Thông tư 12/2020/TT-BGTVT tổ chức, quản lý hoạt động vận tải bằng xe ô tô

CIRCULAR

Providing regulations on the organization and management of by-automobile transport activities and road transport support services

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Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Government’s Decree No. 10/2020/ND-CP dated January 17, 2020, providing by-automobile transport business and its conditions;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 20, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Transportation and the Director General of the Directorate for roads of Vietnam,

The Minister of Transport hereby promulgates the Circular providing regulations on the organization and management of by-automobile transport activities and road transport support services.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Circular provides regulations on the organization and management of by-automobile transport activities and road transport support services.

Article 2. Subjects of application

This Circular applies to agencies, organizations and individuals involved in by-automobile transport activities and road transport support services.

Article 3. Interpretation of terms

For the purpose of this Circular, the terms below are construed as follows:

1. The following terms: Transport business units; by-automobile transport business; fixed route; passenger transport business along a fixed route; by-bus passenger transport business along a fixed route; by-taxi passenger transport business; contracted passenger transport business without a fixed route; by-automobile tourist transport business; passenger transit; design load of an automobile; allowable load of an automobile; passenger car station; freight car station; roadside station; departure time of a each trip; operation itinerary; operation schedule; operation chart; application software supporting transport connection; directly managing vehicles and drivers shall comply with Article 3 of the Government’s Decree No. 10/2020/ND-CP dated January 17, 2020, providing by-automobile transport business and its conditions (hereinafter referred to as the Decree No. 10/2020/ND-CP).

2. Stopping point for passenger pick-up and drop-off (including bus stop) means the place to stop on the road for an automobile operating on a fixed route for passengers to get in and off the automobile. Such places must be included in the automobile’s operation itinerary.

3. Parking service means a road transport support service, in which, organizations and individuals shall provide parking service and collect charges from that service.

4. Road transport rescue service means activities supporting means and assets on road vehicles when an accident or incident occurs.

5. Parking lot means a construction of the road infrastructure facility for road vehicles to park.

6. Parking place of a transport business unit means a location owned by the unit or hired or co-operated with organizations or individuals to park vehicles suitable to the size of their own unit, ensuring the demand for order, safety, fire and explosion prevention and fighting and environmental sanitation.

7. Carrier’s agent means a road transport support service, of which, an individual or organization is authorized to perform one or many stages in the transport process by a transport business unit (except for the stage of directly managing cars and drivers transporting passengers and goods; or determining fares).

8. Assigning driver to drive vehicles to transport via an application software supporting transport connection means an organization or individual use the application software supporting transport connection to receive customers’ transport requests and select an appropriate vehicle and driver, transfer information on the transport requests to the driver performing transport tasks.

9. Assigning driver to drive vehicles to transport via a transport contract as prescribed means an organization or individual use a transport contract to assign transport tasks for a driver.

10. Assigning driver to drive vehicles to transport via a transport order means an organization or individual use a transport order to assign transport tasks for a driver.

11. Assigning driver to drive vehicles to transport via a transport paper means an organization or individual use a transport paper to assign transport tasks for a driver.

12. Determining fares means the determination of fares by a transport business unit to notify customers or directly reach an agreement with customers on fares before performing the transport.

13. Person possessing professional qualifications on transport means a person possessing an elementary certificate in transport or an intermediate diploma in transport or higher.

 

Chapter II

SPECIFIC PROVISIONS ON FORMULATION AND IMPLEMENTATION OF THE PROCESS TO ENSURE TRAFFICT SAFETY AND TASKS OF UNITS IN CHARGE OF MANAGEMENT AND MONITORING OF TRAFFICT SAFETY CONDITIONS

 

Article 4. Specific provisions on the process to ensure traffic safety

A process to ensure traffic safety must follow the order and contain at least contents as follows:

1. Before assigning new transport tasks to the drivers, the units in charge of management of traffic safety conditions of enterprises and cooperatives conducting by-automobile passenger transport business along fixed routes, buses, taxis, containers or officers assigned to monitor traffic safety in contracted passenger transport business units and tourist transport business units and goods transport business units (hereinafter collectively referred to as units (officers) in charge of management of traffic safety) must perform the following tasks:

a) On a daily basis, summarizing and analyzing data on each vehicle operation during its transport task performance via the itinerary monitoring device and other management measures of the units in order to regulate and handle cases of violation;

b) Receiving and handling proposals and reports from drivers on issues related traffic safety;

c) Cooperating with other departments of the units to collect customers’ transport requests, research and understand conditions on transport route and other contents related traffic safety;

d) Cooperating with other departments of the units to arrange vehicles and assign drivers to perform transport tasks to ensure that the drivers’ continuous driving time, working time in a day and rest time in accordance with the Law on Road Traffic; not using cars with double-deck beds to operate on mountainous roads of grades V and VI.

2. Before performing the transport tasks, the person directly operating transport activities of an enterprise or cooperative (hereinafter referred to as transport operator) or an officer in charge of management of a transport business unit and the driver shall perform the following work (by-taxi transport business activities shall comply with the unit’s production and business plan):

a) Checking the driver's licenses; certificates of technical safety and environmental protection inspection; vehicle registration certificate; transport order for the activity of transporting passengers along fixed route, buses; transport contracts for the activity of transport passengers under contracts, tourist transport; transport papers for the activity of transporting goods; other papers at requests by the managing units;

b) Notifying directly or via the software of a transport business unit to the driver about customers’ transport requirements and contents to be noticed for traffic safety assurance (if any);

c) Testing the alcohol concentration and narcotics for the driver (if the unit equipped with testing devices and equipment).

3. After being assigned with tasks and before operating the vehicle, the driver assigned the transport task must check at least the following key contents to ensure the technical safety situation of the vehicle (by-taxi passenger transport business unit shall check according to its production and business plan): Checking and ensuring the itinerary monitoring devices and cameras installed in vehicles (for vehicles required to have cameras or itinerary monitoring devices as prescribed) in good conditions; checking the steering system, wheels, brake system; light and horn system; information displayed in vehicles.

4. Before starting the vehicle to perform the transport task, the assigned driver shall use his/her driving identification card to log on the vehicle’s itinerary tracking device via its card reader.

5. When the vehicle is on the road

a) The unit (officer) in charge of traffic safety management or the transport operator or managing officer assigned by the unit shall perform the following tasks: Monitoring the operation process of the vehicle and driver during the performance of transport tasks via an itinerary monitoring device; immediately remind the driver when detecting the vehicle is overspeed, or the continuous driving time is passed, or the working time in a day is passed, or the vehicle does not run along the transport itinerary or the itinerary monitoring device has no signal and when detecting other risks of traffic unsafety; receiving and proposing solutions to handle when such traffic unsafety incidents occur. Information about regulating or reminding the driver's violations shall be recorded or updated into the unit’s software for monitoring;

b) The driver must strictly abide by regulations on traffic safety when operating the vehicle to transport passengers and goods, comply with regulations on the continuous driving time, working time in a day of a driver, regulations on vehicle speed or operation itinerary, the itinerary monitoring devices and cameras (for those required cameras or itinerary monitoring devices) must be always active; immediately report the time, location and causes of traffic unsafety incidents so as the unit promptly take measures for settlement.

6. When the driver completes his/her assigned tasks or finishes his/her work shift

a) The unit (officer) in charge of traffic safety management or the transport operator or managing officer assigned by the unit shall perform the following tasks: Listing the distance that the vehicle has traveled and use it as a basis to make a plan and carry out the regimes of maintenance and repairing of the vehicle according to its periodic maintenance cycle; listing and monitoring the maintenance and repairing results of each vehicle; listing violations of regulations on vehicle’s speed, continuous driving time of a driver, working time in a day or operating in contravention of the transport itinerary, data from the itinerary monitoring device is interrupted; reporting the head of the unit to handle in accordance with regulations; summarizing traffic unsafety incidents occurring when the vehicle used in transport business is operated on the road;

b) The driver must perform the following tasks: Using his/her driving identification card to log off the vehicle’s itinerary tracking device via its card reader; at the end of the trip or at the end of the work shift, before leaving the vehicle, the driver must check the passenger cabin to ensure that there is no passenger left on the vehicle (applicable to vehicles used in passenger transport business).

7. On a monthly, quarterly and annually, the unit (officer) in charge of traffic safety management shall perform the following tasks:

a) Making a statistic on the number of accidents, causes and serious levels of happened accidents caused by each driver and the whole unit;

b) Formulating and implementing plans to handle traffic unsafety incidents occurring during the transport business process;

c) Organizing the evaluation, drawing from experiences for all drivers of the unit after a serious (or higher) traffic accident happens during the transport business process;

d) Cooperating with professional departments of the unit to organize training courses on transport and traffic safety for drivers and vehicle attendants (if any) of the unit as prescribed;

dd) Storing dossiers and books in paper form or on the software of task performance results in accordance with Clauses 2, 3, 5 and Point a, Clause 6 of this Article. The storing time is at least 03 years.

Article 5. Performance of the process to ensure traffic safety in by-automobile transport business units

1. Transport business units (enterprises, cooperatives and business households doing by-automobile transport business may select to implement the process to ensure traffic safety according to Point a or Point b as follows:

a) Applying and implement fully and properly contents as prescribed in the Vietnamese National Standards TCVN ISO 39001:2014 on road traffic safety management systems - Requirements with guidance for use and must ensure compliance with Point a, Clause 2, Article 11 of the Decree No. 10/2020/ND-CP and Article 4 of this Circular;

b) Formulating and implementing properly and fully the process to ensure traffic safety as prescribed in Clause1 and Point a, Clause 2, Article 11 of the Decree No. 10/2020/ND-CP and Article 4 of this Circular.

2. In case where the business household doing transport business is concurrently the driver of the vehicle used to conducting transport business, provisions at Point c, Point d, Clause 1; Point a, Clause 2; Clause 3; Clause 4; Point b, Clause 5; Clause 6; Point dd, Clause 7, Article 4 of this Circular must be complied with.

Article 6. Specific provisions on formulating and implementing the process to ensure traffic safety applicable to passenger and freight car stations

Passenger and freight car stations must formulate and implement fully the process to ensure traffic safety according to the order as follows:

1. Work to be done when the vehicle enters the station

The station staff and drivers must perform the following tasks:

a) Checking and determining vehicles permitted to operate at the station by the competent agency and confirm the vehicles to the station (applicable to passenger car stations);

b) Guiding the driver to drive the vehicle to the right place to drop off passengers or return goods; updating information into the car station management software as prescribed;

c) Guiding the driver to drive the vehicle to the right place for parking in accordance with the station's regulations.

2. Work to be done before the vehicle enters the pick-up location (location for loading goods)

Before permitting the vehicle to enter the pick-up or loading location, the station staff must check and record into the book of monitoring vehicles exit from and enter the station or update the following contents into the car station management software:

a) Checking the vehicle, including: automobile registration certificate; certificates of technical safety and environmental protection; valid civil liability insurance; badges affixed on the windshield which are valid and in compliance with regulations; the data on location of the vehicle at the car station must be shown on the system of processing, exploiting and using data from the itinerary tracking devices of the Directorate for Roads of Vietnam and cameras which are active (for the type of vehicles required to have itinerary tracking devices or cameras); fire extinguisher; escape tools (if any);

b) Checking the driver, including: The number of drivers and driver's licenses; name cards and uniforms (if any); transport order or transport papers;

c) Checking the transport service quality registration contents registered with the agency in charge of route management and checking the price listing (applicable to the car station); checking and ensuring the fully and properly public listing of information on the vehicle as prescribed;

d) Checking information stated on the vehicle registration plate (vehicle control plate) and information about the driver must in compliance with information stated in the transport order, transport contract or transport papers as prescribed; testing and ensuring that the driver does not use beer, liquor or narcotics (if the unit has testing devices and equipment). Freight car stations also are subject to inspection of information on dangerous goods transport permits as prescribed if the vehicle transporting dangerous goods;

When the station staff checks and detects that the vehicle papers are seized by the functional agency or the driver’s papers are seized by the functional agency to handling violations when being on its first turn of its trip, the driver may continue driving the vehicle for the next turn of the trip as stated on the transport order.

