Decree No. 86/2014/ND-CP on Business Operations and Conditions for Operating Road Passenger Transport Services Using Motor Vehicles

DECREE

Regarding business operations and conditions for operating road passenger and cargo transportation using motor vehicles

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Law on Cooperatives dated November 20, 2012;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to the Tourism Law on June 14, 2005;

Pursuant to the Enterprise Law dated November 29, 2005;

Pursuant to the Law on the Elderly dated November 23, 2009;

Pursuant to the Law on Persons with Disabilities dated June 17, 2010;

At the proposal of the Minister of Transport,

||| 1. Transportation businesses include enterprises, cooperatives, and individual households conducting transportation business using motor vehicles.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the business operations, business conditions, and issuance of the Road Passenger and Cargo Transportation Business License using motor vehicles.

Article 2. Applicability

||| 3. Fixed route is a passenger transportation route announced by the competent authority, defined by the journey, schedule, departure bus station, and arrival bus station (starting point and endpoint for bus routes).

Article 3. Interpretation of Terms

The following terms shall be understood as follows:

1. Operating road transportation using motor vehicles means utilizing motor vehicles to transport goods and passengers on roads with the purpose of generating profit, including direct-paying transportation services and non-direct-paying transportation services.

2. Direct-paying transportation service operation means conducting transportation business using motor vehicles where the transportation business entity provides transportation services and directly collects transportation fees from customers.

3. Non-direct-paying transportation service operation means conducting transportation business using motor vehicles where the transportation business entity simultaneously performs at least one additional process in the production-to-consumption chain of products or services and collects transportation fees through revenue from those products or services.

4. Transportation business entity means enterprises, cooperatives, or individual businesses participating in operating road transportation using motor vehicles.

5. Fixed route means a passenger transportation route approved and announced by competent authorities, defined by the journey, departure station, arrival station (starting point and end point for buses) consistent with the approved network planning.

6. Internal personnel transportation means transportation activities conducted by entities using motor vehicles with nine seats or more to regularly transport their staff, employees, workers, or students between their residences and workplaces or educational institutions.

7. Passenger transfer transportation means transportation activities organized by enterprises or cooperatives engaged in fixed-route passenger transportation to pick up passengers at bus stations, designated pick-up points, or drop-off points along the route.

8. Designated load capacity of motor vehicles means the maximum number of people and cargo weight that the vehicle can carry according to the manufacturer's specifications.

9. Permitted load capacity of motor vehicles means the maximum number of people and cargo weight that the vehicle is allowed to carry without exceeding its designated load capacity, when operating on roads as prescribed by the Ministry of Transport.

10. Transportation manager means the legal representative of the transportation business entity or a person assigned in writing by the legal representative of the transportation business entity to directly oversee transportation business operations.

11. Bus terminal (passenger terminal) means a structure within the road traffic infrastructure serving motor vehicles to pick up and drop off passengers and provide supporting transportation services for passengers.

12. Cargo terminal (cargo station) means a structure within the road traffic infrastructure serving motor vehicles to load and unload cargo and provide supporting services for other cargo transportation activities as prescribed.

13. Rest stop is a structure within the road traffic infrastructure serving people and vehicles to stop and rest during road traffic participation.

Chapter II

REGULATIONS IN TRANSPORTATION BUSINESS OPERATIONS

ROAD PASSENGER AND CARGO TRANSPORTATION USING MOTOR VEHICLES

Article 4. Passenger transportation by bus on fixed routes

1. Enterprises and cooperatives holding a Road Passenger Transportation Business License using motor vehicles may register to operate on routes within the planning framework and obtain approval from the route management authority.

2. Fixed inter-provincial passenger transportation routes with a distance of 300 kilometers or more must start and end at bus terminals from Class 1 to Class 4 or Class 5 bus terminals located in poor districts as defined by the Government.

3. Route management includes:

a) Developing, announcing, and implementing the network planning;

b) Establishing and announcing the timetable for running vehicles on the route, announcing the route put into operation, approving route operation, adjusting frequency of runs;

c) Monitoring, compiling the operational situation of enterprises, cooperatives, and bus terminals on the route; statistics on passenger volume, forecasting passenger travel demand on the route;

d) Inspecting, supervising, and handling violations related to managing transportation business operations along the route in accordance with regulations.

4. Enterprises and cooperatives must sign contracts with passenger bus terminal business entities and organize transportation according to the approved route exploitation plan; they may request adjustments in frequency or cessation of operations on the route as prescribed.

