Decree No. 41/2024/ND-CP Amending and supplementing some articles of related decrees concerning the management of automobile transportation activities, driver training services, and driving examination services.

DECREE

Amending and supplementing certain articles of related Decrees concerning the management of automobile transportation activities, driver training services for automobiles, and driving examination services.

The Government promulgates this Decree to amend and supplement certain articles of related Decrees concerning the management of automobile transportation activities, driver training services for automobiles, and driving examination services.

Article 1. Amending and supplementing certain articles of the Decree No. 65/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating driver training services and driving examination services (which has been amended by Decree No. 138/2018/NĐ-CP dated October 8, 2018 and Decree No. 70/2022/NĐ-CP dated September 27, 2022).

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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 the Law on Electronic Transactions dated November 29, 2005;

At the proposal of the Minister of Transport;

1. Amending and supplementing Clause 1, Article 6 (amended at Point a, Clause 2, Article 1 of Decree No. 138/2018/NĐ-CP dated October 8, 2018) as follows:

a) Theory classroom: Equipped with teaching aids for delivering lectures on the following contents: Road traffic laws, ethics of drivers, traffic culture, prevention of the harmful effects of alcohol when participating in traffic and fire prevention and rescue; road signal systems, road shape models presented in the form of paintings or designed in electronic format;

b) Automotive technology classroom: Equipped with projection devices as teaching aids for delivering lectures on vehicle structure, routine maintenance, and driving techniques; in cases where projection devices do not have video or simulated images of suspension systems, braking systems, steering systems, basic driving maneuvers (adjusting the driver's seat, sitting posture, holding the steering wheel...), there must be diagrams or drawings; there must be cutaway models of engines, power transmission systems, and electrical systems; in cases where there are no cutaway models of engines, power transmission systems, and electrical systems, projection devices with videos and images must be used to simulate. Specialized tools must be provided for guiding students in practical exercises such as changing tires, checking oil, coolant levels (which can be arranged in separate areas); there must be an automobile equipped with safety jacks for cold and hot number shifting practice (which can be arranged in separate areas); there must be simulation equipment for driving training;

c) Driver training institutions must arrange the number of theory classrooms and automotive technology classrooms appropriate to the number of trainees and training programs; for less than 500 trainees, there must be at least one theory classroom and one automotive technology classroom; for between 500 and 1,000 trainees, there must be at least two theory classrooms and two automotive technology classrooms; for more than 1,000 trainees, there must be at least three theory classrooms and three automotive technology classrooms."

2. Amending and supplementing Clause 1 and Clause 4, Article 8 (amended at Clause 5, Article 1 of Decree No. 138/2018/NĐ-CP dated October 8, 2018) as follows:

a) Amending and supplementing Clause 1, Article 8 (amended at Clause 5, Article 1 of Decree No. 138/2018/NĐ-CP dated October 8, 2018) as follows:

"1. General standards: Driving instructors must meet the standards prescribed by the law on vocational education."

b) Amending and supplementing Clause 4, Article 8 (amended at Clause 5, Article 1 of Decree No. 138/2018/NĐ-CP dated October 8, 2018) as follows:

"4. The Department of Transport shall issue a Certificate of Driving Instructor for practical driving instruction to instructors belonging to training institutions managed by local authorities or individuals."

3. Amending and supplementing Article 9 (amended at Clause 6, Article 1, Article 2 of Decree No. 138/2018/NĐ-CP dated October 8, 2018 and Point a, Clause 1, Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"4. The Department of Transport shall issue a Certificate of Driving Instructor for practical driving instruction to instructors at training institutions managed by local authorities or individual persons."

3. Amend and supplement Article 9 (amended at Clause 6, Article 1, Article 2 of Decree No. 138/2018/NĐ-CP dated October 8, 2018 and Point a, Clause 1, Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"Article 9. Procedures for Issuing and Revoking the Driving Instructor Teaching Practice Certificate

1. The application dossier for issuing the Driving Instructor Teaching Practice Certificate includes:

a) A request form according to the model prescribed in Appendix IV attached to this Decree;

b) A graduation certificate from a college level or higher (a copy with the original for verification or a certified copy or an electronically certified copy from the original);

c) A teaching qualification certificate (a copy with the original for verification or a certified copy or an electronically certified copy from the original);

d) One 3 cm x 4 cm color photo with a blue background, in an identity card format, taken within six months.

In cases where the documents specified in points b and c of this clause have been integrated into the electronic identification account, the presentation and verification can be conducted through the electronic identification account.

2. Procedures for Implementation

a) An individual who needs to obtain the Driving Instructor Teaching Practice Certificate for the first time shall prepare one set of dossier in accordance with the provisions of Clause 1 of this Article and submit it directly or via postal service to the driving training institution;

b) The driving training institution shall accept the dossier of the individual, ensure the conditions for participants in the training course as stipulated in Article 8 of this Decree, and organize the training course on driving instructor practical teaching skills as prescribed by the Ministry of Transport;

c) Within three working days from the end date of the training program, the training institution shall issue a document according to the model prescribed in Appendix V attached to this Decree and send the dossier of the participant to the Department of Transport requesting inspection and issuance of the Driving Instructor Teaching Practice Certificate through one of the following methods: direct submission, postal service, or electronic document;

d) The Department of Transport shall accept the list prepared by the training institution and the individual's dossier; if the dossier is incomplete or inaccurate, within two working days, it must issue a document specifying the content and reasons for the training institution to supplement and correct the dossier accurately; within five working days from receiving the complete dossier as prescribed, it shall organize the inspection and evaluation. If the individual does not meet the requirements, the Department of Transport must respond in writing to the training institution and specify the reasons;

đ) Within three working days from the date of passing the inspection, the Department of Transport shall issue the Driving Instructor Teaching Practice Certificate and deliver it directly to the individual or send it via postal service, and record it in the tracking book according to the model prescribed in Appendix VI attached to this Decree. If the individual fails the inspection, the Department of Transport must notify them in writing.

