Decree No. 92/2001/ND-CP On Conditions for Operating Road Passenger Transport Services Using Motor Vehicles.

DECREE

On the conditions for operating motor vehicle transportation

__________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the State Enterprise Law on April 20, 1995;

Pursuant to the Cooperative Society Law dated March 20, 1996;

Pursuant to the Enterprise Law No. 13/1999/QH10 dated June 12, 1999;

Pursuant to the Road Traffic Law No. 26/2001/QH10 dated June 29, 2001;

At the proposal of the Minister of Transport,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the conditions for operating passenger and cargo transportation by motor vehicles on the road system in the Socialist Republic of Vietnam, hereinafter referred to as operating motor vehicle transportation.

Article 2. Applicability

1. This Decree applies to all organizations and individuals operating motor vehicle transportation within the territory of Vietnam.

2. In cases where international treaties related to motor vehicle transportation that Vietnam has signed or acceded to provide different provisions, such provisions shall be applied according to the treaty.

Article 3. Business operations subject to conditions for motor vehicle transportation

Motor vehicle transportation business subject to conditions includes the following sectors:

1. Operating scheduled bus passenger transportation;

2. Operating public bus passenger transportation;

3. Operating taxi passenger transportation;

4. Operating contractual passenger transportation;

5. Operating cargo transportation.

Article 4. Definitions

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

1. "Operating motor vehicle transportation" means using motor vehicles to transport passengers and goods for remuneration.

2. "Operating scheduled bus passenger transportation" means operating passenger transportation by motor vehicles along routes with predetermined departure and arrival points and vehicles running according to a schedule and route plan.

3. "Operating public bus passenger transportation" means operating passenger transportation by motor vehicles along fixed routes within urban and suburban areas; having designated stops for picking up and dropping off passengers and vehicles running according to a timetable.

4. "Operating taxi passenger transportation" means operating passenger transportation by motor vehicles not along fixed routes, at times, and according to the journey requested by the customer; fares calculated by a meter.

5. "Operating contractual passenger transportation" means operating passenger transportation by motor vehicles not along fixed routes carried out according to a transportation contract signed between the charterer and the carrier.

6. "Operating cargo transportation" means using motor vehicles to transport goods for remuneration.

Chapter 2:

CONDITIONS FOR OPERATING MOTOR VEHICLE TRANSPORTATION

Article 5. General conditions for operating motor vehicle transportation

Organizations and individuals operating motor vehicle transportation must meet the following conditions:

1. Registering business activities in accordance with the sectors specified in Article 3 of this Decree;

2. Motor vehicles used for transportation must comply with the traffic conditions for motor vehicles prescribed in Article 48 of the Road Traffic Law and must comply with the service life regulations set forth in this Decree;

3. The name of the organization or individual operating motor vehicle transportation must be marked outside the vehicle door;

4. Registering fare rates with local price management authorities in accordance with guidelines issued by the Ministry of Transport and the Government Price Board, publicly displaying them, and implementing them without exceeding the registered fare rates. Fare rates for operating public bus passenger transportation are determined by the Chairman of the People's Committee of the province.

Article 6. Conditions for operating scheduled bus passenger transportation

Operating scheduled bus passenger transportation must meet the following conditions:

1. Meeting the conditions stipulated in Article 5 of this Decree;

2. Being a company, registering business activities in accordance with the law;

3. Registering with the competent state management agency for transportation in accordance with the regulations of the Ministry of Transport;

4. The service life of motor vehicles must not exceed the following limits:

a) For distances over 300 km:

- Not more than 15 years for motor vehicles manufactured for passenger transport;

- Not more than 12 years for motor vehicles converted from other types of vehicles to passenger transport before January 1, 2002.

b) For distances up to 300 km:

- Not more than 20 years for motor vehicles manufactured for passenger transport;

- Not more than 17 years for motor vehicles converted from other types of vehicles to passenger transport before January 1, 2002.