5. Passenger bus terminal business entities provide supporting transportation services for enterprises and cooperatives engaged in fixed-route passenger transportation; inspect and confirm the conditions of motor vehicles and drivers before allowing them to depart from the terminal.

Article 5. Bus passenger transport business

Clause 1. The bus passenger transport business shall be carried out on fixed routes according to schedules that comply with the bus passenger transport route network planning approved by competent authorities.

Clause 2. A bus route shall not exceed two contiguous provinces; in cases where the starting point or endpoint of the bus route is within a special-class city, it shall not exceed three provinces or cities.

Clause 3. Bus routes shall have pick-up and drop-off points. The maximum distance between two consecutive pick-up and drop-off points within urban areas is 700 meters, while in suburban areas, it is 3,000 meters.

Clause 4. The maximum time interval between consecutive bus trips on urban and downtown routes is 30 minutes; for other routes, it is 60 minutes. The minimum operating time of a route in a day shall not be less than 12 hours; specifically, for bus routes with endpoints located in airport areas, the operation schedule must align with the airport's operational times.

Clause 5. The People's Committee of the province or centrally governed city (hereinafter referred to as the Provincial People's Committee) shall coordinate with relevant provincial People's Committees to approve and announce the route network planning; construct and manage infrastructure serving bus operations; announce routes, fares (for subsidized buses), and state policies encouraging the development of bus passenger transport services; stipulate and organize the procurement and bidding for the exploitation of bus routes within the planning framework.

Clause 6. The Provincial People's Committee shall coordinate with the Ministry of Transport before approving the operation of bus routes with endpoints located in airport areas.

Article 6. Taxi passenger transport services

Clause 1. Taxi passenger transport business involves transporting passengers based on their travel routes and schedules, with fares calculated based on the meter reading reflecting kilometers driven and waiting time.

Clause 2. The vehicle must have a fixed roof-mounted light box displaying the word "TAXI".

Clause 3. As of July 1, 2016, taxis must be equipped with a ticket printer connected to the onboard meter; drivers must print and provide tickets to passengers.

Clause 4. The Provincial People's Committee shall develop plans for the development of taxi passenger transport services; manage taxi transport activities, and construct and manage parking spots for taxis within their jurisdiction.

Article 7. Passenger transport services under contracts

Clause 1. Contract-based passenger transport business refers to non-fixed route transport services conducted pursuant to written transport contracts between transport service providers and transport lessees.

Clause 2. When conducting contract-based passenger transport, drivers must carry the original or copy of the transport contract and a list of passengers confirmed by the transport company (except for vehicles used for funerals or weddings).

Clause 3. As of July 1, 2015, for vehicles designed to carry ten or more passengers, transport service providers must notify the Department of Transport at the location where the transport business license was issued about basic trip information including: itinerary, number of passengers, pick-up and drop-off points, and contract execution time before implementing the contract.

Clause 4. Apart from emergency rescue operations for traffic accident victims and urgent tasks such as disaster relief and enemy threats as required by functional forces, contract-based passenger transport vehicles may not pick up or drop off passengers outside the locations specified in the contract.

Clause 5. No tickets or reservations for passengers traveling on vehicles shall be sold under any form.

Article 8. Operating tourist passenger transport by motor vehicles

Clause 1. Tourist passenger transport business refers to non-fixed route transport services conducted according to tour programs and must be based on written tourist transport contracts between transport service providers and tourism or travel agencies.

Clause 2. When conducting tourist passenger transport, drivers must carry the tourist transport contract or travel contract (original or certified copy) and the tour program and passenger list.

Clause 3. As of July 1, 2015, for vehicles designed to carry ten or more passengers, transport service providers must notify the Department of Transport at the location where the transport business license was issued about basic trip information including: itinerary, number of passengers, pick-up and drop-off points, and contract execution time before implementing the tourist transport contract or travel contract.

Clause 4. Apart from emergency rescue operations for traffic accident victims and urgent tasks such as disaster relief and enemy threats as required by functional forces, tourist passenger transport vehicles may not pick up or drop off passengers outside the locations specified in the contract.

Clause 5. No tickets or reservations for passengers traveling on vehicles shall be sold under any form.

Clause 6. Tourist passenger transport vehicles are prioritized for parking and stopping at bus stations, train stations, airports, ports, tourist sites, accommodation facilities, and tourist attractions as prescribed by the Provincial People's Committee.

Clause 7. The Ministry of Transport shall lead and coordinate with the Ministry of Culture, Sports, and Tourism to establish regulations for tourist passenger transport by motor vehicles and issue, renew, or revoke identification signs for tourist passenger transport vehicles.

