Decision No. 730/1999/QD-BGTVT on the Issuance of the Regulation on the Organization and Management of Bus Passenger Terminals

 DECISION

Regarding the Issuance of the Regulation on the Organization and Management of Bus Terminals

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THE MINISTER OF TRANSPORTATION

Pursuant to Decree 22/CP dated March 22, 1994 of the Government on the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport;

To strengthen state management over bus terminals, protect the lawful rights and interests of vehicle owners and passengers, create a fair business environment among economic sectors participating in public passenger transport, contribute to restoring transport order, and achieve safety, convenience, civility, and efficiency;

Considering the proposal of the Director of the Vietnam Highway Administration and the Head of the Legal Affairs and Transport Department;

DECISION:

Article 1.- The attached Decision hereby promulgates the "Regulation on the Organization and Management of Bus Terminals."

Article 2.- This Decision shall take effect 15 days from the date of signature and replace Decision No. 1277/QĐ-VT dated July 4, 1991 of the Minister of Transport.

Article 3.-. The Director of the Vietnam Highway Administration is responsible for guiding and coordinating with Provincial Departments of Transport (Transport and Public Works) to organize and inspect the implementation of this Decision.

Article 4.- The Heads of the Office of the Ministry, the Heads of the Legal Affairs and Transport Department, the Directors of the Vietnam Highway Administration, the Directors of Provincial Departments of Transport (Transport and Public Works) of centrally governed cities and provinces, and the Heads of agencies and units related to this matter are responsible for implementing this Decision.

REGULATIONS

On the organization and management of bus terminals

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(Issued together with Decision No. 730/1999/QĐ-BGTVT dated March 24, 1999 of the Minister of Transport)

Chapter 1

GENERAL PROVISIONS

Article 1.-

This Regulation sets out basic principles for the organization and management of bus terminals (hereinafter referred to as bus terminals).

Article 2.- Scope and Applicability

- This Regulation applies to all bus terminals nationwide.

- Units managing bus terminals, collectives and individuals involved in public passenger transport (collectively referred to as transport units) with buses operating to pick up and drop off passengers, receive and deliver luggage and consigned goods at bus terminals must comply with the provisions of this Regulation.

Article 3.- Bus Terminal

- It is a place designated for buses to pick up and drop off passengers on multiple routes of passenger transportation; a place where passengers gather to board transport vehicles; a place with a state management unit for road transport.

- It is a part of the road transport infrastructure, located within the overall planning of the province or centrally governed city.

- Bus terminals are constructed in locations convenient for passenger travel, such as near traffic hubs, residential areas, administrative and economic centers, cultural centers, or near transfer points from other modes of transport to road transport and vice versa.

Article 4.-

Bus terminals (or bus terminals) are organized as enterprises under unified management by the transport sector regarding organization and operation. The establishment, operation, dissolution, and bankruptcy of bus terminal enterprises are carried out in accordance with current laws.

Article 5.-

All passenger transport vehicles operating on fixed routes must pick up and drop off passengers, receive and deliver luggage and consigned goods within the terminal area or at designated stops and parking spots approved by the People's Committee of the province or centrally governed city (except when the vehicle is mobilized by a competent state management agency for urgent tasks). Vehicles must depart from the starting terminal and end at the final terminal. They must follow the prescribed route. Deployment of vehicles on routes, number of trips, and operating hours are uniformly implemented according to the operational schedule approved by the Provincial Department of Transport (Transport and Public Works).

Article 6.- In this document, the following terms are understood as follows:

"Bus" refers to motor vehicles running on roads with more than three (3) wheels and operated by a driver.

"Public Passenger Transport Vehicle" refers to buses owned by enterprises that have been authorized by a competent state management agency to engage in public transport and have been issued a public passenger transport permit.

"Passenger Transport Route" is defined by the departure terminal (where the vehicle starts) and the arrival terminal (where the vehicle ends its journey) through fixed stops along the route.

"Parking Spot" is a location designated by the People's Committee of the province or centrally governed city for buses to park while picking up and dropping off passengers. When parked, the engine must be turned off.

"Stop" is a location designated by the People's Committee of the province or centrally governed city for buses to stop while picking up and dropping off passengers. When stopped, the engine must remain on and the driver must stay in the driving seat.