Article 7. Conditions for Operating Passenger Transport Services Using Buses

Organizations and individuals operating passenger transport services using buses must meet the following conditions:

1. Meet the conditions stipulated in Article 5 of this Decree;

2. Register with local traffic management authorities;

3. The bus must have at least 17 seats and provide standing area for passengers according to Vietnam National Standard TCVN 4461-87;

4. The bus must comply with the usage period specified in point b, Clause 4, Article 6 of this Decree;

5. Charge fares in accordance with the decision of the Chairman of the Provincial People's Committee.

Article 8. Conditions for Operating Passenger Transport Services Using Taxis

Organizations and individuals operating passenger transport services using taxis must meet the following conditions:

1. Meet the conditions stipulated in Article 5 of this Decree;

2. The taxi must not exceed 8 seats (including the driver's seat), be equipped with a fare meter, and have a roof sign displaying "TAXI" or "Meter TAXI";

3. The taxi must not exceed 12 years of service life;

4. Register the color of the vehicle, company logo, and customer contact number;

5. Taxi drivers must complete training on communication skills and passenger transport services organized by the Vietnam Automobile Transport Association and obtain certification.

Article 9. Conditions for Operating Contract-Based Passenger Transport Services

Organizations and individuals operating contract-based passenger transport services must meet the following conditions:

1. Meet the conditions stipulated in Article 5 of this Decree;

2. When in operation, the vehicle must carry a written transportation contract specifying time, departure point, destination, number of passengers, fare, and route;

3. The vehicle must comply with the usage period specified in Clause 4, Article 6 of this Decree;

4. During transportation, display a "contract vehicle" sign on the front windshield.

Article 10. Conditions for Operating Freight Transport Services

Organizations and individuals operating freight transport services using automobiles must meet the following conditions:

1. Meet the conditions stipulated in Clauses 1, 3, and 4 of Article 5 of this Decree;

2. The automobile used for freight transport must meet the traffic participation conditions for motor vehicles as stipulated in Article 48 of the Road Traffic Law;

3. Have suitable vehicles for the preservation and transportation of oversized, overweight goods and dangerous goods.

Chapter 3:

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS OPERATING PASSENGER TRANSPORT SERVICES USING AUTOMOBILES

Article 11. Responsibilities of organizations and individuals operating passenger transport services using automobiles

Organizations and individuals operating passenger transport services using automobiles are responsible for:

1. Adhering to passenger road transport regulations and traffic safety regulations;

2. Implementing reporting and statistical systems and other obligations as prescribed by law;

3. Organizations operating fixed-route passenger transport services also have the responsibility to:

a) Ensure sufficient vehicles for operation along the registered routes;

b) Follow the schedule and route for each route;

c) Pick up and drop off passengers at designated bus stations and points along the route.

Article 12. Responsibilities of organizations and individuals operating freight transport services using automobiles

Organizations and individuals operating freight transport services using automobiles are responsible for:

1. Adhering to freight road transport regulations and traffic safety regulations;

2. Complying with specific regulations regarding the transport, loading/unloading, and storage of dangerous goods, oversized, and overweight goods;

3. Implementing reporting and statistical systems and other obligations as prescribed by law.

Chapter 4:

INSPECTION, AUDIT, COMPLAINTS, AND REPORTING
AGAINST VIOLATIONS

Article 13. Inspection and Audit of Passenger and Freight Transport Operations Using Automobiles

1. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial people's committees shall organize inspections, audits, and handle violations based on their functions and responsibilities.

2. The scope of inspection and audit includes compliance with this Decree and related laws concerning the transport industries specified in Article 3 of this Decree.

3. Inspections and audits of organizations and individuals operating transport services using automobiles must comply with current legal provisions.

Article 14. Petitioning and Reporting

Organizations and individuals engaged in the industries specified in Article 3 of this Decree have the right to file complaints or reports to competent authorities or initiate lawsuits at courts if state agencies or individuals violate the provisions of this Decree and related laws.

Article 15. Handling Violations

Organizations and individuals violating the provisions of this Decree will be subject to disciplinary action, administrative penalties, or criminal prosecution, and must compensate for damages as prescribed by law, depending on the nature and severity of the violation.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 16. Effectiveness

1. This Decree takes effect 15 days from its date of issuance. Previous regulations inconsistent with this Decree are abolished.

2. Organizations and individuals currently operating the industries specified in Article 3 of this Decree must ensure they meet the business conditions within 120 days from the effective date of this Decree.

Article 17. Responsibility for Implementation

1. The Minister of Transport shall study and develop support mechanisms and incentives for enterprises to invest in means of transport on mountainous, remote, and far-flung routes and passenger transport services using buses, to be decided by the Prime Minister.

2. The Minister of Transport shall guide the implementation of this Decree.

All ministers, heads of ministries equivalent to ministries, heads of government agencies, chairmen of provincial people's committees, and relevant organizations and individuals are responsible for implementing this Decree.