Decree No. 93/2012/ND-CP amending and supplementing certain articles of Decree No. 91/2009/ND-CP dated October 21, 2009 of the Government on business operations and conditions for operating road passenger transport services using motor vehicles. 93/2012/NĐ-CP

✦ Tóm lược thông minh

Decree No. 93/2012/ND-CP amends certain articles of Decree No. 91/2009 on road passenger transport services using motor vehicles, focusing on route management, driver requirements, service staff requirements, the use of vehicle tracking devices, and regulations on paint color and signage. It applies to enterprises, cooperatives, and individual businesses operating in the field of road passenger transport using motor vehicles.

Đối tượng áp dụng

Enterprises, cooperatives, and individual businesses operating in the field of road passenger transport using motor vehicles.

Các điểm cốt lõi

For enterprises and cooperatives → they must be granted a Business License for Road Passenger Transport Services and comply with regulations regarding drivers, service staff, the use of vehicle tracking devices, and the installation of identification plates and signs.
Individual businesses → also need to submit an application for a Business License according to the form prescribed by the Ministry of Transport.
The route management authority → decides to increase the number of enterprises operating on a route when the load factor reaches 50%.
Enterprises and cooperatives → shall not operate road passenger transport services outside the scope specified in the Business License and must comply with regulations concerning the duration of operation of the means of transport.
The licensing authority → has the right to revoke or confiscate the Business License when the entity seriously violates the regulations.

🌐 Tác động xã hội từ văn bản này

Positive impact: Strengthening management and improving the quality of road passenger transport services, protecting consumer interests.
Negative impact: Increased costs for enterprises due to compliance with new regulations.
Limitation on the rights of enterprises to open routes or increase frequency of operations.

❓ Câu hỏi thường gặp

What documents do enterprises need to prepare to apply for a Business License?

Enterprises must submit an application for a Business License, certified copies of the Enterprise Registration Certificate, and credentials of the transportation manager. For enterprises engaged in fixed-route road passenger transport services, buses, or taxis, they must also provide documentation on the functions of the traffic safety monitoring department.

Is there a validity period for identification plates and signs?

Identification plates and signs attached to motor vehicles providing fixed-route road passenger transport services, buses, and taxis must be installed and have a usage period.

Which violations will result in revocation of the Business License?

The Business License will be revoked if the enterprise violates any of the following: discrepancies in the application documents, cessation of transport operations for six consecutive months, conducting business outside the scope specified in the Business License, or bankruptcy or dissolution.

Are there regulations on paint color and signage for taxis?

Central cities have the authority to prescribe paint colors for taxis within their jurisdictions. Enterprises and cooperatives must comply with these regulations.

Which violations will lead to the confiscation of the Business License?

The right to use the Business License will be confiscated if the transport enterprise has 5% of its trips on the route where drivers violate the journey, or 20% of its trips on the route where drivers violate speed limits, pick up or drop off passengers at unauthorized locations or times, or exceed the duration of operation of the means of transport.

Toàn văn

DECREE

Amending and supplementing some articles of Decree No. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business operations and conditions for operating road passenger transport using motor vehicles.

of the Government on business and conditions for operating road passenger and cargo transport by motor vehicles

_____________________________

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 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;

At the proposal of the Minister of Transport,

The Government promulgates this Decree amending and supplementing some articles of Decree No. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business operations and conditions for operating road passenger transport using motor vehicles.

Article 1.Amending and supplementing certain articles Decree No. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business operations and conditions for operating road passenger transport using motor vehicles is amended and supplemented as follows:

1. Amend Point c Clause 3 Article 4 as follows:

“c) Approval to open routes, operate on routes, supplement or cease operation of vehicles.”

2. Amend Point d Clause 4 Article 4 as follows:

“d) The route management agency decides to increase enterprises or cooperatives operating on the route when the average passenger coefficient (starting from both terminal stations) on the route reaches over 50%; increase the frequency of vehicle runs on the route of enterprises or cooperatives currently operating when the average passenger coefficient (starting from both terminal stations) on the route of the enterprise or cooperative reaches over 50%.”

3. Amend Point b Clause 4 Article 11 as follows:

“b) The business unit arranges an adequate number of drivers and service staff on board the vehicle in accordance with the business plan and relevant laws; for road passenger transport vehicles with thirty (30) seats or more, there must be service staff on board (except for contractual vehicles specifically transporting workers to industrial zones, students, and pupils to school).

4. Amend Point b Clause 2 Article 12 as follows:

“b) Information from the vehicle's journey recorder device is used as documentation in managing the activities of the transportation unit; the transportation business unit and driver have the responsibility to provide the route management agency with the information specified in Point a Clause 2 of this Article for all trips operated during the period the emblem and sign are valid, and provide traffic patrol and control forces when requested.”

