Circular No. 63/2014/TT-BGTVT on the organization and management of road passenger transport operations and related support services using motor vehicles

CIRCULAR

Provisions on the organization and management of road passenger transport and cargo transport activities using motor vehicles and supporting road transport services

Provisions on the organization and management of road passenger transport and cargo transport activities using motor vehicles 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;

Based on Decree No. 86/2014/ND-CP dated September 10, 2014 of the Government on business operations and conditions for road passenger transport by road vehicles;

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 shall issue a Circular to provide for the organization and management of road passenger transport and cargo transport activities using motor vehicles and supporting road transport services.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for the organization and management of road passenger transport and cargo transport activities using motor vehicles and supporting road transport services.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to road passenger transport and cargo transport activities using motor vehicles and supporting road transport services.

Article 3. Explanation of Terms

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

1. The route of the vehicle is determined by the starting point, destination, road routes, pick-up and drop-off points for passengers, and rest stops (if any) that the vehicle passes through.

2. The schedule of the vehicle's operation is a compilation of corresponding time points for each position of the vehicle along its route.

3. The diagram of the vehicle's operation is a compilation of the route and schedule of the vehicle's operation for trips within a specific period of time.

4. The departure schedule from the bus station is a compilation of departure times of trips within a specific period at a bus station.

5. The pick-up and drop-off point for passengers is a road construction on the route of the vehicle dedicated for passenger-carrying buses to stop for passengers to board and disembark.

6. The bus stop is a road construction designed and announced for buses to stop for picking up and dropping off passengers.

7. The parking lot is a construction belonging to the road traffic infrastructure used for parking road traffic vehicles.

8. Vehicle parking service is a supporting road transport service where organizations and individuals carry out the service of parking and collecting fees for such service.

9. Transport agency is a supporting road transport service where organizations and individuals are authorized by transport business units to perform one or more stages of the transport process (excluding the transportation stage).

10. Operational days of the vehicle are the number of days the vehicle has technical conditions sufficient to participate in traffic.

11. Operating days of the vehicle are the number of days the vehicle participates in transportation regardless of whether it runs many or few days.

Chapter II

ROAD PASSENGER TRANSPORT BY MOTOR VEHICLES

Section 1

GENERAL REQUIREMENTS

Article 4. Provisions for transport business units

1. Possess a Business License for Motor Vehicle Passenger Transport for those types of business requiring a license. The application for issuance of a Business License for Motor Vehicle Passenger Transport according to the form prescribed in Appendix 1 of this Circular, the Business License for Motor Vehicle Passenger Transport according to the form prescribed in Appendix 2 of this Circular.

2. Have and implement the registered business plan for motor vehicle passenger transport according to the form prescribed in Appendix 3 of this Circular.

3. Management of motor vehicles engaged in transport business

a) Ensure a minimum number of operational days equal to 110% of the operating days according to the business plan (only applicable to fixed-route passenger transport and bus passenger transport);

b) Develop and implement maintenance plans to ensure that vehicles must be maintained in accordance with the regulations of the Minister of Transport;

c) Establish a vehicle record or software for managing the unit's vehicles to monitor their operation and maintenance and repair processes according to the form prescribed in Appendix 4 of this Circular;

d) From July 1, 2015, may not use two-tier sleeper buses to operate on fifth and sixth-grade mountain roads;

đ) From July 1, 2016, the luggage compartment of motor vehicles engaged in fixed-route passenger transport, contractual passenger transport, and tourist passenger transport must be divided into compartments according to the regulations of the Minister of Transport to prevent luggage movement and ensure vehicle safety during transportation.

4. Management of drivers engaged in transport business

a) Establish and update all information about the driver's work history into the Driver Career Record or the unit's driver management software according to the form prescribed in Appendix 5 of this Circular;

b) Organize health examinations when hiring, regular health checks for drivers, and only use drivers who meet the health requirements set by the Ministry of Health; do not hire or use drivers who use drugs;

c) Transport business units must use drivers with at least three years of experience driving passenger buses with a capacity of 30 seats or more to drive two-tier sleeper buses.

5. Develop or apply service quality standards

a) Transport business units must develop or apply Service Quality Standards for Passenger Transport issued by the Minister of Transport. In cases where units develop their own standards, they must compare and announce equivalence with the quality levels specified in the Service Quality Standards for Passenger Transport;

b) Enterprises and cooperatives engaged in fixed-route passenger transport, bus services, and taxis must register service quality with the Department of Transport issuing the vehicle identification plates according to the form prescribed in Appendix 6 of this Circular;

c) Enterprises and cooperatives engaged in fixed-route passenger transport, when registering to operate on a route, must also register service quality on the route according to the form prescribed in Appendix 7 of this Circular and notify both terminal stations before commencing operations.

6. Store relevant files and documents during the management and operation of transport activities of the unit to serve inspection and supervision; the minimum retention period is three years.

Article 5. Management and monitoring units for traffic safety conditions

Enterprises and cooperatives engaged in passenger transport by fixed-route buses, public buses, and taxis must have management and monitoring units for traffic safety conditions to perform the following tasks:

1. Establish and implement a traffic safety assurance plan during transportation activities according to the model prescribed in Appendix 8a of this Circular; statistics and analysis of traffic accidents, organize experience sharing within the driver and management staff of the unit; update into the Driver Professional Record or the unit's driver management software.

2. Develop and implement a traffic safety assurance process according to the model in Appendix 8b of this Circular.

3. Inspect technical safety and environmental protection conditions before vehicles participate in operations; urge and monitor the implementation of technical inspection and maintenance schedules; strictly inspect and supervise the technical condition of vehicles.

4. Manage and monitor mandatory information from vehicle tracking devices to promptly warn and prevent violations; use information from vehicle tracking devices to serve the unit's management activities and provide mandatory information of each vehicle to competent state agencies when requested; monitor and propose timely repairs or replacements of faulty tracking devices; periodically report on violations by the unit's drivers.

5. Take the lead or coordinate in organizing propaganda and dissemination of legal regulations on traffic order and safety; educate professional ethics; organize training sessions for drivers and service personnel on board.

Article 6. Installation, management, and exploitation of information from vehicle tracking devices

1. Vehicle tracking devices must comply with standards, ensuring full and continuous recording and transmission to the main server of the principal transport enterprise or data processing service provider (in cases where the transport enterprise entrusts the service provider through a legally binding contract) mandatory information including: route, operating speed, continuous driving time, daily working hours of the driver.

2. Strictly prohibit the use of technical measures or peripheral equipment to interfere with the operation of the device or to jam or disrupt Global Positioning System (GPS) or Global System for Mobile Communications (GSM) signals.

3. Responsibilities of transport enterprises

a) Install tracking devices on all vehicles of the enterprise as required.

b) Maintain good technical condition, ensuring full, accurate, and continuous transmission and provision of mandatory information from tracking devices throughout the vehicle's participation in traffic.

c) Provide login names and passwords to access the data processing software of tracking devices of the unit's vehicles to competent state management agencies.

d) Update and systematically store mandatory information for at least one year.

Article 7. Provisions on vocational training and legal regulations for transportation activities

1. Training targets: transportation managers, commercial vehicle drivers, and service staff on vehicles.

2. Training content: according to materials and framework programs issued by the Vietnam Road Administration.

3. Timing of training

a) Before participating in transportation activities or assuming transportation management responsibilities.

b) Periodically not exceeding three years from the previous training session.

4. Training staff must meet one of the following criteria:

a) Transportation instructors from vocational schools or higher institutions specializing in road transportation.

b) In the case of driver and onboard service staff training: training staff must have a minimum of a vocational school degree in transportation or a college or university degree in another field with at least three years of experience in managing and operating road transportation.

c) In the case of transportation manager training: training staff must have a minimum of a college degree in transportation or a university degree in another field with at least three years of experience in managing and operating road transportation.

5. Agencies and units organizing training

a) Transportation businesses can organize their own training or cooperate with local automobile transport associations or driving schools to organize training for commercial vehicle drivers and onboard service staff.

b) The Department of Transport shall take the lead and coordinate with local automobile transport associations (if available) to organize training for transportation managers of local transportation businesses.

6. Prior to organizing training, the training organizing unit must report to the local Department of Transport about the training plan, location, list of training staff, and list of participants for inspection and supervision.

7. The training organizing unit shall issue a Certificate of Completion to those who complete the training in accordance with the model specified in Appendix 9 of this Circular; retain training program files and training results for a minimum of three years.

Section 2

COMMERCIAL PASSENGER TRANSPORTATION

BY MOTOR VEHICLES ON FIXED ROUTES

Article 8. Criteria for establishing routes

1. There must be a system of public roads officially announced for exploitation throughout the entire route.

2. There must be departure bus stations and arrival bus stations that have been officially announced for exploitation by competent authorities.

Article 9. Passenger pick-up and drop-off points

1. Criteria for passenger pick-up and drop-off points

a) Passenger pick-up and drop-off points may only be located in positions ensuring traffic safety and convenience for passengers boarding and alighting from vehicles.

b) There must be sufficient area for vehicles to stop for pick-up and drop-off without affecting other vehicles on the road.

c) Passenger pick-up and drop-off points must be marked with Sign 434a according to the National Technical Regulation on Road Signs (QCVN 41: 2012/BGTVT) and have a supplementary sign reading: "FIXED ROUTE PASSENGER PICK-UP AND DROP-OFF POINT".

d) The minimum distance between two adjacent pick-up and drop-off points or between a pick-up/drop-off point and a rest stop or between terminal stations at both ends of the route is five kilometers.