Article 9. Business of transporting goods by motor vehicles

Clause 1. Light truck cargo transport business involves using motor vehicles with a load capacity of up to 1,500 kilograms to transport goods, with the transport lessee paying the driver based on the meter reading. The exterior sides or doors of the vehicle must display the words "TAXI TẢI", contact phone number, and the name of the transport service provider.

Clause 2. Oversize and overweight cargo transport business:

Point a. Oversize and overweight cargo transport business involves using suitable motor vehicles to transport goods whose dimensions or weight exceed regulations but cannot be disassembled.

Point b. When transporting oversize and overweight cargo, the driver must carry the permit for movement issued by the competent authority.

3. Hazardous goods transportation business is the use of motor vehicles to transport goods containing dangerous substances that may cause harm to human life, health, the environment, national security, and safety during transportation. The hazardous goods transportation business must have a Dangerous Goods Transportation Permit issued by the competent authority.

4. Containerized cargo transportation business is the use of tractor-trailers or semi-trailers to transport containers.

5. General cargo transportation business is any form of cargo transportation business other than those specified in Clauses 1, 2, 3, and 4 of this Article.

6. Cargo transportation businesses shall be responsible for loading goods onto motor vehicles in accordance with the regulations of the Ministry of Transport.

7. The People's Committee of the province shall develop and publish the plan for cargo terminals and cargo pick-up and delivery points within their local area.

Article 10. Limitation of Liability for Compensation for Damaged, Lost, or Shortage of Goods in Freight Transportation Business

1. Compensation for damaged, lost, or missing goods shall be carried out according to the transportation contract or through agreement between the transportation business operator and the transportation service user.

2. In cases where the transportation contract does not specify compensation for damaged, lost, or missing goods due to the fault of the cargo transportation business operator and both parties cannot agree on the amount of compensation, the cargo transportation business operator shall compensate the transportation service user at a rate of seventy thousand (70,000) Vietnamese dong per kilogram of lost goods, except in cases where there is a different decision by the Court or arbitration.

Article 11. Provisions for drivers, transportation managers, and motor vehicles engaged in transportation business operations

1. Drivers engaged in transportation business operations must meet the following requirements:

a) Must be enrolled in social insurance and medical insurance by the transportation business operator in accordance with the regulations;

b) Must undergo regular health check-ups and obtain a Certificate in accordance with the regulations of the Ministry of Health;

c) Must be trained in professional skills and legal regulations governing transportation activities in accordance with the regulations of the Ministry of Transport.

2. Transportation managers of enterprises and cooperatives must meet the following requirements:

a) Shall not work simultaneously at another agency or unit;

b) Shall not be direct labor driving vehicles or serving staff on the transportation business operator's motor vehicles;

c) Shall be trained in accordance with the regulations of the Ministry of Transport.

3. Motor vehicles engaged in transportation business operations must meet the following requirements:

a) Motor vehicles engaged in fixed-route passenger transportation, taxis, buses, contractual passenger transportation, container transportation, tractor-trailers pulling trailers or semi-trailers, and cargo transportation must be equipped with identification plates; motor vehicles engaged in tour passenger transportation must be equipped with signs in accordance with the regulations of the Ministry of Transport;

b) Motor vehicles must be maintained, repaired, and have logbooks recording their operational activities in accordance with the regulations of the Ministry of Transport;

c) All required information must be posted on the vehicle in accordance with the regulations of the Ministry of Transport;

d) The People's Committee of the province shall specify the color scheme for taxis within their jurisdiction.

4. For types of vehicles not yet equipped with identification plates before this Decree takes effect, the installation of identification plates shall be carried out according to the following schedule:

a) Before July 1, 2015, for buses, tractor-trailers pulling trailers or semi-trailers engaged in transportation business operations;

b) Before January 1, 2016, for motor vehicles engaged in cargo transportation business operations with a design load capacity of 10 tons or more;

c) Before July 1, 2016, for motor vehicles engaged in cargo transportation business operations with a design load capacity from 7 tons to less than 10 tons;

d) Before January 1, 2017, for motor vehicles engaged in cargo transportation business operations with a design load capacity from 3.5 tons to less than 7 tons;

đ) Before July 1, 2018, for motor vehicles engaged in cargo transportation business operations with a design load capacity under 3.5 tons.

