Circular No. 55/2013/TT-BGTVT stipulates responsibilities and handling of violations in organizing and managing automobile road freight transport business and supporting services.

CIRCULAR

Regulations on responsibilities and handling of violations in organizing and managing automobile transportation business and supporting road transport services.

conducting automobile transportation business and supporting road transport services.|||

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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 the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Based on the Labor Code dated June 18, 2012;

Pursuant to Decree No. 91/2009/ND-CP dated October 21, 2009 of the Government on business operations and conditions for automobile transportation business; Decree No. 93/2012/ND-CP dated November 8, 2012 of the Government amending and supplementing certain articles of Decree No. 91/2009/ND-CP dated October 21, 2009 of the Government on business operations and conditions for automobile transportation business;

Pursuant to Decree No. 34/2011/ND-CP dated May 17, 2011 of the Government on disciplinary measures against civil servants;

Pursuant to Decree No. 27/2012/ND-CP dated April 6, 2012 of the Government on disciplinary measures against public officials and the responsibility for compensation and repayment of public officials;

Pursuant to Decree No. 157/2007/ND-CP dated October 27, 2007 of the Government on the system of responsibilities for heads of state agencies, organizations, and units in performing their duties and official tasks;

Pursuant to Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor discipline and material responsibility and Decree No. 33/2003/ND-CP dated February 4, 2003 of the Government amending and supplementing certain articles of Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor discipline and material responsibility;

Pursuant to Decree No. 171/2013/NĐ-CP dated November 13, 2013 of the Government on administrative penalties for violations in the field of road traffic and railway traffic;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the request of the Director of the Transport Department and the Director General of the Vietnam Highway Administration,

The Minister of Transport issues this Circular regulating responsibilities and handling of violations in organizing and managing automobile transportation business and supporting road transport services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates responsibilities and handling of violations in organizing and managing automobile transportation business and supporting road transport services.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to automobile transportation business and supporting road transport services including:

1. Vietnam Highway Administration.

2. Departments of Transport of provinces and centrally governed cities.

3. Units engaged in road transportation business using motor vehicles.

4. Units engaged in passenger terminal, cargo terminal, and rest stop operations.

5. Other relevant organizations and individuals.

Chapter II

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Section 1

1. To perform the functions, tasks, and powers of the specialized civil aviation administration agency and the Civil Aviation Authority according to the laws on air cargo transportation.

Article 3. Vietnam Highway Administration

1. Drafts, submits to competent authorities for issuance, and organizes the implementation of plans to develop regulatory documents, standards, and guidelines related to organizing and managing automobile transportation business and supporting road transport services.

2. Organizes the implementation, dissemination, training, and guidance to provincial Departments of Transport regarding the execution of regulatory documents, standards, guidelines, and directives issued by the Ministry of Transport concerning organizing and managing automobile transportation business and supporting road transport services.

3. Conducts statistical work, builds, manages databases, and provides information on automobile transportation business and supporting road transport services; manages and exploits data from vehicle tracking devices according to regulations.

4. Organizes the drafting and submission to the Ministry of Transport for approval and adjustment of the network planning for fixed-route inter-provincial passenger transport services; the system of rest stops on national highway networks ensuring quality and timely progress; manages the implementation of the plan within its authority; coordinates with provincial Departments of Transport to determine locations and implement investment, construction, and operation of fixed-route inter-provincial passenger pick-up and drop-off points on managed national highways.

5. Publicly announces procedures for administrative procedures related to the processing of applications and issuance of permits for automobile transportation business and supporting road transport services according to the level of authority; issues documents assigning specific responsibilities and powers to each department, staff, civil servants, and public officials directly involved in administrative procedures; ensures necessary conditions for the acceptance and processing of applications and the implementation of administrative procedures according to regulations.

6. Develops and implements plans for inspection, supervision, and handling of violations related to road transport activities according to its authority.

7. Implements reporting systems as prescribed.

Article 4. Department of Transport

1. Draft and submit to the People's Committee of the province or centrally governed city for promulgation of regulatory legal documents within its authority.

2. Organize implementation, dissemination, training, and guidance on the full and timely execution of regulatory legal documents, standards, technical regulations, and directives and administrative guidance from the Ministry of Transport and the People's Committee of the province or centrally governed city regarding the organization and management of road passenger transport services and support services using motor vehicles within its jurisdiction.

3. Carry out statistical work, build, manage databases, and provide information on road transport; manage and utilize data from vehicle journey monitoring devices according to regulations.

