Nghị định 92/2001/NĐ-CP của Chính phủ về việc quy định điều kiện kinh doanh vận tải bằng ô tô

DECREE

ON BUSINESS CONDITIONS FOR AUTOMOBILE TRANSPORTATION

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Law on State Enterprises of April 20, 1995;

Pursuant to the Law on Cooperatives of March 20, 1996;

Pursuant to Law No.13/1999/QH10 on Enterprises of June 12, 1999;

Pursuant to Law No.26/2001/QH10 on Land Road Traffic of June 29, 2001;

At the proposal of the Minister of Communications and Transport,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-Scope of regulation

This Decree prescribes the business conditions for passenger transportation and cargo transportation by automobiles on the land road system of the Socialist Republic of Vietnam, which are hereinafter referred collectively to as the automobile transportation business.

Article 2.-Objects of application

1. This Decree applies to all organizations and individuals dealing in the automobile transportation on the Vietnamese territory.

2. In cases where an international treaty concerning the automobile transportation business, which Vietnam has signed or acceded to, contains provisions different from those of this Decree, such international treaty’s provisions shall apply.

Article 3.-Conditional automobile transportation business lines

Conditional automobile transportation business includes the following lines:

1. Passenger transportation along fixed routes;

2. Passenger transportation by bus;

3. Passenger transportation by taxi;

4. Passenger transportation under contracts;

5. Cargo transportation.

Article 4.-Term interpretation

In this Decree, the following expressions shall be construed as follows:

1. "Automobile transportation business" means the use of automobiles to transport passengers and cargoes with the collection of fare and freight.

2. "Passenger transportation along fixed routes" means business transportation of passengers by automobiles along routes with definite terminals of departure and terminals of arrival, and automobiles shall run according to the prescribed schedules and itineraries.

3. "Passenger transportation by bus" means business transportation of passengers by buses along fixed routes within inner cities and provincial towns and outskirts thereof, with definite stops for passenger embarkation and disembarkation, and buses shall run according to the operation charts.

4. "Passenger transportation by taxi" means business transportation by taxis not along fixed routes, with running time and itineraries at the customers requests, and fare calculated according to the taxi meters.

5. "Passenger transportation under contracts" means business automobile transportation not along fixed routes and conducted under transportation contracts signed between transport hirers and carriers.

6. "Cargo transportation" means the use of automobiles to transport cargoes with the collection of freight.

Chapter II

BUSINESS CONDITIONS FOR AUTOMOBILE TRANSPORTATION

Article 5.-General business conditions for automobile transportation

Organizations and individuals wishing to be engaged in automobile transportation business must fully meet the following conditions:

1. They have business registrations for production and business lines specified in Article 3 of this Decree;

2. Automobiles used in transport activities must satisfy the motorized vehicles conditions for participation in traffic as prescribed in Article 48 of the Land Road Traffic Law and shall be used within the use duration prescribed in this Decree;

3. Automobiles must be inscribed with names or appellations of transport business organizations and/or individuals on their doors;

4. They must register fare and/or freight rates with the local price managing bodies under the guidance of the Ministry of Communications and Transport and the Government Pricing Committee, publicly post up and observe the already registered fare and/or freight rates. Fare rates applicable to passenger transportation by bus shall be prescribed by the presidents of the provincial-level People’s Committees.

Article 6.-Business conditions for passenger transportation along fixed routes

Those wishing to deal in passenger transportation along fixed routes must fully meet the following conditions:

1. They must fully meet the conditions prescribed in Article 5 of this Decree;

2. They must be enterprises and have business registrations according to law provisions;

3. They have registered with the specialized State management agencies in charge of communications and transport according to the regulations of the Ministry of Communications and Transport;

4. Their automobiles have use durations not exceeding the following limits:

a/ For transport distances of over 300 km:

- 15 years or less for automobiles manufactured for passenger transportation;

- 12 years or less for automobiles of other types converted into passenger cars before January 1, 2002.

b/ For transport distances of 300 km or less:

- 20 years or less for automobiles manufactured for passenger transportation;

- 17 years or less for automobiles of other types converted into passenger cars before January 1, 2002.