3. The Driving Instructor Teaching Practice Certificate shall be revoked in the following cases:

a) Engaging in fraudulent behavior to participate in the training and examination to obtain the Driving Instructor Teaching Practice Certificate;

b) Issuing the certificate to individuals who do not meet one of the criteria stipulated in Article 8 of this Decree;

c) Issued by an authority or person without the authority to issue;

d) Being erased or altered;

đ) Lending or renting the certificate to another training institution for use without participating in teaching activities; or lending or renting the certificate to other organizations or individuals for use.

4. The competent authority issuing the Driving Instructor Teaching Practice Certificate shall carry out the revocation procedure as follows:

a) Within five working days from the date of discovering the violation, the competent authority shall issue a decision to revoke the certificate, notify relevant authorities to cooperate in implementation, and publish on its official website;

b) The holder of the Driving Instructor Teaching Practice Certificate must return the certificate to the issuing authority and immediately cease teaching activities upon discovery of the violation by the competent authority.

4. Amend Article 10 (amended at point a, point b of Clause 7 of Article 1 of Decree No. 138/2018/NĐ-CP dated October 8, 2018 and point a of Clause 1 of Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"Article 10. Procedures for Reissuing the Driving Instructor Practicum Certificate

1. The Driving Instructor Practicum Certificate shall be reissued in cases of loss, damage, or changes in content.

a) The application dossier for reissuance in cases of loss or damage includes the components specified in points a and d of Clause 1, Article 9 of this Decree;

b) The application dossier for reissuance in cases of content changes includes the components specified in points a and d of Clause 1, Article 9 of this Decree and relevant documents pertaining to the corresponding content changes, specifically as follows: Change in the name of the individual applying for the Driving Instructor Practicum Certificate: A certified copy (legally authenticated) of the decision of the competent authority regarding the name change; change in date of birth, presenting the citizen identification card.

In cases where the documents specified in point b of this clause have been integrated into the electronic identity account, the presentation and verification may be conducted through the electronic identity account.

2. Procedures for Implementation

a) The individual prepares one set of the dossier and submits it directly, via postal service, or through the online public service system to the Department of Transport;

b) The Department of Transport receives the dossier. In cases where the individual does not meet the conditions, within no more than three working days, the Department of Transport must respond in writing and specify the reasons;

c) Within no more than three working days from the date of receiving the complete dossier, the Department of Transport issues the Driving Instructor Practicum Certificate, delivers the result directly or via the public postal service, and records it in the tracking logbook according to the model prescribed in Appendix VI attached to this Decree."

5. Amend and supplement Article 11 (amended at point a, Clause 1, Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"Article 11. Driving Practice Vehicle Permit and Authority to Issue the Driving Practice Vehicle Permit

1. The Department of Transport issues the Driving Practice Vehicle Permit for driving practice vehicles of training institutions managed by localities according to the models specified in Model No. 01 and Model No. 02 in Appendix VII attached to this Decree; such permits are valid for the period of permissible circulation recorded on the Safety Technical Inspection and Environmental Protection Certificate of Motor Vehicles but shall not exceed the lawful usage period for driving practice vehicles.

2. The Driving Practice Vehicle Permit shall be revoked in the following cases:

a) Issued to a driving practice vehicle that does not meet one of the conditions stipulated in Clause 2, Article 3 and Clause 2, Article 6 of this Decree;

b) Altered or tampered with;

c) Provided to other organizations or individuals for use in driver training purposes;

d) The training institution has been dissolved or had its training permit revoked;

e) At the request of the training institution;

f) The driving practice vehicle is equipped with and uses two or more DAT devices to commit fraud during practical driver training.

3. The authority issuing the Driving Practice Vehicle Permit shall carry out the revocation process as follows:

a) Within five working days from the date of discovering the violation, the competent authority shall issue a decision to revoke the certificate, notify relevant authorities to cooperate in implementation, and publish on its official website;

b) The training institution issued the Driving Practice Vehicle Permit must immediately cease using the automobile whose permit has been revoked in teaching activities upon discovery of the violation by the competent authority, and simultaneously return the permit to the issuing authority once the revocation decision takes effect."

6. Amend and supplement Clause 2, Article 12 (amended at point a, Clause 1, Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"2. Implementation procedures

a) The organization sends the list specified in point a, Clause 1 of this Article along with the application dossier for issuing the Driver Training Permit directly or via postal service to the Department of Transport;

b) The Department of Transport conducts on-site inspections, prepares inspection reports according to the model prescribed in Appendix XIII attached to this Decree, and issues the Driving Practice Vehicle Permit to the requesting organization at the time of issuing the Driver Training Permit;

c) Within no more than one working day from the date of issuing the Driver Training Permit to the training institution, the Department of Transport issues the Driving Practice Vehicle Permit. If issuance is denied, a written response must be provided specifying the reasons;

d) In cases of reissuing the Driving Practice Vehicle Permit or adding additional driving practice vehicles: The training institution prepares one set of the dossier including the components specified in this Article, and submits it directly, via postal service, or through the online public service system to the Department of Transport;

e) Within no more than three working days from the date of receiving the complete dossier as prescribed, the Department of Transport conducts inspections and issues the Driving Practice Vehicle Permit to the training institution. If issuance is denied, a written response must be provided specifying the reasons;

f) In cases of issuing an electronic Driving Practice Vehicle Permit (with QR code) connected to the Department of Transport's information website to access information about the vehicle, driving route, and circulation validity recorded on the Safety Technical Inspection and Environmental Protection Certificate of Motor Vehicles, the Department of Transport must comply with the provisions of the Law on Electronic Transactions, guiding documents, and issue the electronic Driving Practice Vehicle Permit on the website for the training institution to print or store on an electronic device."