3. Work to be done when the vehicle enters the pick-up or loading location

a) After the station staff completes the inspection of contents mentioned in Clause 2 of this Article:

If there is any inspection content that fails to meet requirements, depending on the level of each items to require the transport business unit, the driver shall immediately remedy such contents or another vehicle or driver shall arranged to replace the previous one;

In case where all inspection contents meet requirements, the station staff shall guide the driver to drive the vehicle to the pick-up or loading location according to the prescribed time and perform the next works prescribed at Points b and c of this Clause;

b) The passenger car station shall sell tickets for passengers if it is authorized by the transport business units; monitor the process of arranging seats for passengers and loading luggage onto the vehicles at the car station in order to timely detect and prevent the transport of banned goods, flammable and explosive goods, live animals on the passenger cars; ensure that the loading of consignments onto the vehicles shall comply with regulations and consignments shall not be loaded on passenger cabins; ensure that the number of passengers in a vehicle is not more than the permitted number; all passengers must have tickets and be arranged with the correct seat number as stated in their ticket;

c) The freight car station shall monitor the process of loading goods and luggage onto the vehicles in the car station in order to timely prevent the transport of goods banned from transport; ensure the loading of goods onto the vehicles as prescribed. Freight car stations are encouraged to equip technical devices to detect goods banned from transport in the car stations; load goods onto the vehicles with the volume of goods permitted to transport when traveling on road as stated in the certificate of technical safety and environmental protection inspection of that vehicles; require the goods loader to sign in the transport papers after loading goods onto the vehicles;

d) Monitoring the automobile and driver activities when they are in the car station.

4. Works to be settled so as the vehicle can departure

Before allowing the vehicle to departure, the station staff and drivers must perform the following tasks:

b) The passenger car station shall determine the total number of sold tickets (except for the case where the transport business unit sells ticket by itself), the drivers shall pay service charges (except for the case of other payment under the service contracts signed between the transport business unit and the car station management and exploitation unit) and together with the station staff, sign to confirm and handover papers as prescribed. Check and sign to confirm information stated on the transport order;

b) The freight car station shall determine the volume and type of goods loaded on the vehicles, the drivers shall pay service charges (except for the case of other payment under the service contracts signed between the transport business unit and the car station management and exploitation unit) and together with the station staff, sign to confirm and handover papers as prescribed. Check and sign to confirm information stated in the transport papers;

c) The station staff shall be responsible for recording and confirming that the drivers have fully completed procedures for the vehicles to departure as prescribed. Update information into the car station management software when the vehicle leaves the car stations as prescribed; summarize cases where the vehicles are not allowed to leave the car stations in accordance with regulations and the traffic safety situation at the car stations.

5. Roadmap for applying the process to ensure traffic safety for car stations

a) For passenger car stations of types from 1 to 6: applicable from the effective date of this Circular;

b) For car stations of other types and freight car stations: applicable from January 01, 2021.

Article 7. Tasks of the units in charge of management and monitoring of traffic safety conditions

1. To organize the implementation of tasks assigned according to Article 4 of this Circular.

2. To inspect and monitor conditions of technical safety and environmental protection of the vehicles; to urge and monitor the implementation of technical inspection, maintenance and repairing regimes; to inspect and supervise closely the technical conditions of the vehicles.

3. To manage and monitor compulsory information from the itinerary monitoring devices of the vehicles, images from cameras installed in the vehicles to timely provide warnings and prevent acts of violation; to use information from the itinerary monitoring devices of automobiles, images from cameras installed in the vehicles for the management of the units and provide compulsory information of each vehicle to the competent State agency upon request; to monitor and propose to timely repair or replace any damage of the itinerary monitoring devices or cameras installed in the vehicles; and on an monthly, quarterly and annually basis, to report violations of the drivers of the units.

 

Chapter III

PROVISIONS AND GUIDANCE ON MANAGEMENT AND USE OF IMAGES FROM CAMERAS INSTALLED ON AUTOMOBILES USED FOR TRANSPORT BUSINESS

 

Article 8. Technical requirements and guidance on installing cameras on automobiles

1. The transport business unit shall install cameras in its automobiles used for transport business in accordance with Clause 2, Article 13 and Clause 2, Article 14 of the Decree No. 10/2020/ND-CP. Cameras installed in the vehicles must meet at least the technical requirements as follows:

a) Having goods labels as prescribed by law when circulating on the market and subject to the inspection of the agency in charge of management and inspection of product and goods quality;

b) Having the function of recording and storing videos and ensuring data safety when the power is cut, ensuring that the data shall not be lost, erased or changed during its prescribed storing period; having the function of transmitting images to the server for the monitoring, management and storing as prescribed; having the function of notifying the operation status of the camera, and notifying the data transmission status to the server. In case of losing transmission signals, the camera must be able to store and re-send full data to the server immediately after the transmission is connected and active again;

c) The format of videos recorded from the camera installed in the vehicle shall comply with the standard format (MP4 or H.264 or H.265), and accompanied by at least information such as: vehicle registration plates (vehicle control plates), locations, time; videos stored in the memory card or hard disk drive of the camera, with the frame rate of at least 10 pictures/second and the resolution of at least 720p. Images recorded from the camera must be clear in all light conditions (including night time);

d) Images extracted from all cameras installed in the vehicle must be transmitted with the frequency of from 12 to 20 times per hour when the vehicle is operating (equivalent to 3 - 5 minutes/transmitting time) to the transport business unit. Images transmitted to the server shall be in .JPF format and have the resolution of at least 640x480 pixel;

dd) Data recorded and stored in the camera installed in the vehicle and the server of the transport business unit shall not be erased or changed during the storing period as prescribed.

2. The transport business unit shall decide on the location and number of cameras to be installed in its own vehicles so as to fully observe the driver (when being on his/her duty), the whole passenger cabin and vehicle's doors; when installing cameras in the vehicles, it is required to ensure that there is no illegal interference or changes to the honestly recording of images on the vehicles. The transport business unit shall list its instructions at the convenient place so that the drivers can monitor. Information to be listed including:

a) The telephone number and contact address of the unit in charge of camera installation;

b) The operation status of the devices through signals;

c) Procedures for connecting cameras with the computer or data reader.

3. Transport business units and transport business drivers must not use technical measures, peripheral equipment and other measures to interfere with the process of operation, destroy (or interfere) with GPS, GSM waves or falsify data of the cameras installed on the automobiles.

Article 9. Provisions on providing images from cameras installed in the vehicles

1. Images from cameras installed in the vehicles must be transmitted to the server of the Directorate for Roads of Vietnam within a maximum of 02 minutes, from the time on which the transport business unit's server receives the data. In case where the transmission is interrupted, it is allowed to transmit previous and current data at the same time when the transmission is available.

2. Data to be provided is classified into 02 types, including identification data and images from cameras installed in the vehicles.

a) Identification data includes: Name of the transport business unit; name of the provincial-level Department of Transport (where the transport business license is issued); vehicle registration plate (vehicle control plates); vehicle load (the number of seats or volume of goods permitted to carry when traveling on road); business type; full name of the driver and the driver's license numbers. Such identification data must be connected with images from cameras installed in the vehicles;

b) Images from cameras installed in the vehicles must be continuously updated in the order of time and attached with at least information as follows: the driver's license numbers, vehicle registration plates (vehicle control plates), location (GPS) of the vehicle and time.

3. Structure of information attached to images from cameras is prescribed as follows:

a) The driver's license number means the number recorded on the driving license of a person who is driving the vehicle;

b) The vehicle registration plate (vehicle control plate): is recorded without spaces and special characters, regardless upper case or lower case form. For example: 30E00555;

c) Vehicle's location: Decimal Degree, WGS84 (longitude, latitude);

d) Time: Unix-time according to Vietnam time zone.

4. Data transmission protocol provided by the Directorate for Roads of Vietnam.

5. The server of the unit transmitting data and the server of the Directorate for Roads of Vietnam must be synchronized with the national standard time according to the network time protocol.

Article 10. Provisions on exploitation and use of images from cameras installed in the vehicles

1. The exploitation of data from cameras installed in the vehicles shall comply with law regulations on technology information and other relevant laws.

2. Information and data from cameras installed in the vehicles shall be used to serve the state management on traffic and transport, the management of drivers’ and vehicles’ activities of transport business units, and provided to police agencies (the Traffic Police Department, and district-level Traffic Police Division, Road-Rail Traffic Police Division, or Road Traffic Police Division of the provincial-level Department of Public Security) and transport agencies (the Ministry of Transport and provincial-level Departments of Transport) to serve the state management, examination, and handling of violations in accordance with law regulations and other works to ensure order security and traffic safety.

3. The confidentiality of information and data in the database recorded from cameras which is available on the Internet environment shall be kept in accordance with the law on information security and other relevant laws.

4. Agencies and units that are granted an account to log in the Directorate for Roads of Vietnam’s database on images from cameras must keep account and information secure as prescribed, and exploit, use data for the management according to their functions and tasks.

Article 11. Responsibilities of the Directorate for Roads of Vietnam

1. To equip, manage, upgrade and maintain hardware and software devices, data transmission lines to receive, store and use images from cameras installed in the vehicles before July 01, 2021.

2. To provide data transmission accounts for transport business units or service providers authorized or hired by transport business units.

3. To develop the protocol so that units can transmit data to the Directorate for Roads of Vietnam.

4. To exploit and use images from cameras that are available on the Directorate for Roads of Vietnam’s software to serve the state management, inspection, supervision and handling of violations in transport all over the country.

5. To grant accounts to log in the database on images from cameras for the Ministry of Transport, the Traffic Police Department, and the district-level Traffic Police Division, the Road-Rail Traffic Police Division, and the Road Traffic Police Division of the provincial-level Department of Public Security and the provincial-level Departments of Transport to serve the state management, inspection, supervision and handling of violations in accordance with law provisions and other works to ensure order security and traffic safety.

6. To appoint officers to monitor and operate the software, ensuring that the system is not interrupted during the exploitation and use.

7. To store data summarizing violations of vehicles and drivers on the Directorate for Roads of Vietnam’s software for 03 years; keep security and confidentiality of data on the software.

8. To request the provincial-level Departments of Transport to handle violations committed by drivers and transport business units in the areas.

Article 12. Responsibilities of the provincial-level Departments of Transport

1. To appoint officers to monitor, exploit and operate images from cameras on the Directorate for Roads of Vietnam’s software or the local transport business units’ software to serve the state management, inspection, supervision and handling of violations in transport business activities committed by local transport business units.

2. To check, update and compare information to ensure the accuracy of data transmitted from transport business units to the Directorate for Roads of Vietnam, including name of the provincial-level Department of Transport and the transport business unit; vehicle registration plates (vehicle control plates); vehicle load (the number of seats or volume of goods permitted to carry when traveling on road); business type and the number of vehicles required to install cameras as prescribed.

3. To request local transport business units within the management to handle violations committed by their drivers.

Article 13. Responsibilities of transport business units

1. To comply with Clause 5, Article 34 of the Decree No. 10/2020/ND-CP.

2. To equip, manage and maintain hardware and software devices used to process data, data transmission lines must be connected, be able to transmit data and compatible to the software receiving data of the Directorate for Roads of Vietnam.

3. To accurately, adequately and timely transmit data specified at Point b, Clause 2, Article 9 of this Circular to the Directorate for Roads of Vietnam’s server.