4. Organize the establishment and submission to the People's Committee of the province or centrally governed city for approval and adjustment of the network planning of fixed-route intercity passenger transport lines, bus stations, freight stations, rest stops on provincial roads, bus passenger transport lines, and taxi passenger transport lines within its jurisdiction; manage the implementation of the plan according to its authority; take the lead and coordinate with the Vietnam Highway Administration to determine and submit to the People's Committee of the province or centrally governed city for approval the locations of pick-up and drop-off points for fixed-route inter-provincial passenger transport lines under its management, implement investment, construction, and management according to its authority.

5. Publicly post the procedures for administrative tasks related to the processing of applications and issuance of permits for road passenger transport services and support services using motor vehicles according to the classification; issue documents assigning tasks, specifying responsibilities and authorities for each department, staff member, and civil servant directly involved in administrative tasks; ensure necessary conditions to serve the handling of applications and issuance of permits.

6. Develop plans and organize the implementation of inspections, checks, and handling of violations of regulations concerning road passenger transport services and support services using motor vehicles according to its authority.

7. Implements reporting systems as prescribed.

Article 5. Fixed-route passenger transport business units, bus units

1. Publicly post the quality of service and fully implement the registered service quality contents according to regulations.

2. Maintain the required number of vehicles, drivers, and onboard service personnel according to the business operation plan registered by the unit.

3. Follow the approved route operation plan as agreed upon by the line management authority.

4. Operate at least 70% of the scheduled trips on fixed-route passenger transport lines according to the approved timetable.

5. Properly record, manage, and use the Transport Order and Vehicle Operation Emblem as required.

6. Properly follow the regulations on picking up and dropping off passengers.

7. Manage the technical safety and environmental protection conditions of transportation vehicles ensuring the following contents:

a) Establish and implement maintenance and repair plans for the unit's vehicles;

b) Specify and fully implement daily technical inspection and safety vehicle regimes;

c) Maintain records and update information related to the maintenance and repair process of each vehicle under the unit's management.

8. Manage drivers and onboard service personnel ensuring the following contents:

a) Enter into labor contracts with drivers and onboard service personnel and pay social insurance for drivers and onboard service personnel as required;

b) Organize training, guide transport operations, traffic safety, and promote the enhancement of drivers' and onboard service personnel's professional responsibility and ethics;

c) Allocate sufficient numbers of drivers and onboard service personnel suitable to the approved line exploitation plan; ensure drivers' working hours according to the Road Traffic Law;

d) Implement regular health check-ups for drivers and onboard service personnel as required.

9. Organize and maintain the operation of a management department to monitor traffic safety conditions to fully perform assigned tasks according to regulations.

10. Properly follow the regulations on installation, management, and utilization of information from vehicle journey monitoring devices ensuring the following contents:

a) Install and maintain the technical condition to ensure continuous, complete, and accurate transmission of mandatory data from vehicle journey monitoring devices according to regulations;

b) Timely and accurately provide login names and passwords to access the software for monitoring and tracking mandatory information from vehicle journey monitoring devices to competent state agencies;

c) Systematically store mandatory information from vehicle journey monitoring devices for a minimum period of one year.

11. Properly follow the regulations on issuing tickets, collecting fares, and transport fees for passengers.

12. Monitor, detect, and promptly handle violations by drivers and onboard service personnel through data from vehicle journey monitoring devices and other information channels.

13. Implement reporting, statistical, and storage systems according to regulations.

Article 6. Passenger taxi transportation business units

1. Implement the provisions set out in Clauses 1, 2, 5, 7, 8, 9, and Clause 13 of Article 5 of this Circular.

2. Properly install and maintain the operational status of the fare meter.

Article 7. Passenger transportation business units operating under contracts and tourist passenger transportation

1. Implement the provisions set out in Clauses 2, 5, 6, 7, 8, 10, 11, 12, and Clause 13 of Article 5 of this Circular.

2. Shall not sell tickets or confirm reservations for passengers traveling by any means.

Article 8. Bus station, freight station, and rest stop business units

1. Ensure security, public order, traffic safety, fire prevention, and environmental sanitation at bus stations and rest stops.

2. Post required information according to regulations.

3. Enter into contracts with transportation units in accordance with regulations before organizing transportation business activities at bus stations.

4. Properly implement the procedures for vehicles entering and exiting bus stations as prescribed.

5. Implement reporting, statistical, and record-keeping systems as prescribed.

Article 9. Persons loading goods onto motor vehicles

1. Organize the implementation of regulations on loading goods onto motor vehicles.

2. Confirm the loading of goods onto the means of transport on the Transport Document.

Article 10. Freight transportation business units

1. Arrange appropriate means of transport suitable for the type of goods to be transported and the size limitations of bridges, tunnels, and roads along the entire route.