7. Amend and supplement Clause 1 and points b and c of Clause 2, Article 14 (amended at Article 2 of Decree No. 138/2018/NĐ-CP dated October 8, 2018 and point a, Clause 1, Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

a) Amend and supplement Clause 1, Article 14 (amended at Article 2 of Decree No. 138/2018/NĐ-CP dated October 8, 2018) as follows:

"1. The dossier includes:

a) A document accompanied by a report requesting the issuance of the Driver Training Permit according to the model prescribed in Appendix X attached to this Decree;

b) The establishment decision of the vocational education institution by the competent authority (a certified copy with the original for comparison or a certified copy or an electronically certified copy from the original);

c) The Driving Instructor Practicum Certificate (a certified copy with the original for comparison or a certified copy or an electronically certified copy from the original);

d) The vehicle registration certificate (a certified copy with the original for comparison or a certified copy or an electronically certified copy from the original).

In the case where the documents specified in points b, c, and d of this clause have been integrated into the electronic identity account, the presentation and verification may be carried out through the electronic identity account.

b) Amend and supplement point b of Clause 2 Article 14 (amended at point a of Clause 1 Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"b) In the event that the file is incomplete according to regulations, within no more than two working days from the date of receiving the file, the Department of Transport must respond in writing to the organization or individual;"

c) Amend and supplement point c of Clause 2 Article 14 (amended at point a of Clause 1 Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"c) Within no more than ten working days from the date of receiving the complete file according to regulations, the Department of Transport shall take the lead and coordinate with the vocational education management agency at the local level to organize on-site inspection of the training facility, prepare a record according to the model prescribed in Appendix XI attached to this Decree, and issue a Driver Training Permit to the facility meeting the conditions. If not issued, a written response must be provided with clear reasons;"

8. Amend and supplement point a of Clause 1 Article 15 as follows:

"a) The file includes the components specified in points a, c, and d of Clause 1 Article 14 of this Decree (only supplementing the contents changed compared to the most recent permit issuance);"

9. Add points g, h, and i to Clause 1 Article 16 as follows:

a) Add point g to Clause 1 Article 16 as follows:

"g) The driver training facility is dissolved in accordance with the provisions of the law;"

b) Add point h to Clause 1 Article 16 as follows:

"h) The driver training facility does not organize driving training activities for a continuous period of 24 months from the date of the notice of suspension of operations without meeting the business conditions for driving training services;"

c) Add point i to Clause 1 Article 16 as follows:

"i) The driver training facility does not organize driving training activities for a continuous period of 24 months;"

10. Amend and supplement points c and g of Clause 1 Article 18 (amended at points a and b of Clause 8 Article 1 of Decree No. 138/2018/NĐ-CP dated October 8, 2018) as follows:

a) Amend and supplement point c of Clause 1 Article 18 (amended at point a of Clause 8 Article 1 of Decree No. 138/2018/NĐ-CP dated October 8, 2018) as follows:

"c) The number of motor vehicles used for examination: For driving examinations in the A1, B1, B2, and C categories, there must be a minimum of two vehicles per category (combined practical and road tests), and these vehicles cannot be used for other commercial purposes; for road driving examinations, there must be a minimum of one vehicle per category. Examination vehicles must be legally owned by organizations or individuals operating examination centers;"

b) Amend and supplement point g of Clause 1 Article 18 (amended at point b of Clause 8 Article 1 of Decree No. 138/2018/NĐ-CP dated October 8, 2018) as follows:

"g) Simulation equipment for driving examinations: Shared with the theoretical examination system's server and workstations; if separate installation is required, at least two servers (servers) and at least ten workstations pre-installed with software simulating traffic situations as prescribed by the Ministry of Transport;"

11. Amend and supplement Clause 3 Article 19 (amended at point a of Clause 1 Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"3. The Department of Transport issues new or renewed Certificates of Driving Examination Centers meeting the operational conditions within the province or centrally governed city;"

12. Amend and supplement Clause 2 Article 20 (amended at point a of Clause 1 Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"2. Implementation procedures
a) Organizations or individuals submit a request letter along with one set of files directly or via postal service to the Department of Transport;
b) Within no more than five working days from the date of receiving the complete file according to regulations, the Department of Transport sends a written approval to the organization or individual; if not approved, a written response must be given to the organization or individual with clear reasons;"

13. Amend and supplement Article 21 (amended at point a of Clause 1 Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"Article 21. Procedures for Issuing Certificates for Driving Test Centers of Type 1 and Type 2 Meeting Operating Conditions
1. After completing the construction of a driving test center, organizations and individuals shall submit a request to the Department of Transport for inspection and issuance of a certificate confirming that the driving test center meets operating conditions.
2. Within no more than ten working days from the date of receipt of the request, the Department of Transport shall organize inspections, prepare records according to the model specified in Appendix XIV attached to this Decree, and issue certificates to driving test centers meeting operating conditions. In cases where a certificate is not issued, a written response must be provided with clear reasons.

14. Amend and supplement Point b Clause 1 Article 23 (amended at Point a Clause 1 Article 2 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

"b) Within no more than ten working days from the date of receipt of the request, the Department of Transport shall organize inspections, prepare records according to the model specified in Appendix XIV attached to this Decree, and issue certificates to driving test centers meeting operating conditions. In cases where a certificate is not issued, a written response must be provided with clear reasons."

15. Supplement Points g and h to Clause 1 Article 24 as follows:

a) Supplement Point g to Clause 1 Article 24 as follows:

"g) The driving test center is dissolved in accordance with the provisions of the law;"

b) Supplement Point h to Clause 1 Article 24 as follows:

"h) The driving test center does not organize driving tests for more than twenty-four consecutive months."

16. Supplement Point d to Clause 1 and amend and supplement Point a Clause 2 Article 26 (amended at Point a Clause 1 Article 1 of Decree No. 70/2022/NĐ-CP dated September 27, 2022) as follows:

a) Supplement Point d to Clause 1 Article 26 as follows:

"d) Regulations and guidelines on managing and using data from devices monitoring time and distance of practical driving training;"

b) Amend and supplement Point a Clause 2 Article 26 as follows:

"a) Organize implementation, inspection, and supervision of compliance with the conditions stipulated in this Decree; organize training and guidance for Departments of Transport on inspection procedures and issuance of certificates for driving test centers meeting operating conditions;"

17. Replace Appendices in Decree No. 65/2016/NĐ-CP as follows:

a) Replace Appendix III with Appendix I attached to this Decree;

b) Replace Appendix IV (replaced by Appendix IV of Decree No. 138/2018/NĐ-CP) with Appendix II attached to this Decree;

c) Replace Appendix V with Appendix III attached to this Decree;

d) Replace Appendix VII with Appendix IV attached to this Decree.