Article 12. Provisions on the establishment and implementation of traffic safety procedures in automobile transportation activities

1. Transportation business units using automobiles, passenger bus stations, cargo bus stations must establish and implement traffic safety procedures appropriate to their types of business operations according to the following timeline:

a) Passenger transportation businesses operating fixed routes, buses, taxis, container transportation; passenger bus stations: From July 1, 2015;

b) Contract-based passenger transportation businesses, tourist transportation businesses; transportation businesses using tractor-trailers, semi-trailers, automobiles with a designed load capacity of 10 tons or more; cargo bus stations: From July 1, 2016;

c) Cargo transportation businesses using automobiles with a designed load capacity of 7 to less than 10 tons: From January 1, 2017;

d) Cargo transportation businesses using automobiles with a designed load capacity of less than 7 tons: From July 1, 2019.

2. Traffic safety procedures must clearly reflect the following contents:

a) For transportation business units: Procedures for checking traffic safety conditions of automobiles and automobile drivers before commencing commercial transportation journeys; maintenance and repair systems for transportation automobiles; labor organization systems for transportation drivers; inspection and supervision systems for automobile and driver activities during commercial transportation journeys; accident handling plans when traffic accidents occur during transportation activities; reporting systems regarding traffic safety for drivers and transportation managers;

b) For passenger bus station and cargo bus station business units: Procedures for checking traffic safety conditions of automobiles, automobile drivers, cargo, and passenger luggage before departure from the station; inspection and supervision systems for automobile and driver activities within the station area; reporting systems regarding traffic safety.

3. The Ministry of Transport shall provide detailed regulations on the establishment and implementation of traffic safety procedures in automobile transportation activities and the timeline for applying traffic safety procedures at automobile bus stations.

Chapter III

CONDITIONS FOR AUTOMOBILE TRANSPORTATION BUSINESS

Article 13. General Conditions for Automobile Transportation Business

Transportation business units must meet the following conditions:

1. Registering for automobile transportation business in accordance with the provisions of the law.

2. Means of transport must ensure quantity and quality appropriate to the form of business, specifically:

a) When conducting transportation business, there must be sufficient means of transport according to the approved business plan; the means of transport must belong to the ownership of the transportation business unit or be legally used under a contract between the transportation business unit and a financial leasing organization or an entity or individual authorized to lease assets according to the law.

In cases where vehicles registered belong to cooperative society members, there must be a service contract between the member and the cooperative society, stipulating that the cooperative society has the right, responsibility, and obligation to manage, use, and operate vehicles owned by the cooperative society member;

b) Automobiles must ensure technical safety and environmental protection;

c) Vehicles must be equipped with vehicle tracking devices as prescribed in Article 14 of this Decree.

3. Drivers and crew members on board:

a) Drivers cannot be individuals currently prohibited from practicing their profession according to the law;

b) Drivers and crew members on board must have written labor contracts with the transportation business unit according to the model provided by the Ministry of Labor, Invalids, and Social Affairs (except in cases where they are simultaneously household business owners or parents, spouses, or children of household business owners);

c) Crew members on board must be trained in their duties and legal regulations concerning transportation activities as prescribed by the Ministry of Transport. Crew members on board tourist transportation vehicles must also be trained in tourism duties according to relevant laws on tourism.

4. Transportation managers must have a professional qualification in transportation at the intermediate level or higher, or a qualification at the college level or higher in other economic or technical fields, and must have continuously worked at the transportation unit for three years or more.

5. Parking places: Transportation business units must have parking places suitable for their business plans and ensuring requirements for traffic safety, fire prevention, and environmental hygiene as prescribed by the law.

6. Regarding organization and management:

a) Transportation business units with vehicles required to be equipped with vehicle tracking devices must be equipped with computers, network connections, and must monitor and process information received from vehicle tracking devices;

b) Transportation business units must allocate sufficient drivers according to the business plan, be responsible for organizing health examinations for drivers, and use drivers who meet health standards as prescribed; for passenger transportation vehicles with a designed seating capacity of 30 seats or more (including standing and sleeping positions), there must be crew members on board (except for contract vehicles transporting employees, students, and buses equipped with devices to replace crew members);

c) Enterprises and cooperatives engaged in fixed-route passenger transportation, bus transportation, taxi transportation, and container transportation must have departments managing and monitoring traffic safety conditions;

d) Enterprises and cooperatives engaged in fixed-route passenger transportation, bus transportation, and taxi transportation must register and implement passenger transportation service quality standards.

Article 14. Vehicle Telematics Devices

1. Passenger-carrying commercial vehicles, container-carrying commercial vehicles, tractor-trailers, and semi-trailers engaged in commercial transportation must be equipped with telematics devices; these devices must ensure good technical condition and operate continuously during the time the vehicle is on the road.