2. Fulfill the responsibilities of a transporter regarding the loading of goods onto motor vehicles as prescribed.

3. Be responsible for all violations concerning weight limits, size limitations, and rules for loading goods onto motor vehicles.

4. Issue a Transport Document to drivers before executing the transportation contract.

5. Compensate drivers, escorts, and loaders as prescribed.

6. Implement reporting, statistical, and record-keeping systems as prescribed.

7. In addition to implementing the provisions set out in Clauses 1, 2, 3, 4, 5, and Clause 6 of this Article, container transportation business units must also implement the provisions set out in Clauses 2, 5, 7, 8, 9, 10, 11, 12, and Clause 13 of Article 5 of this Circular.

Section 2

RESPONSIBILITIES OF INDIVIDUALS

Article 11. Director of the Vietnam Road Administration General Department

1. Bear responsibility before the Minister of Transport and before the law for organizing the implementation of management work for automobile transportation business operations and road transport support services nationwide.

2. Organize inspections, examinations, and take measures to promptly prevent and handle violations by agencies, organizations, and individuals in managing automobile transportation business operations and road transport support services nationwide.

3. Organize accountability reviews and handle violations according to regulations against units and individuals within the Vietnam Road Administration General Department when they fail to fulfill, fully and timely fulfill assigned responsibilities in managing automobile transportation business operations and road transport support services.

Article 12. Director of the Department of Transport

1. Bear responsibility before the Chairman of the People's Committee of the province, centrally governed city, the Minister of Transport, and before the law for organizing the implementation of management work for automobile transportation business operations and road transport support services at the local level as prescribed.

2. Organize inspections, examinations, and take measures to promptly prevent and handle violations by agencies, organizations, and individuals in managing automobile transportation business operations and road transport support services within their jurisdiction.

3. Organize accountability reviews and handle violations according to regulations against units and individuals within the Department of Transport when they fail to fulfill, fully and timely fulfill assigned responsibilities in managing automobile transportation business operations and road transport support services.

Article 13. Officials and specialists assigned tasks to manage road transport

1. Shall be responsible before their direct superiors, their agencies, and the law for performing the assigned tasks.

2. Perform duties, powers, and tasks assigned; comply with administrative procedures related to the management of commercial road transport activities using motor vehicles and supporting road transport services.

3. Ensure transparency, honesty, and objectivity; shall not engage in corruption or bureaucratic practices; shall not cause difficulties or harassment to organizations or individuals when performing their tasks.

4. Exhibit appropriate conduct and behavior when performing their duties.

Article 14. Legal representatives of entities engaged in transport business, cargo handling units

1. Organize transport operations in accordance with regulations.

2. Shall be responsible before superior supervisory agencies (if any) and before the law for all activities of the unit.

Article 15. Officials and staff assigned tasks to manage service quality and traffic safety of transport businesses

1. Implement the unit's service quality management processes and traffic safety.

2. Comply with labor contracts, internal rules, and regulations of the unit.

3. Regularly update laws and regulations on managing service quality and ensuring traffic safety in road transport.

4. Promptly identify and propose to unit leaders measures to address deficiencies in implementing regulations on managing service quality and traffic safety in transport.

Article 16. Drivers, staff serving on vehicles, cargo handlers

1. Continuously improve responsibility, professional ethics, traffic culture, and interpersonal conduct.

2. Adhere to laws and regulations on managing service quality and ensuring traffic safety in road transport.

3. Comply with labor contracts, internal rules, and regulations of the unit.

Article 17. Legal representatives of entities engaged in passenger bus terminals, freight terminals, rest stops

1. Manage and operate passenger bus terminals, freight terminals, and rest stops in accordance with regulations.

2. Shall be responsible before superior supervisory agencies (if any) and before the law for all activities of the unit.

Article 18. Officials and staff of entities engaged in passenger bus terminals, freight terminals, rest stops

1. Comply with regulations on environmental sanitation, safety within terminals and rest stops, and implement regulations on vehicle entry and exit procedures according to assigned tasks.