18. Supplement Appendices XIII and XIV to Decree No. 65/2016/NĐ-CP corresponding to Appendices V and VI attached to this Decree.

19. Repeal the provisions at Clause 2 Article 7, Point a Clause 3 Article 13, and Point a Clause 3 Article 26.

Article 2. Amend and supplement some articles of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business and conditions for operating road passenger transport by motor vehicles (amended and supplemented by some articles in Decree No. 47/2022/NĐ-CP dated July 19, 2022)

1. Replace the phrase "General Department of Roads of Vietnam" with "Department of Roads of Vietnam" at: Point a Clause 3, Clause 4 Article 12; Point c Clause 7 Article 19; Point b and Point d Clause 5, Clause 13 Article 22; Point d Clause 5 Article 34; Appendix I, Appendix III.

2. Amend and supplement Point a Clause 3 and Clause 8 Article 4 as follows:

a) Amendments and supplements to Point a Clause 3 as follows:

"a) Department of Transport: Develop, adjust, and supplement the fixed route network within the province; coordinate with the Department of Transport at the other end of the route to develop, adjust, and supplement the fixed route network between provinces based on the principle of stabilizing routes already announced; for provinces and cities with bus stations ensuring organized transportation along the route, the principle is that the starting point and endpoint of the route should be the station in that direction;"

b) Amend and supplement Clause 8 as follows:

"8. Bus stations must use software to manage bus stations to control vehicle entry and exit activities and provide information (including: Name of bus station; name of 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 trip operated at the station to the Department of Roads of Vietnam. Enterprises and cooperatives engaged in regular bus services must store Transport Orders of completed trips for a minimum of three years."

3. Amend and supplement Clause 4 of Article 5 as follows:

"4. Enterprises and cooperatives engaged in public bus services must store Transport Orders of completed trips for a minimum of three years."

4. Amend and supplement Clause 5 Article 7 as follows:

"5. Passenger transport enterprises must store transport contracts together with passenger lists for a minimum of three years."

5. Amending and supplementing Clause 5 of Article 8 as follows:

"5. Passenger transport enterprises may use tour buses to transport passengers under contracts; they must store transport contracts or travel contracts, together with passenger lists for a minimum of three years."

6. Amend and supplement Clause 11 Article 9 as follows:

"11. Waybills (Transport Documents) can be in paper or electronic form, issued by transport enterprises and containing at least the following information: Name of transport enterprise; license plate number; name of the hiring party; itinerary (starting point, ending point); contract number, date of signing the contract (if applicable); type and quantity of goods transported. Transport enterprises must store Waybills of completed trips for a minimum of three years."

7. Amend and supplement Point d Clause 3 Article 11 as follows:

"d) Record and update all contents prescribed regarding the operation of vehicles and drivers belonging to the enterprise in vehicle histories and driver work histories;"

8. Amend and supplement Point a Clause 1, Point b, Point đ, and Point e Clause 6, Point d Clause 7 Article 19 as follows:

a) Amend and supplement Point a Clause 1 Article 19 as follows:

"a) The business unit submits one set of application documents for a Business Operation Permit to the Department of Transport where the business unit's main office or branch office is located. In cases where the application requires amendments or supplements, the issuing authority shall notify the business unit directly, in writing, or through the online public service system about the necessary amendments or supplements within three working days from the date of receipt of the application;"

b) Amend and supplement point b, Clause 6, Article 19 as follows:

"b) Not operating all types of transportation services listed on the Business Operation Permit for a period of six months or more from the date of issuance of the Business Operation Permit, or ceasing to operate all types of transportation services listed on the Business Operation Permit continuously for six months or more;"

c) Add points d and e to Clause 6, Article 19 as follows:

"d) Failure to comply with inspection and supervision decisions regarding compliance with regulations on business operations and conditions for operating motor vehicle transportation issued by competent authorities;"
e) Within one month, thirty percent or more of the vehicles of the business unit are subject to penalties involving license plate confiscation or revocation;"

d) Amend and supplement point d, Clause 7, Article 19 (amended and supplemented at Clause 7, Article 1 of Decree No. 47/2022/NĐ-CP dated July 19, 2022) as follows:

"d) When the issuing authority issues a decision to revoke the Business Operation Permit for a type of transportation business that has violated regulations, the business unit must return the Business Operation Permit and license plates to the issuing authority within ten days from the date of issuance of the revocation decision, and cease all transportation business activities according to the revocation decision.

If the business unit returns the Business Operation Permit and license plates in accordance with the revocation decision, the issuing authority will issue a new Business Operation Permit only after thirty days from the date the business unit returns all required documents.

If the business unit fails to return the Business Operation Permit and license plates within ten days from the date of issuance of the revocation decision, or if they return but not fully as required by the revocation decision, the Department of Transport will issue a new Business Operation Permit only after forty-five days from the date the business unit returns all required documents."