4. To appoint officers to monitor, exploit and operate images from their cameras to serve the management, operation, recommendation and handling of violations; to check the accuracy of information on vehicle registration plates (vehicle control plates), vehicle load (the number of seats or volume of goods permitted to carry when traveling on road), the driver's license numbers, business types of their vehicles.

5. To handle responsibility for managing, monitoring, exploiting and using data for concerned individuals and units as prescribed; to timely handle drivers violating units’ internal rules and regulations.

6. Transport business units shall directly perform or sign a contract to hire service providers to perform regulations specified in Clauses 1, 2 and 3 of this Article.

 

Chapter IV

BY-AUTOMOBILE PASSENGER TRANSPORT BUSINESS

 

Section 1. GENERAL REQUIREMENTS

Article 14. Requirements for passenger transport business units

1. To comply with Article 34 of the Decree No. 10/2020/ND-CP.

2. Management and use of automobiles used for transport business

a) To formulate and implement plans on technical maintenance (hereinafter collectively referred to as maintenance) and repairing vehicles to ensure that all vehicles must be maintained and repair according to the Ministry of Transport’s Circular No. 53/2014/TT-BGTVT dated October 20, 2014, on providing technical maintenance and repairing for road motor vehicles.

b) To write and fully update the operation process of the vehicles to the vehicles’ operation records or vehicle management software of the unit with at least information according the form provided in Appendix 1 attached to this Circular;

c) To connect and update data of vehicles’ operation records via the by-automobile transport business management software of the Ministry of Transport (the Directorate for Roads of Vietnam) according to the roadmap prescribed at Point d, Clause 3, Article 11 of the Decree No. 10/2020/ND-CP;

d) To use automobiles used for transport business which satisfy regulations specified at Points a and b, Clause 3, Article 11 and Article 13 of the Decree No. 10/2020/ND-CP.

3. To manage drivers

a) To employ drivers who satisfy requirements on experiences specified at Point c, Clause 3, Article 11 of the Decree No. 10/2020/ND-CP to drive cars with double-deck beds;

b) To write and fully update the operation process of the drivers to the drivers’ operation records or driver management software with at least information according the form provided in Appendix 2 attached to this Circular;

c) To connect and update data of drivers’ operation records via the by-automobile transport business management software of the Ministry of Transport (the Directorate for Roads of Vietnam) according to the roadmap prescribed at Point d, Clause 3, Article 11 of the Decree No. 10/2020/ND-CP;

d) To ensure that the drivers comply with regulations on working time in a day, continuous driving time and rest time as prescribed in Clause 4, Article 11 of the Decree No. 10/2020/ND-CP.

4. To directly manage their vehicles and drivers to transport passengers according to one of the following methods:

a) Via an application software to support transport connection;

b) Via the transport order;

c) Via the transport contract.

5. To decide on fares for the units’ transport business.

6. To develop or apply service quality standards

a) Enterprises and cooperatives conducting passenger transport business along a fixed route, by-bus or by-taxi passenger transport business must develop or apply the basic standard on passenger transport business quality promulgated by the Directorate for Roads of Vietnam. In case where the unit develops its own service quality standard, it is required to clearly state that standard equivalent to which level of the basic standard on passenger transport business quality promulgated by the Directorate for Roads of Vietnam;

b) Before operating one route or change the service quality, an enterprise or cooperative conducting passenger transport business along a fixed route shall send a notice on the level of service quality of that route to the car stations of both ends of a route.

7. To store related dossiers and documents in the transport management and operation of the unit to server the inspection and supervision; the storing time is at least 03 years.

Article 15. Installation, management and use of information from the vehicles’ itinerary monitoring devices

1. The vehicle’s itinerary monitoring device must be recognized as conformity, ensure the fully and continuously recording and transmission to the server of the transport business unit or the unit providing the service of processing data from the itinerary monitoring device with the following compulsory information: itinerary, speed, and continuous driving time of the driver.

2. Responsibilities of transport business units

a) To install itinerary monitoring devices in their vehicles as prescribed;

b) To maintain such devices, ensure adequately, accurately and continuously transmit and provide compulsory information as prescribed from the itinerary monitoring devices when the vehicles traveling on road;

c) To provide accounts and passwords to log in the data processing software from the itinerary monitoring device of their vehicles for provincial-level Department of Transport of place where the badges and signboards are granted;

d) To appoint officers to monitor and supervise the vehicle operations through the itinerary monitoring devices during the vehicles’ transport business process; to provide warnings and handle drivers violating the units’ internal rules and regulations;

dd) To update and store compulsory information in a systematical manner for at least 01 year.

3. Transport business units and drivers shall comply with Clause 6, Article 12 of the Decree No. 10/2020/ND-CP.

Article 16. Organizing training courses on transport and traffic safety for drivers and vehicle attendants

1. Those who are subject to training courses: Drivers and vehicle attendants.

2. Training contents: According to the curriculum of the Minister of Transport.

3. Training time:

a) Before conducting transport business;

b) Every 03 year at most, since the previous training.

4. Trainers include:

a) Transport teachers of intermediate schools or higher with training in road transport and persons possessing intermediate or higher degrees in transport;

b) Persons with college or university degrees in other majors and having at least 03 years' experience in road transport management and operation.

5. Transport business units shall be responsible for organizing training courses on transport and traffic safety for drivers and vehicle attendants and ensure the following requirements:

a) Ensuring to comply with contents specified in Clauses 1, 2, 3 and 4 of this Article;

b) During the training process, transport business units may cooperate with other transport business units, the Vietnam Automobile Transportation Association and local automobile transportation associations, car driver training facilities, training schools for the Ministry's cadres and civil servants, ministerial-level agencies and training schools of intermediate and higher level (schools with transport major) to organize the training courses for drivers and vehicle attendants;

c) Before organizing the training courses, the organizing unit shall notify to the provincial-level Department of Transport in locality about training plans, location and the list of trainers and the list of participants for inspection and supervision;

d) A certificate made according to the form provided in Appendix 3 attached to this Circular, shall be granted for those who have completed the training course; dossiers of the training programs and training results shall be stored for at least 03 years.

6. Provincial-level Departments of Transport shall

a) Assign officers to direct monitor or monitor via cameras to monitor online the training of the organizing units;

b) Not to recognize the training results and ask the organizing units to re-train in accordance with regulations in case where the organizing units fail to notify the provincial-level Departments of Transport according to Point c, Clause 5 of this Article or in case where the organizing units fail to satisfy requirements specified at Point a, Clause 5 of this Article.

Section 2. BY-AUTOMOBILE PASSENGER TRANSPORT BUSINESS ALONG FIXED ROUTES

Article 17. Route setting criteria

1. Having a road system announced to be operated on the entire itinerary.

2. Having a station of departure and station of destination which have been announced and put into operation by a competent agency.

3. Fixed passenger transport route code

a) An inter-provincial fixed passenger transport route has a route code determined by the codes of provinces or cities of departure and destination; codes of the passenger car stations of departure and destination.  A route code shall be numbered in the order: province, city with small code before the province or city with large code; the passenger car station of a province or city with small code in front of the passenger car station of the province or city with large code. In case where there are many different itineraries in a route, characters in Vietnamese alphabet (A, B, C) shall be added to the end of the number sequence;

b) An intra-provincial fixed passenger transport route has a route code determined by the code of province or city; codes of the passenger car stations of departure and destination. A route code shall be numbered in the order: Code of the province or city; passenger car station with small code; passenger car station with large code. In case where there are many different itineraries in a route, characters in Vietnamese alphabet (A, B, C) shall be added to the end of the number sequence.

Article 18. Guidance on the organization, management and criteria of stopping points for passenger pick-up and drop-off on fixed routes

1. Criteria of stopping points for passenger pick-up and drop-off

a) Stopping points for passenger pick-up and drop-off shall only be located at locations ensuring traffic safety and convenience for passengers to get on and off the vehicle;

b) There is enough space for vehicles to stop to pick up and drop off passengers, so as not to affect vehicles on the road;

c) Stopping points for passenger pick-up and drop-off using the signboard (Signboard No. I.434a) applicable to fixed routes shall comply with the National Technical Regulation QCVN 41:2019/BGTVT on traffic signs and signals issued together with the Circular No. 54/2019/TT-BGTVT dated December 31, 2019 of the Minister of Transport;

d) The minimum distance between 02 adjacent stopping points for passenger pick-up and drop-off or between a stopping point for passenger pick-up and drop-off and a roadside station or between a stopping point for passenger pick-up and a car station of in two ends of the route shall be determined by the provincial-level Department of Transport on the basis of actual situation and the local traffic organization.

2. Organization and management of stopping points for passenger pick-up and drop-off

a) Stopping points for passenger pick-up and drop-off shall only serve passenger cars on fixed routes to pick up and drop off passengers; it is not allowed to use them for other activities;

b) Every passenger cars on fixed routes may stop for maximum of 03 minutes at the stopping point for passenger pick-up and drop-off;

c) The provincial-level Department of Transport of locality shall determine location of stopping points for passenger pick-up and drop-off on fixed routes (for national highways, it is necessary to reach an agreement with the competent road management agency; for the routes managed by the district- (city-) level People's Committee, it is necessary to reach an agreement with the district- (city-) level People's Committee) and submit it to the provincial-level People's Committee for approval;

d) The provincial-level Department of Transport shall advice the provincial-level People’s Committee to organize, manage and ensure traffic safety, order security and environmental hygiene at the stopping area for passenger pick-up and drop-off in the locality;

dd) The stopping point for passenger pick-up and drop-off shall be invested and built according to the following principles: For the road newly built or upgraded, expanded, an investor shall be responsible for including it as an item in the construction investment project; for the road currently in use, organizations and individuals shall invest in the construction in the form of socialization or using state budget;

e) The provincial-level Department of Transport shall issue a written notice on the putting into operation or stopping the operation of the stopping point for passenger pick-up and drop-off on fixed routes.

Article 19. Information posting

1. To post on the provincial-level Department of Transport's website the following information: The list of routes in the locality (after being announced by the competent agency); list of routes being exploited; the maximum number of trips allowed to be operated on each route per time unit and the total number of trips registered for operation; list of transport business units currently active on the route; route operation chart; hotline number (mobile) of the provincial-level Department of Transport.

2. The following information shall be displayed at car stations: The list of routes, schedule of departure of trips currently available at the station; the list of transport business units operating on each route; the hotline (mobile) number of the transport business units and the provincial-level Department of Transport in locality.

3. The following information shall be displayed at ticket booths: Name of the transport business units, name of the routes; fares, departure schedule of each trip, customer services provided during the itinerary, the baggage allowance.

4. Information to be displayed on the vehicle

a) To display on the top of the front windshield: The name of the station of departure and station of destination; the letter height is at least 06 cm.

b) To display on the two outer sides of a vehicle or the two sides of its doors: The name and telephone number of the transport business unit, with the minimum size of 20 cm length and 20 cm width;

c) Information to be displayed in the vehicle: The vehicle registration plate (vehicle control plate), fares, operation itinerary, customer service on the itinerary; baggage allowance, hotline number (mobile) of the transport business unit and the provincial-level Department of Transport of place where the badges and signboards are granted.

5. Responsible for posting and providing displayed information:

a) The provincial-level Department of Transport shall post information in accordance with Clause 1 of this Article;

b) The car station shall post information at the station and the ticket booth of the route that it is authorized to sell tickets in accordance with Clauses 2 and 3 of this Article;

c) The transport business unit shall display in the vehicles and post at the ticket booth (in case of selling tickets by itself) in accordance with Clauses 3 and 4 of this Article;

d) Enterprises and cooperatives doing passenger transport business along a fixed route must provide information required to be displayed at the station to the concerned car stations.

Article 20. Provisions on automobiles used for passenger transport business along fixed route

1. To comply with Clause 4, Article 4 of the Decree No. 10/2020/ND-CP.

2. To be displayed with information are prescribed in Clause 4, Article 19 of this Circular.

3. The quantity, quality and arrangement of seats and beds in the vehicle must be in compliance with the vehicle design and shall be numbered in ascending order from the front to the rear of the vehicle.