2. Comply with labor contracts, internal rules, and regulations of the unit.

3. Enhance sense of responsibility, discipline; perform assigned functions and tasks well.

Chapter III

HANDLING VIOLATIONS

Article 19. Principles for handling violations by organizations

1. Organizations and individuals violating regulations on organizational responsibilities and management of commercial road transport activities using motor vehicles and supporting road transport services, upon first discovery, shall be reminded, corrected, and required to rectify; if not corrected as required or repeat offenses, they will be handled according to Articles 20 and 21 of this Circular.

2. Agencies or persons authorized to remind, correct, and require rectification of violations by organizations and individuals must do so in writing, clearly stating the violation and the deadline for rectification.

3. The forms of handling violations stipulated in this Circular do not replace administrative penalty forms prescribed in Decree No. 171/2013/NĐ-CP dated November 13, 2013 of the Government on penalties for administrative violations in the field of road traffic and railway traffic and other relevant laws.

Article 20. Handling violations by transport businesses

1. Suspend operation of routes and revoke approval documents for route operation for one month for enterprises and cooperatives engaged in fixed-route passenger transport that violate any of the following cases:

a) Violating provisions of Clause 1 or Clause 3 of Article 5 of this Circular;

b) Violating provisions of any point under Clause 10 or Clause 13 of Article 5 of this Circular;

c) Organizing seat reservations and ticket sales in contractual passenger transport operations and tourist transportation.

2. Suspend operation of routes and revoke approval documents for route operation from one to three months for enterprises and cooperatives engaged in fixed-route passenger transport that violate any of the following cases:

a) Operating less than 70% of scheduled trips in one month;

b) Not providing or providing incorrect mandatory information from vehicle tracking devices operating on the route;

c) In twelve consecutive months of route operation, the number of vehicles on the route having license plates revoked for one month exceeds 30%, or the number of vehicles on the route having license plates revoked for six months exceeds 15%;

d) When extracting data from vehicle tracking devices of all vehicles operating on the route over three consecutive months shows: more than 5% of trips have drivers violating routes; or more than 20% of trips have drivers violating speed limits or picking up/dropping off passengers at unauthorized locations; or more than 10% of trips have drivers violating driving time regulations;

3. Revoke license plates and signs for six months for motor vehicles engaged in fixed-route transport, contractual passenger transport, tourist transportation, containerized cargo transport of transport businesses that violate provisions of Clause 5 of Article 5 of this Circular by using license plates and signs improperly or intentionally altering information recorded on issued license plates and signs;

4. Revoke license plates and signs for one month for vehicles in the following cases:

a) Revoke license plates and signs for one month for motor vehicles engaged in contractual passenger transport and tourist transportation that operate without transport contracts or travel agency programs and passenger lists as required; sell tickets or confirm reservations for passengers in any form or pick up additional passengers outside the list;

b) Motor vehicles transporting goods in containers that violate any provision of Clause 7 of Article 10 of this Circular (except in cases of intentionally altering information recorded on issued license plates and signs);

c) Taxis that violate provisions of Clause 2 of Article 6 of this Circular or lack roof-mounted fare meters as required or engage in fare fraud;

d) Motor vehicles engaged in fixed-route passenger transport, taxis, buses that do not publicly display service quality or fail to implement three or more items in service quality commitments.

d) Passenger-carrying motor vehicles operating under contracts, tourist passenger-carrying vehicles, container cargo-carrying vehicles violating the provisions of Clause 10 or Clause 13, Article 5 of this Circular, or failing to provide or providing inaccurate mandatory information from the vehicle's journey monitoring device to the competent authority;

e) Fixed-route passenger-carrying motor vehicles violating the provisions of Clause 5, Article 5 of this Circular when not having a Transport Order; or failing to record or inaccurately recording the contents in the Transport Order;

g) Tourist passenger-carrying motor vehicles, passenger-carrying motor vehicles operating under contracts, container cargo-carrying motor vehicles, when data extracted from the vehicle's journey monitoring device shows that in one month, 5% or more of the total number of trips made by the unit during the same period violate the route; or 20% or more of the total number of trips made by the unit violate the speed regulations; or 10% or more of the total number of trips made by the unit have drivers violating the driving time regulations;

h) Container cargo-carrying motor vehicles, when data extracted from the vehicle's journey monitoring device in one month shows that 20% or more of the number of trips made on the route by the driver violate the speed regulations; or 10% or more of the number of trips made on the route by the driver violate the driving time regulations;

Article 21. Handling of Violations by Bus Terminal, Cargo Terminal, and Rest Stop Operators

1. A bus terminal, cargo terminal, or rest stop operator shall be warned in writing and must rectify the violation within a maximum period of three months if they violate any of the clauses of Article 8 of this Circular.