9. Amend and supplement Clause 1, point a and point c, Clause 2, Clause 7, Clause 9, and Clause 10, Article 20 as follows:

a) Amend and supplement Clause 1, Article 20 as follows:

"1. Based on the published and updated fixed route passenger transport network directory and timetable of the Ministry of Transport, enterprises and cooperatives with a Business Operation Permit for road passenger transport services may choose departure times and register to operate routes at times when no other units are operating."

b) Amend and supplement point a, Clause 2, Article 20 as follows:

"a) Enterprises and cooperatives engaged in transportation business shall develop plans and coordinate with terminal stations at both ends of the route regarding departure times, and submit these plans to the Department of Transport where the business unit's main office or branch office is located for registration and management;"

c) Amend and supplement point c, Clause 2, Article 20 as follows:

"c) The Department of Transport (where the business unit's main office or branch office is located) shall be responsible for updating and adding detailed route information as stipulated in points a and b, Clause 3, Article 4 of this Decree, issuing license plates for vehicles; organizing updates, additions, and publication of the route network directory according to the guidelines of the Minister of Transport;"

d) Amend and supplement Clause 7, Article 20 as follows:

"7. Enterprises and cooperatives may suspend operation of a route or one or several trips on a route.
a) Five days before suspending operations, enterprises and cooperatives must notify the Department of Transport, terminal stations at both ends of the route, and return the route license plates to the Department of Transport on the day of suspension. Terminal stations at both ends of the route must post notices at least ten days from the date of receiving the notification from the enterprise or cooperative;

b) Within two working days from the date of suspension, the Department of Transport shall update the information as stipulated in points a and b, Clause 3, Article 4 of this Decree;"

đ) Amend and supplement Clause 9, Article 20 as follows:

"9. Enterprises and cooperatives will have their route operation registrations revoked for any remaining (route) sections that are still operating if they fail to complete seventy percent or less of the total number of trips registered for those sections in one month;"

e) Amend and supplement Clause 10, Article 20 as follows:

"10. The Department of Transport that issued the successful Route Operation Registration Notice shall revoke the registration for any remaining (route) sections that are still operating according to the following procedures:
a) Issue a decision to revoke. If the registered route has only one section or all sections of the route have completed seventy percent or less of the total number of trips registered, then revoke the successful Route Operation Registration Notice and revoke the license plates issued for vehicles operating on the route;
b) Send the revocation decision to the enterprise or cooperative, terminal stations at both ends of the route, and the Department of Transport at the opposite end of the route, and publish the information on the Department of Transport’s website;
c) Within two working days from the date of issuance of the revocation decision, update the departure time information of the revoked sections into the fixed route passenger transport network management software of the Ministry of Transport so that other enterprises or cooperatives can register to operate the route according to the provisions of this Decree;"
d) Within thirty days from the date the decision to revoke becomes effective, the enterprise or cooperative whose operation rights have been revoked shall not be allowed to register for exploitation on the route with the revoked mark (asset). After thirty days from the date the decision to revoke becomes effective, if there is a need to continue participating in business on the route with the revoked mark (asset), the enterprise or cooperative must follow the procedures to register for route exploitation as stipulated in this Decree.

10. Amend and supplement point a, Clause 5, Article 22 as follows:

"a) The transport business unit sends one set of application documents for license plates to the Department of Transport where the business license was issued; in the case of a fixed-route passenger transport business unit requiring the use of shuttle vehicles, it submits one set of application documents for license plates marked "SHUTTLE VEHICLE" to the Department of Transport where the business license was issued or the Department of Transport at the terminal on the opposite end of the route. If the application documents require amendment or supplementation, the issuing authority shall notify the transport business unit directly or in writing, or through the online public service system, of the required amendments or supplements within one working day from the date of receipt of the application documents;"

11. Amend and supplement Clause 11 and point a, Clause 12, Article 22 as follows:

a) Amend and supplement Clause 11, Article 22 as follows:

"11. The Department of Transport
a) Issuing decisions and revoking license plates and signs issued by itself for transport business units that have had their license plates and signs revoked according to Clause 10 of this Article and Point d, Clause 7 of this Decree;
b) Within two days from the date of issuance of the decision, the Department of Transport must publish the decision to revoke on its official website;
c) When the issuing authority issues a decision to revoke, the transport business unit must return the license plates and signs to the issuing authority within ten days from the date of signing the decision, and simultaneously cease operations for the vehicles affected by the revocation.

In the event that the transport business unit returns the license plates and signs in accordance with the revocation decision, the Department of Transport will issue new or replacement license plates and signs after thirty days (sixty days for the second violation within six consecutive months) from the date the transport business unit returns the license plates and signs to the Department of Transport.

In the event that the transport business unit fails to return the license plates and signs within ten days from the date the issuing authority issues the revocation decision, the Department of Transport will issue new or replacement license plates and signs after forty-five days (ninety days for the second violation within six consecutive months) from the date the transport business unit returns all license plates and signs as required by the revocation decision;
d) Revoking license plates and signs when the transport business unit reports and returns the license plates and signs in cases where they no longer intend to use the means of transport for business purposes;
đ) After the transport business unit returns the license plates and signs, the Department of Transport removes information about the status of the vehicle from the journey monitoring data system;
e) Not processing applications for new or replacement license plates and signs for transport business units that violate regulations and have had their license plates and signs revoked but fail to comply with the revocation decision. After the transport business unit has fully complied with the revocation decision, the issuing authority will process the application according to the provisions of this Decree. In the event that the transport business unit requests new or replacement license plates and signs with the reason being loss after the revocation decision, the Department of Transport will not issue new or replacement license plates and signs within sixty days from the date of receipt of the business unit's document.

b) Amend and supplement point a, Clause 12, Article 22 as follows:

"a) The transport business unit must access the Department of Transport’s website to check information regarding the revocation of business licenses, license plates, and signs, and must return the license plates and signs to the Department of Transport upon revocation of the business license, license plates, and signs. In cases where the means of transport is no longer used for business purposes, within ten days from the cessation of operations, the transport business unit must submit a written report along with the license plates and signs to the Department of Transport where the license was issued (except in cases of loss);"

12. Amend and supplement Clause 2, Article 23 as follows:

"2. Establishing and publishing a list of rest stops on national highways; developing software for managing fixed-route passenger transport lines; guiding the organization, management, and criteria for setting up routes, pick-up and drop-off points for fixed-route services, and the format of the Transport Order; inspecting compliance with conditions for buses, drivers, and confirming entries in the Transport Order."

13. Amend and supplement Clause 4, Article 33 as follows:

"4. Establishing and publishing: A network map of intra-provincial and contiguous bus routes; pick-up and drop-off points serving passenger transport vehicles on the territory."

