Decree No. 91/2009/NĐ-CP on Business Operations and Conditions for Operating Motor Vehicle Transport Services

DECREE

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

____________________

THE GOVERNMENT

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

BASED ON THE Road Traffic Law dated November 13, 2008;

Pursuant to the Law on Cooperatives dated November 26, 2003;

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;

CONSIDERING the proposal of the Minister of Transport;

DECREE:

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

This Decree shall apply to organizations and individuals engaged in or related to commercial road passenger and cargo transportation using motor vehicles on the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

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

1. A business entity is a company, cooperative, or individual business participating in commercial road transportation using motor vehicles.

2. Commercial road transportation using motor vehicles means the use of motor vehicles for transporting passengers and goods with payment.

Chapter II

COMMERCIAL ROAD TRANSPORTATION USING MOTOR VEHICLES

Article 4. Commercial road passenger transportation using motor vehicles along fixed routes 1. Commercial road passenger transportation along fixed routes involves determining departure and arrival points and returning with schedules and routes suitable for registration by enterprises or cooperatives and approved by route management authorities.h

2. Fixed-route passenger transportation by motor vehicle includes inter-provincial and intra-provincial routes. Inter-provincial routes with a distance of 300 kilometers or more must start and end at bus stations classified as level 4 or higher.

a) Monitoring and compiling passenger traffic volume and travel demand on the route; the operational status of enterprises and cooperatives on the route;

3. Route management content

b) Developing and announcing route networks;

c) Approving the opening of new routes, halting operations on existing routes, operating on routes, and adding or stopping the operation of vehicles.

4. Operating routes

a) Enterprises and cooperatives may register to operate on announced routes;

b) Enterprises and cooperatives may register to open new routes. The trial operation period is six months, after which the enterprise or cooperative must report to the route management authority to announce the route;

c) Only enterprises and cooperatives that have participated in the trial operation may continue to operate for the subsequent twelve months from the date of route announcement;

d) The route management authority decides to increase the number of enterprises operating on the route when the average passenger load factor (at the station) exceeds 50%; and to increase the number of vehicles operated by an enterprise when the average passenger load factor (at the station) of that enterprise exceeds 50%.

5. The Ministry of Transport shall stipulate the procedures for announcing and managing fixed-route passenger transportation according to distance and scope of operation.

1. Commercial road passenger transportation using buses along fixed routes involves designated stops for picking up and dropping off passengers within city limits, urban areas, provincial boundaries, or between two adjacent provinces; if the starting or ending point of the bus route is adjacent to a special city, it shall not exceed three provinces or cities. The length of the bus route shall not exceed sixty kilometers.

Article 5. Bus passenger transport business

a) Operation schedule: maximum frequency of thirty minutes per trip for routes within city limits and urban areas; forty-five minutes per trip for other routes;b) The maximum distance between consecutive pick-up and drop-off points within city limits and urban areas is seven hundred meters, and outside city limits and urban areas is three thousand meters;.

2. Provincial People's Committees (hereinafter referred to as Provincial People's Committee) shall issue route network planning, construct and manage infrastructure serving bus operations, announce routes, fares, and state policies encouraging the development of passenger transportation by bus within their jurisdiction.

1. Commercial road passenger transportation using taxis involves journeys and schedules according to passenger requests; fares are calculated based on the distance traveled and waiting time.

2. There must be a light box with the word "TAXI" mounted on the roof of the vehicle; the light must be turned on when the vehicle is not carrying passengers and turned off when there are passengers on board.

Article 6. Taxi passenger transport services

3. Provincial People's Committees organize and manage public taxi parking points.

1. Commercial road passenger transportation under contract involves transporting passengers according to the requested route and time, with a written transport contract.

2. Vehicles must have a transport contract clearly stating the number of passengers; for passenger transportation over a distance of one hundred kilometers or more, a passenger list must accompany the vehicle; additional passengers beyond the list specified in the contract are not allowed; tickets cannot be sold to passengers..