Article 7.- Investment and Construction of Bus Terminals

- The State encourages transport enterprises and economic sectors to jointly invest in building, renovating, and upgrading (hereinafter referred to as construction) bus terminals. The State protects the lawful rights and interests of bus terminal enterprises.

- Bus terminals are designed and constructed according to projects approved by competent authorities. Passenger flow and the number of buses entering and exiting the terminal are the basis for designing the scale of bus terminal construction.

- New construction or renovation and upgrading of existing bus terminals must comply with legal regulations on investment and construction management.

Chapter 2

STATE MANAGEMENT OF BUS TERMINALS

Article 8.-

State management of bus terminals includes the following tasks:

- Strategic, planning, and construction management of bus terminals.

- Issuing regulations on the organization and management of bus terminals.

- Approving design plans and granting permission to operate bus terminals.

- Managing prices and other revenues of bus terminals.

- Issuing service regulations for passengers and policies for passengers.

- Inspecting and supervising activities at bus terminals; inspecting compliance with transport regulations at bus terminals.

Article 9.- Hierarchical Management of Bus Terminals

9.1 Ministry of Transport:

- Issuing legal documents on the organization and management of bus terminal operations throughout the country.

- Inspecting and supervising activities at bus terminals.

9.2 People's Committees of Provinces and Centrally Governed Cities (referred to as Provincial People's Committees):

- Approving planning and construction plans for bus terminals in their province. Deciding on the establishment or dissolution of bus terminal enterprises under their jurisdiction.

- Based on the price and other revenues of the State, prescribe prices and other revenues for activities at bus stations.

- Inspect and audit the implementation of State mechanisms and policies and those of the Ministry of Transport regarding bus stations within the province or city.

9.3 Vietnam Road Administration:

- Be authorized by the Ministry of Transport to perform State management functions over bus stations nationwide.

- Develop or participate in developing mechanisms and policies concerning the organization and management of bus stations to submit to the Minister of Transport for promulgation. The Department is responsible for guiding and organizing inspections of their implementation.

- Submit to the Ministry of Transport and the Government Price Control Board for publication of ceiling prices for activities at bus stations.

9.4 Departments of Transport (Public Works):

- Advise provincial People's Committees on planning the system of bus stations within their jurisdiction. Participate in reviewing when establishing and provide opinions when dissolving bus station enterprises.

- Advise provincial People's Committees on organizing the management of bus stations.

- Supervise the implementation of State regulations and those of the Ministry of Transport related to bus station operations. Direct negotiations on scheduling trips, assigning shifts (crew rotations), and turnaround times.

- Inspect the performance of State management tasks such as order maintenance and environmental sanitation.

Chapter 3

ORGANIZATION OF BUS STATIONS

Article 10.- Models of bus station organization

Depending on characteristics, nature, and scale, bus stations may be organized into one of the following models:

- A single bus station organized as an independent enterprise with legal personality, having accounts and seals according to current laws.

- Multiple bus stations organized as an independent enterprise with legal personality, having accounts and seals according to current laws.

The choice of organizational model is decided by the competent authority.

Article 11.- Organizational structure of bus stations

Bus stations have administrative bodies and support staff depending on their scale, content, and nature of work.

Article 12.- Types of bus stations

According to the type of route operation, bus stations can be classified into the following types:

- Provincial bus station is a station organized to serve public passenger transport vehicles operating on intra-provincial and intra-central city routes.

- Inter-provincial bus station is a station organized to serve public passenger transport vehicles operating on inter-provincial routes.

- Mixed bus station is a station that serves both inter-provincial and intra-provincial public passenger transport vehicles.

Article 13.- Conditions for professional expertise and technical facilities of bus stations

13.1 Professional conditions:

- The head of the bus station must have a professional qualification of at least a college level and more than three years of work experience in the industry.

- Staff members of the bus station must be knowledgeable in their field, trained or experienced in managing the automobile transportation sector.

While performing duties, staff members of the bus station must wear uniform clothing and name badges as prescribed by the Ministry of Transport.

13.2 Technical facility conditions:

13.2.1 Mandatory technical facilities

- Have suitable area allocated for parking lots, waiting rooms, and other auxiliary facilities.

- Have ticket counters serving passengers purchasing tickets for various routes.