2. The telematics device of the vehicle must meet the following minimum requirements:

a) Storing and transmitting information as prescribed by the Ministry of Transport;

b) Information from the telematics device of the vehicle shall be used for state management of transportation activities, management of the operations of commercial transportation enterprises, and provided to the police and inspection agencies upon request.

3. For types of vehicles that have not been installed with telematics devices before this Decree takes effect, the installation of telematics devices shall be carried out according to the following schedule:

a) Before July 1, 2015, for taxis, tractor-trailers, and semi-trailers engaged in commercial transportation.

b) Before January 1, 2016, for motor vehicles engaged in cargo transportation business operations with a design load capacity of 10 tons or more;

c) Before July 1, 2016, for motor vehicles engaged in cargo transportation business operations with a design load capacity from 7 tons to less than 10 tons;

d) Before January 1, 2017, for motor vehicles engaged in cargo transportation business operations with a design load capacity from 3.5 tons to less than 7 tons;

đ) Before July 1, 2018, for motor vehicles engaged in cargo transportation business operations with a design load capacity under 3.5 tons.

Article 15. Conditions for Operating Fixed Route Passenger Transportation Services

1. Enterprises and cooperatives must satisfy all conditions stipulated in Article 13 of this Decree.

2. Commercial passenger-carrying vehicles must provide priority seating for persons with disabilities, elderly people, and pregnant women according to the following schedule:

a) Vehicles registering for the first time to operate commercial transportation services: From January 1, 2016;

b) Vehicles currently operating: From July 1, 2017.

3. Passenger-carrying vehicles with a permitted load capacity of 10 passengers or more must have the following service life:

a) For distances over 300 kilometers: Not exceeding 15 years for passenger-carrying vehicles produced for such purpose; from January 1, 2016, vehicles converted from other types of vehicles to passenger-carrying vehicles shall not be used;

b) For distances up to 300 kilometers: Not exceeding 20 years for passenger-carrying vehicles produced for such purpose; not exceeding 17 years for vehicles converted from other types of vehicles to passenger-carrying vehicles before January 1, 2002.

4. As of July 1, 2016, enterprises and cooperatives operating fixed route passenger transportation services over 300 kilometers must have a minimum number of vehicles as follows:

a) For units headquartered in centrally-administered cities: At least 20 vehicles;

b) For units headquartered in other regions: At least 10 vehicles; specifically, for units headquartered in poor districts as defined by the Government: At least 5 vehicles.

Article 16. Conditions for Operating Bus Passenger Transportation Services

1. Enterprises and cooperatives must satisfy all conditions stipulated in Article 13 and Clause 2 of Article 15 of this Decree.

2. Buses must have a capacity of at least 17 passengers. The position, number of seats, standing space for passengers, and other technical regulations for buses are set forth in technical standards issued by the Ministry of Transport. For bus passenger transportation services on routes that must pass through bridges with a permissible weight limit of 5 tons or less, or where more than 50% of the route is classified as fourth-class roads or lower (or urban roads with a width of 7 meters or less), vehicles with a design load capacity of 12 to under 17 passengers may be used.

3. Buses must comply with the service life provisions set forth in Point b of Clause 3 of Article 15 of this Decree; they must have a distinctive color registered with the route management authority, except where the provincial People's Committee has specific regulations regarding the color of buses in their jurisdiction.

4. As of July 1, 2016, enterprises and cooperatives operating bus passenger transportation services must have a minimum number of vehicles as follows:

a) For units headquartered in centrally-administered cities: At least 20 vehicles;

b) For units headquartered in other regions: At least 10 vehicles; specifically, for units headquartered in poor districts as defined by the Government: At least 5 vehicles.

Article 17. Conditions for Operating Passenger Taxi Transport Services

1. Enterprises and cooperatives must meet all conditions prescribed in Article 13 of this Decree (excluding Point c Clause 3 Article 13).

2. A taxi must have a seating capacity of up to nine seats (including the driver).

3. The service life of a taxi shall not exceed eight years in special-class cities; twelve years in other localities.

4. The vehicle must be equipped with a fare meter that has been inspected and sealed by the competent authority on measurement.

5. Enterprises and cooperatives operating passenger taxi transport services must register and implement distinctive markings (logos) that do not overlap with previously registered logos of taxi transport service operators and provide transaction phone numbers for vehicles under their unit.

6. Enterprises and cooperatives operating passenger taxi transport services must establish and maintain a dispatch center, register communication frequencies, and have communication devices between the center and vehicles under their unit.