Article 7. Passenger transport services under contracts

1. Business of passenger transport under contract is the business of passenger transport with routes and times according to the requirements of passengers, having a written transport contract.

2. Vehicles in operation must have a transport contract clearly stating the number of passengers; in cases where passenger transport covers a distance of 100 kilometers or more, a passenger list must be attached; additional passengers outside the contract list are not allowed; tickets may not be sold to passengers on the vehicle.

Article 8. Business of transporting tourists by bus

1. The business of transporting tourists is the transportation of passengers along routes, programs, and tourist destinations.

2. When transporting tourists, the driver must carry the passenger transport contract or travel agency contract (original or certified copy), the tour program, and the passenger list; they may not pick up additional passengers outside the list, nor sell tickets to passengers on the vehicle.

Article 9. Business of transporting goods by motor vehicles

1. The business of general cargo transportation (excluding taxi freight) when carrying goods on the road, the driver must carry the transportation contract or waybill.

2. Business of transporting goods by taxi truck

a) Transporting goods by taxi truck involves using automobiles with a load capacity under 1,500 kilograms for transporting goods; charges are calculated based on the meter according to kilometers driven.

b) The outer sides of both sides of the vehicle's body or doors must be painted with the words "TAXI TRUCK", contact phone number, and the name of the business entity.

3. Business of transporting oversized and overweight cargo.

a) Transporting oversized and overweight cargo involves using suitable vehicles to transport such cargo.;

b) During transportation, the driver must carry the permit for road use.

c) The business entity must bear the costs of reinforcing roads (if required) according to the requirements of the road management authority.

4. Transporting dangerous goods shall comply with the Government Decree stipulating the list of dangerous goods, transportation of dangerous goods, and the authority to issue permits for transporting dangerous goods.

Article 10. Limitation of liability of the transportation business operator for compensation for damaged, lost, or missing goods

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 there is no agreement in the transportation contract regarding compensation for damaged, lost, or missing goods due to the fault of the transportation business operator, the level of compensation shall not exceed 20,000 (twenty thousand) Vietnamese dong per kilogram of damaged goods for unpackaged goods, or not exceed 7,000,000 (seven million) Vietnamese dong per package or consignment of damaged goods for packaged goods. In case goods are damaged, lost, or missing due to the fault of the cargo transport business operator, the compensation amount shall not exceed 20,000 (twenty thousand) Vietnamese dong per kilogram of damaged goods for goods not packed in bags or parcels; or not exceeding 7,000,000 (seven million) Vietnamese dong per bag or parcel of damaged goods for goods packed in bags or parcels. for each package or consignment, not exceeding seven million (7,000,000) Vietnamese dong for a package or consignment of goods damaged within a package or consignment.

Chapter III

CONDITIONS FOR AUTOMOBILE TRANSPORTATION BUSINESS

Article 11. General conditions for operating transportation by automobile

The business entity must meet the following conditions:

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

2. Ensuring the quantity, quality, and service life of the means of transport appropriate to the form of business:

a) Having a business plan, ensuring the time for implementing the journey schedule, maintenance, and repair to maintain the technical condition of the vehicle.;

b) Possessing sufficient vehicles owned by the business entity or legally leased from financial leasing organizations or leasing organizations by individuals or entities authorized to lease assets according to the law.

In cases where the registered ownership of the vehicle belongs to cooperative members, there must be an economic agreement between the member and the cooperative specifying the rights, responsibilities, and obligations of the cooperative in managing, using, and operating the vehicle owned by the cooperative member.

The number of vehicles must be appropriate to the business plan.

c) Still within the service life as prescribed.

d) Being inspected for technical safety and environmental protection as prescribed.

3. Vehicles must be equipped with trip monitoring devices as stipulated in Article 12 of this Decree.

4. Drivers and crew members on board:

a) Drivers and crew members on board must have a written labor contract with the business entity; drivers cannot be individuals prohibited from practicing their profession according to the law; taxi drivers, bus drivers, and crew members must be trained and instructed on passenger transportation operations and traffic safety according to regulations of the Ministry of Transport.

b) The business entity must arrange sufficient drivers and crew members on board in accordance with the business plan and legal provisions; for automobiles engaged in passenger transportation with thirty seats or more, there must be crew members on board.