4. Fire extinguisher and escape tools that are serviceable and have not yet expired must be equipped in the vehicle.

5. Having a “XE TUYEN CO DINH” (Fixed route car) badge made according to the form provided in Appendix 4 attached to this Circular. This badge must be affixed to the right side under the location of the inspection stamp, at the inside of the front windshield.

6. Having the Guidance on traffic safety and emergency exit on the back of a seat or on a side of a bed with the following main contents: Regulations on fastening seat belts before the vehicle departures and instructions to fasten the seat belts (if any); instructions on arranging luggage; no smoking sign board; instructions on using electric power system of a vehicle (if any); instructions on using fire extinguisher, escape hammers and exit route in case where an incident occurs.

7. A the same time, a vehicle shall only be registered and used to exploit 02 fixed passenger transport routes at most, such routes may be consecutive (the station of destination of the ended route is the station of departure of the next route).

Article 21. Provisions on using passenger transit cars

1. A transit car must meet requirements specified in Clause 9, Article 3; Clause 5, Article 4; Clause 1, Article 12 and Point a, Clause 2, Article 22 of the Decree No. 10/2020/ND-CP; the lifetime shall be determined according to regulations on lifetime of passenger automobiles in the Government’s Decree No. 92/ND-CP dated October 30, 2009.

2. To display on the two outer sides or doors of a vehicle: name and telephone number of the enterprise or cooperative, with the minimum size of 20 cm length and 20 cm width.

3. Badges granted for a transit car shall comply with the form provided in Appendix 5 attached to this Circular.

Article 22. Provisions on route management

1. For intra-provincial routes: The provincial-level Department of Transport shall perform the route management in accordance with Clause 3, Article 4 of the Decree No. 20/2020/ND-CP.

2. For inter-provincial routes: The provincial-level Department of Transport of place where the badge is granted, shall assume the prime responsibility for, and coordinate with the provincial-level Department of Transport of the other end of the route in, performing the route management in accordance with Clause 3, Article 4 of the Decree No. 10/2020/ND-CP and coordinate with the provincial-level Department of Transport of the place where occurring difficulties related to transport management, traffic order and safety on the route for handling.

3. Before March 31 every year, the provincial-level Department of Transport shall build, adjust and add intra-provincial fixed passenger transport routes; reach an agreement with the provincial-level Department of Transport of the other end of the route to build, adjust and add intra-provincial fixed passenger transport routes and report in writing to the Directorate for Roads of Vietnam to summarize and submit it to the Ministry of Transport for publication.

Before April 30 every year, the Directorate for Roads of Vietnam shall assume the prime responsibility for, and coordinate with the Departments of Transport of provinces and centrally-run cities in, summarizing, reviewing, adjusting and proposing the Ministry of Transport to publicize the list of inter-provincial fixed passenger transport route networks; the  Departments of Transport of provinces and centrally-run cities shall advise and propose the provincial-level People’s Committees to publicize the list of intra-provincial fixed passenger transport route networks.

4. Based on the list of fixed passenger transport route networks publicized by the competent authority, the provincial-level Department of Transport of locality (for intra-provincial routes) and the provincial-level Departments of Transport at both ends of the route (for inter-provincial routes) shall reach an agreement and publicize detailed information of each route on their websites, including the station of departure and station of destination, itinerary; total number of trips and departure time of each trip already operated by a transport business unit; the minimum interval between adjacent trips; and capacity in of stations at both ends of the route.

a) To publicize before May 15 every year;

b) To make irregular publication other than the time of periodical publication in case of adjusting or adding fixed passenger transport routes and the number of trips on the publicized route;

c) Within 07 working days from the date on which the competent agency publicizes, the Directorate for Roads of Vietnam shall update the list of inter-provincial fixed routes, the provincial-level Department of Transport shall update the operation chart of inter-provincial fixed routes, list and operation chart of intra-provincial fixed routes into the online public service system of the Ministry of Transport.

5. In the course of organizing the implementation, any arising problems such as new routes to be operated; new stations to be publicized and put into operation, the station operation suspended or other matters, resulting in the updating, modification and supplement to the list of fixed passenger transport route networks, the following provisions shall be complied with:

a) For intra-provincial fixed passenger transport routes, the provincial-level Department of Transport is assigned to summarize and report to the provincial-level People’s Committee for decision;

b) For inter-provincial fixed passenger transport routes, the provincial-level Departments of Transport at both ends of the route shall report to the Directorate for Roads of Vietnam to summarize and report to the Ministry of Transport for decision.

6. In case of dangerous epidemics, natural disasters and floods affecting the fixed route operation, the provincial-level Departments of Transport at both ends of the route shall temporarily reduce the number of actual trips or suspend the route operation during the period of dangerous epidemics, natural disasters and floods at requests of enterprises, cooperatives or according to decisions of the competent authority.  Modification results shall be reported to the Directorate for Roads of Vietnam to summarize and report to the Ministry of Transport.

Article 23. Adding and replacing vehicles operated on routes

1. Adding and replacing vehicles operated on routes

An enterprise or cooperative may replace the vehicle currently operated on the route or add more vehicles, provided that such addition does not increase the number of trips. A vehicle added or replaced to any route shall be granted with the “XE TUYEN CO DINH” (Fixed route car) badge with the name of that route and must meet requirements on vehicles participating in the registered route.

2. Irregularly changing the vehicle

a) An enterprise or cooperative may use any of its vehicles which have granted with the “XE TUYEN CO DINH” (Fixed route car) badge as a replacement when there are technical incidents or traffic accidents happening to the vehicle currently operating on the route or due to other force majeure events. If the unit cannot arrange any replacing vehicle, the provincial-level Department of Transport shall decide on appointing a vehicle of another unit operating on the same route as a replacement;

b) In case of irregularly replacing vehicles, a transport order of an enterprise or cooperative, made according to the form provided in Appendix 6 attached to this Circular, is required.

Article 24. Provisions on increasing vehicles to transport more passengers

1. Activities to increase vehicles to transport more passengers on fixed routes shall comply with Clause 6, Article 4 of the Decree No. 10/2020/ND-CP.

2. Vehicles operating on fixed routes, vehicles used to transport passenger under contracts; vehicles used to transport tourists and buses may be additionally used to transport more passengers on holidays, New Year holidays, national upper secondary school examinations and university and college entrance examinations; the grant of badges shall comply with Point b, Clause 2, Article 22 of the Decree No. 10/2020/ND-CP.

3. The provincial-level Department of Transport shall assume the prime responsibility for, and coordinate with relevant units in, making a plan on increasing vehicles to transport more passengers (including the list of appointed vehicles and drivers) and organizing the implementation. Time limit for issuing a plan on increasing vehicles to transport more passengers is at least 07 days before the holidays, New Year holidays, university and college entrance examinations.

4. Enterprises and cooperatives currently operating fixed routes shall, based on the traveling demands, reach an agreement with the passenger car stations to make a plan on increasing vehicles on the routes that are currently operated by such enterprises and cooperatives on weekends (Friday, Saturday and Sunday) when the number of passengers suddenly increases (including the total number of increasing trips and the duration). The plan on increasing vehicles on the route on weekends shall be notified to the provincial-level Departments of Transport of both ends of the route before January 15 every year for implementation.

5. During the period of increasing vehicles, the provincial-level Department of Transport shall assume the prime responsibility for, and coordinate with the provincial-level Department of Transport of the other end of the route, relevant stations and units having increased vehicles shall monitor, supervise and manage the vehicles’ and drivers’ operations in accordance with regulations on management of passenger transport along fixed routes.

6. When increasing vehicles, the passenger car station at the beginning of the route (outward trip) shall assumer the prime responsibility for recording the departure time and confirm in the transport order as prescribed, notify about the increased trips for the passenger car station of the other end of the route to arrange time for the return trips. The passenger car station of the other end of the route shall record the time and confirm the return trips in the transport order as prescribed. In case where enterprises and cooperatives doing transport business request not to organize the return trips, the passenger car station shall only confirm the vehicles arriving the station in the transport order as prescribed.

Article 25. Provisions on transport orders

1. A transport order shall be self-printed by an enterprise or cooperative, according to the form provided in Appendix 6 attached to this Circular. Apart from compulsory contents as prescribed in Appendix 6, an enterprise or cooperative may add other contents to serve its management.

2. An enterprise or cooperative shall be responsible for managing, granting and inspecting the use of transport orders; transport orders that have been completed shall be stored for at least 03 years.

3. A passenger car station shall be responsible for updating information about transport orders that have been stamped and confirmed into the national station management software.

Article 26. Powers and responsibilities of enterprises and cooperatives doing passenger transport business along a fixed route

1. Taking measures to properly and fully organize and implement registered by-automobile passenger transport route operation plans; formulating and implementing properly and fully the process to ensure traffic safety according to Articles 4 and 5 of this Circular; having units in charge of management and monitoring of traffic safety conditions as prescribed in Article 7 of this Circular.

2. Complying with Articles 8, 9, 13, 14, 15, 16 and 54 of this Circular.

3. Monitoring and managing the use of badges and transport orders by units; recording information in the transport orders and issuing them to drivers in accordance with regulations on transport management; storing completed transport orders according to Clause 2, Article 25 of this Circular.

4. Taking responsibility for paying at least 90% of the fares to customers who have bought tickets then refusing to join the trip before the departure time at least 02 hours, for fixed routes with a distance of 300 km or less and at least 04 hours, for fixed routes with a distance of more than 300 km; paying at least 70% of the fares to customers who have bought tickets then refusing to join the trip before the departure time at least 01 hour, for fixed routes with a distance of 300 km or less and at least 02 hours, for fixed routes with a distance of more than 300 km.

5. Upon receiving consignments on fixed route cars (the consignor does not follow the vehicle), an enterprise or cooperative must asks the consignor to provide adequate and accurate information on goods and full name, address, identification card/citizen identification card number, contact number of the consignor and consignee; it is not allowed to receive banned goods, flammable and explosive goods, live animals and unsafe food. Compensation for damaged, lost or deficient consignments shall be made under the transport contract or agreement between the enterprise, cooperative and the consignor.

6. Formulating international regulations on uniforms and name cards of the drivers, vehicle attendants (if any), driving identification cards. A name card must contain picture, full name and managing unit; the name card may be combined with the driving identification card.

7. Having the right to refuse transporting passengers committing acts of disturbing the public order, obstructing the drivers and vehicle attendants; passengers committing acts of ticket fraud or those suffering from dangerous epidemics; passengers carrying banned goods or flammable and explosive goods or live animals.

8. Being entitled to use electronic devices to post information as prescribed in Clauses 2, 3 and 4, Article 19 of this Circular.

9. It is not allowed to transport passengers or goods in excess of the permitted limits as recorded in the certificate of technical safety and environmental protection inspection of the automobile.

10. It is not allowed to use vehicles with “XE TRUNG CHUYEN” (Transit car) to conducting transport business.

11. Performing other responsibilities in accordance with the Law on Road Traffic, the Decree No. 10/2020/ND-CP, the provincial-level People’s Committee’s regulations and relevant laws.

Article 27. Powers and responsibilities of drivers and attendants of a fixed route car

1. Wearing name cards and uniforms as regulated by enterprises and cooperatives; carrying transport orders of the operating trips.

2. Properly and fully implementing requirements for drivers in the process to ensure traffic safety as prescribed in Articles 4 and 6 of this Circular; properly implementing transport orders issued by enterprises and cooperatives; ensuring security and order in the vehicle; picking up and dropping off passengers at stations of departure and stations of destination, stopping points for passenger pickup and drop-off and complying with the itinerary.

