Circular No. 92/2015/TT-BGTVT on the procedures for selecting units to operate fixed-route passenger transport services by bus

CIRCULAR

Regulations on the selection process for units operating fixed-route passenger transport services by road vehicles

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

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

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the request of the Director of the Transport Department and the Director General of the Vietnam Highway Administration,

The Minister of Transport issues this Circular to regulate the selection process for units operating fixed-route passenger transport services by road vehicles.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the selection process for units operating fixed-route passenger transport services by road vehicles.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the activity of selecting units operating fixed-route passenger transport services by road vehicles.

Article 3. Explanation of Terms

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

1. Units participating in the selection process for operating routes are businesses and cooperatives engaged in transportation that have registered to participate in the selection of units operating fixed-route passenger transport services by road vehicles.

2. Selecting units to operate fixed-route passenger transport services is the process of screening to determine businesses and cooperatives meeting the requirements for business conditions, management, and organization of transport activities to participate in operating fixed-route passenger transport services by road vehicles.

3. The Selection File (hereinafter referred to as the File) consists of all documents and forms prepared and submitted by participating units to the agency organizing the selection process as the basis for evaluation to select units operating fixed-route passenger transport services according to the requirements stipulated in this Circular.

4. Departure times for buses are established for organizing the selection of units operating fixed-route passenger transport services by road vehicles, including departure times from the origin and destination points where there are currently no businesses or cooperatives operating, which have been agreed upon and publicly announced on the Department of Transportation's website by the Provincial Department of Transportation (for intra-provincial routes) and the Departments of Transportation at both ends of the route (for inter-provincial routes) according to the model specified in Appendix 1a and Appendix 1b issued together with Circular No. 60/2015/TT-BGTVT.

Article 4. Agencies Organizing the Selection Process

1. For intra-provincial fixed-route passenger transport services: The Provincial Department of Transportation organizes the selection of units operating intra-provincial fixed-route passenger transport services within its jurisdiction.

2. For inter-provincial fixed-route passenger transport services: The organization of the selection process for units operating inter-provincial fixed-route passenger transport services by road vehicles is carried out by the Department of Transportation. The principle of division of labor among Departments of Transportation follows the priority order as follows:

a) The Departments of Transportation at both ends of the route agree to have one end Department organize the selection process;

b) The Department receiving more registration files will carry out the selection process; if both Departments receive an equal number of registration files, the Department receiving the earlier file will organize the selection process;

c) Both Departments divide the number of departure times for buses not yet operated by transport units equally between each end Department of Transportation to carry out the selection process.

3. The number of registration files and the time for receiving registration files at each Department of Transportation shall be implemented in accordance with Clause 4, Article 14 of Circular No. 63/2014/TT-BGTVT, amended and supplemented by Clause 4, Article 1 of Circular No. 60/2015/TT-BGTVT.

Article 5. Criteria for organizing the selection process

1. The fixed-route passenger transport line must be included in the planning approved by the competent authority.

2. The departure time of vehicles must be within the schedule published by the competent authority and not yet operated by any unit.

3. The departure time of vehicles must have at least two units successfully registering to operate the route (for both ends of the route).

Article 6. Procedure for implementing the selection process

1. Develop the Selection Plan, including:

a) Announcing the Selection Plan;

b) Establishing the Evaluation Expert Team.

2. Organizing the selection of operating units, including:

a) Preparing the Application Documents;

b) Receiving the Application Documents;

c) Opening the Application Documents.

3. Evaluating the Application Documents for selecting the operating unit of the fixed-route passenger transport, including:

a) Assessing the validity of the Application Documents;

b) Assessing capacity and business conditions;

c) Technical assessment;

d) Summarizing the evaluation results.

4. Submitting, approving, and publicly announcing the selection results of the operating unit for the fixed-route passenger transport.

Article 7. Timeframe for Implementation

1. The announcement period for the Selection Plan shall not exceed two working days from the date when the Transport Departments at both ends of the route complete the public announcement on the Electronic Information Portal and notify participating units in writing according to Article 14 of Circular No. 63/2014/TT-BGTVT, supplemented and amended by Clause 4 of Article 1 of Circular No. 60/2015/TT-BGTVT.

2. The deadline for submitting the Selection Application Documents is ten working days from the date of the Selection Plan announcement.

3. The opening of the Selection Application Documents shall take place one working day from the submission deadline.

4. The evaluation period for the Selection Application Documents shall not exceed ten working days from the date of the opening of the Application Documents.