5. Amend Clause 4 Article 15 as follows:

“4. On the vehicle, there must be installed a meter measuring distance traveled and waiting time, which has been inspected and sealed by the authorized measurement authority; enterprises and cooperatives must register a distinctive color scheme uniformly based on the registered color of the vehicle (not overlapping with previously registered color schemes of enterprises or cooperatives), logo, and contact phone number on the vehicle of the enterprise or cooperative. For central cities that stipulate colors for taxis, enterprises and cooperatives must comply with the city’s regulations on color.”

6. Amend Clause 2 Article 16 as follows:

“2. Contractual vehicles shall follow the usage period as prescribed in Clause 2 Article 13 of this Decree.”

7. Amend Clause 4 Article 18 as follows:

“4. Vehicles engaged in fixed-route road passenger transport, contractual road passenger transport, taxi services, and containerized cargo transport must be equipped with emblems. Vehicles engaged in tour passenger transport must be equipped with signs.”

8. Amend Article 19 as follows:

“Article 19. Application Documents for Permit Issuance

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 copy of the Business Registration Certificate;

c) A certified copy of the qualification certificates of the persons directly managing the transport;

d) Business plan;

đ) For enterprises and cooperatives engaged in fixed-route road passenger transport, bus services, and taxi services, in addition to the provisions in Points a, b, and c of Clause 1 of Article 19, they must also submit: Documentation specifying the functions and responsibilities of the traffic safety monitoring department; a registration of transport service quality (enterprises that have implemented a quality management system according to ISO standards should submit a copy of the certification); For enterprises and cooperatives engaged in containerized cargo transport, they must also submit documentation specifying the functions and responsibilities of the traffic safety monitoring department.

2. For individual businesses:

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;

9. Amend Clause 1 Article 20 as follows:”

a) The application documents for permit issuance (one set) are submitted to the issuing authority via postal service or directly by the representative of the business unit, the issuing authority receives the documents and issues a receipt to the applicant;

“1. Receiving applications

b) In case the documents received via postal service are incomplete or do not meet the requirements, the issuing authority will notify the missing or incorrect items to be supplemented or corrected within three (3) working days from the date of receipt; in case the documents are submitted in person, the receiving officer must immediately inform the applicant of the necessary supplements or corrections.

“Article 21. Revocation and Suspension of Permit Usage Rights

10. Amend and supplement Article 21 as follows:

1. Business units will have their permits revoked if they violate any of the following situations:

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

b) Not engaging in transport business within six (6) months from the date of permit issuance or ceasing business operations continuously for six (6) months;

c) Operating outside the scope recorded in the permit;

d) Bankruptcy or dissolution.

2. Business units will have their permit usage rights suspended if they violate business conditions seriously affecting service quality and transport safety. Specifically, they violate any of the following (within the validity period of the emblem or sign issued): The transport business unit has five percent (5%) of the total number of trips on the route where drivers violate the route, or twenty percent (20%) of the total number of trips on the route where drivers violate speed regulations, or twenty percent (20%) of the total number of trips on the route where drivers violate passenger pick-up and drop-off locations, or ten percent (10%) of the total number of trips on the route where drivers violate driving hours regulations.

3. The issuing authority can revoke or suspend the permit usage rights issued by itself and implement the procedures as follows:

a) Issue a decision to revoke or suspend the permit usage rights;

a) Issuing a decision to revoke or confiscate the right to use the Permit;

b) Notify the decision to revoke or withdraw the right to use the Business Operation Permit for transportation services to the management agencies of the routes;

c) When the route management agency issues a decision to revoke or withdraw the right to use the Business Operation Permit, the issued Business Operation Permit of the transportation business unit will no longer be valid, and the business unit must return the Permit to the issuing agency.”

11. Supplement Clause 3 of Article 27 as follows:

“3. Planning for the development of passenger transport by taxi; specifying the number of taxis to ensure compatibility with traffic conditions. Central-affiliated cities are permitted to specify the paint color of taxis operated by businesses and cooperatives within their city.”

12. Amend Clause 2 of Article 29 as follows:

“2. Buses operating before this Decree takes effect but which do not comply with the provisions of Clause 2 of Article 14 of Government Decree No. 91/2009/NĐ-CP dated October 21, 2009 on business operations and conditions for business operations using motor vehicles for transportation purposes, shall be allowed to continue operating until the end of their service life as prescribed.”

Article 2. Effectiveness and responsibility for implementation

1. This Decree takes effect from December 25, 2012.

2. The Ministry of Transport shall coordinate with relevant ministries and agencies to guide the implementation of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.

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Decree No. 93/2012/ND-CP amending and supplementing certain articles of Decree No. 91/2009/ND-CP dated October 21, 2009 of the Government on business operations and conditions for operating road passenger transport services using motor vehicles.

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