as Decree No. 92) on conditions for operating passenger transportation by motor vehicles. According to the provisions of Decree No. 92 of the Government, buses over 20 years old and buses converted from other vehicles over 17 years old shall not be engaged in passenger transportation. After one year of implementing Decree No. 92, the People's Committees of provinces and centrally governed cities have directed enterprises and vehicle owners within their jurisdictions to strictly comply with the Government's decree, overcome difficulties, initially renew their means of transport, contributing to improving service quality and traffic safety. However, up to now, some enterprises and vehicle owners still violate Decree No. 92 and the Road Traffic Law for their own benefit, continuing to operate vehicles beyond the prescribed service life, causing many traffic accidents, particularly serious ones that have been criticized by public opinion.

In order to strictly implement Decree No. 92 and Resolution No. 13/2002/NQ-CP of the Government on measures to curb the increase and gradually reduce traffic accidents and congestion, taking 2003 as the year to establish traffic order and safety throughout the country according to the Resolution of the National Assembly, eleventh session, second meeting, the Ministry of Transport requests the People's Committees of provinces and centrally governed cities, the Ministry of Public Security within their respective functions and powers to closely coordinate with the Ministry of Transport to direct subordinate agencies to firmly and effectively implement the cessation of operation of buses that have exceeded the service life stipulated in Decree No. 92.

At the same time, to address existing issues that pose a risk to traffic safety, the Minister of Transport instructs the Director of the Vietnam Highway Administration, the Director of the Vietnam Vehicle Inspection Administration, and the Directors of Provincial Departments of Transport (Public Works) to perform the following tasks:

1. Vietnam Vehicle Inspection Administration:

- From January 1, 2003, do not inspect and issue Certificates of Technical Safety and Environmental Protection (yellow inspection stickers) for vehicles exceeding the service life specified in Decree No. 92.

- Statistically list the number, types, and year of manufacture of buses that have exceeded their service life and notify the Traffic Police and Traffic Inspectors for coordination in handling circulation and administrative registration management.

2. Department of Transport (Public Works):

- Direct traffic inspectors to strengthen inspections at static traffic points, strictly handle vehicles with yellow stickers carrying passengers or for hire. If violations are found, temporarily detain the vehicle and driver's license and other vehicle documents for processing according to regulations.

- Inform and remind enterprises and vehicle owners to commit not to use vehicles that have exceeded their service life and are unsafe for passenger transport. Regularly inspect and penalize enterprises and vehicle owners who violate regulations.

3. Vietnam Highway Administration.

Direct provincial departments of transport (public works) to quickly organize inter-provincial public passenger transport routes in accordance with Circular No. 4127/2001/QĐ-BGTVT of the Minister of Transport to ensure the travel needs between regions and areas, preventing vehicles that have exceeded their service life from secretly deceiving passengers outside stations or at unauthorized stops within the area.

4. Traffic Inspectors

Coordinate with traffic police and public order police in the area to strengthen inspections and controls at bus stations and passenger pick-up/drop-off points to stop the carriage of passengers by vehicles that have exceeded their service life, strictly penalize vehicle owners who intentionally violate; authorized to confiscate the Certificate of Technical Safety and Environmental Protection, yellow inspection stickers, and driver's licenses of violating vehicles according to the law.

The Ministry of Transport requests the People's Committees of provinces and centrally governed cities:

- Direct traffic police, traffic inspectors, and public order police to cooperate in inspections and checks, firmly not allowing buses that have exceeded their service life as stipulated to participate in passenger transportation activities.

- Organize and direct information agencies to promote and mobilize enterprises to comply with state regulations and not use vehicles that have expired for passenger transport. Simultaneously, promote to the public not to use vehicles that have not been inspected or have been inspected but still bear yellow stickers.

- Implement policies and incentives for enterprises to renew their means of transport; invest in business on deep rural and remote routes and urban bus transport to meet the travel needs of the people.

- Require agencies, enterprises, and schools not to lease, borrow, or use vehicles from units that have exceeded their service life under Decree No. 92 for transporting officials, workers, students to work, study, sightseeing, and vacations..... If they continue to use vehicles that have exceeded their service life, the heads of agencies, enterprises, and schools will be responsible for traffic safety incidents.

The Minister of Transport requires the heads of relevant agencies, units, and individuals to strictly comply with regulations on managing means of transport to contribute to reducing traffic accidents.