3. It is not allowed to transport passengers or goods in excess of the permitted limits as recorded in the certificate of technical safety and environmental protection inspection of the automobile; luggage and consignments must be arranged evenly in the luggage compartment, ensuring that such luggage and consignments do not shift during the transportation; it is not allowed to transport banned goods, flammable and explosive goods, live animals and unsafe food. Upon receiving consignments on fixed route cars (the consignor does not follow the vehicle), it is required to ask the consignor to provide adequate and accurate information on goods and full name, address, identification card/citizen identification card number, contact number of the consignor and consignee.

4. Taking responsibility for ensuring that every passengers have tickets; guiding and arranging seats and beds for passengers according to their tickets; providing regulations on traveling by vehicles, assisting passengers; arranging priority seats and beds for people with disabilities, the elderly, pregnant women and children; showing a civilized and polite attitude; taking responsibility to provide first aid for passengers showing signs of illness or delivery.

5. Being responsible for requesting the passenger car station to confirm information prescribed in the transport order before the vehicle leaves and arrives the station.

6. Complying with the law on order and traffic safety assurance.

7. Having the right to refuse transporting passengers committing acts of disturbing the public order, obstructing the drivers and vehicle attendants; passengers committing acts of ticket fraud or those suffering from dangerous epidemics; passengers carrying banned goods or flammable and explosive goods or live animals.

8. Being responsible for refusing to drive when discovering that the vehicle fails to meet safety requirements, there is no itinerary tracking device or camera in the vehicle or such devices or cameras have been installed but do not work as prescribed.

9. Keeping hygiene for the vehicle, not using technical measures, peripheral equipment and other measures to interfere with the process of operation, destroy (or interfere) with GPS, GSM waves or falsify data of the itinerary monitoring devices and cameras installed in the vehicle.

10. Ensuring the vehicle is at the passenger car station before the departure time at least 10 minutes for technical inspection and other works at the station in accordance to the process to ensure traffic safety.

11. Performing other responsibilities in accordance with the Law on Road Traffic, the Decree No. 10/2020/ND-CP and relevant laws.

Article 28. Powers and responsibilities of passengers

1. Being entitled to ask enterprises and cooperatives to provide services with the registered and listed service quality standard.

2. Being entitled to ask vehicle attendants to issue the right type of tickets after paying fares; keeping tickets during the trips and producing tickets when being inspected by the competent person.

3. Being returned the fares as prescribed in Clause 4, Article 26 of this Circular.

4. Being entitled to make complaints, recommendations and reports on violations of regulations on transport management of transport business units, drivers, vehicle attendants and ask for compensation for damage (if any).

5. Complying with regulations when traveling by vehicles to ensure safety and order security in the vehicles; getting in and getting out of vehicles at stations or stopping points for passenger pickup and drop-off as prescribed.

6. Exercising other rights and fulfilling other responsibilities in accordance with relevant laws.

Section 3. BY-BUS PASSENGER TRANSPORT BUSINESS ALONG A FIXED ROUTE

Article 29. Requirements for buses

1. Fully meeting requirements specified in Clause 2, Article 5 of the Decree No. 10/2020/ND-CP.

2. Fire extinguisher and escape tools that are serviceable and have not yet expired must be equipped in the vehicle.

3. Having a “XE BUYT” (Bus) badge made according to the form provided in Appendix 7 attached to this Circular. This badge must be affixed to the right side under the location of the inspection stamp, at the inside of the front windshield.

4. Information to be displayed:

a) Outside of the vehicle:

On the top of the front windshield and at the back of the vehicle: Route number or code, starting point and ending point of the route;

On the two outer sides of the vehicle: route number or code; fares and telephone number of the enterprise or cooperative;

b) Inside of the vehicle: vehicle registration plate (vehicle control plate), route number or code; diagram of the starting point, ending point and stopping points along the route; hotline number (mobile) of the transport business unit and provincial-level Department of Transport in locality; responsibilities of drivers, vehicle attendants and passengers.

c) Inside the vehicle there is Guidance on traffic safety and emergency exit at a position easy to see by passengers, including the main contents as follows: Instructions on fastening seat belts (if any); instructions on arranging luggage; no smoking sign board; instructions on using electric power system of a vehicle (if any); instructions on using fire extinguisher, escape hammers and exit route in case where an incident occurs.

Article 30. Starting points, ending points, stopping points and bus shelters, transport orders

1. A starting point and ending point of a bus route must

a) Having enough space for buses to turn around and park to ensure traffic safety;

b) Having information boards with the following contents: route name; route number; itinerary; frequency of driving; operation time of the route in a day; telephone numbers of the route management agency and the enterprise or cooperative participating in the route operation; responsibility of passengers, drivers, and vehicle attendants;

c) Having bus shelters.

2. Bus stopping points

a) The area where the bus stops to pick up and drop off passengers is signaled by signboards and road marking as prescribed; on the signboard, there must be a route number or code, route name (starting point - ending point), shortened itinerary at the back of the signboard;

b) At bus stopping points in urban areas, if the pavement width is 05 meters or more and at bus stopping points outside urban areas, if the pavement width is 2.5 meters or more, it is required a bus shelter;

c) The provincial-level Department of Transport shall announce the form of bus top signboard applicable within its locality.

3. At passenger car stations, railway stations, airports, ports, inland waterways terminals and seaports with bus routes passing through, it is required to arrange stopping points for passenger pickup and drop-off for buses to connect with other transport modes.

4. Bus shelters

a) The provincial-level Department of Transport shall announce the form of bus top signboard applicable within its locality;

b) At the bus shelter, the following information shall be displayed: Route number, route name, itinerary, frequency of driving, operation time of the route in a day; hotline number (mobile) of the transport business unit and the provincial-level Department of Transport in locality, map or diagram of the route network.

5. Starting points, ending points, stopping points and bus shelters must be convenient for people with disabilities.

6. Transport orders

a) A transport order shall be self-printed by an enterprise or cooperative, according to the form provided in Appendix 6 attached to this Circular. Apart from compulsory contents as prescribed in Appendix 6, an enterprise or cooperative may add other contents to serve its management;

b) An enterprise or cooperative shall be responsible for managing, granting and inspecting the use of transport orders; transport orders that have been completed shall be stored for at least 05 years.

Article 31. Investment in the construction of infrastructure in service of by-bus passenger transport operation

1. Infrastructure system serving by-bus passenger transport operation including: Road (or lane) for buses or priority road (or lane) for buses, starting points, ending points, stopping points, signboards, bus shelters, transit centers; parking lots for buses and bus stations.

2. Infrastructure system serving by-bus passenger transport operation shall be invested from the state budget and other capital sources or source of socialization.

3. The provincial-level Department of Transport shall be responsible for managing and investing to build or socialize the investment in building, maintaining infrastructure system serving by-bus passenger transport operation in the locality according to the tasks assigned by the provincial-level People’s Committee.

Article 32. Announcement to open by-bus passenger transport routes

1. The provincial-level Department of Transport shall announce to open by-bus passenger transport routes in the locality in accordance with the list of route networks approved by the provincial-level People’s Committee. For a bus route running through many provinces and cities, the provincial-level Department of Transport of place having the bus routes where the enterprise or cooperative or the enterprise’s or cooperative’s branch is headquartered shall, based on the approved list of route network, announce to open the route after receiving an agreement from the provincial-level Department of Transport of the other end of the route and the provincial-level Departments of Transport of localities where the route runs through. In case where the ending point or starting point of a bus route is in an airport, the provincial-level People’s Committee shall reach an agreement with the Ministry of Transport before announcing to open that route.

2. An announcement to open a bus route comprises:

a) Enterprises and cooperatives operating the route;

b) Route number or code, distance; itinerary (starting point, ending point and stopping points of the route);

c) Operation chart, operation time of the route;

d) Brand, capacity, specific color of vehicles operating on the route;

dd) Fares.

3. The provincial-level Department of Transport shall post contents specified in Clause 2 of this Article on its website within 15 days before conducting by-bus passenger transport on the route.

Article 33. Management of by-bus passenger transport operation

1. The provincial-level Department of Transport shall organize the implementation of bidding or ordering to operate by-bus passenger transport routes in accordance with the law on production and provision of public services and products.

2. Enterprises and cooperatives having a by-automobile passenger transport business license with the by-bus transport type may register for a bid or place an order to operate by-automobile passenger transport routes.

3. The provincial-level Department of Transport in locality shall sign in the contract of operating routes with an enterprise or cooperative winning a bid or allowed to place an order. Such a contract must clearly state the plan on route operation, including: route name, route number, vehicle brand, capacity, fares, operation chart of the vehicle on the route and the contract term.

4. The provincial-level Department of Transport shall decide on adjusting one part or the whole operation chart, operation itinerary of the intra-provincial bus route when there is any change in traffic organization leading to the change in itinerary or there is natural disaster, floods or other force majeure cases or upon request of the enterprise or cooperative currently operating the route which is suitable to the actual demands and conditions in each period; the enterprise or cooperative shall adjust the plan on the route operating in corresponding to the newly adjusted operation chart; the provincial-level Department of Transport and enterprise or cooperative shall sign and stamp to confirm that the new route operation plan is a part of the contract of operating routes.

5. For a bus route running through many provinces and cities, the provincial-level Department of Transport of place having the bus route where the enterprise or cooperative or the enterprise’s or cooperative’s branch is headquartered shall adjust the operation chart, operation itinerary, suspend the operation or close the route after receiving an agreement from the provincial-level Department of Transport of the other end of the route; notify to provincial-level Departments of Transport of localities where the bus route runs through before implementation.

6. A decision on adjusting the operation chart shall be posted on mass media at least 10 days before implementation.

Article 34. Provisions on suspending route operation, closing bus routes; increasing the number of, or replacing buses currently operating on routes

1. Suspension of route operation and closing bus routes

a) Before suspending the operation at least 30 days, an enterprise or cooperative shall send a written notice on route operation suspension to the provincial-level Department of Transport of place where the by-automobile transport business license is granted.

In case of suspending operation, resulting in the change of frequency of driving on the route or closing the route, within 10 working days after receiving the notice from an enterprise or cooperative, the provincial-level Department of Transport of place where the by-automobile transport business license is granted (or reach an agreement with the provincial-level Department of Transport of the other end of the inter-provincial bus route) to announce the new frequency of driving or announce to close the route on the basis of an enterprise’s or cooperative’s request;

b) The provincial-level Department of Transport shall be responsible for posting on mass media within 15 working days after receiving the notice;

c) Within 05 working days after suspending operation, the enterprise or cooperative must return badges of vehicles to be suspended from operation to the provincial-level Department of Transport of place where such badges are granted.

2. Increasing the number of buses or replacing buses

a) An enterprise or cooperative may replace the vehicle currently operated on the route or add more vehicles, provided that such addition does not increase the number of trips. An added or replacing vehicle shall be granted with the “XE BUYT” (Bus) and must meet requirements on vehicles participating in the route operation under the signed contract.

b) An enterprise or cooperative may use any of its vehicles which have granted with the “XE BUYT” (Bus) badge as an irregular replacement when there are technical incidents or traffic accidents happening to the vehicle currently operating on the route or due to other force majeure events.

Article 35. Powers and responsibilities of enterprises and cooperatives doing by-bus transport business

1. Taking measures to properly organize and implement the operation chart according to the operation plan as prescribed in the signed contract; formulating and implementing properly and fully the process to ensure traffic safety according to Articles 4 and 5 of this Circular; having units in charge of management and monitoring of traffic safety conditions as prescribed in Article 7 of this Circular.

2. Complying with Articles 8, 9, 13, 14, 15, 16 and 54 of this Circular.

3. Formulating international regulations on uniforms and name cards of the drivers, vehicle attendants, driving identification cards. A name card must contain picture, full name and managing unit; the name card may be combined with the driving identification card.