14. Amend the content of item number 5 of Appendix I as follows:

"5. Business registration certificate or enterprise registration number: ...; Tax code: ...(in the case of a transport business unit that is a Cooperative or Individual Business, a copy of the business registration certificate must be submitted)"

15. Repeal the following provisions:

a) The provisions at point d, Clause 3, Article 7, point d, Clause 3, Article 8, and point d, Clause 9, Article 22 of Government Decree No. 10/2020/NĐ-CP dated January 17, 2020, concerning business and conditions for operating road passenger transport by motor vehicles;

b) Content "4. Road passenger transport business license number: ..., issued by (issuing authority) ..., on ..., ..., ...," in Appendix III;

c) Content "4. Road passenger transport business license number ..., issued on ..., ..., ..., by ..., ..., ..." in Appendix V.

Article 3. Amending and supplementing some articles of Decree No. 119/2021/NĐ-CP dated November 24, 2021 of the Government on the procedures for issuing, reissuing, and revoking the Road Transport Permit across borders

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" at:

Article 6, Article 8, Article 11, Article 13, Article 17, Article 18, Article 19, Article 22, Article 28, Article 29, Article 31, Article 34, Article 35, Article 38, Article 39, Article 40; Model number 02 Appendix I; Model number 02 Appendix II; Model number 15 Appendix III; Model number 08, Model number 10, Model number 12, Model number 13, Model number 14, Model number 15 Appendix IV; Model number 03, Model number 11, Model number 13, Model number 14, Model number 15, Model number 16 Appendix V.

2. Amending and supplementing Clause 2, Article 3 as follows:

"2. Vehicles include: Passenger cars; cargo trucks; tractor units; semi-trailers and curtain-sided trailers towed by trucks; specialized vehicles operating on roads."

3. Amending and supplementing Clause 2 of Article 5 as follows:

"2. The intermodal transport permit is issued by the competent authority to vehicles for international road transport activities."
a) The intermodal transport permit issued to commercial vehicles allows multiple trips, each not exceeding 30 days, with a validity period of one year from the date of issuance, except for cases specified in points b, c, and d of this clause;
b) The intermodal transport permit between Vietnam and Laos issued to vehicles belonging to enterprises serving projects, business operations of enterprises on Lao territory allows multiple trips, each not exceeding 30 days, with a validity period of one year from the date of issuance;
c) The intermodal transport permit issued to commercial vehicles between Vietnam and Laos for contract passenger transport vehicles and tourist passenger transport vehicles allows multiple trips and is issued according to the duration of the trip or the travel time but does not exceed 30 days;
d) The intermodal transport permit issued to commercial vehicles between Vietnam and Cambodia has two types: Type 1 issued to vehicles for multiple trips, each not exceeding 30 days, with a maximum validity period of one year; Type 2 issued to vehicles for a single trip with a duration not exceeding 30 days;
đ) The intermodal transport permit issued to non-commercial vehicles between Vietnam and Laos or Vietnam-Laos-Cambodia allows multiple trips and is issued according to the duration of the trip but does not exceed 30 days;
e) The intermodal transport permit issued to official vehicles, vehicles of diplomatic agencies, and international organizations between Vietnam and Laos allows multiple trips and is issued according to the duration of the trip but does not exceed one year;
g) The intermodal transport permit issued to non-commercial vehicles between Vietnam and Cambodia (except fire trucks and ambulances exempted from permits under the Agreement on Road Transport between Vietnam and Cambodia) has two types: Type 1 issued to vehicles for multiple trips, each not exceeding 30 days, with a maximum validity period of one year; Type 2 issued to vehicles for a single trip with a duration not exceeding 30 days."

4. Amending and supplementing point d of Clause 4, Article 6 as follows:

"d) The result delivery shall be carried out at the office of the competent authority issuing the permit or through postal service as prescribed."

5. Amending and supplementing point d of Clause 4 and Clause 5, Article 8 as follows:

a) Amending and supplementing point d of Clause 4, Article 8 as follows:

"d) The result delivery shall be carried out at the office of the competent authority issuing the permit or through postal service as prescribed;"

b) Amending and supplementing Clause 5, Article 8 as follows:

"5. When the ASEAN Intermodal Transport Permit expires or still has validity but the confirmation stamp page of the management authorities at the border gate is exhausted, the transport unit shall prepare the application dossier for reissue in accordance with Clause 2 and Clause 4 of this Article; when the ASEAN Intermodal Transport Permit is damaged or lost, the transport unit shall prepare the application dossier for reissue in accordance with point a of Clause 2 and Clause 4 of this Article."

6. Amending and supplementing point d of Clause 1, Article 9 as follows:

"d) The Road Transport Business License or the ASEAN International Road Transport Permit or the vehicle emblem or signplate being revoked by the competent authority;"

7. Amending and supplementing point d of Clause 4, Article 11 as follows:

"d) The result delivery shall be carried out at the office of the competent authority issuing the permit or through postal service as prescribed."

8. Amending and supplementing point d of Clause 4 and Clause 5, Article 13 as follows:

a) Amending and supplementing point d of Clause 4, Article 13 as follows:

"d) The result delivery shall be carried out at the office of the competent authority issuing the permit or through postal service as prescribed;"

b) Amending and supplementing Clause 5, Article 13 as follows:

"5. When the GMS Intermodal Transport Permit or the TAD book expires or still has validity but the confirmation stamp page of the management authorities at the border gate is exhausted, the transport unit shall prepare the application dossier for reissue in accordance with Clause 2 and Clause 4 of this Article; when the GMS Intermodal Transport Permit or the TAD book is damaged or lost, the transport unit shall prepare the application dossier for reissue in accordance with point a of Clause 2 and Clause 4 of this Article."