- Have a parking lot (hard surface, not muddy, convenient for vehicle entry and exit).

- Have areas for picking up and dropping off passengers.

- Have a guidance sign system (indicating routes, schedules, departure times, fares...).

- Have lighting systems, sanitary facilities, fire protection, and medical services.

- Have roads for vehicles entering and exiting the station.

- Have walls or fences surrounding the bus station, with security personnel.

13.2.2 Additional technical facilities may be provided based on conditions and scale:

- Vehicle maintenance services.

- Fueling stations and car wash facilities.

- Accommodation for drivers and passengers waiting overnight.

- Entertainment and catering services.

- Retail spaces for auto parts and other services.

Article 14.- Duties and powers of bus stations

14.1 Duties of bus stations:

- If authorized by the Department of Transport (Public Works), the head of the bus station shall preside over negotiations between transport enterprises (vehicle owners from various economic sectors) operating at the bus station regarding scheduling trips, assigning shifts (crew rotations), and turnaround times.

- Organize ticket sales for vehicle operators under signed contracts (including baggage and cargo tickets) or for transport units renting space to sell tickets.

- Organize loading and unloading of luggage and goods, including bicycles and motorcycles, and organize parking of vehicles within the station.

- Organize service activities for passengers and drivers, and technical services for transport vehicles.

- Coordinate with local authorities and relevant State management agencies to ensure order, security, aesthetics, and environmental sanitation within the station.

- Bring vehicles into the station for passenger boarding according to the negotiation record of vehicle owners participating in the route and the operational schedule approved by the Department of Transport (Public Works).

Bus stations authorized by State management agencies may perform the following tasks:

+ Inspect compliance with passenger transport regulations by motor vehicles operating at bus stations.

+ Inspect procedures and documents of vehicles and drivers according to current regulations when operating at bus stations.

+ Directly handle preferential benefits for passengers traveling by bus as stipulated by the State and the Ministry of Transport.

14.2 Powers of bus stations:

- Bus stations have the right to enter into contracts with transport units that have legitimate transport business procedures and are permitted by specialized State management agencies of the Ministry of Transport; if authorized by the transport unit, the bus station may act on behalf of the transport unit to enter into contracts with other bus stations.

The contract reflects the basic commitments between the bus station and the transport unit on aspects such as ensuring the number of trips, vehicle running hours, quality of means of transport, passenger transport fare, station service fee, ticket selling methods, measures to attract passengers, hygiene order, service attitude, etc.

The contract agrees on administrative and economic reward and penalty conditions between the parties signing it.

The contract mentioned above only applies to bus stations with full legal person status operating independently. The contract is valid for one year. If the two parties do not submit a request to change the contract sixty days before its expiration date, the contract will automatically be valid for the following year.

- Sign to confirm the departure time of vehicles from the station.

- The passenger bus station has the right to refuse entry to the station for passenger boarding for vehicles that do not meet service standards, drivers violating internal regulations, and service rules.

- The passenger bus station has the right to propose and cooperate with relevant authorities: traffic inspectors, local authorities to fulfill assigned tasks. Record statements for drivers who depart late, fail to ensure the number of trips registered, carry overloaded cargo, smuggled goods, prohibited items, flammable and explosive substances, and have an uncivilized and impolite service attitude towards passengers.

- The passenger bus station has the right to require other transport units to arrange replacement vehicles for those that are out of service or do not meet technical standards or drivers who violate the bus station's regulations.

Article 15.-

- The passenger bus station organizes various ticket-selling methods to facilitate passengers (such as selling tickets at the station, selling tickets in concentrated residential areas, selling tickets via telephone, delivering tickets to passengers' homes, and picking up passengers at the bus station).

- Transport units may organize ticket-selling points in areas approved by the Department of Transportation (Public Works). The passenger bus station is responsible for guiding passengers with tickets purchased from transport units to board the correct vehicle.

- Ticket-selling points outside the passenger bus station (of the bus station or transport units) must provide information about the bus station for overall management and vehicle transportation arrangement.

Article 16.- Operating procedures of the passenger bus station

The operation of the passenger bus station includes the following two main procedures:

16.1 Procedure 1: buses entering the station to drop off passengers.

- Guide buses to designated positions to drop off passengers.

- Guide passengers to disembark and purchase continuation tickets (if required).