Article 7.-Business conditions for passenger transportation by bus

Organizations and individuals wishing to deal in passenger transportation by bus must fully meet the following conditions:

1. They must fully meet the conditions prescribed in Article 5 of this Decree;

2. They have made registration with local communications and transport management bodies;

3. Their buses must have 17 seats or more and a floor area for standing passengers according to the Vietnamese standards - TCVN 4461-87;

4. Their buses have use durations as prescribed at Point b, Clause 4, Article 6 of this Decree;

5. They observe fare rates decided by presidents of provincial-level People’s Committees.

Article 8.-Business conditions for passenger transportation by taxi

Organizations and individuals wishing to deal in passenger transportation by taxi must fully meet the following conditions:

1. They must fully meet the conditions prescribed in Article 5 of this Decree;

2. Their taxis have 8 seats or less (including driver’s seat), a meter indicating payable fare calculated according to the running distance in kilometers and a "Taxi" or "Meter Taxi" light box on taxi roof;

3. Their taxis have use durations not exceeding 12 years;

4. They have registered their taxis paint colors, their enterprises logos and contact telephone numbers;

5. Their taxi drivers must be provided with training in public communication skills and passenger transportation service and granted certificates thereof by Vietnam Automobile Transportation Association.

Article 9.-Business conditions for passenger transportation under contracts

Organizations and individuals wishing to deal in passenger transportation under contracts must fully meet the following conditions:

1. They must fully meet the conditions prescribed in Article 5 of this Decree;

2. When their automobiles are in operation, there must be written transport contracts which clearly state time, place of departure, place of destination, number of passengers, fare or freight rate and route;

3. Their automobiles have use durations as prescribed in Clause 4, Article 6 of this Decree;

4. In the course of transportation, there must be "contracted automobile" signboard put up on windshield.

Article 10.-Business conditions for cargo transportation

Organizations and individuals wishing to deal in cargo transportation by automobiles must fully meet the following conditions:

1. They must fully meet the conditions prescribed in Clauses 1, 3 and 4, Article 5 of this Decree;

2. Automobiles used to transport cargoes must satisfy the motorized vehicles conditions for participation in traffic, prescribed in Article 48 of the Land Road Traffic Law;

3. They must have automobiles capable of meeting preservation and/or transportation requirements when entering into contracts for transport of super-length, super-weight or hazardous cargoes.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN AUTOMOBILE TRANSPORTATION BUSINESS

Article 11.-Responsibilities of organizations and individuals engaged in automobile passenger transportation business

Organizations and individuals engaged in automobile passenger transportation business shall have to:

1. Observe the land road passenger transportation regulation and the regulations on ensuring order and safety of land road communications and transport;

2. Observe the reporting and statistical regimes and fulfill other obligations prescribed by law;

3. Organizations dealing in passenger transportation along fixed routes shall also have to:

a/ Arrange enough automobiles for transportation along the already registered routes;

b/ Strictly observe schedule and itinerary on each route;

c/ Send their automobiles to embark and disembark passengers at already announced terminals and en-route stops.

Article 12.-Responsibilities of organizations and individuals dealing in automobile cargo transportation

Organizations and individuals wishing to deal in automobile cargo transportation shall have to:

1. Observe the land road cargo transportation regulation and the regulations on ensuring order and safety of land road communications and transport;

2. Observe the specific regulations on transport, loading, unloading and preservation of hazardous, super-length and super-weight cargoes;

3. Observe the reporting and statistical regimes and fulfill other obligations prescribed by law.

Chapter IV

EXAMINATION, INSPECTION, COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 13.-Examination and inspection of automobile transportation business activities

1. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial-level People’s Committees shall, within the scope of their respective functions and tasks, have to organize examinations, inspections and handling of violations.

2. Examination and inspection shall cover the observance of the provisions of this Decree and other relevant law provisions concerning transportation by those engaged in the lines specified in Article 3 of this Decree.

3. The examination and inspection of organizations and individuals engaged in automobile transportation business must be conducted in compliance with the current law provisions.

Article 14.-Complaints and denunciations

Organizations and individuals dealing in the production and business lines specified in Article 3 of this Decree may lodge complaints and/or denunciations to the competent authorities or initiate lawsuits at courts according to law provisions against State agencies and/or individuals that commit acts of violating the provisions of this Decree and relevant law provisions.

Article 15.-Handling of violations

Organizations and individuals that violate the provisions of this Decree shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability. If damage is caused, compensations therefor must be made according to law provisions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 16.-Implementation effect

1. This Decree takes effect 15 days after its promulgation. All previous stipulations which are contrary to the provisions of this Decree are hereby annulled.

2. Organizations and individuals currently engaged in the business lines specified in Article 3 of this Decree shall have to fully meet the prescribed business conditions within 120 days after this Decree takes effect.

Article 17.-Implementation responsibilities

1. The Minister of Communications and Transport shall study and formulate mechanisms and policies to support and encourage enterprises to invest in transport means to operate on transport routes in mountainous, deep-lying and remote regions, as well as passenger transportation by bus, then submit them to the Prime Minister for decision.

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

3. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities and the concerned organizations and individuals shall have to implement this Decree.