7. As of January 1, 2016, enterprises and cooperatives operating passenger taxi transport services must have a minimum of ten taxis; specifically, in special-class cities, they must have a minimum of fifty taxis.

Article 18. Conditions for Operating Contractual Passenger Transport Services and Tourist Passenger Transport Services by Motor Vehicles

1. Transport enterprises must meet all conditions prescribed in Article 13 of this Decree.

2. Motor vehicles for tourist passenger transport must have a service life not exceeding fifteen years; motor vehicles converted for different purposes may not be used for tourist passenger transport.

3. Motor vehicles for contractual passenger transport must comply with the service life regulations stipulated in Points a and b Clause 3 Article 15 of this Decree.

4. As of January 1, 2017, transport enterprises operating contractual passenger transport services and tourist passenger transport enterprises transporting passengers over a distance of three hundred kilometers or more must have a minimum number of vehicles as follows:

a) For units headquartered in centrally-administered municipalities: Ten vehicles or more;

b) For units headquartered in other localities: Five vehicles or more; specifically, for units headquartered in poor counties as defined by the Government: Three vehicles or more.

5. Tourist passenger transport enterprises using motor vehicles, in addition to meeting the conditions prescribed in this Decree, must also comply with relevant laws on tourism.

Article 19. Conditions for Operating Freight Transport Services

1. Freight transport enterprises must meet all conditions prescribed in Article 13 of this Decree.

2. As of July 1, 2017, enterprises and cooperatives operating freight transport services using containers; units operating freight transport services using tractor-trailers, semi-trailers, and motor vehicles transporting goods over a distance of three hundred kilometers or more must have a minimum number of vehicles as follows:

a) For units headquartered in centrally-administered municipalities: Ten vehicles or more;

b) For units headquartered in other localities: Five vehicles or more; specifically, for units headquartered in poor counties as defined by the Government: Three vehicles or more.

Chapter IV

ISSUING LICENSES FOR MOTOR VEHICLE TRANSPORT OPERATIONS

Article 20. Issuing Licenses for Motor Vehicle Transport Operations

1. Enterprises and units engaged in passenger transport and cargo transport must have a Business License for Road Transport by Motor Vehicles (hereinafter referred to as the Business License).

2. For types of transport operations not yet licensed before the effective date of this Decree, the issuance of licenses will be carried out according to the following schedule:

a) Before July 1, 2015, for tractor-trailers and semi-trailers engaged in freight transport (excluding motor vehicles engaged in containerized freight transport);

b) Before January 1, 2016, for motor vehicles engaged in cargo transportation business operations with a design load capacity of 10 tons or more;

c) Before July 1, 2016, for motor vehicles engaged in cargo transportation business operations with a design load capacity from 7 tons to less than 10 tons;

d) Before January 1, 2017, for motor vehicles engaged in cargo transportation business operations with a design load capacity from 3.5 tons to less than 7 tons;

đ) Before July 1, 2018, for motor vehicles engaged in cargo transportation business operations with a design load capacity under 3.5 tons.

3. The contents of the business license include:

a) Name and address of the business unit;

b) Business registration certificate including: Number, date, month, year, issuing authority;

c) Legal representative;

d) Forms of business operation;

d) Validity period of the business license;

e) Issuing authority of the business license.

4. The business license is valid for seven years and will be reissued if the business license is lost, damaged, or there is a change related to the content of the business license or the business license expires. In cases where the reissue is due to changes in the content of the business license, the validity period of the new business license shall not exceed the validity period of the previously issued business license.

5. Units granted a business license must be periodically evaluated regarding their maintenance of conditions for operating motor vehicle transport services as prescribed by the Ministry of Transport.

6. The competent authority to issue business licenses is the Department of Transport of provinces and centrally-administered municipalities.

7. The Ministry of Transport will specify the format of the business license.

Article 21. Documents for Application to Issue and Reissue Business License

1. Documents for Application to Issue Business License include:

a) An application form for Business License according to the model prescribed by the Ministry of Transport;

b) A certified copy (or a copy accompanied by the original for verification) of the Business Registration Certificate;

c) A certified copy (or a copy accompanied by the original for verification) of the qualification certificates of the persons directly managing transportation operations;

d) The business plan for automobile transportation operations as prescribed by the Ministry of Transport;

đ) Decision on establishment and regulations on functions and tasks of the management unit overseeing traffic safety conditions (for enterprises and cooperatives operating fixed-route passenger transport, bus passenger transport, taxi passenger transport, container cargo transport);

e) Service quality registration form (for enterprises and cooperatives operating fixed-route passenger transport, bus passenger transport, taxi passenger transport).