5. Individuals directly managing the transportation business activities of enterprises and cooperatives (holding one of the positions: Director, Deputy Director; Cooperative Manager, Deputy Manager; Head of the operational management department) must meet all the following conditions:

a) Having a vocational degree in transportation at the college level or higher, or a bachelor's degree in another specialized field;

b) Participating in transportation management work in automobile transportation enterprises and cooperatives for three years or more;

c) Ensuring and proving having sufficient time to directly manage transportation operations.

6. Parking area:

a) The transportation business entity must arrange sufficient parking space according to the business plan.

b) The parking area of the entity can be owned by the entity or through a parking location rental contract.

c) The parking area must meet requirements for traffic order, safety, fire prevention, and environmental sanitation.

7. Enterprises and cooperatives engaged in fixed-route passenger transportation, buses, and taxis must also meet the following conditions:

a) Having a department managing traffic safety conditions;

b) Registering the quality of passenger transportation services with the route management authority including: quality of vehicles; professional qualifications of crew members; transportation organization plans; passenger rights; services provided to passengers during the journey; commitments to service quality.

Article 12. Vehicle Telematics Devices

1. Passenger transport businesses operating fixed-route buses, public buses, contractual passenger transport, tourist transportation, and container cargo transport must install and maintain the telematics devices on their vehicles in good technical condition.

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

a) Retain information including: route, operational speed, number and duration of stops, door opening and closing times, driving time;

b) Information from vehicle telematics devices shall be used as documentation for managing the operations of the transport business and provided to competent state management authorities upon request.

3. Timeline for installing telematics devices:

a) By July 1, 2011, fixed-route passenger transport vehicles with a distance of 500 kilometers or more, tourist transportation vehicles, and container cargo transport vehicles must be equipped with telematics devices;

b) By January 1, 2012, fixed-route passenger transport vehicles with a distance of 300 kilometers or more, public buses, and contractual passenger transport vehicles must be equipped with telematics devices;

c) By July 1, 2012, all vehicles specified in Clause 1 of this Article must be equipped with telematics devices.

Article 13. Conditions for Operating Fixed-Route Passenger Transport Services

1. Meeting all conditions stipulated in Article 11 of this Decree.

2. Vehicles must have a seating capacity of 10 seats or more (including the driver) and a service life not exceeding the following:

a) For distances over 300 kilometers: not more than 15 years for passenger vehicles manufactured for that purpose; not more than 12 years for passenger vehicles converted before January 1, 2002 from other types of vehicles to passenger vehicles.;

b) For distances up to 300 kilometers: not more than 20 years for passenger vehicles manufactured for that purpose; not more than 17 years for passenger vehicles converted before January 1, 2002 from other types of vehicles to passenger vehicles.

Article 14. Conditions for Operating Public Bus Transport Services

1. Meeting all conditions stipulated in Article 11 of this Decree.

2. Public buses must have a seating capacity of 17 seats or more, with floor space allocated for standing passengers, designed according to standards set by the Ministry of Transport.

3. The vehicle's service life must comply with the provisions of point b, Clause 2, Article 13 of this Decree; the bus must have a distinctive color registered with the line management authority..

Article 15. Conditions for Operating Taxi Transport Services

1. Meeting all conditions stipulated in Article 11 of this Decree.

2. Taxis must have a seating capacity of 9 seats or less (including the driver).).

3. The vehicle's service life must not exceed 12 years.

4. The vehicle must be equipped with a meter measuring fare based on distance traveled and waiting time, which has been inspected and sealed by authorized metrology agencies; it must also be registered with a uniform color, logo of the enterprise or cooperative, and contact phone number.

5. Enterprises and cooperatives must have a dispatch center, registered communication frequencies, and communication equipment between the center and the vehicles.

