Circular No. 39/2012/TT-BGTVT guiding the implementation of national technical standards for traffic infrastructure, supporting tools, and preferential policies for persons with disabilities to participate in public transportation.

 CIRCULAR

GUIDELINES FOR IMPLEMENTING THE NATIONAL TECHNICAL REGULATIONS ON INFRASTRUCTURE STRUCTURE, ASSISTIVE DEVICES AND PRIORITY POLICIES FOR PERSONS WITH DISABILITIES TO PARTICIPATE IN PUBLIC TRANSPORT

Pursuant to the Law on Persons with Disabilities No. 51/2010/QH12 adopted by the National Assembly on June 17, 2010;

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;

Pursuant to the Decree No. 28/2012/NĐ-CP dated April 10, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Persons with Disabilities;

At the proposal of the Director of the Environmental Department;

The Minister of Transport hereby promulgates this Circular guiding the implementation of national technical regulations on infrastructure structure, assistive devices and priority policies for persons with disabilities to participate in public transport,

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular guides the implementation of national technical regulations on infrastructure structure, assistive devices and priority policies for persons with disabilities to participate in public transport.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Organizations and individuals involved in the fields of design, construction, acceptance of infrastructure structures; passenger transportation by public transport means.

b) Persons with disabilities as defined in Clause 1, Article 2 of the Law on Persons with Disabilities.

Article 2. Interpretation of Terms

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

1. Public transport vehicles include: buses, fixed-route passenger cars, passenger aircraft, passenger trains (including urban rail transit vehicles), passenger ships, passenger ferries.

2. Stop and pick-up points: are locations where public transport vehicles stop and park to pick up and drop off passengers.

3. Terminals and stations: include bus terminals, waiting rooms, rest stops along road transport routes; railway stations, urban rail transit stations, urban rail transit parking areas; airport terminals; passenger ship ports.

4. Accessible transport means: are public transport means that meet national technical standards for accessible transport to enable persons with disabilities to access and use them.

Article 3. Implementation of technical standards and regulations on infrastructure structure for persons with disabilities to access and use

1. When designing, constructing, and accepting infrastructure structures, the project owner must apply the system of technical standards and regulations on accessible transport:

a) Roads and sidewalks in cities must comply with Clause 4.7, Article 4 of the Technical Regulations for Construction Works QCXDVN 01 : 2002 issued by the Ministry of Construction (hereinafter referred to as QCXDVN 01 : 2002) to ensure accessibility for persons with disabilities.

b) For stop and pick-up points, terminals, and stations:

- The entrance to the facility must be designed to allow persons with disabilities to access and use it. Technical requirements for entrances shall be implemented according to Clause 4.1 and Clause 4.2, Article 4 of QCXDVN 01 : 2002.

- Seating areas must be arranged to accommodate priority groups including persons with disabilities. Specifications, quantity, and arrangement of priority seating shall be carried out according to Point 4.4.3, Clause 4.4, Article 4 of QCXDVN 01 : 2002. Priority seating areas must have signs and signals for persons with disabilities to recognize and use. Specifications for signs and signals shall be implemented according to Clause 4.8, Article 4 of QCXDVN 01 : 2002.

- Common spaces within terminals and stations (ticket sales area, service area, restroom, elevator, cash withdrawal point, emergency exit) must comply with Clause 4.4 and Clause 4.6, Article 4 of QCXDVN 01 : 2002.

2. Roads and sidewalks in cities; stop and pick-up points; terminals and stations constructed before this Circular takes effect, organizations and individuals managing and operating these facilities are responsible for developing plans to renovate them to comply with the provisions of Clause 1 of this Article. The renovation schedule for these facilities shall be carried out in accordance with Clause 1 of Article 13 of Decree No. 28/2012/NĐ-CP dated April 10, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Persons with Disabilities (hereinafter referred to as Decree No. 28/2012/NĐ-CP).

Article 4. Means of Accessible Transportation

1. Organizations and individuals engaged in public passenger transport using buses shall be responsible for developing investment and renovation plans for means of transportation that meet the standards for accessible transportation. The number of means of accessible transportation on each bus passenger transport route must comply with the ratio prescribed by the People's Committee of the province or centrally governed city under Point a, Clause 1, Article 14 of Decree No. 28/2012/NĐ-CP.