2. Traffic organization at pick-up and drop-off points

a) Pick-up and drop-off points may only serve fixed-route passenger transport vehicles; strictly prohibited for other uses.

b) At pick-up and drop-off points, each fixed-route passenger transport vehicle may only stop for a maximum of three minutes.

3. Determination, approval, investment, management, and operation of pick-up and drop-off points

a) The local Department of Transport determines the location of fixed-route pick-up and drop-off points (for national highways, coordination with the competent road administration authority is required), and submits it for approval by the provincial People's Committee.

b) The provincial People's Committee is responsible for organizing and managing, ensuring traffic safety, public security, and environmental sanitation in the area of pick-up and drop-off points within its jurisdiction.

c) Pick-up and drop-off points shall be invested in and constructed according to the following principles: for newly built or upgraded roads, the project investor is responsible for incorporating them as part of the construction project; for currently operational roads, they are constructed through socialized investment or from state budget funds.

d) The Department of Transport issues a notice regarding the commencement or cessation of exploitation of pick-up and drop-off points on fixed routes.

Article 10. Posting

1. Post on the Department of Transport's electronic information page the following information: list of routes within the local area according to the plan (after the competent authority announces the plan); list of operating routes; maximum number of trips allowed to operate on each route during a time unit and the number of registered trips; list of transport units currently operating on the route; hotline phone number of the Department of Transport.

2. Post at bus stations the following information: list of routes, departure schedules of trips currently operating at the station; list of transport business units operating on each route; hotline phone number of the transport business unit, local Department of Transport.

3. Post at ticket counters the following information: name of the transport business unit, route name, fare, departure schedule for each trip, passenger services on the journey, free baggage allowance.

4. Post on vehicles

a) Post at the top of the front windshield: starting point and end point of the route.

b) Post on both sides of the vehicle body or both sides of the doors: name and phone number of the transport business unit.

c) Post inside the vehicle: license plate number, fare, driving route, passenger services on the journey, free baggage allowance, hotline phone number of the transport business unit, local Department of Transport where the emblem was issued. At a position easily visible to the driver when operating the vehicle, post the slogan "Human life is paramount" according to the model specified in Appendix 10 of this Circular.

5. Responsibility for posting: The Department of Transport shall implement posting as prescribed in Clause 1 of this Article; bus stations shall implement posting at the station and at ticket counters for routes entrusted with ticket sales by the station as prescribed in Clauses 2 and 3 of this Article; transport business units shall implement posting on vehicles and at ticket counters for self-ticket sales as prescribed in Clauses 3 and 4 of this Article.

6. Information posting at ticket counters and on vehicles may be done in various forms. Encourage transport units and bus stations to implement posting using electronic devices. Enterprises and cooperatives must provide related bus stations with the information required to be posted at the station.

Article 11. Provisions for fixed-route passenger transport vehicles

1. Post according to the provisions of Clause 4 of Article 10 of this Circular.

2. The quantity, quality, and arrangement of seats and beds in the vehicle must comply with the vehicle design and be numbered in ascending order from the front to the rear of the vehicle.

3. On the vehicle, emergency equipment, fire extinguishers that are still usable and within their validity period must be provided according to regulations.

4. Must have the "FIXED ROUTE VEHICLE" emblem according to the model specified in Appendix 11 of this Circular.

5. At the same time, each vehicle may only register and operate a maximum of two fixed passenger transport routes, these routes may be consecutive (with the arrival station being the departure station of the next route).

6. Passenger cars must arrive at the bus station at least 10 minutes before the scheduled departure time to carry out technical safety checks and other operations at the station according to the traffic safety assurance procedures stipulated in Clause 2 of Article 5 of this Circular.

Article 12. Provisions on the use of passenger shuttle vehicles

1. The name and telephone number of the enterprise or cooperative must be posted on both sides of the vehicle body or doors.

2. The vehicle must display the "SHUTTLE VEHICLE" emblem according to the model specified in Appendix 12 of this Circular.

3. The vehicle must have a seating capacity of up to 16 seats (including the driver) and must be legally owned by the enterprise or cooperative.

4. On the vehicle, there must be installed emergency escape equipment, fire extinguishers that are still usable and within their validity period as prescribed.

5. Passenger shuttle vehicles may only be used to transport passengers along fixed routes of the unit to bus stations, pick-up/drop-off points on the route or vice versa, and passengers shall not be required to pay any additional fees other than the fare for the fixed route as prescribed.

6. Vehicles with the "SHUTTLE VEHICLE" emblem shall not participate in direct revenue-generating transportation activities and shall not be counted towards the number of vehicles owned by the unit as stipulated in Clause 4, Article 15 of Decree No. 86/2014/ND-CP dated September 10, 2014 of the Government on business operations and conditions for operating by motor vehicles.

Article 13. Planning of the network of routes

1. Planning of the network of fixed-route passenger transport:

a) Planning of the network of inter-provincial fixed-route passenger transport: The Ministry of Transport shall approve and announce the guiding plan before December 30, 2014, and the detailed plan of the network of inter-provincial fixed-route passenger transport before June 30, 2015.

b) Planning of the network of intra-provincial fixed-route passenger transport: The People's Committee of the province shall approve and announce the planning of the network of intra-provincial fixed-route passenger transport before June 30, 2015.

2. The General Department of Vietnam Roads shall be responsible for managing, monitoring, inspecting, and coordinating with provincial Departments of Transport to implement the planning of the network of inter-provincial fixed-route passenger transport.

3. Provincial Departments of Transport shall be responsible for managing, monitoring, inspecting, and implementing the planning of the network of intra-provincial fixed-route passenger transport.

4. Based on the economic and social development situation and factors affecting the operation of fixed-route passenger transport, the General Department of Vietnam Roads or the Provincial Department of Transport shall propose to the Ministry of Transport or the People's Committee of the province to adjust the planning according to the authority stipulated in Clause 1 of this Article.

Article 14. Registration of exploitation and adjustment to increase frequency of runs

1. Enterprises or cooperatives holding a Business License for passenger transport by motor vehicles may choose to register exploitation of routes according to the planned network of routes or adjust to increase the frequency of runs according to the principle that the departure times at both ends of the route of the registered vehicle do not overlap and ensure the prescribed time interval from other enterprises' or cooperatives' ongoing or previously registered runs in the following cases:

a) When the competent authority announces or adjusts the planning;

b) When the competent authority decides to increase the frequency of runs.

2. Enterprises or cooperatives currently operating on routes not included in the announced planned network of routes have the right to continue operating according to the registered plan for a period not exceeding 24 months from the date of announcement of the planning.

Two months prior to the deadline mentioned above, the authority approving the exploitation of the route shall issue a notice of cessation of route exploitation to the enterprise or cooperative. Upon reaching the cessation date, the authority approving the exploitation of the route shall issue a cessation of route exploitation document according to the model specified in Appendix 13 of this Circular to the enterprise or cooperative, the terminals at both ends of the route, the General Department of Vietnam Roads, the Provincial Department of Transport at the opposite end, and announce it on its own electronic information website.

Article 15. Provisions on the management agency of the route

1. The Department of Transport shall be responsible for managing the intra-provincial route, coordinating with the Department of Transport at the other end of the route and other Departments of Transport where the route passes through to manage the inter-provincial passenger transport route according to the principle that the Department of Transport issuing the license plate shall proactively coordinate with the Department of Transport at the other end of the route to implement route management tasks and coordinate with the Department of Transport where transport management and traffic safety issues arise to handle and resolve emerging issues.

2. Annually before March 31, the two Departments of Transport at both ends of the route shall unify and publicly announce on their official websites the maximum number of trips allowed to be operated on the route for the next 12 months, the minimum interval between trips, and the current trip schedule for each route managed by the Department of Transport; such announcements must comply with the approved network planning.

Article 16. Provisions on the application dossier and processing of the application for operating the route and increasing the frequency of trips

1. Application dossier provisions

a) Route operation registration form as prescribed in Appendix 14 of this Circular.

b) Passenger transport route operation plan by bus as prescribed in Appendix 15 of this Circular.

c) Fixed-route transport service quality registration form as prescribed in Appendix 7 of this Circular.

2. Provisions on dossier processing:

a) Enterprises and cooperatives submit one set of dossiers to the Department of Transport at the route's starting point or where the main office or branch office of the unit is located.

b) In cases where the dossier needs to be amended or supplemented, the Department of Transport receiving the dossier shall directly notify or send a written notice within a maximum of two working days from the date of receipt of the dossier to the enterprise or cooperative regarding the necessary amendments or supplements.

c) For inter-provincial fixed-route passenger transport services:

Within three working days from the date of receiving a complete dossier in accordance with regulations, the Department of Transport receiving the dossier shall issue a written notice to the Department of Transport at the other end of the route to seek opinions.

Within three working days from the date of receiving the opinion-seeking notice, the Department of Transport seeking opinions shall issue a written response. If there is no written response beyond the deadline, it shall be deemed that the Department of Transport seeking opinions has agreed with the route operation registration content of the enterprise or cooperative.