Article 16. Conditions for Operating Contractual Transport and Tourist Transport Services

1. Meeting all conditions stipulated in Article 11 of this Decree.

2. Contractual transport vehicles must comply with the service life regulations specified in point b, Clause 2, Article 13 of this Decree.

3. Tourist transport vehicles must have a service life not exceeding 10 years.

4. In addition to the provisions of this Decree, tourist transportation services must also comply with relevant laws and regulations concerning tourism.

Article 17. Conditions for Operating Cargo Transportation with Containers

Only enterprises and cooperatives meeting the conditions stipulated in Article 11 of this Decree shall be allowed to operate cargo transportation with containers.

Chapter IV

ISSUING LICENSES FOR MOTOR VEHICLE TRANSPORT OPERATIONS

Article 18. Recipients and Content of the Business Operation Permit for Motor Vehicle Transportation (Permit)

1. Recipients of the Permit: units operating passenger transportation and cargo transportation with containers.

2. The contents of the Permit include:

a) Name and address of the business unit;

b) Business registration certificate (number, date, month, year, issuing authority);

c) Legal representative;

d) Forms of business operation;

d) Validity period of the Permit;

e) Issuing authority.

3. The Permit has a validity of 07 (seven) years.

4. Vehicles operating fixed-route passenger transportation, contractual passenger transportation, and passenger transportation by taxi must be equipped with identification plates. Tourist transport vehicles must be equipped with signage.

5. The Ministry of Transport shall specify in detail the management regulations, the competent authority for issuing the Permit, the format of the Permit, the format and validity period of identification plates and signage.

Article 19. Documents for Application for the Permit

1. For enterprises and cooperatives:

a) An application for permit issuance (or an application for changing permit contents) according to the model issued by the Ministry of Transport;

b) A certified true copy of the business registration certificate;

c) A certified true copy of the land use right certificate for parking or lease agreement for parking land;

d) A certified true copy of certificates and qualifications of persons directly managing transportation operations;

đ) Business plan;

e) List of vehicles accompanied by copies of vehicle registration certificates (including certified true copies of financial lease contracts; asset lease contracts; economic commitments as specified in point b, Clause 2, Article 11 of this Decree), technical safety and environmental protection certificates;

g) For enterprises and cooperatives operating fixed-route passenger transportation, bus services, and taxis, in addition to the requirements set out in points a, b, c, d of Clause 1 of Article 19, they must also provide: documents defining the functions and responsibilities of the traffic safety monitoring department; service quality registration documents (for units that have implemented quality management systems according to ISO standards, submit certified true copies of certification papers); contracts and acceptance reports on the installation of vehicle journey monitoring equipment (excluding taxis). For enterprises and cooperatives operating passenger transportation by taxi, they must additionally provide documents for the installation of communication devices between the dispatch center and registered vehicles using radio frequencies approved by the competent authority. For enterprises and cooperatives operating cargo transportation with containers, they must additionally provide documents defining the functions and responsibilities of the traffic safety monitoring department, contracts, and acceptance reports on the installation of vehicle journey monitoring equipment.

d) List of vehicles accompanied by copies of vehicle registration certificates (including certified true copies of asset lease contracts as specified in point b, Clause 2, Article 11 of this Decree), technical safety and environmental protection certificates;

đ) Acceptance report on the installation of vehicle journey monitoring equipment.

b) A certified copy of the Business Registration Certificate.

a) An application for permit issuance (or an application for changing permit contents) according to the model issued by the Ministry of Transport;

b) A certified true copy of the business registration certificate;

c) A certified true copy of the land use right certificate for parking or lease agreement for parking land;

Article 20. Receipt, Review of Applications, and Issuance of the Permit

a) Application documents for the Permit shall be sent to the issuing authority via postal service or submitted directly by the representative of the business unit, the issuing authority shall receive the documents and issue a receipt to the submitter;

b) In cases where applications received via postal service are incomplete or invalid, the issuing authority shall notify the missing or incorrect information requiring supplementation or correction within 05 (five) working days from the date of receipt; in cases of direct submission, the receiving officer must check and clearly inform the submitter of the required supplements or corrections.

