DECREE

Amending and supplementing certain articles of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business operations and conditions for business operations involving road passenger transport using motor vehicles

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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 Investment Law dated November 26, 2014; the Law amending and supplementing Article 6 and Appendix 4 on the List of Industries and Business Lines Subject to Conditions under the Investment Law dated November 26, 2016;

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business operations and conditions for business operations involving road passenger transport using motor vehicles.

Article 1. Amending and supplementing certain articles of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business operations and conditions for business operations involving road passenger transport using motor vehicles, as follows:

1. Supplementing Point d Clause 3 Article 11 as follows:

"d) A passenger transport business unit, driver, and attendant on board the vehicle (if any) when receiving consigned goods on a motor vehicle (the consignor does not travel with the vehicle) must request the consignor to provide complete and accurate information about: Name of goods, weight (if applicable), full name, address, identification card number/citizen identity card number, contact phone number of the consignor and the recipient."

2. Amending and supplementing Point b Clause 3 Article 12 as follows:

"b) Information from the vehicle's onboard monitoring device used in state management of transportation activities, management of passenger transport business units, and shared with the Ministry of Public Security (Traffic Police Corps), the Ministry of Finance (General Department of Taxation, General Department of Customs) for state management of traffic order and safety; public security; taxation; and anti-smuggling."

3. Amending Point d Clause 1 Article 13 as follows:

"d) A taxi must have a seating capacity below nine seats (including the driver) and a service life not exceeding twelve years (counted from the year of manufacture)."

4. Supplementing Clause 3 Article 13 as follows:

"3. It is prohibited to use motor vehicles converted from those with a seating capacity of ten seats or more into motor vehicles with fewer than ten seats (including the driver) for passenger transport business operations. It is also prohibited to use motor vehicles resembling those with a seating capacity of nine seats or more (including the driver) for passenger transport business operations using taxis."

5. Amending and supplementing the title of Clause 5 Article 18 as follows:

"5. In case of reissuing a Business License due to revocation, the application dossier for reissuing the Business License:"

6. Amending and supplementing Point b Clause 5 Article 18 as follows:

"b) Documentation proving the rectification of violations stipulated in Points a and d Clause 6 Article 19 of this Decree."

7. Amending and supplementing Point d Clause 7 Article 19 as follows:

"d) When the authority issuing the Business License issues a decision to revoke the Business License, the passenger transport business unit must return the Business License and license plate within seven days from the date the decision takes effect, and immediately cease all passenger transport business activities upon the decision taking effect;"

8. Amending and supplementing Clause 7 Article 22 as follows:

"7. A license plate can be reissued after being revoked. After the period of revocation has expired, if there is a need to continue using the vehicle for passenger transport business operations, the passenger transport business unit must follow the procedures to obtain a new license plate according to the regulations. The dossier, procedure, and authority for reissuing the license plate shall be carried out in accordance with Clauses 4 and 5 of this Article."

9. Amending and supplementing Clause 8 Article 22 as follows:

"8. The dossier, procedure, and authority for issuing and reissuing license plates for tourist passenger transport vehicles shall be implemented in accordance with the provisions of the Decree detailing certain provisions of the Tourism Law."

10. Amending and supplementing Point a Clause 9 Article 22 as follows:

"a) Issuing license plates and signs in accordance with the provisions of this Article and organizing the affixing of license plates and signs onto motor vehicles;"

11. Amending and supplementing Clause 9 Article 23 as follows:

"9. Connecting and sharing data on the management of passenger transport business operations using motor vehicles and data from vehicle onboard monitoring devices with the Ministry of Public Security (Traffic Police Corps), the Ministry of Finance (General Department of Taxation, General Department of Customs) for coordinated management."

12. Supplementing Clause 8 Article 34 as follows:

"8. As of July 1, 2023, passenger transport business units using motor vehicles subject to the installation of cameras as stipulated in this Decree, when engaging in passenger transport business operations for the first time, must install an onboard monitoring device equipped with a camera to obtain a license plate. The onboard monitoring device equipped with a camera must comply with all the provisions of this Decree."

Article 2. Implementation clause

1. This Decree takes effect from September 1, 2022.

2. Abolishing Clause 8 and Clause 9 Article 19 of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business operations and conditions for business operations involving road passenger transport using motor vehicles.

3. Motor vehicles converted from those with a seating capacity of ten seats or more into motor vehicles with fewer than ten seats (including the driver) that were issued license plates before the effective date of this Decree may continue to be used for passenger transport business operations until the end of their service life as stipulated in this Decree.

4. Ministers, Heads of ministerial-level agencies, Heads of central government agencies, Chairpersons of provincial People's Committees, and relevant organizations and individuals are responsible for implementing this Decree./.