Within ten working days from the date of receiving a complete dossier in accordance with regulations, the Department of Transport receiving the dossier shall issue an approval notice to the enterprise or cooperative, bus stations at both ends of the route as prescribed in Appendix 13 of this Circular. In case of non-approval, a written response must be issued with clear reasons. The approval notice shall be simultaneously sent to the Vietnam Highway Corporation and the Department of Transport at the other end of the route for coordinated management.

d) For fixed intra-provincial passenger transport routes: Within three working days from the date of receiving a complete dossier in accordance with regulations, the Department of Transport receiving the dossier shall issue an approval notice to the enterprise or cooperative as prescribed in Appendix 13 of this Circular. In case of non-approval, a written response must be issued with clear reasons.

đ) The acceptance of dossiers and issuance of results shall be conducted at the management agency's office or via postal service.

3. The passenger transport route operation plan by bus must be based on actual operational conditions to be developed, prioritizing the arrangement of vehicles to stop at rest stations that have been announced if they exist along the route.

4. The approval document for operating the route and increasing the frequency of trips becomes effective from the date of signature and has the same validity as the Motor Vehicle Transport Business License already issued to the enterprise or cooperative. If the enterprise or cooperative does not put vehicles into operation within sixty days from the date of the approval document, the approval document will lose its effect.

Article 17. Supplementing and Replacing Vehicles Operating on Routes

1. Supplementing and Replacing Vehicles Operating on Routes

Enterprises and cooperatives may replace vehicles currently operating on routes or supplement new vehicles if such supplementation does not increase the frequency of vehicle operation. Prior to supplementing or replacing vehicles, enterprises and cooperatives must notify according to the form prescribed in Appendix 16 of this Circular to two Departments of Transport and both terminal stations at the ends of the route for coordination in implementation.

2. Emergency Replacement of Vehicles

a) When vehicles operating on routes encounter technical issues or accidents, enterprises and cooperatives may use other means of transport from their units for replacement.

b) Emergency replacement vehicles must have a transportation order issued by the enterprise or cooperative according to the form prescribed in Appendix 17 of this Circular.

Article 18. Suspension of Route Operation, Reduction in Frequency of Vehicle Operation on Routes

1. Suspension of Route Operation

a) At least 15 days before suspending route operation, enterprises and cooperatives must notify in writing according to the form prescribed in Appendix 16 of this Circular to two Departments of Transport and both terminal stations at the ends of the route.

b) Within two days from receiving the written request to suspend route operation, both terminal stations at the ends of the route are responsible for publicly announcing at the terminal stations.

c) Five working days after the suspension date, enterprises and cooperatives must return the route identification plates to the Department of Transport that issued them. The route management authority must publicly announce to allow other enterprises and cooperatives to register for operation.

2. Reduction in Frequency of Vehicle Operation on Routes

a) At least ten days before reducing the frequency of vehicle operation on routes, enterprises and cooperatives must send a written request to the Department of Transport that issued the route identification plates according to the form prescribed in Appendix 14 of this Circular.

b) Within two working days from receiving the written request, the Department of Transport must issue a written approval for reducing the frequency of vehicle operation on routes according to the form prescribed in Appendix 13 of this Circular; simultaneously updating information about the reduction in frequency of vehicle operation on routes on the Department's website.

c) Five working days after the reduction in frequency of vehicle operation, enterprises and cooperatives must return the route identification plates of vehicles that have ceased operation on the route to the Department of Transport that issued them.

d) At least three days before enterprises and cooperatives reduce the frequency of vehicle operation, both terminal stations at the ends of the route are responsible for publicly announcing at the terminal stations.

Article 19. Provisions on Strengthening Means of Transport for Passenger Discharge

1. Fixed-route vehicles, buses, passenger transport vehicles under contracts, tourist passenger transport vehicles, shuttle vehicles, internal personnel transport vehicles can be used to strengthen passenger discharge during holidays, Tet, and university entrance examination periods.

2. At least seven days before holidays, Tet, and university entrance examination periods, the Department of Transport shall take the lead and coordinate with relevant units to develop plans for strengthening means of transport for passenger discharge (including lists of vehicles and drivers to be mobilized) and organize implementation.

3. During the period when vehicles are arranged for strengthening, the leading Department of Transport shall take the lead and coordinate with the counterpart Department of Transport, related terminal stations, and units with strengthened vehicles to monitor, supervise, and manage the activities of vehicles and drivers according to regulations on fixed-route passenger transport management.

4. The provisions of Article 16 of this Circular shall not apply in cases where the Department of Transport decides to mobilize vehicles to strengthen passenger discharge during holidays, Tet, and university entrance examination periods.

Article 20. Traffic safety procedures and vehicle entry and exit from bus stations

Bus stations must implement traffic safety procedures and handle vehicle entry and exit from the station as prescribed in Appendix 35 of this Circular.

Article 21. Transport Orders

1. Transport Orders shall be printed by enterprises and cooperatives according to the model specified in Appendix 17 of this Circular. In addition to the mandatory contents prescribed in Appendix 17, enterprises and cooperatives may supplement other contents to serve their management work.

2. Enterprises and cooperatives are responsible for managing, issuing, and checking the use of Transport Orders by drivers; storing executed Transport Orders for a minimum period of 01 year.

Article 22. Responsibilities of enterprises and cooperatives operating passenger transport services

1. Implement measures to organize and carry out approved passenger transport routes by road vehicles in accordance with the plan.

2. Maintain a logbook to monitor and manage the use of identification plates and transport orders by the unit; record information on transport orders and issue them to drivers in accordance with regulations on transport management; store executed transport orders in accordance with Clause 2 of Article 21 of this Circular.

3. Refund at least 90% of ticket prices to passengers who have purchased tickets but refuse to travel at least two hours before departure; refund at least 70% of ticket prices to passengers who have purchased tickets but refuse to travel at least thirty minutes before departure.

4. Bear responsibility when drivers or service staff on board exceed the permitted weight or number of passengers as stipulated.

5. When enterprises and cooperatives accept goods for transportation on fixed-route buses (shippers do not travel on the bus), they must require shippers to provide complete and accurate information about the goods and the full name, address, and contact phone number of both the shipper and the consignee; they may not transport prohibited goods, flammable or explosive goods, or live animals.

6. Equip drivers and service staff on board with uniforms and name badges; name badges must be affixed with a photograph bearing the seal of the unit, clearly stating the full name and managing unit.

7. Have the right to refuse transportation for passengers whose behavior disrupts public order, obstructs the work of drivers or service staff on board, engages in ticket fraud, or involves passengers suffering from dangerous diseases.

8. Fulfill other responsibilities as prescribed by relevant laws.

Article 23. Responsibilities of bus station business units

1. Report to the Department of Transportation of the local province the regulations of the unit regarding authority, responsibilities, list, positions, and signatures of individuals assigned to inspect and confirm transport orders.

2. Before the twentieth day of each month, compile cases where vehicles are not allowed to transport passengers and the traffic safety situation at the bus station, report in writing to the Department of Transportation for handling in accordance with regulations.

3. Implement other provisions concerning bus stations as prescribed in the National Technical Regulations on Bus Stations issued by the Minister of Transport.

Article 24. Authority and Responsibilities of Drivers and Service Staff on Board

1. Wear name badges and uniforms in accordance with the models provided by enterprises and cooperatives; carry transport orders for the current route being operated.

2. Adhere to transport orders issued by enterprises and cooperatives; ensure security and order on the vehicle; pick up and drop off passengers at departure and arrival bus stations, designated pick-up and drop-off points, and follow the prescribed route.

3. Not exceed the permitted number of passengers and not exceed the total permissible weight for participation in traffic as recorded in the Vehicle Safety Technical Inspection Certificate; luggage and cargo must be evenly distributed in the luggage compartment, ensuring stability during transportation; prohibited goods, flammable or explosive goods, and live animals may not be transported.

4. Ensure that all passengers on the vehicle have valid tickets; guide and arrange passengers to sit in their designated seats according to their tickets, disseminate rules for riding the vehicle, assist passengers (especially persons with disabilities, elderly persons, pregnant women, and children); maintain a courteous and civilized attitude in serving passengers.

5. Prior to the vehicle leaving the station, request confirmation of the information specified in the transport order from the bus station.

6. Comply with legal regulations on maintaining order and safety in traffic.

7. Have the right to refuse transportation for passengers whose behavior disrupts public order, obstructs the work of drivers or service staff on board, engages in ticket fraud, or involves passengers suffering from dangerous diseases.

8. Have the responsibility to refuse to operate the vehicle if it is found to be unsafe or lacks a vehicle tracking device, or if the device is installed but not functioning.

9. Maintain cleanliness of the vehicle, refrain from using technical means or peripheral equipment to interfere with the operation of the vehicle tracking device or to jam or interfere with GPS or GSM signals.

10. Fulfill other rights and responsibilities as prescribed by relevant laws.

Article 25. Rights and responsibilities of passengers on vehicles

1. Request enterprises and cooperatives to provide services according to the registered and posted service quality standards.

2. Request staff on board to issue tickets correctly after payment; keep the ticket throughout the journey and present it when inspected by authorized personnel.