2. Organizations and individuals engaged in public passenger transport using railways shall be responsible for developing investment and renovation plans for passenger carriages that meet the technical requirements for accessible transportation as stipulated in Section 2.2 of the National Technical Regulation on Inspection and Acceptance of Carriages when Produced, Assembled, and Newly Imported QCVN 18 : 2011/BGTVT issued by the Ministry of Transport. The number of means of accessible transportation shall be implemented according to Point b, Clause 1, Article 14 of Decree No. 28/2012/NĐ-CP.

3. Encouragement is given to organizations and individuals engaged in public passenger transport using other types of transportation not specified in Clauses 1 and 2 of this Article to invest in and renovate means of accessible transportation arranged on passenger transport routes to serve the transportation needs of persons with disabilities.

Article 5. Preferential Policies for Persons with Disabilities When Participating in Public Transportation

1. Priority in Ticket Purchase and Seating Arrangement:

a) Persons with disabilities participating in public transportation are entitled to priority in purchasing tickets at ticket counters and using seats reserved for priority groups.

b) Organizations and individuals engaged in public passenger transport shall be responsible for assisting, guiding, and arranging convenient seating for persons with disabilities; supporting severely disabled and extremely severely disabled persons when boarding and disembarking from vehicles and arranging luggage when necessary.

2. Implementation of Reduced or Free Fare and Service Charges for Persons with Disabilities Participating in Public Transportation:

a) Severely disabled and extremely severely disabled persons participating in public transportation are entitled to free or reduced fares as prescribed in Article 12 of Decree No. 28/2012/NĐ-CP.

b) The level of fare reduction and service charge reduction for persons with disabilities managed and operated by organizations and individuals in public passenger transport shall be self-established and announced but must not be lower than the fare reduction level prescribed in Clause 2, Article 12 of Decree No. 28/2012/NĐ-CP.

c) Persons with disabilities who use manual wheelchairs or handheld devices for mobility shall be exempted from baggage fees for such wheelchairs and devices when participating in public transportation.

d) Persons with disabilities who simultaneously qualify for fare and service charge reductions under different schemes shall only be entitled to the highest level of fare reduction.

3. Information and Assistance for Persons with Disabilities

a) Organizations and individuals managing and operating public passenger transport shall be responsible for providing equipment, tools, and staff to assist persons with disabilities in boarding and alighting from vehicles conveniently. These assistance plans must be announced in easily visible locations at stations and terminals so that persons with disabilities can access and use them.

b) Encouragement is given to organizations and individuals managing and operating stops, parking areas, stations, and terminals; and engaging in public passenger transport to organize departments and information portals to receive feedback, guide, respond to, and assist persons with disabilities participating in public transportation.

Article 6. Responsibilities of Participants in Public Transport Traffic

1. Passengers using public transport means shall be responsible for yielding their seats and prioritizing disabled persons; they shall cooperate with service staff of transport units to assist disabled persons in safely and conveniently participating in traffic.

2. Disabled passengers shall be responsible for presenting disability confirmation certificates to enjoy fare exemptions and reductions for public transport services in accordance with Clause 3, Article 12 of Decree No. 28/2012/NĐ-CP.

Article 7. Implementation Organization

1. The Vietnam Road Administration and specialized management agencies shall be responsible for guiding, inspecting, and urging the implementation of legal provisions concerning disabled persons and the provisions of this Circular according to their management functions.

2. The Vietnam Vehicle Inspection Agency shall be responsible for establishing a national technical regulation system for accessible transportation means; organizing inspections to confirm that vehicles meet national technical regulations for accessible transportation.

3. Departments of Transportation shall be responsible for:

a) Establishing and submitting to the People's Committees of provinces and centrally governed cities the regulations on the ratio of accessible transportation means for each bus passenger route in accordance with Point a, Clause 1, Article 14 of Decree No. 28/2012/NĐ-CP.

b) Guiding, inspecting, and urging the implementation of legal provisions concerning disabled persons and the provisions of this Circular; compiling statistics on the upgrading and renovation of stops, stations, terminals, and accessible transportation means according to the timelines specified in Clause 1, Article 13 and Clause 1, Article 14 of Decree No. 28/2012/NĐ-CP, and reporting periodically to the Ministry of Transport in December each year.

Article 8. Effectiveness and Responsibility for Implementation

1. This Circular shall take effect from December 1, 2012.

2. In cases where referenced standards applied in this Circular are amended, supplemented, or replaced, the new provisions shall apply.

3. The Heads of the Ministry’s Office, the Inspectorate, the Departments, the General Director of the Vietnam Road Administration, the Directors of the Agencies, the Heads of Departments of Transportation, and other relevant officials and individuals shall be responsible for implementing this Circular./.