4. Being entitled to use electronic devices to post information as prescribed in Clause 4, Article 29 of this Circular.

5. Performing other responsibilities in accordance with the Law on Road Traffic, the Decree No. 10/2020/ND-CP and relevant laws.

Article 36. Powers and responsibilities of drivers and attendants of a bus

1. Properly complying with the process to ensure traffic safety as prescribed in Article 4 of this Circular.

2. Wearing name cards and uniforms as prescribed by the enterprises and cooperatives.

3. Complying with the approved operation itinerary and operation chart.

4. Providing information on route itineraries, stopping points on the route upon request of the passengers; providing guidance and support for passengers (especially people with disabilities, the elderly, pregnant women and children) when getting on to and getting off the bus; showing a civilized and polite attitude.

5. Having the right to refuse transporting passengers committing acts of disturbing the security, order and safety on the bus or those suffering from dangerous epidemics; having the right to refuse transporting and are not allowed to transport banned goods or flammable and explosive goods or live animals, unsafe food or luggage with weight and size in excess of the permitted limit as prescribed in Clause 1, Article 37 of this Circular.

6. Being responsible for refusing to drive when discovering that the vehicle fails to meet safety requirements, there is no itinerary tracking device or camera in the vehicle (for vehicles required to install such device or camera) or such device or camera has been installed but do not work.

7. Keeping hygiene for the vehicle, not using technical measures, peripheral equipment and other measures to interfere with the process of operation, destroy (or interfere) with GPS, GSM waves or falsify data of the itinerary monitoring devices and cameras installed in the vehicle.

8. Performing other responsibilities in accordance with the Law on Road Traffic, the Decree No. 10/2020/ND-CP and relevant laws.

Article 37. Powers and responsibilities of passengers

1. Being entitled to carry out with them luggage with a weight of not more than 10 kg and a size of not more than 30x40x60 cm.

2. Complying with regulations when being on bus and the drivers’ and bus attendants’ instructions.

3. Requiring bus attendants to issue the right type of tickets after paying fares; keeping tickets during the trips and producing tickets when being inspected by the competent person.

4. Being entitled to make complaints, recommendations and reports on violations of regulations on transport management of transport business units, drivers, vehicle attendants and ask for compensation for damage (if any).

5. Exercising other rights and fulfilling other responsibilities in accordance with relevant laws.

Section 4. BY-TAXI PASSENGER TRANSPORT BUSINESS

Article 38. Requirements for taxis

1. A taxi must meet requirements specified in Clauses 1, 2 and 3, Article 6 of the Decree No. 10/2020/ND-CP.

2. A taxi must be displayed with the following information:

a) On the two sides of a taxi doors: name, telephone number and logo of an enterprise or cooperative, with the minimum size of 20 cm length and 20 cm width;

b) Inside a taxi: The taxi fares according to kilometer (km), fares for waiting time upon passenger's request and other charges (if any) paid by the passenger.

3. Fire extinguisher that is serviceable and has not yet expired must be equipped in the taxi as prescribed.

4. Taxis’ badges

a) The “XE TAXI” (Taxi) badge shall be made according to the form provided in Appendix 8 attached to this Circular;

b) The provincial-level People’s Committee shall stipulate specific regulations on taxi's badges for local units under its management or use the form provided in Appendix 8 attached to this Circular.

Badges stipulated by the provincial-level People’s Committee must have QR code and a size in consistency with the form provided in Appendix 8 attached to this Circular. In case where the locality prints and issues badges by itself, it shall notify its own badge form to the Directorate for Roads of Vietnam before implementation;

c) This badge must be affixed to the right side under the location of the inspection stamp, at the inside of the front windshield.

5. The phrase “XE TAXI” (taxi) must be made by reflective material displayed on (affixed to) the front and rear windshields according to the form provided in Appendix 9 attached to this Circular (except for the case a taxi has a light box).

6. Inside the taxi there is Guidance on traffic safety and emergency exit for passengers, including the main contents as follows: instructions to fasten the seat belts (if any); no smoking sign board; instructions on opening and closing doors.

Article 39. Public pick-up and drop-off places and taxi stops

1. Pick-up and drop-off places for taxis must ensure traffic safety and be signaled by signboards and road marking as prescribed.

2. Taxi stops

a) Taxi stops are classified into 02 types: taxi stops organized and managed by enterprises and cooperatives; public taxi stops organized and managed by state management agencies in localities;

b) Requirements for a taxi stop: Ensuring order, safety and not causing traffic jam; satisfying requirements on fire prevention and fighting and environmental sanitation.

Article 40. Powers and responsibilities of enterprises and cooperatives doing by-taxi passenger transport business

1. Formulating and implementing properly and fully the process to ensure traffic safety according to Articles 4 and 5 of this Circular; having units in charge of management and monitoring of traffic safety conditions as prescribed in Article 7 of this Circular.

2. Complying with Articles 14, 15, 16 and 16 of this Circular.

3. Formulating regulations on uniforms and name cards of the drivers, driving identification cards. A name card must contain picture, full name and the managing unit; the name card may be combined with the driving identification card.

4. Being entitled to use electronic devices to post information as prescribed in Clause 2, Article 38 of this Circular.

5. Performing other responsibilities in accordance with the Law on Road Traffic, the Decree No. 10/2020/ND-CP and relevant laws.

Article 41. Powers and responsibilities of taxi drivers

1. Properly and fully complying with the process to ensure traffic safety as prescribed in Article 4 of this Circular.

2. Wearing name cards and uniforms as prescribed by the enterprises and cooperatives.

3. Collecting fares according to the amount stated on the taximeter or the notification on the software; printing invoices or receipts (or sending electronic invoices) to passengers when they making full payment.

4. Keeping hygiene for the vehicle, not using technical measures, peripheral equipment and other measures to interfere with the process of operation, destroy (or interfere) with GPS, GSM waves or falsify data of the itinerary monitoring devices in the taxi.

5. Providing information on the route upon request of the passengers; providing guidance and support for passengers (especially people with disabilities, the elderly, pregnant women and children) when getting in and getting out of the taxi.

6. Having the right to refuse transporting passengers committing acts of disturbing the security, order and safety in the taxi or those suffering from dangerous epidemics; it is not allowed to transport banned goods, flammable and explosive goods, live animals, goods with unclear origins and unsafe food.

7. Being responsible for refusing to drive when discovering that the taxi fails to meet safety requirements, there is no itinerary tracking device in the taxi or such device has been installed but does not work.

8. Drivers shall calculate fares by a software; it is required to have a device that may access into the protocol showing at least contents specified at Point c, Clause 3, Article 6 of the Decree No. 10/2020/ND-CP during the transportation process, and such contents shall be provided upon request of the competent authority.

9. Performing other responsibilities in accordance with the Law on Road Traffic, the Decree No. 10/2020/ND-CP and relevant laws.

Article 42. Powers and responsibilities of passengers

1. Asking the driver to provide information about the operation itinerary.

2. Paying fares according to the taximeter or the calculation software and receiving invoices or receipts with the correct payment.

3. Complying with regulations when traveling by taxi and the drivers’ instructions.

4. Being entitled to make complaints, recommendations and reports on violations of regulations on transport management of transport business units, drivers and ask for compensation for damage (if any).

5. Exercising other rights and fulfilling other responsibilities in accordance with relevant laws.

 

Section 5. BUSINESS OF PASSENGER TRANSPORT UNDER CONTRACT OR TOURIST TRANSPORT BY AUTOMOBILE

 

Article 43. Regulations on automobiles used in contracted passenger transport business and in tourist transport business; determination of automobiles’ overlapping starting points and ending points

1. Automobiles used in contracted passenger transport business must comply with Clause 1, Article 7 of the Decree No. 10/2020/ND-CP.

2. Automobiles used in tourist transport business must comply with Clause 1, Article 8 of the Decree No. 10/2020/ND-CP.

3. Having the following information fully displayed: Name and telephone number of the transport business unit.

a) Minimize size: Length: 20 cm, width: 20 cm;

b) Displaying position: On the two outer sides or doors of an automobile.

4. The words “XE HOP DONG” (Contracted vehicle) that are made by reflective material displayed on (affixed to) the front and rear windshields of automobiles used in contracted passenger transport business according to Form in Appendix 10 to this Circular.

5. The words “XE DU LICH” (Tourist vehicle) that are made by reflective material displayed on (affixed to) the front and rear windshields of automobiles used in tourist transport business according to Form in Appendix 11 to this Circular.

6. Number, quality and arrangement of seats in a vehicle must be comply with its design.

7. Automobiles are equipped with escape tools and fire extinguishers that are serviceable and have not yet expired according to regulations.

8. Automobiles used in contracted passenger transport business must have a “XE HOP DONG” badge according to Form in Appendix 12 to this Circular.

9. Automobiles used in tourist transport business must have a “XE O TO VAN TAI KHACH DU LICH” (Tourist car) signboard according to regulations.

10. Badges and signboards must be affixed to the right side of the inside of the front windshield, right below the inspection stamp.

11. Having the Guidance on traffic safety and emergency exit (in English and Vietnamese) on the back of a seat or on a side of a bed with the following main contents: instructions for wearing seat belts (if any); instructions for luggage arrangement; signboard of no smoking; instructions for using electrical system (if any); instructions for using fire extinguishers, escape hammers and escape routes when an incident occurs.

12. An overlapping starting point (the first passenger pick-up point stated in the transport contract) and ending point (the last passenger drop-off point stated in the transport contract) in contracted passenger transport business or tourist transport business shall be a place on a road or a place with its address associated with a street (road) or lane (alley) in an urban area.

Article 44. Power and responsibilities of contracted passenger transport business units and tourist transport business units

1. Formulating and fully and properly implementing procedures for ensuring traffic safety as prescribed in Articles 4 and 5 of this Circular; performing Articles 14, 15, 16 and 54 of this Circular.

2. Transport business units using automobiles with a capacity of 09 seats or more (including the driver) must comply with Articles 8, 9 and 13 of this Circular.

3. Contracted passenger transport business units must comply with Clauses 3, 5 and 6, Article 7 of the Decree No. 10/2020/ND-CP. Tourist transport business units must comply with Clauses 3 and 5, Article 8 of the Decree No. 10/2020/ND-CP.

4. Formulating internal regulations on uniform, name tags for drivers and vehicle attendants (if any), driver identification cards; Name tags must have image, state full name, managing unit. The name tag can be combined with the driver identification card.

5. Using electronic device to display information according to Clause 3, Article 43 of this Circular.

6. Other responsibilities as prescribed in Law on Road Traffic, the Decree No. 10/2020/ND-CP and other relevant regulations.

Article 45. Power and responsibilities of drivers of automobiles used in contracted passenger and tourist transport business

1. Fully and properly implementing procedures for ensuring traffic safety as prescribed in Article 4 of this Circular.

2. Transporting passengers according to itinerary and schedule reported to provincial-level Departments of Transport. Wearing name tags, uniform according to regulations of their transport business units.

3. Drivers of automobiles used in contracted passenger transport business must comply with Clauses 3, 4, 6 and 7, Article 7 of the Decree No. 10/2020/ND-CP. Drivers of automobiles used in tourist transport business must comply with Clauses 3, 4 and 7, Article 8 of the Decree No. 10/2020/ND-CP.

4. A driver using an application software supporting transport connection in the course of passenger transport must have a device that can access an interface showing electronic transport contracts, list of passengers according to Form in Appendix 13 to this Circular.

5. Ensuring hygiene in vehicles, not using technical measures, peripheral equipment and other measures to interfere with the process of operation, destroy (or interfere) with GPS, GSM waves or falsify data of the itinerary monitoring devices, camera installed in vehicles (for vehicles as required).

6. Refusing to transport passengers who disturb security, order and safety in vehicles; having the right to refuse to transport prohibited goods, flammable and explosive goods, or live animals.