3. Receive a refund for the ticket price as prescribed in Clause 3, Article 22 of this Circular.

4. Lodge complaints, suggestions, and reports regarding violations of transport management regulations by transport business units, drivers, and staff on board, and request compensation for damages (if any).

5. Adhere to regulations while traveling to ensure safety and public order on the vehicle; board and disembark at bus stations or designated pick-up and drop-off points as stipulated.

6. Fulfill other rights and obligations as prescribed by relevant laws.

Section 3

 BUS TRANSPORTATION OPERATIONS

Article 26. Provisions for buses

1. The vehicle must comply with all provisions set forth in the National Technical Regulations on Quality, Safety, and Environmental Protection for City Passenger Cars; the number and arrangement of seats and standing areas inside the vehicle must conform to the design specifications.

2. The vehicle must be equipped with emergency escape tools, fire extinguishers that are operational and within their validity period as prescribed.

3. Display the "BUS" emblem as specified in Appendix 18 of this Circular.

4. Post information:

a) Post externally on the vehicle:

Above the front and rear windshields: route number, starting point, and endpoint of the route;

On the right side of the vehicle: route number; fare and contact number of the enterprise or cooperative.

b) Post internally on the vehicle: license plate number, route number; diagram of the starting point, endpoint, and intermediate stops along the route; fare; hotlines of the transport unit and local Department of Transport; responsibilities of the driver, staff on board, and passengers. Post the slogan "Human life comes first" in a visible location for the driver during operation, as specified in Appendix 10 of this Circular.

c) Information can be posted using various methods, encouraging transport units to use electronic devices for posting.

Article 27. Registration of distinctive paint color

1. Before putting the vehicle into operation, enterprises and cooperatives must register the distinctive paint color. The registration form follows the model specified in Appendix 19 of this Circular.

2. The registration form must be submitted to the Department of Transport where the enterprise or cooperative has its main office or branch. The Department of Transport will confirm and publicly announce the registered distinctive paint color on its official website.

3. For provinces and cities with specific paint color regulations for buses, transport units must follow the provincial or city regulations.

Article 28. Starting point, endpoint, stop, and bus shelters

1. Starting point and endpoint of the bus route

a) Must have sufficient area for buses to turn around safely and park without compromising traffic safety.

b) Must display information including: route name; route number; itinerary; frequency; daily operating hours; contact numbers of the route management authority and participating enterprises or cooperatives; responsibilities of passengers, drivers, and staff on board.

c) Must have a shelter for passengers.

2. Bus stops

a) The area where buses stop to pick up and drop off passengers must be marked with signs and road markings as prescribed; the sign must indicate the route number and route name (starting point - endpoint).

b) In urban areas, if the sidewalk width is five meters or more, and outside urban areas, if the curb width is two and a half meters or more, bus shelters must be constructed.

c) The Department of Transport shall specify the model of bus stops within its jurisdiction.

3. At passenger bus terminals, railway stations, airports, ports, inland waterway ports, and seaports, pickup and drop-off points for buses must be arranged to connect with other modes of transportation.

4. Bus shelters

a) The Department of Transport shall specify the model of bus shelters within its jurisdiction.

b) At bus shelters, information must be posted including: route number, route name, itinerary, frequency, daily operating hours, contact number of the route management authority, map or diagram of the route network.

5. The starting point, endpoint, stop, and bus shelters must be constructed to facilitate access and use by persons with disabilities.

Article 29. Investment in Construction of Infrastructure for Public Bus Transport

1. The infrastructure system for public bus transport includes: dedicated bus lanes, starting points, end points, stops, signs, waiting shelters, transfer points, parking areas.

2. The infrastructure system for public bus transport shall be invested in and constructed from state budget funds or through socialization.

3. The Department of Transportation has the responsibility to manage and maintain the infrastructure system for public bus transport at the local level.

Article 30. Announcement of Opening Bus Passenger Transport Routes

1. The Department of Transportation announces the opening of bus passenger transport routes in accordance with the approved network planning by the provincial People's Committee. For bus routes passing through the territory of two or three provinces/cities, based on the approved network planning, the announcement of route opening shall be carried out by the Department of Transportation where the enterprise or cooperative has its main office or branch office, after obtaining the consent in writing from the relevant local Department of Transportation. In cases where the bus route starts or ends within an airport area, the provincial People's Committee shall coordinate with the Ministry of Transportation.

2. Contents of the announcement of opening bus routes

a) Enterprise or cooperative operating the route.

b) Route number; distance; itinerary (starting point, end point, stop points).

c) Schedule, operational time of the route (not less than 12 hours per day).

d) Brand, capacity of vehicles operating on the route.

e) Fare.

3. The Department of Transportation must publish on its electronic information website the contents stipulated in Clause 2 of this Article at least 10 working days before implementing passenger transportation activities on the bus route.

Article 31. Management of Public Bus Passenger Transport

1. The Department of Transportation organizes the implementation of bidding or ordering the operation of public bus passenger transport routes according to the laws on production and supply of public services.

2. Enterprises or cooperatives holding a Business License for Passenger Transport by Road with bus transport service type may participate in bidding or be ordered to operate public bus passenger transport routes.

3. The local Department of Transportation enters into a route operation contract with enterprises or cooperatives that win the bid or are ordered. The contract must clearly specify the route operation plan including: route name, route number, vehicle brand, vehicle capacity, fare, schedule, duration of the contract.

4. The Department of Transportation decides to adjust part or all of the schedule for intra-provincial bus routes; enterprises or cooperatives adjust their route operation plans accordingly with the new adjusted schedule; the Department of Transportation and the enterprise or cooperative sign and stamp to confirm the new route operation plan as part of the route operation contract.

5. For bus routes passing through the territory of two or three provinces/cities, the adjustment of the schedule for the route shall be carried out by the Department of Transportation where the enterprise or cooperative has its main office or branch office, after obtaining the consent in writing from the relevant local Department of Transportation.

6. The decision to adjust the schedule shall be announced in mass media at least 10 days before implementation.

7. From July 1, 2016, enterprises or cooperatives with a minimum number of vehicles meeting the requirements set forth in Clause 4, Article 16 of Decree 86/2014/NĐ-CP dated September 10, 2014 of the Government on business and business conditions for motor vehicles shall be eligible to engage in public bus passenger transport operations.

Article 32. Suspension of operations on routes and closure of routes

1. Enterprises and cooperatives must submit a written request to suspend operations on routes to the Department of Transport and may only cease operations upon approval from the Department of Transport. Within eight working days from receipt of the enterprise's or cooperative's request, the Department of Transport shall issue a written approval specifying the time when the enterprise or cooperative may suspend operations on the route. If the Department of Transport does not provide comments beyond this period, it shall be deemed to have approved the suspension of operations on the route by the enterprise or cooperative.

3. In cases where the suspension of operations on a route leads to changes in the frequency of vehicle runs on the route or the closure of the route, the Department of Transport shall announce the new frequency of vehicle runs or the closure of the route through mass media at least ten working days prior to the approved date for the enterprise or cooperative to suspend operations on the route.

The announcement of the closure of the route shall be carried out in cases where the transport route has been announced but there is no enterprise or cooperative organizing transport activities on the route.

Article 33. Supplementing and Replacing Vehicles

1. For intra-provincial bus routes, the Department of Transport shall decide on supplementing and replacing vehicles for passenger transport services based on the enterprises' or cooperatives' proposals.

2. For inter-provincial bus routes passing through the territories of two or three provinces/cities, within ten working days, the Department of Transport at the starting point of the route, where the enterprise or cooperative has its main office or branch office, shall coordinate with local Departments of Transport along the route before approving the supplementation or replacement of vehicles on the route according to the enterprises' or cooperatives' proposals.

Article 34. Responsibilities of Transport Business Enterprises and Cooperatives

1. Implement measures to organize and execute the timetable for vehicle runs as stipulated in the operational plan signed in the contract.

2. Register the sample of driver name badges and uniforms with the Department of Transport having jurisdiction over the bus route where the enterprise or cooperative has its main office or branch office. Issue uniforms and name badges to drivers and service staff on board; name badges must bear photographs and clearly state the full name and managing unit.

3. Bear responsibility when drivers or service staff on board exceed the weight limit or number of passengers as prescribed.

Article 35. Rights and Responsibilities of Bus Drivers and Service Staff

1. Wear name badges and uniforms in accordance with the samples registered with the Department of Transport.

2. Adhere strictly to the approved timetable for vehicle runs.

3. Provide information about the route journey and stop points when requested by passengers; guide and assist passengers (especially persons with disabilities, elderly people, pregnant women, and children) when boarding and alighting from the vehicle; maintain a civilized and courteous attitude in serving passengers.

4. Have the right to refuse transportation to passengers causing disturbances to security, order, and safety on the vehicle; have the right to refuse transportation of prohibited goods, flammable or explosive items, or live animals.

5. Have the responsibility to refuse to operate the vehicle if they discover that the vehicle does not meet safety conditions, lacks a vehicle tracking device, or has such a device installed but is not functioning.

6. Maintain cleanliness of the vehicle; refrain from using technical means or peripheral equipment to interfere with the operation of the vehicle tracking device or to disrupt GPS or GSM signals.