9. Amending and supplementing point d of Clause 1, Article 14 as follows:

"d) The Road Transport Business License or the GMS International Road Transport Permit or the vehicle emblem or signplate being revoked by the competent authority;"

10. Amending and supplementing the name of Clause 5, point c of Clause 5, Clause 6, and Clause 7, Article 17 as follows:

a) Amending and supplementing the name of Clause 5, Article 17 as follows:

"5. Procedures and formalities for issuing the A, E type Road Transport Permits; B, C, F, G type Road Transport Permits for the first time in a year:"

b) Amending and supplementing point c of Clause 5, Article 17 as follows:

"c) The result delivery shall be carried out at the office of the competent authority issuing the permit or through postal service as prescribed;"

c) Amending and supplementing Clause 6, Article 17 as follows:

"6. Procedures and formalities for issuing the B, C, F, G type Road Transport Permits for the second time onwards in a year:
a) The driver or staff of the transport business unit that has been issued the B, C, F, G type Road Transport Permit for the first time in a year shall present the Vehicle Registration Certificate to the Department of Transportation of the provinces mentioned in Clause 4 of this Article;
b) Based on the list of transport vehicles that have been issued the B, C, F, G type Road Transport Permit for the first time in a year, the Department of Transportation of the provinces mentioned in Clause 4 of this Article shall issue the B, C, F, G type Road Transport Permit for the second time onwards in a year."

d) Amending and supplementing Clause 7, Article 17 as follows:

"7. In case the A, B, C, E, F, G type Road Transport Permit for Vietnamese vehicles is damaged or lost, the transport organization or unit shall prepare the application dossier for reissue of the permit in accordance with point a of Clause 2, Clause 3, Clause 5, and Clause 6 of this Article."

11. Amend and supplement Clause 3 and Point b, Point c Clause 4 Article 18 as follows:

a) Amend and supplement Clause 3 Article 18 as follows:

"3. Introducing authority: The Department of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh, and Lao Cai provinces shall introduce Vietnamese transport business units to the competent authorities on the Chinese side based on the transportation route and pairs of border gates within their jurisdiction."

b) Amend and supplement Point b Clause 4 Article 18 as follows:

"b) Within two working days from the date of receiving complete valid files as prescribed, the Department of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh, and Lao Cai provinces shall introduce transport business units to the competent authorities on the Chinese side. In case of non-introduction, notify in writing or through the online public service system and specify the reasons;"

c) Amend and supplement Point c Clause 4 Article 18 as follows:

"c) The result delivery shall be carried out at the office of the introducing authority or through postal service as prescribed."

12. Amend and supplement Clause 3, Point c Clause 4 Article 19 and add Clause 5 Article 19 as follows:

a) Amend and supplement Clause 3 Article 19 as follows:

"3. Competent authority for issuing permits: The Department of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh, and Lao Cai provinces shall issue Permit Type D to Chinese transport vehicles based on the transportation route and pairs of border gates within their jurisdiction."

b) Amend and supplement Point c Clause 4 Article 19 as follows:

"c) The result delivery shall be carried out at the office of the competent authority issuing the permit or through postal service as prescribed;"

c) Add Clause 5 Article 19 as follows:

"5. In case the Transport Permit Type D expires, the Chinese transport unit shall submit an application for reissuance of the Permit according to Clause 2 and Clause 4 of this Article; In case the Transport Permit Type D is damaged or lost, the Chinese transport unit shall submit an application for reissuance of the Permit according to Point a Clause 2 and Clause 4 of this Article."

13. Amend and supplement Point b Clause 1 Article 20 as follows:

"b) Transport business permit for motor vehicles or vehicle emblem or signplate seized by the competent authority;"

14. Amend and supplement Clause 3 and Point d Clause 4 Article 23 as follows:

a) Amend and supplement Clause 3 Article 23 as follows:

"3. Competent authority for issuing permits: The Department of Transport of provinces and centrally governed cities;"

b) Amend and supplement Point d Clause 4 Article 23 as follows:

"d) The result delivery shall be carried out at the office of the competent authority issuing the permit or through postal service as prescribed."

15. Amend and supplement Point b Clause 3, Point c Clause 5 and Clause 6 Article 25 as follows:

a) Amend and supplement Point b Clause 3 Article 25 as follows:

"b) A copy of the Vehicle Registration Certificate or a copy of the receipt for the Vehicle Registration Certificate issued by the registration authority or a copy from the original of the Vehicle Registration Certificate. In case the vehicle does not belong to the organization, an additional copy of the vehicle rental contract must be presented;"

b) Amend and supplement Point c Clause 5 Article 25 as follows:

"c) The result delivery shall be carried out at the office of the competent authority issuing the permit or through postal service as prescribed;"

c) Amend and supplement Clause 6 Article 25 as follows:

"6. When the Vietnam-Laos Combined Transport Permit expires or still has validity but runs out of pages stamped by management agencies at the border gate, organizations, individuals, and transport units shall submit an application for reissuance of the Permit according to Clause 2, Clause 3, and Clause 5 of this Article; In case the Vietnam-Laos Combined Transport Permit is damaged or lost, organizations, individuals, and transport units shall submit an application for reissuance of the Permit according to Point a Clause 2, Point a Clause 3, and Clause 5 of this Article."

16. Amend and supplement Point b Clause 1 Article 26 as follows:

"b) Transport business permit for motor vehicles or International Road Transport Permit between Vietnam and Laos or vehicle emblem or signplate seized by the competent authority;"

17. Amend and supplement Clause 8 Article 31 as follows:

"8. When the Vietnam-Cambodia Combined Transport Permit expires or still has validity but runs out of pages stamped by management agencies at the border gate, organizations, individuals, and transport units shall submit an application for reissuance of the Permit according to Clause 2, Clause 3, and Clause 7 of this Article; In case the Vietnam-Cambodia Combined Transport Permit is damaged or lost, organizations, individuals, and transport units shall submit an application for reissuance of the Permit according to Point a Clause 2, Point a Clause 3, and Clause 7 of this Article."