1. Receiving applications

2. Within 15 (fifteen) working days from the date of receipt of complete and valid application documents, the issuing authority shall review the documents and issue the Permit. If the Permit is not issued, a written response stating the reasons must be provided.

3. In cases where there are changes in business conditions related to the content of the Permit, the business unit must submit documents regarding these changes to obtain a new Permit.

2. Within fifteen working days from the date of receiving complete and valid documents, the licensing authority shall review the application and issue the Permit. If the Permit is not issued, a written response must be provided with specific reasons.

3. In cases where there are changes in business conditions related to the contents of the Permit, the business entity must submit documents regarding such changes to obtain a new Permit.

Article 21. Revocation of the Business License

a) When it is discovered that there is intentional falsification of information in the permit application documents;

a) Violating business conditions causing serious impact on service quality and transport safety;

b) When it is discovered that there has been intentional falsification of information in the application file for the Business License;

c) Not operating transportation services within six months from the date of issuance of the Business License or ceasing to operate transportation services continuously for six months;

d) Operating in a manner not in accordance with the contents recorded on the Business License;

đ) Bankruptcy or dissolution.

2. The issuing authority may revoke the Business License issued by itself. Upon revocation, the Business License will become invalid, and the business entity must return the Business License to the issuing authority.

Chapter V

STATE MANAGEMENT RESPONSIBILITIES

Article 22. Ministry of Transport

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

2. Issuing technical specifications regulations and organizing the implementation of vehicle tracking device inspection.

3. Directing, guiding, and organizing the implementation of the provisions of this Decree.

4. Inspecting and supervising the implementation of the provisions on business operations and business conditions for road passenger transport by motor vehicles as stipulated in this Decree and other relevant laws.

Article 23. Ministry of Finance

Taking the lead and coordinating with the Ministry of Transport to guide the implementation of freight rates, fees, and charges related to road transport activities and supporting road transport services.

Article 24. Ministry of Culture, Sports and Tourism

Taking the lead and coordinating with the Ministry of Transport to guide the management of business operations for tourist passenger transport by motor vehicles as stipulated in this Decree and other relevant regulations.

Article 25. 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 26. Ministry of Information and Communications

Taking the lead and coordinating with the Ministry of Transport to guide the management of the use of radio frequencies and vehicle tracking devices.

Article 27. Provincial People's Committees

1. Directing local functional agencies to manage business operations for road passenger transport by motor vehicles according to the provisions of this Decree and other relevant laws.

2. Setting levels, collecting, and using fees for issuing the Business License for road passenger transport by motor vehicles and other freight rates, fees, and charges related to road transport activities and supporting road transport services in accordance with the guidance of the Ministry of Finance.

Chapter VI

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 28. Inspection of Business Conditions of Business Entities

1. Road transport business entities are subject to inspections regarding compliance with the provisions on business operations and business conditions for road passenger transport by motor vehicles by competent authorities;

2. Forms of Inspection:

a) Annual regular inspections;

b) Unscheduled inspections when complaints, reports, or signs of non-compliance with the provisions on business operations and business conditions arise.

3. The Minister of Transport and the Chairman of the Provincial People's Committee are responsible for directing functional agencies to organize inspections to ensure compliance with business conditions by business entities.

Article 29. Effective Date

1. This Decree takes effect from December 15, 2009, and replaces Government Decree No. 110/2006/NĐ-CP dated September 28, 2006, on business conditions for road passenger transport by motor vehicles.

2. Motor buses operating before the effective date of this Decree but not in compliance with the provisions of Clause 3, Article 14 of this Decree are permitted to continue operating until their usage period expires as prescribed.

3. For business entities specified in Clause 1, Article 18 of this Decree operating road passenger transport by motor vehicles before the effective date of this Decree, they must complete all procedures to obtain the Business License by July 1 2010.

Article 30. Responsibility for Implementation

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