Article 36. Rights and Responsibilities of Bus Passengers

1. Carrying hand luggage not exceeding 10 kilograms in weight and dimensions not exceeding 30x40x60 centimeters.

2. Adhering to regulations when riding the bus and following the instructions of the driver and service staff on board.

3. Requesting service staff to issue the correct ticket type after payment; keeping the ticket throughout the journey and presenting it upon request for inspection by authorized personnel.

4. Lodge complaints, suggestions, and reports regarding violations of transport management regulations by transport business units, drivers, and staff on board, and request compensation for damages (if any).

5. Fulfilling other rights and obligations as prescribed by relevant laws.

Section 4

PASSENGER TRANSPORTATION BY TAXI

Article 37. Provisions for Taxi Vehicles

1. Display Requirements

a) On both sides of the vehicle doors: the name, telephone number, and emblem (logo) of the enterprise or cooperative.

b) Inside the vehicle: fare chart based on kilometers, waiting time fares, and other charges (if applicable) that passengers must pay. The display should be visible from the driver's seat while operating the vehicle with the slogan "Human life is paramount" according to the model specified in Appendix 10 of this Circular.

2. Fire Extinguisher

A fire extinguisher that is still usable and within its validity period as stipulated must be installed in the vehicle.

3. Taxi Emblem and Roof Light

a) Having a taxi emblem issued by the People's Committee of the province for units under local management or according to the "TAXI" emblem model specified in Appendix 20 of this Circular.

The specific emblem must have anti-counterfeiting labels and uniform size according to the model specified in Appendix 20. Localities must print, distribute, and notify the specific emblem to the Vietnam Highway Administration before implementation.

b) Equipped with a roof light displaying the word "TAXI," which must be turned on when the vehicle is unoccupied and off when there are passengers.

4. Fare Meter

The fare meter must be inspected and sealed by an authorized agency. From July 1, 2016, vehicles must be equipped with a device to print invoices connected to the fare meter.

Article 38. Registration of Emblems

1. Before putting vehicles into operation, enterprises and cooperatives must register their emblems (logos) and contact numbers on their vehicles. The registration form follows the model specified in Appendix 19 of this Circular.

2. The registration dossier must be submitted to the Department of Transportation where the enterprise or cooperative has its main office or branch. The Department of Transportation will confirm the emblem (logo) if it does not duplicate those registered by other enterprises or cooperatives and is responsible for publicly announcing the emblem (logo) on the Department’s website.

Article 39. Installation Documentation for Communication Equipment

Before putting vehicles into operation, enterprises and cooperatives must establish a dispatch center, register communication frequencies, and install communication devices between the center and vehicles. The installation documentation for communication equipment must be submitted to the Department of Transportation at the location of the enterprise or cooperative's main office or branch for monitoring and management. The documentation includes:

Article 40. Passenger Pickup and Drop-off Points, Taxi Parking Points

1. Taxis shall pick up and drop off passengers at locations where stopping and parking are not prohibited.

2. Depending on actual conditions, the Transport Departments of localities shall propose to the People's Committees of provinces to allow the construction of passenger pickup and drop-off points for taxis at transportation hubs, residential areas, cultural, sports, tourism, commercial center, resort, medical facilities, and on streets within urban and town centers.

3. Passenger pickup and drop-off points for taxis must ensure traffic safety and be marked with signs and painted road markings as prescribed.

4. Taxi Parking Points

a) Taxi parking points include two types: taxi parking points organized and managed by enterprises and cooperatives; public taxi parking points organized and managed by local state management agencies.

b) Requirements for taxi parking points: ensuring order, safety, and not causing traffic congestion; meeting requirements for fire prevention and environmental sanitation.

5. The People's Committee of a province shall approve and announce the planning for the development of passenger transport by taxis, regulate the number of taxis, and organize public taxi parking points in accordance with the planning for the development of transport and the specific characteristics of the locality.

Article 41. Responsibilities of Enterprises and Cooperatives

1. Register the sample of driver name badges and uniforms with the Transport Department of the locality where the enterprise or cooperative has its main office or branch office. Provide uniforms and name badges to drivers; name badges must have photographs attached and clearly indicate the driver’s name and managing unit.

2. Bear responsibility when drivers or service staff on board exceed the weight limit or the number of passengers as stipulated.

Article 42. Rights and Responsibilities of Drivers

1. Wear name badges and uniforms in accordance with the samples registered with the Department of Transport.

2. Collect fares according to the meter; provide invoices to passengers after they have paid the full amount.

3. Maintain cleanliness of the vehicle; may not use technical measures or peripheral equipment to interfere with the operation of the trip monitoring device or cause interference with GPS or GSM signals.

4. Provide information about the route when requested by passengers; guide and assist passengers (especially persons with disabilities, elderly people, pregnant women, and children) when boarding and alighting from the vehicle.

5. Have the right to refuse transportation to passengers whose behavior endangers security, order, and safety on the vehicle or who are suffering from dangerous infectious diseases; have the right to refuse to transport prohibited goods, flammable and explosive items, or live animals.

6. Shall refuse to operate the vehicle if it is found that the vehicle does not meet safety conditions, lacks a trip monitoring device, or has such a device but it is not functioning.

Article 43. Rights and Responsibilities of Taxi Passengers

1. Request drivers to provide information about the route.

2. Pay the fare according to the meter and receive an invoice for the correct amount paid.

3. Comply with regulations while riding and follow the driver's guidance.

4. Have the right to lodge complaints, make suggestions, and report violations of transport management regulations by transport businesses, drivers, and request compensation for damages (if any).

5. Fulfilling other rights and obligations as prescribed by relevant laws.

Section 5

PASSENGER TRANSPORTATION BY CONTRACT

Article 44. Provisions for passenger-carrying motor vehicles under contract

1. Display: the name and telephone number of the transport business unit on the front part of both sides of the vehicle body or both sides of the car doors.

Display at a position easily visible to the driver when operating the vehicle the slogan "Human life comes first" according to the model prescribed in Appendix 10 of this Circular.

2. The quantity, quality, and arrangement of seats inside the vehicle must comply with the design of the vehicle.

3. The vehicle must be equipped with emergency tools, fire extinguishers that are still usable and within their validity period as prescribed.

4. Have the emblem "CONTRACT VEHICLE" according to the model prescribed in Appendix 21 of this Circular.

Article 45. Organization and management of passenger transport activities under contract

1. Transport business units and drivers engaged in passenger transport under contract may only pick up and drop off passengers at locations specified in the contract and charge transportation fees according to the value of the signed contract; they shall not sell tickets, collect money, or confirm reservations for individual passengers in any form.

2. The passenger transport contract is concluded between the transport business unit and organizations or individuals requiring the entire vehicle rental. For each trip, the transport business unit may only conclude one passenger transport contract.

The passenger transport contract must include the following basic contents: contract performance time; departure address, destination address; travel route for the outbound and return journey (including the starting point, route, pick-up and drop-off points on both journeys, and the end point of the route); number of passengers; contract value; passenger rights and services provided during the journey.

For contracts involving student or employee transport, the specific times for each trip according to days and hours in the week must be clearly stated.

3. As of July 1, 2015, when using motor vehicles with a designed passenger capacity of 10 or more to fulfill contract transport, before implementing the contract, the transport business unit must notify the Department of Transportation and Transport Licensing Authority of the itinerary (starting point, route, pick-up and drop-off points, end point of the journey), contract performance time, and number of passengers in writing or via email, the Department's electronic information website, or its transportation management software according to the model prescribed in Appendix 34 of this Circular. The distance of the itinerary is determined from the starting point to the end point of the trip.

Specifically, for transport business units providing fixed-route student and employee transport services, they must notify once before implementing the contract or when there are changes to the route, transport time, and vehicle stop and parking points.

4. When transporting passengers under contract, the driver must carry the transport contract and passenger list according to the model prescribed in Appendix 22 of this Circular (this provision does not apply to vehicles serving weddings, funerals, or security and defense tasks).

Chapter 6

MOTOR VEHICLE TRANSPORTATION OF TOURIST PASSENGERS

Article 46. Provisions for Tourist Passenger Transport Vehicles

1. Display: the name and telephone number of the transport business unit on the front part of both sides of the vehicle body or both sides of the car doors.

Display at a position easily visible to the driver when operating the vehicle the slogan: "Human life is paramount" according to the model prescribed in Appendix 10 of this Circular.

2. The quantity, quality, and arrangement of seats inside the vehicle must comply with the design of the vehicle.

3. The vehicle must be equipped with emergency tools, fire extinguishers that are still usable and within their validity period as prescribed.

4. Must have the sign "TOURIST PASSENGER TRANSPORT VEHICLE" as prescribed.

Article 47. Organization and Management of Tourist Passenger Transport Activities

1. Tourist passenger transport business units and drivers may only pick up and drop off passengers at locations specified in the contract and charge transportation fees according to the value of the signed contract; they shall not sell tickets or confirm reservations for passengers under any form.

2. Tourist passenger transport contracts shall be concluded between the tourist passenger transport business unit and organizations or individuals requiring the rental of the entire vehicle. For each trip, the tourist passenger transport business unit may only conclude one passenger transport contract.

Tourist passenger transport contracts must include the following basic contents: contract performance time; departure address, destination address; driving route (including starting point, route, pick-up points, drop-off points, end point of the journey); number of passengers; contract value; passenger rights and services provided to passengers during the journey.