7. Having the right to refuse to drive a vehicle if detecting that such vehicle doesn’t satisfy conditions for safety or has not itinerary monitoring devices, camera (for vehicles as required) or they are installed but not working.

8. It is not allowed to transport passengers in excess of the permitted limit recorded in certificate of technical safety and environmental protection inspection of the automobile of a vehicle; luggage must be arranged evenly in the luggage compartment, ensuring that such luggage do not shift during the transport; must not transport banned goods, flammable and explosive goods, live animals or unsafe food.

9. Other responsibilities as prescribed in Law on Road Traffic, the Decree No. 10/2020/ND-CP and other relevant regulations.

 

Chapter V

BY-AUTOMOBILE GOODS TRANSPORT BUSINESS

 

Article 46. Regulations on automobiles used in goods transport business

1. Automobiles used in goods transport business must comply with Clause 6, Article 9 and Article 14 of the Decree No. 10/2020/ND-CP.

2. Having all required information displayed according to Appendix 14 to this Circular.

3. Information displaying position

a) For trucks, trailers: On outer sides of the two doors of driver cabin;

b) For trailers or semi-trailers with containers: On two outer sides of a container;

c) For trailers or semi-trailers without containers: On the metal panel attached to the chassis at an easy-to-see position such as beside or behind the vehicle.

4. The size of container of an automobile used in goods transport shall be in accordance with the certificate of technical safety and environmental protection.

5. Automobiles are equipped with fire extinguishers that are serviceable and have not yet expired according to regulations, escape tools.

6. A “XE CONG-TEN-NO” (Container car) badge affixed to a container car shall be in accordance with the form in Appendix 15 to this Circular; a “XE TAI” (Truck) badge affixed to a truck shall be in accordance with the form in Appendix 16 to this Circular; a “XE DAU KEO” (Trailer) badge affixed to a tractor with a trailer or semi-trailer shall be in accordance with the form in Appendix 17 to this Circular.

7. Badges must be affixed to the right side of the inside of the front windshield, right below the inspection stamp.

Article 47. Regulations on transport documents

1. Transport documents issued by a transport business units must comply with Clause 11, Article 9 of the Decree No. 10/2020/ND-CP.

2. Transport documents are stamped by transport units and granted to drivers and brought with them in the course of goods transport; for business households, owners of such business households must sign in transport documents with their full names.

3. After loading goods onto vehicles and before transporting goods, the goods owner (or a person authorized by him/her), or representative of the unit or the individual loading goods onto vehicles shall countersign the conformity of the loading in the transport documents.

Article 48. Power and responsibilities of goods transport business units

1. Complying with Clauses 1, 2, 3 and 7, Article 14, Article 15 and Article 54 of this Circular.

2. Formulating and fully and properly implementing procedures for ensuring traffic safety as prescribed in Articles 4 and 5 of this Circular. Goods transport business enterprises and cooperatives using containers must have a department that manages and monitors conditions for traffic safety as prescribed in Article 7 of this Circular; implementation of Article 15 of this Circular.

3. Goods transport business units using containers and tractors must comply with Articles 8, 9 and 13 of this Circular.

4. Directly managing their own vehicles and drivers to transport goods, using one of the following forms:

a) Via the application software supporting transport connection;

b) Using transport contracts;

c) Via transport documents.

5. Deciding on fares for units’ transport business activities.

6. Being responsible for disseminating the compliance of the allowable load of the automobile to the driver; not doing, or requiring a driver to, load and transport goods exceeding the allowable amount prescribed by law; being jointly liable for an illegal change in technical parameter or transport of goods in excess of the allowable amount of an automobile under a unit’s management.

7. Being responsible for the driver’s transport of goods in excess of the allowable amount according to the law.

8. A transport business unit using an application software supporting transport connection must equip its drivers devices that can access an interface showing electronic transport contracts, electronic transport documents.

9. Other responsibilities as prescribed in Law on Road Traffic, the Decree No. 10/2020/ND-CP and other relevant regulations.

Article 49. Power and responsibilities of drivers of vehicles using in goods transport business

1. Fully and properly implementing procedures for ensuring traffic safety as prescribed in Articles 4 and 6 of this Circular.

2. Bringing transport documents and other papers of such drivers and vehicles when transporting goods according to the law.  When driving vehicles using an application software supporting transport connection, must have devices that can access an interface showing electronic transport contracts, electronic transport documents.

3. Before transporting goods, the drivers require the persons responsible for loading goods onto the vehicles to sign of such loading on transport documents; refuse a transport with the goods loading in contravention of the law.

4. Having the right to refuse to drive a vehicle if detecting that such vehicle doesn’t satisfy conditions for safety or has not itinerary monitoring devices, camera (for vehicles as required) or they are installed but not working; a vehicle with goods in excess of allowable goods amount.

5. Must not technical measures, peripheral equipment and other measures to interfere with the process of operation, destroy (or interfere) with GPS, GSM waves or falsify data of the itinerary monitoring devices, camera installed in vehicles.

6. Not carrying more than the permitted amount of goods or exceeding the vehicle's dimension limits stated in the automobile's certificate of technical safety and environmental protection inspection.

7. Other responsibilities as prescribed in Law on Road Traffic, the Decree No. 10/2020/ND-CP and other relevant regulations.

 

Chapter VI

REGULATIONS ON PROVISION, MANAGEMENT AND USE OF INFORMATION IN TRANSPORT CONTRACTS, TRANSPORT DOCUMENTS AND TRANSPORT ORDERS

 

Article 50. Requirements of provision, management and use of information

1. Provided information and data must be fully in accordance with the structure and format announced by the Directorate for Roads of Vietnam.

2. Before a trip, information and data defined at Point d, Clause 2; Point d, Clause 3; Point d, Clause 4 of Article 51 in this Circular must be provided and updated on software at the server of the Directorate for Roads of Vietnam.

3. The chronological sequence of information and data that are provided for the server of the Directorate for Roads of Vietnam must be ensured. The server of the data transmission unit and the server of the Directorate for Roads of Vietnam must be synchronized with the national standard time according to Network Time Protocol.

4. Provided information and data must be timely, accurate, complete, not be corrected or falsified before, during or after data transmission.

5. Provided information and data must be used according to regulations on application of information technology to activities of state agencies, be used in the state management of transport, management of activities of transport business units and passenger car station units (for information in transport orders) and shall be sent to price management agencies, tax offices, Public Security agencies and traffic inspectorates upon request and for handling of disputes, complaints.

Article 51. Regulations on information provision

1. Provided information is divided into two categories, including default identification information and continuously updated information about trips.

2. Regulations on provision of information in transport contracts:

a) Default identification information includes: Name, tax identification number of transport business units; name, tax identification number of data transmission software service units (if transport business units hire the service); name of provincial-level Departments of Transport (that grant the transport business licenses to transport business units); information about vehicles (vehicle registration plates (vehicle control plates), brands and number of seats). Such default identification information must be associated with the trip information specified in Point b of this Clause;

b) Information of each trip includes: Information on the transport hirer (name, address, telephone number); information on the driver (full name, category of driver license, number of driver license); contract number, date of signing of the contract; time for starting and ending the contract performance (date and time); starting and ending addresses and pick-up and drop-off places on the route (if any); distance (km) of the trip; and total number of passengers;

c) Contracted passenger transport business units and tourist transport business units shall be responsible for providing and updating minimum information of transport contracts for the server of the Directorate for Roads of Vietnam according to the roadmap as defined in Clause 5, Article 7; Clause 5, Article 8 of the Decree No. 10/2020/ND-CP;

d) Information as prescribed at Points a and b of this Clause must be provided continuously for the server of the Directorate for Roads of Vietnam before the drivers transport passengers.

3. Regulations on provision of information in transport documents:

a) Default identification information includes: Name, tax identification number of transport business units; name, tax identification number of data transmission software service units (if transport business units hire the service); name of provincial-level Departments of Transport (that grant the transport business licenses to transport business units); information about vehicles (vehicle registration plates (vehicle control plates), brands and the loading of vehicles (kg)). Such default identification information must be associated with the trip information specified in Point b of this Clause;

b) Information of each trip includes: Information on the transport hirer (name, address, telephone number); information on the driver (full name, category of driver license, number of driver license); itinerary starting and ending addresses; contract number, date of signing of the contract (if any); and type and weight of goods transported on the vehicle (kg);

c) Goods transport business units shall be responsible for providing minimum information of transport documents for the server of the Directorate for Roads of Vietnam according to the roadmap as defined in Clause 11, Article 9 of the Decree No. 10/2020/ND-CP;

d) Information as prescribed at Points a and b of this Clause must be provided continuously for the server of the Directorate for Roads of Vietnam before the drivers transport goods.

4. Regulations on provision of information in transport orders:

a) Default identification information includes: Name, tax identification number of transport business enterprises or cooperatives; tax identification number of data transmission software service units (if transport business enterprises or cooperatives or passenger car stations hire the service); name of provincial-level Departments of Transport (that grant the transport business licenses to enterprises or cooperatives); name and code of car stations (starting point and ending point for bus routes); information about vehicles (vehicle registration plates (vehicle control plates), brands and number of seats); information about the routes (code of routes, station of departure and station of destination (starting point and ending point for bus routes)); departure time according to the plan. Such default identification information must be associated with the trip information specified in Point b of this Clause;

b) Information of each trip includes: information on the driver (full name, category of driver license, number of driver license); real departure time; number of passengers upon exit;

c) Passenger car stations, passenger transport business enterprises or cooperatives with fixed routes or using bus shall be responsible for providing and updating information of transport orders of cars for the server of the Directorate for Roads of Vietnam according to the roadmap as defined in Clause 8, Article 4; Clause 4, Article 5 of the Decree No. 10/2020/ND-CP;

d) Information as prescribed at Points a and b of this Clause must be provided continuously for the server of the Directorate for Roads of Vietnam within 03 minutes after a car departs.

Article 52. Responsibilities of Directorate for Roads of Vietnam

1. Equipping, managing, upgrading and maintaining hardware, software, transmission line to receive, store, process and exploit and use data. The implementation shall comply with the roadmap defined in Clause 8, Article 4; Clause 4, Article 5; Clause 5, Article 7; Clause 5, Article 8 and Clause 11 Article 9 of the Decree No. 10/2020/ND-CP.

2. Building a data structure, format and protocol for units to transmit data to the server of the Directorate for Roads of Vietnam.

3. Exploiting and using information on the software of the Directorate for Roads of Vietnam to serve the state management in transport activities:

a) Monitoring, rectifying, handling, or requesting competent authorities to handle, violations of transport business units, passenger car station units and drivers; propose competent authorities to rectify and handle violations against the Services of Transport;

b) Serving scientific research, settlement of disputes and complaints (if any).

4. Guiding to use, update, exploit and manage the software for officials of provincial-level Departments of Transport; providing usernames and passwords to access the software of Directorate for Roads of Vietnam for provincial-level Departments of Transport and relevant agencies and organizations.

5. Storing data on the software of the Directorate for Roads of Vietnam for 03 (three) years; ensuring safety and confidentiality of data on the software.

Article 53. Responsibilities of provincial-level Departments of Transport

1. Exploiting and using data on the software of the Directorate for Roads of Vietnam to serve transport management

a) Monitoring, rectifying, handling violations in transport of transport business units;

b) Serving the settlement of disputes and complaints (if any).

2. Checking, updating and ensuring the accuracy of the data transmitted by transport business units and passenger car station units to the Directorate for Roads of Vietnam, including: Names of provincial-level Departments of Transport; information about transport business units; information about passenger car station units; information about cars;  business activities of transport business units in localities.

3. Arranging officials monitoring, exploiting and using data on the software of the Directorate for Roads of Vietnam.

4. Securing usernames and passwords used to access, exploit and use data on the software of the Directorate for Roads of Vietnam.