2. Documents for Application to Reissue Business License due to changes in the contents of the Business License include:

a) An application form for reissuing Business License stating clearly the reasons for requesting reissue according to the model prescribed by the Ministry of Transport;

b) Previously issued Business License;

c) Documentation proving the changes in the contents recorded in the Business License as stipulated in Clause 3, Article 20 of this Decree (supplementing documentation related to the changed content);

3. Documents for Application to Reissue Business License due to expiration of the Business License include:

a) An application form for reissuing Business License according to the model prescribed by the Ministry of Transport;

b) Previously issued Business License;

c) The business plan for automobile transportation operations as prescribed by the Ministry of Transport.

4. Documents for Application to Reissue Business License due to loss or damage of the Business License include:

a) An application form for reissuing Business License according to the model prescribed by the Ministry of Transport;

b) Damaged Business License (in case of damage) or a document with confirmation from the Police Station where the transportation business entity reported the loss of the Business License.

Article 22. Procedures for Issuance and Reissuance of Business License

1. Procedure for issuance of the Business License:

a) The transportation business entity submits one set of application documents for Business License to the issuing authority via postal service or directly at the issuing authority's office.

In cases where the documents need to be supplemented or amended, the issuing authority will notify the transportation business entity directly or in writing about the required supplements or amendments within three working days from the date of receipt of the documents;

b) Within five working days from the date of receiving complete and compliant documents, the issuing authority will review the documents, issue the Business License, and approve the accompanying business plan. If the Business License is not issued, the issuing authority must respond in writing and specify the reasons;

c) The submission of documents and issuance of results shall be conducted at the authority's office or through postal service.

2. Procedures for Reissuance of Business License in cases of damage, changes related to the contents of the Business License, or expiration of the Business License shall be carried out as if it were the initial issuance.

3. Procedures for Reissuance of Business License in cases of loss:

a) The transportation business entity submits one set of application documents for reissuing Business License to the issuing authority via postal service or directly at the issuing authority's office.

In cases where the documents need to be supplemented or amended, the issuing authority will notify the transportation business entity directly or in writing about the required supplements or amendments within three working days from the date of receipt of the documents;

b) Within thirty working days from the date of receiving complete and compliant documents, the issuing authority will verify and reissue the Business License. If the Business License is not reissued, the issuing authority must respond in writing and specify the reasons;

c) The submission of documents and issuance of results shall be conducted at the authority's office or through postal service.

Article 23. Revocation of Business License

1. A business unit shall have its Business License revoked indefinitely if it commits any of the following violations:

a) Intentionally providing false information in the application dossier for the Business License;

b) Not engaging in transport business for six months from the date of issuance of the Business License or ceasing transport business continuously for six months;

c) Operating a transportation service type not in accordance with the Business License;

d) Having been previously revoked a time-limited Business License but still failing to rectify the violations that led to such revocation upon expiration of the revocation period;

đ) Being subject to revocation of a time-limited Business License twice within one year or three times during the usage period of a time-limited Business License;

e) Going bankrupt or being dissolved;

g) Within one year, more than 50% of the operating vehicles are involved in traffic accidents caused by driver violations;

h) Within three years, repeatedly violating business conditions for automobile transportation services and causing particularly serious consequences from traffic accidents.

2. A business unit shall have its Business License revoked for one to three months if it commits any of the following violations:

a) During continuous operation for three months, more than 20% of the vehicles have their operating signs and license plates revoked;

b) More than 20% of the operating vehicles are penalized by authorities for overloading or more than 20% are penalized for failing to meet technical standards;

c) More than 10% of the drivers are penalized by authorities and have their driving licenses suspended for a period;

d) More than 10% of the operating vehicles are involved in serious traffic accidents due to driver violations;

đ) Violating business conditions for automobile transportation services and causing particularly serious consequences from traffic accidents.

3. The issuing authority may revoke the Business License issued by itself and shall follow the procedures as follows:

a) Issue a decision to revoke the Business License;

b) Report to the General Department of Transportation, the People's Committee of the province, and notify the relevant agencies of the decision to revoke the Business License for coordination;

c) When the issuing authority issues a decision to revoke the Business License, the business unit must return the Business License and operating signs to the issuing authority immediately upon the decision taking effect and cease all transportation business activities under the revoked Business License.

Chapter V

RESPONSIBILITY FOR IMPLEMENTATION

Article 24. Ministry of Transport

1. Uniformly manage automobile transportation business operations as stipulated in this Decree.

2. Specify responsibilities and violation handling procedures in organizing and managing automobile transportation business operations and supporting road transport services.