3. From July 1, 2015, before implementing the tourist passenger transport contract, the tourist passenger transport business unit must notify the Department of Transportation where the business license was issued about the information: route (starting point, route, pick-up points, drop-off points, end point of the journey), contract performance time, number of passengers in writing or via email, the Department's electronic information website, or the transportation management software of the Department according to the model prescribed in Appendix 34 of this Circular. The distance of the route is determined from the starting point to the end point of the trip.

4. When transporting tourists, the driver must carry the tourist passenger transport contract; travel program; passenger list according to the model prescribed in Appendix 22 of this Circular.

Section 7

PROVISIONS ON INTERNAL PERSONNEL TRANSPORTATION

Article 48. Provisions for Internal Personnel Transport Vehicles

Internal personnel transport vehicles with a seating capacity of 16 seats or more must meet the following requirements:

1. As of January 1, 2016, internal personnel transport vehicles must have the emblem "INTERNAL USE" according to the model prescribed in Appendix 23 of this Circular.

2. The vehicle must be equipped with emergency escape tools, fire extinguishers that are operational and within their validity period as prescribed.

3. The number, quality, and arrangement of seats in the vehicle must comply with the design of the vehicle.

Article 49. Provisions for Units with Internal Personnel Transport Vehicles

1. May only use vehicles to transport their own officials, employees, workers, or students.

2. Shall not use vehicles with the emblem "INTERNAL USE" for commercial passenger transport or for hire to transport passengers.

3. Develop maintenance plans to ensure that the vehicles are maintained according to regulations.

4. Establish Vehicle History Files to record and monitor the operation process and maintenance and repair of the vehicles according to the model prescribed in Appendix 4 of this Circular.

5. Organize health examinations for drivers and employ drivers who are fit for duty according to the regulations of the Ministry of Health.

Chapter III

MOTOR VEHICLE CARGO TRANSPORTATION

Article 50. Provisions on the subjects of cargo transportation businesses that do not directly collect payment must have a Business License

1. Cargo transportation businesses that do not directly collect payment must be issued a Motor Vehicle Transportation Business License under one of the following categories:

a) Using means of transport to carry dangerous goods as specified in the Government's list of dangerous goods, dangerous goods transportation, and authority to issue permits for dangerous goods transportation.

b) Using means of transport to carry oversized and overweight goods as stipulated in regulations on road load limits and dimensions; operation of overloaded vehicles, vehicles exceeding dimensional limits, and tracked vehicles on roads; transportation of oversized and overweight goods; and limitations on loading goods onto road transport vehicles when participating in road traffic.

c) Having five or more vehicles.

d) Using means of transport with a permitted gross vehicle weight of ten tons or more to transport goods.

2. Implementation roadmap as prescribed in Clause 2, Article 20 of Decree No. 86/2014/ND-CP dated September 10, 2014 of the Government on business operations and conditions for motor vehicle transportation.

Article 51. Provisions on cargo-carrying motor vehicles

1. Display information as prescribed in Appendix 26 of this Circular.

2. Position for displaying information

a) For cargo trucks and tractor units: display on the outside of both sides of the driver's cabin door.

b) For trailers and semi-trailers with cargo boxes: display on the outside of both sides of the cargo box.

c) For trailers and semi-trailers without cargo boxes: display information on a metal plate attached to the chassis at a position easily visible from the side or rear.

3. Cargo-carrying motor vehicles must have cargo box dimensions consistent with the Certificate of Technical Safety and Environmental Protection.

4. The vehicle must be equipped with a fire extinguisher that is still usable and within its validity period as prescribed.

5. Motor vehicles engaged in containerized cargo transportation business must display the "CONTAINER VEHICLE" emblem according to the model prescribed in Appendix 27a of this Circular.

6. Motor vehicles engaged in cargo transportation business must display the "TRUCK" emblem according to the model prescribed in Appendix 27b of this Circular.

7. Vehicles with the "CONTAINER VEHICLE" emblem may transport containers and other goods. Vehicles with the "TRUCK" emblem may not transport containers.

Article 52. Transportation contracts, waybills

1. A transportation contract shall include the following basic information: name of the carrier; name of the unit or person hiring transportation; type and quantity of goods; route; delivery and receipt addresses and times; freight charges; payment terms; agreed terms for delivery, compensation, and handling of documents related to the goods, and other issues relevant to the transportation process.

2. Waybill

a) A waybill shall include the following information: name of the carrier; name of the unit or person hiring transportation; route (starting point, route, end point); contract number (if applicable), date and year of signing the contract; type and quantity of goods transported by the vehicle; time of receiving and delivering goods and other contents related to the transportation process. The distance of the operational route is determined from the starting point to the end point of the trip.

b) The waybill shall be stamped and issued by the carrier to the driver to carry during the transportation of goods on the road; in case of individual business households, the household head must sign and write their full name on the waybill.

c) After loading the goods onto the vehicle and before commencing transportation, the consignor (or a person authorized by the consignor), or a representative of the unit or individual (if it is an individual) who loads the goods onto the vehicle must sign to confirm the correct loading of the goods onto the vehicle according to the model prescribed in Appendix 28 of this Circular.

Article 53. Provisions for units and drivers engaged in cargo transportation.

1. Units conducting cargo transportation operations shall be responsible for disseminating to drivers the regulations on permissible load capacity of vehicles traveling on roads; they shall not organize loading and transporting of goods exceeding the permitted weight as stipulated by law; they shall be liable if vehicles under their management alter technical parameters of the vehicle contrary to regulations; transporting goods beyond the permitted weight.

2. Units conducting cargo transportation operations shall be responsible for managing cargo transportation trucks:

a) Installing vehicle tracking devices as prescribed in Article 6 of this Circular.

b) Developing and implementing maintenance plans to ensure that vehicles are maintained according to regulations.

c) Establishing Vehicle Record Sheets or software for managing vehicles of the unit (if applicable) to monitor the operation and maintenance, repair of vehicles according to the model prescribed in Appendix 4 of this Circular.

3. Units conducting cargo transportation operations shall be responsible for managing drivers in accordance with Clause 4, Article 4 of this Circular.

4. In addition to the provisions of Clauses 1, 2, and Clause 3 of this Article, units conducting cargo transportation operations must:

a) Possess a Business License for Cargo Transportation by Trucks. The application for a Business License for Cargo Transportation by Trucks shall be in the form prescribed in Appendix 1 of this Circular; the format of the Business License for Cargo Transportation by Trucks is prescribed in Appendix 2 of this Circular.

b) Have and implement correctly the business plan for cargo transportation by trucks in the form prescribed in Appendix 3 of this Circular.

c) Develop and apply traffic safety management procedures in the form prescribed in Appendix 8b of this Circular.

d) Implement regulations on training for transport managers and drivers as prescribed in Article 7 of this Circular.

đ) Store relevant files and documents during the management and operation of transportation activities of the unit to serve inspection and supervision work. The minimum retention period is three years.

5. Enterprises and cooperatives conducting cargo transportation by containers must have a department to manage and monitor traffic safety conditions to perform tasks as prescribed in Article 5 of this Circular.

6. When transporting goods, drivers must carry the Transport Document and other documents of the driver and the vehicle as required by law.

7. Drivers may not transport goods exceeding the permissible weight for participation in traffic as stipulated by law.

8. Before commencing cargo transportation, drivers shall be responsible for requesting the person responsible for loading the goods onto the vehicle to sign confirmation of the loading on the Transport Document and shall refuse transportation if the loading does not comply with legal regulations.

9. Drivers shall refuse to operate vehicles when they discover that the vehicle does not meet safety conditions, the vehicle does not have a vehicle tracking device, or it has been installed but is not operational.

10. Drivers shall exercise other rights and responsibilities as prescribed by law.

Chapter IV

MARKS AND SIGNS

Article 54. General Provisions on Management and Use of Marks and Signs

1. Marks and signs shall be affixed in positions easily observable on the right windshield of the driver's side. They shall not be erased or altered.

2. Validity period of license plates

a) The marks "FIXED ROUTE VEHICLE", "BUS", "TAXI", "CONTRACT VEHICLE", "CONTAINER VEHICLE", "TRUCK", "TRANSFER VEHICLE" shall be valid for the duration of the validity of the Business License for Cargo Transportation and shall not exceed the service life of the vehicle.

b) The mark "INTRA-COMPANY VEHICLE" shall be valid for seven years and shall not exceed the service life of the vehicle.

c) The mark "FIXED ROUTE VEHICLE" issued for additional vehicles to relieve passenger congestion during Lunar New Year holidays and college entrance exams shall be valid as follows: Lunar New Year holiday not more than thirty days; other holidays and college entrance exams not more than ten days.

Article 55. Provisions on Issuing Emblem and Sign

1. Business units with a Business License for Passenger Transport by Motor Vehicles and a certificate confirming compliance with conditions for tourist passenger transport issued by the Department of Culture, Sports and Tourism shall be granted signs for motor vehicles participating in tourist passenger transport activities according to regulations by the Department of Transportation.

2. Business units providing passenger transport by taxi, contractual transport, container cargo transport, tractor-trailer transport, trailer semi-trailer transport, and cargo transport by motor vehicles with a Business License for Transport by Motor Vehicles shall be granted emblems for motor vehicles participating in business operations listed in the proposal submitted by the unit according to Clause 5 of this Article by the Department of Transportation.