5. The issuance of the Decision approving the selection results shall not exceed ten working days from the date of receipt of the report requesting approval of the selection results.

Chapter II

DEVELOPMENT OF THE SELECTION PLAN

Article 8. Selection Plan

The contents of the Selection Plan include:

1. Transport route.

2. Departure time of vehicles.

3. Time and location for starting to accept Selection Application Documents.

4. Deadline for accepting Selection Application Documents.

5. Time and location for opening the Selection Application Documents.

6. Table of standards for assessing capacity and business conditions according to Appendix 1 issued together with this Circular and Table of technical assessment standards according to Appendix 2 issued together with this Circular.

Article 9. Evaluation Expert Team

1. The Transport Department is responsible for establishing the Evaluation Expert Team to perform the following tasks:

a) Evaluating the Selection Application Documents;

b) Ranking participating units;

c) Submitting and approving the selection results.

2. Composition of the Evaluation Expert Team

a) Head of the Evaluation Expert Team: leader of the transport management department of the Transport Department;

b) Members include: traffic inspectors, staff from the transport management department, and other staff from the Transport Department organizing the selection, or experts invited by the Transport Department to participate.

3. Number of members of the Evaluation Expert Team: at least five people and must be an odd number.

4. Independent experts participating in the Evaluation Expert Team must meet the following criteria:

a) Have a professional qualification in transportation at the intermediate level or above;

b) Have at least three years of work experience in road transportation;

c) Be independent and have no interest relationship with participating transportation units.

Chapter III

ORGANIZATION OF THE SELECTION PROCESS

Article 10. Specifications for Selection File

1. Language used: Vietnamese.

2. Number of Files: 01 set.

3. Sealing: The selection file must be enclosed in 01 sealed envelope, on which the following information must be fully presented:

a) Name, address, telephone number of the participating unit;

b) Address for receiving files as published in the selection plan;

c) Departure time and transport route of the selected organization;

d) Not to be opened before ... hours, day ... month ... year ... (record the time of opening the selection file).

Article 11. Preparation, Submission, Amendment, Withdrawal, Acceptance, Management of Selection Files

1. The registered participating unit prepares, submits, amends, withdraws the selection file according to the following regulations:

a) Prepare the selection file according to the model prescribed in Appendix 4 issued together with this Circular;

b) Submit directly or through postal service to the Department of Transport but must ensure that the Department of Transport receives the selection file before the submission deadline;

c) In case the selection file of the registered participating unit is sent to the Department of Transport after the submission deadline, it will be considered invalid and not eligible to participate in the selection;

d) In case the registered participating unit wishes to amend or withdraw the non-participation file, it must be done before the submission deadline and in writing sent to the Department of Transport.

2. The Department of Transport accepts and manages submitted files under confidential file management procedures until the results of the selection of the operating unit are made public; in all cases, information in the files of participating units shall not be disclosed to other individuals or organizations, except for information made public when opening the file.

Article 12. Opening the Selection File

1. The Department of Transport proceeds to open the file at the specified time and publicly in the presence of representatives from participating units, regardless of their presence or absence.

2. The opening of the file is carried out sequentially by the alphabetical name of the participating unit and follows the procedure below:

a) Check sealing;

b) Open the file, read clearly the information about the name of the participating unit operating the route; departure time of the vehicle participating in the selection and the representative of the Department of Transport must sign to confirm on all pages of the selection file.

3. Establish Minutes of Opening the Selection File: the information prescribed in point b clause 2 of this Article must be recorded in the minutes of opening the selection file. The minutes of opening the selection file must be signed and confirmed by the representative of the Department of Transport and the units present at the opening. These minutes must be sent to the units that have submitted the selection file.

Chapter IV

ASSESSMENT OF FILES

Article 13. Principles of File Assessment

The assessment of files must be based on the content of the selection file evaluation, the submitted file, explanatory documents clarifying the file to ensure the selection of a participating unit with sufficient capacity, experience, and appropriate transportation organization plan to implement.

Article 14. Clarification of Files

1. After opening the file, the participating unit clarifies the selection file according to the requirements of the Department of Transport. In case the participating unit's file lacks documents proving capacity and business conditions, the Department of Transport requests the unit to clarify and supplement documents within no more than 02 working days from the date of the clarification request and ensuring the time stipulated in Clause 4, Article 7 of this Circular.

2. After the submission deadline, if the participating unit discovers that the file lacks documents proving capacity and business conditions, the participating unit is permitted to send documents to the Department of Transport for clarification.