18. Amend and supplement Point d Clause 1 Article 32 as follows:

"d) Transport business permit for motor vehicles or International Road Transport Permit between Vietnam and Cambodia or vehicle emblem or signplate seized by the competent authority;"

19. Amend and supplement Point c Clause 7 and Clause 8 Article 35 as follows:

a) Amend and supplement Point c Clause 7 Article 35 as follows:

"c) The result delivery shall be carried out at the office of the competent authority issuing the permit or through postal service as prescribed;"

b) Amend and supplement Clause 8 Article 35 as follows:

"8. When the Vietnam-Laos-Cambodia Combined Transport Permit expires or still has validity but runs out of pages stamped by management agencies at the border gate, organizations, individuals, and transport units shall submit an application for reissuance of the Permit according to Clause 2, Clause 3, and Clause 7 of this Article; In case the Vietnam-Laos-Cambodia Combined Transport Permit is damaged or lost, organizations, individuals, and transport units shall submit an application for reissuance of the Permit according to Point a Clause 2, Point a Clause 3, and Clause 7 of this Article."

20. Amend and supplement Point đ Clause 1 Article 36 as follows:

"đ) Transport business permit for motor vehicles or International Road Transport Permit between Vietnam and Laos or International Road Transport Permit between Vietnam and Cambodia or vehicle emblem or signplate seized by the competent authority."

21. Add Article 41a to Decree No. 119/2021/NĐ-CP as follows:

"Article 41a. Vietnam Highway Administration

1. Manage and organize the printing of National Identification Mark and various types of permits issued by the Vietnam Highway Administration according to the models prescribed in Appendices I, II, III, V, and VI of this Decree."

22. Add Article 41b to Decree No. 119/2021/NĐ-CP as follows:

"Article 41b. Department of Transportation
1. Managing and organizing the printing of National Distinctive Marks and various types of permits issued by the Department of Transportation according to the models prescribed in Appendices III, IV, V, and VI of this Decree.
2. The Departments of Transportation in the provinces of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau shall implement the exchange and acceptance of transportation permits with China.

23. Replacing the Appendices in Decree No. 119/2021/NĐ-CP as follows: Model No. 04 Appendix I; Model No. 03, Model No. 04, Model No. 05, Model No. 06, Model No. 07, Model No. 08, Model No. 09, Model No. 10, Model No. 11 Appendix III; Model No. 03 Appendix IV; the intermodal transport permit between Vietnam, Laos, and Cambodia at Model No. 04, Model No. 08, Model No. 10, Model No. 11, Model No. 12, Model No. 13 Appendix VI with Appendices VII, VIII, IX, X attached to this Decree.

24. Amending the content of item number 4 of: Model No. 01 Appendix I; Model No. 01 Appendix II, Model No. 01, Model No. 13 Appendix III; Model No. 01 Appendix IV; Model No. 01 Appendix V as follows:

"4. Business operation permit for road transport by motor vehicles No.: …date of issue: …".

25. Amending the content of item number 4 of Model No. 03 Appendix I as follows:

"4. International road transport permit of ASEAN No.:... date of issue: …".

26. Amending the content of item number 2 of item number 4 of Model No. 05 Appendix I as follows:

"- ASEAN Cross-border Transport Permit number (ASEAN Vehicle Cross-border Transport Permit number) …date (the date of) …(dd/mm/yyyy)".

27. Amending the content of item number 4 of Model No. 03 Appendix II as follows:

"4. International road transport permit of GMS No.: ... date of issue: …".

28. Amending the content of item number 2 of item number 4 of Model No. 06 Appendix II as follows:

"- GMS Cross-border Transport Permit number (GMS Road Transport Permit number) …date (on the date of) …(dd/mm/yyyy)".

29. Amending the content of item number 5 of Model No. 12 Appendix III as follows:

"5. Transport permit class (Transport permit class…): …date (the date of) …".

30. Amending the content of item number 4 of Model No. 04 Appendix IV, item number 4 of Model No. 08 Appendix IV, item number 4 of Model No. 14 Appendix IV as follows:

"4. International road transport permit between Vietnam and Laos No.: …date of issue: …".

31. Amending the content of item number 4 of Model No. 07 Appendix IV as follows:

"4. Cross-border transport permit between Vietnam and Laos No. (Laos - Viet Nam vehicle cross-border transport permit No.): …date (the date of) …".

32. Amending the content of item number 4 of Model No. 04, Model No. 09, Model No. 13, Model No. 15 Appendix V as follows:

"4. International road transport permit between Vietnam and Cambodia No.: …date of issue: …".

33. Amending the content of item number 4 of Model No. 05 Appendix V as follows:

"4. International road transport permit between Vietnam and Cambodia (for transport business units) No.: …date of issue: …".

34. Amending the content of item number 5 of Model No. 08 Appendix V as follows:

"5. Cross-border transport permit between Vietnam and Cambodia No. (Cambodia - Viet Nam vehicle cross-border transport permit No.): …date (the date of) …".

35. Amending the content of item number 4 of Model No. 01 Appendix VI as follows:

"4. International road transport permit between Vietnam and Laos or/and International road transport permit between Vietnam and Cambodia No.: …date of issue: …".

36. Amending the content of item number 4 of Model No. 02 Appendix VI as follows:

"4. International road transport permit between Vietnam and Laos or/and International road transport permit between Vietnam and Cambodia (for transport business units) No.: …date of issue: …".

37. Amending the content of item number 4 of Model No. 05 Appendix VI as follows:

"4. Cross-border transport permit between Vietnam, Laos, and Cambodia No. (Laos - Cambodia - Viet Nam vehicle cross-border transport permit No.): …date (the date of) …".

38. Abolishing point a clause 4 Article 25, point b clause 4 Article 31, point b clause 4 Article 35.

39. Removing the phrase "Department of Transportation - Construction" in clause 2 Article 10; clause 2 Article 15; point b clause 4 Article 17; clause 2 Article 21; point b clause 3 Article 22; point b clause 4 Article 25; clause 2 Article 27; clause 2 Article 33; clause 5, Article 35; clause 2 Article 37; clause 3 Article 38.

40. Removing the phrase "Department of Transportation - Construction" in Model No. 15 Appendix III.

Article 4. Transitional Provisions

4. Type D transport permit 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 takes effect from June 1, 2024.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, and related organizations and individuals are responsible for implementing this Decree./.