3. Enterprises and cooperatives engaged in fixed-route passenger transport shall be granted emblems for motor vehicles participating in operations on the route when they have approval to operate on the route; approval to adjust frequency; notification of vehicle replacement or addition without increasing the enterprise's or cooperative's frequency; and when the emblem has expired, been lost, or damaged according to Clause 5 of this Article by the Department of Transportation.

Motor vehicles currently operating on fixed-route passenger transport that need to transport passengers under contracts shall submit a written request to the Department of Transportation for emblem issuance for contract vehicles by enterprises and cooperatives.

4. Enterprises and cooperatives engaged in bus passenger transport shall be granted emblems for motor vehicles participating in operations on the route when they have announced the route, received approval for vehicle additions or replacements, and when the emblem has expired, been lost, or damaged according to Clause 5 of this Article by the Department of Transportation.

5. Business units engaged in transport shall submit one set of application documents for emblem issuance directly or through postal service to the Department of Transportation where the main office or branch office is located. The documents include:

a) An application form for emblem issuance according to the model prescribed in Appendix 24 of this Circular;

b) A copy with the original for comparison or a certified copy of the safety technical inspection certificate, vehicle registration certificate, and lease contract with organizations or individuals for financial leasing or asset leasing, or between members and cooperatives if the vehicle does not belong to the transport business unit. For vehicles registered in a different locality from the administrative procedure location, the Department of Transportation receiving the documents must seek confirmation about the condition of the vehicle participating in transport business from the Department of Transportation of the locality where the vehicle is registered according to Clause 12 of this Article.

c) Provide the name of the electronic information website, login name, and password to access the vehicle tracking device for the vehicles applying for emblems.

6. Issuance of "IN-HOUSE VEHICLE" Emblem

Units with motor vehicles for internal transport shall submit one set of application documents for emblem issuance directly or through postal service to the Department of Transportation where the main office or branch office is located. The documents include:

a) An application form for emblem issuance according to the model prescribed in Appendix 24 of this Circular.

b) A copy with the original for comparison or a certified copy of the Business Registration Certificate (or Enterprise Registration), Vehicle Registration Certificate, and safety technical inspection certificate.

7. Issuance of "TRANSFER VEHICLE" Emblem

The "TRANSFER VEHICLE" emblem is issued to enterprises and cooperatives currently operating on fixed routes within the locality. Application documents for emblem issuance include:

a) An application form for emblem issuance according to the model prescribed in Appendix 24 of this Circular.

b) A copy with the original for comparison or a certified copy of the Vehicle Registration Certificate and safety technical inspection certificate.

c) A copy of the route announcement and approval for operation issued by the route management authority.

8. From the date of receipt of complete documents in accordance with regulations, within two working days for vehicles registered in the locality where the administrative procedures are handled and eight working days for vehicles registered in a different locality, the Department of Transportation is responsible for issuing emblems to transport business units and units with internal vehicles. If refusal to issue is made, the Department of Transportation will provide a written response stating the reasons.

For motor vehicles required to install vehicle tracking devices but failing to comply with relevant regulations regarding installation, data provision, and transmission, the emblem will only be issued after full compliance with the regulations concerning vehicle tracking devices.

9. In case the emblem or sign expires, is lost, or is damaged, it will be reissued. For expired emblems or signs, transport business units must apply for reissue at least ten days before expiration. Reissuance will be carried out according to the provisions of Clauses 5, 6, 7, and Clause 8 of this Article.

10. Transport business units are responsible for returning to the Department of Transportation the emblems issued for additional vehicles used for transporting passengers during holidays, exams, and emblems for contract vehicles running on fixed routes immediately after their expiration.

11. The Department of Transportation is responsible for

a) Inspecting the implementation of business conditions and reporting systems of transport business units and compliance with regulations related to the installation, provision, and transmission of data from vehicle tracking devices.

b) Canceling emblems and signs that are forcibly recalled, damaged, and returned by transport business units.

12. Procedure for Confirmation of Vehicle Condition Participating in Transport Business

a) Within two working days from the date of receiving complete documents in accordance with regulations, the Department of Transportation receiving the documents shall send a letter requesting confirmation of the condition of the vehicle participating in transport business according to the model prescribed in Appendix 25 of this Circular to the Department of Transportation of the locality where the vehicle is registered.

b) Within three working days from the date of receipt of the request for confirmation, the Department of Transport where the vehicle carries the registered license plate must be responsible for confirming and sending to the Department of Transport that made the request via fax or email; the original copy shall be sent through postal service. In case of non-confirmation, the Department of Transport shall reply in writing and specify the reasons. After confirmation, the Department of Transport where the vehicle carries the registered license plate shall remove the confirmed vehicle from the information system of the General Department of Vietnam Roads; the Department of Transport where the emblem is issued shall update the vehicle from the time of issuing the emblem and sign.

Chapter V

PROVISIONS ON MANAGEMENT AND BUSINESS OF SUPPORT SERVICES FOR ROAD TRANSPORT

SUPPORT SERVICES FOR ROAD TRANSPORT

Article 56. Provisions on parking lots

1. Requirements for parking lots

a) Ensuring security and order; meeting requirements for fire prevention and explosion prevention and environmental hygiene;

b) The entrance and exit roads of the parking lot must be arranged to ensure safety and not cause traffic congestion.

2. Contents of business at parking lots

a) Vehicle storage services.

b) Organizing maintenance and repair services for vehicles.

c) Operating other services as prescribed by law.

3. Provisions for units managing and operating parking lots

a) Ensuring security, order, environmental hygiene, and fire prevention and explosion prevention at parking lots.

b) Publicly posting internal regulations, prices of services at parking lots, name and phone number of the competent state management agency for vehicle owners to reflect and lodge complaints when necessary.

c) Compensating for losses suffered by vehicle owners if loss or damage occurs to the stored vehicles.

d) Being subject to inspection and supervision by competent state agencies.

đ) Operating the types of services prescribed in Clause 2 of this Article.

e) Collecting fees for vehicle storage.

g) Not allowing transport vehicle owners to use the parking lot to pick up or drop off passengers.

h) Having the right to refuse service to vehicle owners who do not comply with the parking lot's internal regulations.

4. Responsibilities and rights of vehicle owners or drivers at parking lots

a) Adhering to internal regulations and following the guidance of parking lot management staff.

b) Having the right to choose to use services provided at the parking lot.

c) Having the right to reflect and make suggestions to competent authorities regarding violations committed by the parking lot.

5. The People's Committee of the province shall provide specific provisions on the organization, management, and announcement of parking lot activities within its jurisdiction.

Article 57. Provisions on cargo terminals

1. Technical requirements for cargo terminals

2. Contents of business at cargo terminals

a) Services for loading, unloading, packaging, and goods preservation.

b) Vehicle storage services.

c) Operating other services as prescribed by law.

3. Provisions for units managing and operating cargo terminals

a) Ensuring security, order, environmental hygiene, and fire prevention and explosion prevention at the terminal.

b) Publicly posting internal regulations, prices of services at the terminal, name and phone number of the local Department of Transport for vehicle owners to reflect and lodge complaints when necessary.

c) Conducting inspections of the traffic safety conditions of trucks, truck drivers, and goods before departure to identify prohibited items; monitoring and supervising the operation of trucks and drivers within the terminal area.

d) Loading goods onto trucks in compliance with the maximum permissible load as stated in the Certificate of Technical Safety Inspection and Environmental Protection of the truck.

đ) Cargo terminals shall not allow vehicles to load goods in the following cases: the license plate or driver does not match the transportation contract or waybill; the vehicle does not meet all the requirements stipulated in Article 53 of this Circular; upon discovering that the driver has consumed alcohol or drugs; the driver is not wearing the prescribed uniform or name tag; the vehicle or driver lacks the required documents.

e) Compensating for losses suffered by service users if loss or damage occurs to property or goods during the service provision period.

g) Being subject to inspection and supervision by competent state agencies.

h) Operating the types of services prescribed in Clause 2 of this Article.

i) Collecting fees for vehicle storage.

k) Not allowing transport vehicle owners to use the cargo terminal to pick up or drop off passengers.

l) Having the right to refuse service to customers who do not comply with the terminal's internal regulations.

m) Annually before the 20th day of each month, compiling a report on cases where vehicles were not allowed to depart according to the provisions of Point đ Clause 4 of this Article and the traffic safety situation at the terminal, and reporting in writing to the Department of Transport for handling according to regulations.

4. Competent Authority for Announcement

Cargo terminals may only commence operations after being officially announced by the Department of Transport of provinces and centrally-administered cities.

5. Documents for Requesting Official Announcement for Commencement of Operations

a) Application for Official Announcement for Commencement of Operations of Cargo Terminals as prescribed in Appendix 29 of this Circular.

b) Overall layout plan of the cargo terminal.

c) Acceptance records of criteria according to technical requirements for cargo terminals as prescribed.

d) Approval document for connection of entry and exit roads to the cargo terminal from the competent authority.