3. The Department of Transport is responsible for accepting additional documents from the participating unit for review and assessment; supplementary documents are considered part of the file.

4. The clarification of the file can only be conducted between the Department of Transport and the participating unit whose file needs clarification and must ensure the principle of not changing the essence of the participating unit's file. The content of the file clarification must be documented in writing and preserved by the Department of Transport as part of the file.

Article 15. Evaluation of the Legality of the File

1. The file of the participating unit shall be considered valid if it meets all of the following contents:

a) Having a complete file as prescribed in Appendix 4 issued together with this Circular;

b) Not having its name listed in two or more selection files;

c) The participating unit is not currently suspended from operating fixed-route passenger transport services;

d) The participating unit is not undergoing liquidation, has not been concluded to be in a state of bankruptcy, or has not been found to have debts that cannot be paid according to the law.

2. Participating units with valid files will be further reviewed and evaluated for their capacity and business conditions. Participating units with invalid files will be eliminated and their files will not be further evaluated.

Article 16. Evaluation of Capacity and Business Conditions

1. The evaluation table for capacity and business conditions for the selection file of the unit operating passenger transport routes as prescribed in Appendix 1 issued together with this Circular.

2. The content of the evaluation of capacity and experience is assessed based on the criteria of Pass/Fail. Participating units must meet all requirements as stipulated to be evaluated as meeting the capacity and business condition requirements.

3. Participating units meeting the requirements for capacity and business conditions will be further reviewed and evaluated for technical aspects.

Article 17. Technical Evaluation

1. The technical evaluation of the selection file for the unit operating passenger transport routes as prescribed in Appendix 2 issued together with this Circular.

2. Participating units failing to meet the minimum score requirement for at least one of the technical standards will be deemed as not meeting the technical requirements.

3. Participating units registering for selection with a technical score not lower than 70% of the total technical score will be deemed as meeting the technical requirements.

4. Participating units meeting the technical requirements will be further reviewed and ranked for the selection of operating units.

Article 18. Summary of Evaluation Results

1. The summary of evaluation results involves ranking participating units based on the total technical scores (including both bonus and penalty points) from highest to lowest.

2. In cases where multiple units have the same total technical scores (including both bonus and penalty points), the ranking will be determined according to the priority sequence as prescribed in Clause 1 of Article 25 of this Circular.

Chapter V

APPROVAL AND PUBLIC ANNOUNCEMENT OF SELECTION RESULTS

Article 19. Approval of Selection

A unit operating a fixed-route passenger transport service will be selected if it meets the following requirements:

1. Having a valid selection file.

2. Having sufficient capacity and business conditions.

3. Having a total technical score meeting the requirements.

4. Ranking first in the list of participating units.

Article 20. Approval of Selection Results

1. Based on the ranking of participating units, the expert team will report and submit to the Department of Transport for approval of the selection results of the unit operating the fixed-route passenger transport service.

2. The approval decision must include information about the commitments of the selected unit to operate the route as registered in the selection file, serving as the basis for implementation and verification.

3. For participating units not selected, the announcement of the selection results must clearly state the reasons why they were not selected.

Article 21. Publicizing the Results of Selection

1. After making the decision to approve the results of selecting the unit to operate the fixed passenger transport route, the Department of Transport shall post information about the selection results on the Department's Electronic Information Website, and at the same time send a notification letter regarding the selection results to all participating units (including both selected and non-selected units).

2. The contents of the selection result notification include:

a) The name of the selected participating unit;

b) The bus departure time being operated;

c) The fixed passenger transport route being operated;

d) The term of operating the fixed passenger transport route;

đ) Any matters requiring attention (if any);

e) A list of participating units not selected and a summary of the reasons for their non-selection.

Chapter VI

RIGHTS AND RESPONSIBILITIES OF UNITS AND INDIVIDUALS IN THE SELECTION ACTIVITY

Article 22. The Department of Transport organizes the selection process

1. Implementing the selection procedure for the operating unit as prescribed in this Circular.

2. Requesting participating units to clarify the Selection File during the evaluation process.

3. Ensuring honesty, objectivity, and fairness throughout the selection process.

4. Announcing information about the organization of the selection on the Department's Electronic Information Website and to participating units.

5. Safeguarding the documents of participating units.

Article 23. Transport Units Participating in the Selection Process

1. Participating in the selection as an independent unit.

2. Fulfilling commitments proposed in the Selection File.

3. Proposing complaints and denunciations against violations during the selection process.

4. Adhering to the regulations on selection.

5. Ensuring honesty and accuracy during the participation in the selection process, proposing complaints, and denunciations (if any).