- Organize loading and unloading of luggage and consigned goods for passengers.

- Receive or deliver consigned goods (if applicable).

- Process registration for passengers transferring to connecting services (if they are interline passengers).

- Guide buses to designated positions for cleaning and safety checks.

- Guide buses to waiting positions.

16.2 Procedure 2: buses departing from the station.

- Process registration for buses to enter the station for passenger boarding.

- Provide information and guide passengers to ticket counters, sell tickets to passengers (including luggage and goods), and transfer interline passengers according to requirements.

- Guide drivers to position buses for passenger boarding.

- Control passenger tickets and luggage when exiting the gate to board the bus.

- Prepare transportation documents and sign to confirm the departure time of the bus.

Article 17.- Revenue and expenditure of the passenger bus station.

17.1 Revenue of the passenger bus station includes:

- Revenue from ticket sales: a percentage of the total tickets sold for trips departing from the station.

- Revenue from vehicles entering and leaving the station.

- Revenue from overnight parking of various types of buses within the station.

- Revenue from loading and unloading, receiving and delivering luggage and consigned goods (including bicycles and motorcycles).

- Revenue from other services such as fuel, technical maintenance, and meals and lodging for drivers and assistants (if applicable).

- Other income.

The aforementioned revenues (excluding service revenue and miscellaneous revenue) are subject to maximum price levels set by the National Bus Station Management Agency, with specific rates determined by provincial or municipal competent authorities.

17.2 Expenditure of the passenger bus station:

Expenditures and expenditure levels are implemented in accordance with current laws.

Chapter 4

ESTABLISHMENT AND CANCELLATION OF PASSENGER BUS STATIONS

Article 18.- Establishment and cancellation of passenger bus stations

18.1 Establishment of passenger bus stations

Passenger bus stations must be constructed in accordance with approved planning. If not included in the plan, they must be supplemented and submitted for approval by the competent authority. The application procedures are prepared by the unit, reviewed by the Department of Transportation (Public Works), and decided upon by the Provincial People's Committee in accordance with current laws on investment and construction management.

The establishment file for new passenger bus stations includes:

- Application for opening a passenger bus station

- Project on establishing the bus station detailing the following contents:

+ Survey data on passenger travel demand and the number of vehicles passing through the station.

+ Data on capital and sources of investment.

+ Plan for organizing and managing the operation of the passenger bus station.

- Design project for constructing the passenger bus station.

- Certificate of land use rights at the location of the passenger bus station.

- Regulations on the organization and operation of the passenger bus station.

- Decision on establishment and business registration certificate.

Upon completion of the new passenger bus station, the Department of Transportation (Public Works) notifies related transport units and the public fifteen days in advance (through mass media).

18.2 Cancellation of passenger bus stations

When a passenger bus station does not meet the travel needs of the people in the region (economic zone or residential area) or to ensure political security and social order, the station management unit prepares a document explaining the reasons and submits it to the competent state management authority for a decision to cancel the passenger bus station.

Upon receipt of the cancellation decision, the station management unit proceeds with necessary procedures in accordance with current regulations and notifies related transport units and the public fifteen days in advance (through mass media).

Based on Article 13, the Department of Transportation (Public Works) inspects operating bus stations according to station standards.

Chapter 5

INSPECTION AND HANDLING OF VIOLATIONS

Article 19.-

Departments of Transportation (Public Works) base on the content of this Regulation, coordinate with all levels of government and relevant functional agencies to regularly inspect and handle administrative violations of passenger bus stations established contrary to the provisions of this Regulation.

Departments of Transportation (Public Works) direct traffic inspection forces to check vehicle parking and pick-up outside the station and departure orders at parking points and within the station area.

Article 20.-

All inspections of vehicles, drivers, passengers, luggage, and consigned goods must be conducted at the bus station (prior to the departure time of the vehicle). In cases where it is necessary to detain the automobile, the driver, and the bus station, they must inform the passengers and arrange for them to wait in a resting area. If the delay exceeds sixty minutes, the head of the bus station shall be responsible for arranging alternative transportation to serve passengers traveling on the route for which tickets have been sold.

The party causing the delay resulting in damages shall bear all costs arising therefrom.

Article 21.-

Any violations of this regulation and other relevant provisions concerning bus stations shall be handled according to current laws.