3. Specifically regulate management and issuance of operating signs for passenger transfer vehicles and internal passenger transport vehicles; phased implementation and target groups for business units not directly collecting fees and required to obtain a Business License.

4. Organize, approve, and announce the network planning for fixed-route inter-provincial passenger transport services and rest stops on national highways.

5. Implement the application of information technology in managing automobile transportation business operations.

6. Conduct inspections, audits, and handle violations in implementing regulations on business and business conditions for automobile transportation services as prescribed in this Decree and other related laws.

Article 25. Ministry of Public Security

Inspect and handle violations in the implementation of regulations on business operations and business conditions for road passenger transport using motor vehicles as stipulated in this Decree and other relevant laws.

Article 26. Ministry of Culture, Sports and Tourism

Coordinate with the Ministry of Transport to establish regulations on road passenger transport using motor vehicles and issue, replace, and revoke identification signs for motor vehicles engaged in road passenger transport.

Article 27. Ministry of Science and Technology

1. Coordinate with the Ministry of Transport to establish technical specifications for vehicle tracking devices.

2. Organize the inspection of fare meters on taxicabs.

Article 28. Ministry of Information and Communications

Take the lead and coordinate with the Ministry of Transport to guide the management of frequency usage, infrastructure, and service charges for data services for vehicle tracking devices and other communication equipment used in the management and operation of road passenger transport using motor vehicles.

Article 29. Ministry of Health

1. Issue regulations on health standards, periodic health check-ups, and medical facilities for drivers of motor vehicles engaged in road passenger transport.

2. Take the lead and coordinate with the Ministry of Transport to implement laws on healthcare for workers in motor vehicle transportation businesses.

Article 30. Ministry of Labor, Invalids and Social Affairs

1. Take the lead and coordinate with the Ministry of Transport to implement regulations on labor contracts, social insurance, health insurance, and other benefits for workers involved in road passenger transport using motor vehicles.

2. Coordinate with the Ministry of Transport to implement legal provisions concerning policies and benefits for persons with disabilities, the elderly, and other beneficiaries when using road passenger transport services.

Article 31. National Committee for Traffic Safety

1. Supervise and urge ministries, sectors, and localities to implement legal provisions on ensuring traffic order and safety in road passenger transport using motor vehicles as stipulated in this Decree.

2. Develop plans to promote, disseminate, and guide the implementation of legal provisions on ensuring traffic order and safety in road passenger transport using motor vehicles as stipulated in this Decree for ministries, sectors, and localities to organize and implement.

Article 32. People's Committees of Provinces

1. Direct local functional agencies to manage road passenger transport using motor vehicles according to this Decree and other relevant laws.

2. Provide specific guidance on the collection, use of fees for issuing Business Licenses, and other related fees and charges for road transport and supporting road transport services following the guidelines of the Ministry of Finance.

3. Conduct inspections and checks on the implementation of regulations on business operations and business conditions for road passenger transport using motor vehicles as stipulated in this Decree and other relevant laws within their jurisdiction.

Article 33. Vietnam Automobile Transport Association

1. Coordinate with the Ministry of Transport to develop training programs for transportation managers, drivers, and onboard staff.

2. Participate in vocational training for transportation managers, drivers, and onboard staff.

Article 34. Inspection System for Compliance with Business Conditions of Transport Businesses

1. Transport businesses shall be subject to inspection regarding their compliance with regulations on business operations and conditions for operating motor vehicle transport as prescribed by competent authorities.

2. Forms of Inspection:

a) Periodic inspection;

b) Random inspections shall be conducted when particularly serious traffic accidents occur, complaints or reports are made, or there are indications that the regulations on business operations and conditions for operating motor vehicle transport are not fully implemented.

3. The Minister of Transport and the Chairman of the People's Committee of the province shall be responsible for directing functional agencies to organize inspections to ensure compliance with business conditions by transport businesses.

Chapter VI

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Decree takes effect from December 1, 2014, and replaces Government Decree No. 91/2009/NĐ-CP dated October 21, 2009, on business operations and conditions for operating motor vehicle transport, and Government Decree No. 93/2012/NĐ-CP dated November 8, 2012, amending and supplementing certain articles of Government Decree No. 91/2009/NĐ-CP dated October 21, 2009, on business operations and conditions for operating motor vehicle transport.

Article 36. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-run city People's Committees, related enterprises, and individuals shall be responsible for implementing this Decree./.