Article 24. Evaluation Expert Team

1. Evaluating the Selection File according to the requirements and evaluation criteria stipulated in this Circular.

2. Safeguarding documents related to the Selection File in accordance with the law and the provisions of this Circular during the performance of duties.

3. Reserving their opinions.

4. Being honest, objective, and fair during the evaluation of the Selection File and reporting the evaluation results.

Chapter VII

HANDLING SITUATIONS AND VIOLATIONS IN THE SELECTION ACTIVITY

Article 25. Handling Situations in Organizing the Selection Process

1. In cases where multiple units have the same technical score (including both added or deducted points), the order will be determined based on the following priority sequence:

a) The unit with higher added points;

b) The unit with fewer deducted points;

c) The unit submitting the registration file earlier.

If the unit is a priority target, it must declare this in the Selection File. The method for determining added and deducted points is specified in Appendix 3 issued together with this Circular.

2. In cases where no transport unit submits a Selection File after the deadline, the Department of Transport shall issue a decision to cancel the selection organization.

3. In cases where only one unit submits a Selection File after the deadline, or if multiple units submit Selection Files but only one has a valid file, the Department of Transport shall accept the route operation registration file of the participating unit that continues to resolve the matter in accordance with Clause 1, Article 14 of Circular No. 63/2014/TT-BGTVT amended and supplemented in accordance with Clause 4, Article 1 of Circular No. 60/2015/TT-BGTVT.

4. Within 60 days from the date of signing the decision approving the selection results, if the selected participating unit does not submit the application file for license plates or does not fulfill the commitments proposed in the Selection File, it will be considered as the selected unit refusing to operate the route. The Department of Transport shall notify in writing the next participating unit in the ranking list and announce on the Department's Electronic Information Website. Within 10 days from the date of notification, if the participating unit agrees to operate in writing, the Department of Transport shall issue a decision approving the next participating unit in the ranking list as the selected unit.

5. In cases where there is no next-ranked unit in the ranking list to propose for operation, the Department of Transport shall cancel the entire selection results.

Article 26. Handling Violations in Selection Activities

1. Acts of violation

a) Giving, receiving, or brokering bribery;

b) Misusing position or authority to illegally interfere with selection activities;

c) Individuals directly evaluating applications, ranking units, or reporting selection results intentionally report false information or provide inaccurate information, thereby distorting the selection outcome.

2. Organizations and individuals violating acts as prescribed in Clause 1 of this Article shall be subject to handling according to the severity and nature of the violations as stipulated by law.

Chapter VIII

IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 27. Vietnam Highway Corporation

1. Guide provincial Departments of Transport under central cities in organizing the selection of units for operating fixed-route passenger transport services using buses as prescribed.

2. Monitor and promptly address any issues arising during the implementation process, directing their resolution within its jurisdiction or reporting to the Ministry of Transport for resolution.

3. Report annually in February to the Ministry of Transport on the results of selecting units for operating fixed-route passenger transport services using buses.

4. Conduct inspections, audits, handle or propose handling of violations by organizations and individuals during the selection process.

Article 28. Provincial Departments of Transport

1. Implement the selection of units for operating routes within their jurisdiction.

2. Issue Decisions approving the results of selecting transportation units for operating fixed-route passenger transport services.

3. Issue identification marks to participating units whose main office or branch office is located in the selected area as stated in the Decision approving the results of selecting transportation units for operating fixed-route passenger transport services.

4. Inspect the fulfillment of commitments proposed by participating units in the selection application before issuing the first identification mark.

5. Notify the provincial Department of Transport at the opposite end of the route about the selection of units for operating the route to coordinate in organizing and managing transport operations on the route.

6. Promptly report any issues arising during the implementation of the selection process to the Vietnam Highway Corporation.

7. Annually report in January to the Vietnam Highway Corporation on the results of selecting units for operating fixed-route passenger transport services using buses.

Article 29. Selected Participating Units

Ensure full compliance with commitments proposed in the selection application before submitting the first identification mark application and during the operation of the fixed-route passenger transport service.

Article 30. Effective Date

1. This Circular shall take effect from March 1, 2016.

2. The Heads of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Highway Corporation, the Directors of provincial Departments of Transport under central cities, the Heads of relevant agencies, units, and individuals are responsible for implementing this Circular./.