2. If a bus terminal, cargo terminal, or rest stop operator fails to rectify the violation as prescribed in Clause 1 of this Article within the stipulated time, the competent authority shall reclassify the bus terminal or rest stop to a lower category by at least one level, and shall not permit the opening of new fixed-route passenger transport lines with either the starting point or endpoint at that terminal for a period of twelve months.

Article 22. Handling of Violations by Cargo Loaders onto Motor Vehicles

1. A cargo loader onto motor vehicles shall be warned in writing and must rectify the violation within a maximum period of three months if they violate any of the clauses of Article 9 of this Circular.

2. If a cargo loader onto motor vehicles fails to rectify the violation as prescribed in Clause 1 of this Article within the stipulated time, they shall be recommended to the competent authority to suspend their business operations, and simultaneously, their business registration certificate related to cargo loading activities (if applicable) shall be recommended to be revoked by the competent authority for a period of six to twelve months to rectify the violation.

Article 23. Handling of Violations by Drivers, Onboard Service Personnel, and Staff of Bus Terminals

Depending on the nature and degree of violation, drivers, onboard service personnel, and staff of bus terminals shall be handled as follows:

1. Administrative penalties shall be imposed according to the provisions of Decree No. 171/2013/ND-CP dated November 13, 2013 of the Government on administrative penalties for violations in road traffic and railway traffic.

2. Handling shall be carried out according to the regulations, rules, and internal regulations of the unit; Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding the implementation of certain articles of the Labor Code on labor discipline and material responsibility; and Decree No. 33/2003/NĐ-CP dated February 4, 2003 of the Government amending and supplementing certain articles of Decree No. 41/CP.

Article 24. Handling of Violations against State Administrative Management Staff

Depending on the subject and the level of violation, state administrative management staff involved in managing road transport activities using motor vehicles and supporting road transport services shall be handled according to the provisions set forth in Decree No. 34/2011/NĐ-CP dated May 17, 2011 of the Government on disciplinary measures for civil servants; Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding the implementation of certain articles of the Labor Code regarding labor discipline and material responsibility; Decree No. 33/2003/NĐ-CP dated February 4, 2003 of the Government amending and supplementing certain articles of Decree No. 41/CP; and Decree No. 27/2012/NĐ-CP dated April 6, 2012 of the Government on disciplinary measures for public officials and their obligation to compensate and make restitution.

Article 25. Authority to Handle Violations

1. The Minister of Transport decides on the handling of violations against the Director General, Deputy Director General of the Vietnam Highway Administration and other subjects within their competence.

2. The Chairman of the People's Committee of the province or centrally governed city decides on handling violations committed by the Director, Deputy Director of the Department of Transport and other subjects within his authority.

3. The Director General of the Vietnam Highway Administration:

a) Decides on the handling of violations against the Heads of units responsible for managing road transport under the Vietnam Highway Administration and other staff under its management;

b) Suspend operations and revoke approval for international road transport routes, through-transport permits, and route signs issued by himself;

c) Recommends competent authorities to handle violations by organizations and individuals according to regulations.

4. The Director of the Department of Transport:

a) Decide on handling violations committed by the Heads and Deputy Heads of the Road Transport Management Departments of the Department of Transport and other staff under the management of the Department;

b) Suspend operations and revoke approval for transport routes, revoke route signs and vehicle identification plates issued by himself;

c) Recommends the Vietnam Highway Administration and competent authorities to handle violations by agencies, organizations and individuals according to regulations.

5. The Head of Inspection Teams or persons with authority must promptly report in writing about violations by organizations and individuals to competent authorities for handling according to legal provisions.

Chapter IV

IMPLEMENTING PROVISIONS

Article 26. Effective date

1. This Circular takes effect from March 1, 2014.

2. Articles 19 and 20 of this Circular replace Clause 2 of Article 19 and Clause 2 of Article 48 of Circular No. 18/2013/TT-BGTVT dated August 6, 2013 of the Ministry of Transport on organizational structure and management of road transport business using motor vehicles and supporting road transport services from the date this Circular takes effect.

3. Repeal Decision No. 3633/QĐ-BGTVT dated December 2, 2003 of the Minister of Transport promulgating regulations on responsibilities and forms of handling organizations and individuals who violate in the management, operation, and road passenger transport business using motor vehicles.

Article 27. Implementation Organization

The Head of the Ministry’s Office, the Head of the Ministry’s Inspectorate, the Heads of Departments, the Directors of the Vietnam Highway Administration, the Directors of the Department of Transport, the Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.