6. Document Processing Procedure

a) The cargo terminal business unit shall submit one set of documents to the Department of Transport at the location where the cargo terminal is proposed to be announced.

b) If the documents do not fully comply with the provisions of Clause 5 of this Article, the Department of Transport shall notify the cargo terminal business unit directly or in writing of the necessary amendments within a maximum of two working days from the date of receipt of the documents.

c) Not later than fifteen working days from the date of receipt of the application file submitted in accordance with the regulations, the Department of Transport shall organize inspections, prepare inspection records according to the criteria specified in Clause 1 of this Article, and issue a decision to announce the commencement of operations at the freight terminal. The announcement decision shall be in the form prescribed in Appendix 30 of this Circular and shall be sent to the Vietnam Road Administration for coordinated management.

d) In cases where the freight terminal does not meet the technical requirements stipulated, the inspecting authority must clearly record the non-compliance and notify the freight terminal operator in writing within a maximum period of two working days from the end of the inspection.

The submission of application files and issuance of results shall be conducted directly at the Department of Transport or through postal service.

Article 58. Ticket Agency

1. Business registration (or enterprise registration) in accordance with the provisions of the law.

2. A ticket agency contract with a passenger road transport business operating on fixed routes must specify the obligations and rights of each party.

3. Organizations and individuals engaged in ticket agency services must notify the local Department of Transport in writing of the following information: address, contact phone number, and a copy of the business registration certificate (or enterprise registration); list of transport businesses that have signed contracts with the ticket agency.

4. Passenger transport businesses and ticket agency services may not organize pick-up or drop-off of passengers at the location of the ticket agency, except where such locations coincide with designated points for vehicle stops to pick up or drop off passengers as specified by the local Department of Transport.

Article 59. Freight Transport Agency Services

1. Business registration (or enterprise registration) in accordance with the provisions of the law.

2. To receive agency service fees for freight transport according to agreements with the consignors and recorded in the contract.

3. Organizations and individuals engaged in freight transport agency services must notify the local Department of Transport in writing of the following information: address, contact phone number, and a copy of the business registration certificate (or enterprise registration).

Article 60. Cargo Collection Services, Transshipment Services, and Warehouse Services

1. Business registration (or enterprise registration) in accordance with the provisions of the law.

2. To store goods in accordance with the consignor's instructions and must have a contract for cargo collection, transshipment, or warehouse rental with the consignor.

3. Organizations and individuals engaged in cargo collection services, transshipment services, and warehouse services must notify the local Department of Transport in writing of the following information: address, contact phone number, and a copy of the business registration certificate (or enterprise registration).

4. To load goods onto trucks ensuring that the total weight does not exceed the permissible gross vehicle weight for traffic as stated in the vehicle safety and environmental protection inspection certificate.

Article 61. Road Transport Rescue Services

1. Business registration in accordance with the provisions of the law.

2. To ensure traffic safety and labor safety during the rescue process.

3. Organizations and individuals engaged in road transport rescue services must notify the local Department of Transport in writing of the following information: address, contact phone number, and a copy of the business registration certificate (or enterprise registration).

Chapter VI

RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS AND ORGANIZATIONS AND INDIVIDUALS PROVIDING SERVICES IN IMPLEMENTING SERVICE PRICES

Article 62. Vietnam Highway Administration Male

1. Manage the operation of road passenger transport by motor vehicles and supporting services within the entire country according to its authority.

2. Draft and submit to the Ministry of Transport for approval the planning of the network of fixed inter-provincial passenger transport routes.

3. Take the lead and coordinate with the Vietnam Motor Transport Association in compiling and issuing training materials and programs for drivers, service staff on vehicles, and transportation managers at transport businesses; guide, inspect, and supervise training activities.

4. Uniformly print and issue business licenses for road transport, vehicle identification plates, and signs (except for taxi identification plates specific to localities).

5. Establish databases, management software, and websites on road transport by motor vehicles. Specify codes for fixed inter-provincial and intra-provincial passenger transport routes.

6. Apply information technology in managing road transport and supporting services, organize and implement uniformly nationwide. Develop a roadmap and organize the implementation of online public services to handle administrative procedures related to road transport and supporting services.

7. Review and install speed limit signs for two-tier sleeper buses at necessary locations, especially in areas with mountainous terrain and sharp curves on national highways.

8. Inspect, check, and handle violations of road transport business regulations by motor vehicles and supporting services according to the law within its authority.

Article 63. Department of Transport

1. Manage road transport by motor vehicles and supporting services within the locality according to its authority.

2. Report to the Vietnam Highway Administration on the approval of fixed inter-provincial and intra-provincial passenger transport routes.

3. Submit to the provincial People's Committee for approval

a) Planning of the bus passenger transport network, planning of the intra-provincial fixed passenger transport route network; positions of pick-up and drop-off points for fixed route passenger transport on the local road network; planning for the development of taxi passenger transport within the locality.

b) Policies to encourage and provide incentives for passengers traveling by bus and bus passenger transport units within the locality.

c) Economic and technical standards and unit prices for bus passenger transport operations.

4. Approve bus schedules; open, cease operations, adjust routes, and frequency of bus services.

5. Approve the opening of cargo terminals for exploitation.

6. Receive, aggregate, analyze, and utilize mandatory information from vehicle tracking devices provided by transport businesses (or authorized organizations) and from the database of the Vietnam Highway Administration to serve state management of traffic.

7. Establish databases and create websites for managing road transport by motor vehicles in the locality. Organize the implementation of online public services to handle administrative procedures related to road transport by motor vehicles and supporting services.

8. Issue business licenses for road transport by motor vehicles for passenger transport and freight transport businesses within the locality.

9. Manage, issue new, and reissue various types of identification plates and signs according to regulations.

10. Take the lead and coordinate with the local motor transport association (if any) to organize training for transportation managers at local transport units according to regulations.

Direct and supervise training activities and legal provisions for transport operations for commercial transport drivers, service staff on vehicles, and promotional and educational activities to enhance responsibility and professional ethics of drivers organized by local transport businesses according to regulations.

11. Announce the opening of pick-up and drop-off points for fixed route passenger transport within the locality after being approved by the provincial People's Committee before July 1, 2015.

12. Manage the operation of passenger transport by two-tier sleeper buses

a) Inspect and supervise units using two-tier sleeper buses.

b) Review and install speed limit signs for two-tier sleeper buses at necessary locations, particularly in areas with mountainous terrain and small-radius curves on roads managed by the locality.

13. Regulations on the use of passenger transfer vehicles and their operational scope and time within the locality.

14. Inspect, check, and handle violations of road transport business regulations by motor vehicles and supporting services according to the law within its authority.

Article 64. Vietnam Automobile Transport Association Male

1. Organize propaganda, dissemination, and urge member enterprises and cooperatives to comply with the provisions of this Circular.

2. Coordinate with the Vietnam Highway Administration and the Department of Transportation to organize training for transport managers, drivers, and on-board service staff in accordance with regulations.

Chapter VII

IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 65. Reporting System

1. By the tenth day of each month, transport businesses must report their previous month's transport operations to the Department of Transportation. The template for reporting passenger transport results is specified in Appendix 31 of this Circular. The template for reporting cargo transport results is specified in Appendix 32 of this Circular.

2. Annually, in January, the Department of Transportation must report local transport activities to the Vietnam Highway Administration for consolidation and submission to the Ministry of Transportation by February of the same year. The template for reporting transport activity status is specified in Appendix 33 of this Circular.

Article 66. Effective Date

1. This Circular takes effect from January 1, 2015.

2. Repeal the following Circulars: Circular No. 18/2013/TT-BGTVT dated August 6, 2013, issued by the Minister of Transportation, regarding the organization and management of automobile transport activities and road freight support services; Circular No. 23/2014/TT-BGTVT dated June 26, 2014, issued by the Minister of Transportation, amending and supplementing certain articles of Circular No. 18/2013/TT-BGTVT dated August 6, 2013, concerning the organization and management of automobile transport business activities and road freight support services.

3. Types of license plates prescribed in Circular No. 18/2013/TT-BGTVT dated August 6, 2013, issued by the Minister of Transportation, regarding the organization and management of automobile transport activities and road freight support services shall continue to be used until new license plates are issued according to the following schedule:

a) From July 1, 2016, for the "FIXED ROUTE" license plate.

b) From January 1, 2016, for the "TAXI" license plate.

c) From January 1, 2017, for the "CONTRACTUAL" license plate.

d) From July 1, 2017, for the "CONTAINER" license plate.

đ) The "TRANSFER" and "INTERNAL" license plates shall be used from the date this Circular takes effect.

e) The "TRUCK" and "BUS" license plates shall be implemented according to the schedule stipulated in Clause 4, Article 11 of Decree No. 86/2014/NĐ-CP dated September 10, 2014, issued by the Government, concerning business operations and conditions for operating with automobiles.

Article 67. Responsibility for Implementation

1. Competent authorities under the Ministry of Transportation, the Vietnam Highway Administration, and the Department of Transportation have the responsibility to disseminate, guide, urge, inspect compliance with, and handle violations of regulations concerning transport activities and road freight support services.

2. The Director-General of the Vietnam Highway Administration has the responsibility to lead, coordinate with relevant agencies within the transportation sector to direct, urge, and monitor the implementation of this Circular.

3. The Head of the Ministry’s Office, the Head of the Ministry’s Inspectorate, the Heads of Departments, the Directors of Provincial and Municipal Departments of Transportation directly under the Central Government, the Heads of agencies, units, and individuals related to this matter are responsible for implementing this Circular./.