5. Requesting transport business units under the management of localities to handle violations of drivers.

6. Handling or requesting a competent authority to handle the transport business units, passenger car station units in localities according to regulations.

Article 54. Responsibilities of transport business units, passenger car stations

1. Equipping, managing and maintaining hardware and software handling data and transmission line, ensuring data connection and transmission and the compatibility with data receiving software of the Directorate for Roads of Vietnam.

2. Transmitting (updating) accurately, completely, not modifying or falsifying data and ensuring the time of receiving data of the server of Directorate for Roads of Vietnam as prescribed in Article 51 of this Circular.

3. Monitoring, inspecting the accuracy of information on vehicles, drivers and business types of vehicles under the management unit. Arranging officials monitoring, exploiting and using data for management and operation of transport activities of units.

4. Systematically storing mandatory information for at least 03 (three) years.

5. Providing accounts (usernames and passwords) to access units’ vehicle management software for the competent state management agencies upon request.

6. Transport business units, passenger car stations can directly implement Clauses 1, 2 and 4 of this Article or hire a software service unit to implement such provisions via a valid contract.

7. Other responsibilities as prescribed by relevant law.

 

Chapter VII

REGULATIONS ON MANAGEMENT AND BUSINESS OF ROAD TRANSPORT SUPPORT SERVICES

 

Article 55. Regulations on parking lots

1. Requirements for parking lots

a) Ensuring security and order; meeting the requirements of fire and explosion prevention and fighting and environmental hygiene;

b) Entrances and exits of parking lots must be designed to ensure safety and avoid traffic jams.

2. Business contents in parking lots

a) Parking service;

b) Organizing services of maintaining and repairing vehicles;

c) Other services according to the law.

3. Regulations for units managing and conducting the business of parking lots

a) Ensuring security, order; environmental hygiene and fire and explosion prevention and fighting in parking lots;

b) Publicizing regulations, prices of services at parking lots, names and telephone numbers of competent state management agencies in order that vehicle owners can report and make complaints when necessary;

c) Compensating the driver for any loss of or damage to his/her vehicle;

d) Being inspected and supervised by competent state agencies;

dd) Providing services specified in Clause 2 of this Article;

e) Collecting parking fees;

g) Not allowing owners of vehicles used in transport business to use the parking lot to pick up, drop off passengers or to load and unload goods, to package and preserve goods;

g) Refusing to provide the service for owners of vehicles who don’t comply with internal regulations of the parking lot.

4. Responsibilities and power of the vehicle owner or the driver at the parking lots

a) Complying with the internal regulations and instructions of the parking lot operators;

b) Having the right to choose the services at the parking lot;

c) Having the right to report on violations of the parking lot to the competent authorities.

5. The provincial-level Departments of Transport advises the provincial-level People's Committees about the organization and management of parking lots in localities.

Article 56. Regulations for units conducting the business of passenger car stations

1. Reporting to the provincial-level Departments of Transport in localities on regulations of units on the power, responsibilities, list, titles and signatures of those assigned to check and confirm in transport orders.

2. Fully complying with regulations on passenger car station according to the national technical regulation on passenger car station promulgated by the Minister of Transport; formulating and fully complying with the procedures for ensuring traffic safety prescribed in Article 6 of this Circular.

3. Managing and applying information from the passenger car station management software according to regulations

a) Equipping with car station management software and providing information as prescribed in Clause 3, Article 51 of this Circular for the server of the Directorate for Roads of Vietnam within 03 minutes after such information is updated  on the passenger car station's software. Data must be complete, accurate, not be truncated, modified or edited to falsify values before, during and after transmission;

b)  Information provided by passenger car stations can be used in state management of transport activities and management of activities of transport business units, passenger car stations and provided to the police or transport inspectors upon request;

c) Providing usernames and passwords to access the passenger car station management software to specialized state management agencies upon request;

d) Updating and systematically storing information about vehicles and transport business units operating at stations and information as prescribed at Point a of this Clause for at least 03 years;

dd) Directly implementing Points a, c and d of this Clause or authorize the service provider to do so through a legally effective contract.

4. Other responsibilities as prescribed in Law on Road Traffic, the Decree No. 10/2020/ND-CP and other relevant regulations.

Article 57. Regulations on freight car stations

1. Freight car stations must meet all the contents specified in the national technical regulation on the car station.

2. Business contents of freight car stations

a) Providing service of entering or exiting car stations

b) Providing goods loading and unloading services;

c) Parking service for goods transport vehicles;

d) Providing other services to support freight transport as prescribed by law.

3. Regulations for units conducting the business of freight car stations

a) Complying with Clause 13, Article 3; Clause 1 and Point b, Clause 2, Article 11; Clause 2, Article 21 of the Decree No. 10/2020/ND-CP and Article 6 of this Circular;

b) Ensuring security, order, environmental hygiene and fire and explosion prevention and fighting in freight car stations;

c) Publicizing internal regulations of freight car stations, prices of services at freight car stations, names and telephone numbers of local provincial-level Departments of Transport in order that vehicle owners can report and make complaints when necessary;

d) Compensating service users for loss of or damage to property or goods while units provide services under a contract signed or an agreement between the two parties or according to a judgment of a court or an arbitration;

dd) Being inspected and supervised by competent state agencies;

e) Conduct business of services specified in Clause 2 of this Article;

g) Collecting charges for vehicles entering and leaving car station according to regulations;

h) Not allowing vehicle owners to use freight car stations to pick up and drop off passengers;

i) Having the right to refuse to provide the serve for customers who do not comply with internal regulations of the bus station;

k) Other responsibilities as prescribed in Law on Road Traffic and other relevant regulations.

4. On a monthly basis, the provincial-level Departments of Transport announce the list of freight car stations in localities on their websites.

Article 58. Regulations on ticket sale agency

1. Business registration or enterprise registration in accordance with the law.

2. The ticket sale agency contract concluded with units conducting the business of by-automobile passenger transport along fixed routes must state in detail obligations and power of the parties.

3. A transport business and ticket sale agency service unit is not allowed to pick up and drop off passengers at the ticket sale agency location, except for cases where such location coincides with a stopping point for passenger pickup and drop-off announced by the provincial-level Department of Transport of the locality.

Article 59. Regulations on freight transport agents

1. Performing business registration or enterprise registration in accordance with the law.

2. Enjoying the transport agency service charges as agreed with the goods owner and stated in the contract.

Article 60. Regulations on cargo collection, transshipment, warehousing services

1. Performing business registration or enterprise registration in accordance with the law.

2. Preserving goods according to the regulations of the goods owner and having a contract on cargo collection, transshipment, warehousing lease with the goods owner.

3. Loading goods in automobiles to ensure allowable amount of goods stated in the automobiles’ certificate of technical safety and environmental protection inspection.

Article 61. Regulations on road transport rescue service

1. Performing business registration or enterprise registration in accordance with the law.

2. Before business, organizations or individuals providing the road traffic rescue service shall notify the following minimum information in writing to the provincial-level Department of Transport and the provincial-level Police Department at the locality where the business is registered: Name, address, phone number, legal representative; a copy of the business registration certificate or enterprise registration certificate and the list of rescue vehicles. Sending supplementary notices when there is any change to the above information in the course of business.

3. Organizations and individuals providing the road traffic rescue service must ensure traffic safety and occupational safety during the rescue operation.

 

Chapter VIII

RESPONSIBILITY OF STATE MANAGEMENT AGENCIES

 

Article 62. Directorate for Roads of Vietnam

1. Managing under its competence by-automobile transport and services supporting road transport nationwide.

2. Implementing responsibilities as prescribed in Articles 11 and 52 of this Circular.

3. Assuming the prime responsibility for synthesizing and submitting the list of the inter-provincial fixed-route passenger transport network to the Ministry of Transport for announcement.

4. Assuming the prime responsibility for, and coordinating with the Vietnam Automobile Transportation Association in, compiling documents and framework programs on professional training for vehicle attendants at the transport business units and submitting them to the Ministry of Transport for promulgation.

5. Printing and issuing uniformly by-automobile transport business licenses, badges and signboards (except for the badges of taxis for local use). Announcing the information structure, equipment, and order of checking information of QR codes on the badges.

6. Applying information technology in management of transport activities and road transport support services, and organizing the application nationwide

a) Assuming the prime responsibility for building the technological infrastructure and provide the connection, sharing and linking of all itinerary tracking data and images, recording and long-term storage of data and images from vehicles’ cameras, vehicle inspection registration, training, testing, and grant and revocation of driving licenses among state management agencies;

b) Assuming the prime responsibility for developing software for by-automobile transport business management (including vehicle and driver management), for nationwide fixed passenger transport route management and nationwide car station management;

c) Assuming the prime responsibility for developing an online public service system for procedures for granting and renewing by-automobile transport business licenses, badges, signboards and procedures for registration of fixed-route passenger transport route exploitation for nationwide application; monitoring, urging, inspecting, examining and supervising the handling of administrative procedures by the provincial-level Departments of Transport; proposing upgrade to online public services to deal with administrative procedures for transport activities and road transport support services.

7. Connecting and sharing data on by-automobile transport business management, image data from cameras and data from vehicles’ itinerary monitoring devices of the police (the Traffic Police Department, and localities’ district-level Traffic Police Divisions), with the Ministry of Finance (General Department of Taxation, localities’ provincial-level Departments of Taxation) to coordinate in the state management of traffic order and safety; security and order; and taxation. Expenses for connecting and sharing data from the Directorate for Roads of Vietnam shall be paid by the agencies requesting such connection and sharing.

8. Reviewing and placing signboards of speed limit for cars with double-deck beds at necessary locations, especially for mountain passes or slopes and at locations with a small radius of curvature on national highways.

9. Inspecting, examining and handling under their competence violations of regulations on transport management, by-automobile road transport business activities and business conditions; and road transport support services in accordance with the law.

10. Assuming the prime responsibility for, and coordinating with relevant agencies of the Transport sector in, directing, urging and monitoring the implementation of this Circular.

Article 63. Provincial-level Departments of Transport

1. Managing by-automobile transport activities and road transport support services in localities and under its competence.

2. Implementing responsibilities as prescribed in Articles 12 and 53 of this Circular.

3. Reporting to the Directorate for Roads of Vietnam on by-automobile transport activities and road transport support services in the localities.

4. Submitting to provincial-level People’s Committees for approval and announcement of

a) The lists of by-bus passenger transport network and inter-provincial fixed-route passenger transport network; stopping points for passenger pick-up and drop-off for passenger transport on fixed routes on the local road network;

b) The incentive and preferential policies for passengers traveling by bus and by-bus passenger transport units in localities;

c) Economic-technical norms for by-bus passenger transport in localities for routes with subsidized ticket fares;

d) Plan for development and management of vehicles used in transport business in accordance with people's traveling demand and current situation of transport infrastructure in the locality;

dd) Specific regulations on the management of operation of passenger transit cars in localities.

5. Decision on approving the operation chart on bus routes; operation, suspension of operation, adjusting the chart, itinerary and service frequency for the bus routes in localities.

6. Decisions on announcement of exploitation of new passenger car stations according to regulations.

7. Receiving, synthesizing, analyzing, exploiting and using mandatory information from vehicles’ itinerary monitoring devices provided by the transport business units (or authorized organizations) and from the database of the Directorate for Roads of Vietnam to serve the state management of transport.

8. Building a database, setting up a website on by-automobile transport management of localities. Organizing the implementation of online public services for administrative procedures for by-automobile transport activities and road transport support services according to regulations.

9. Updating data as required and being provided with usernames and passwords to access the nationwide car station management software and the software for management of drivers of vehicles used in transport business of the Directorate for Roads of Vietnam to exploit and use data on software for the state management of car stations and drivers of vehicles used in transport business in localities.

10. Granting by-automobile transport business license to the passenger and goods transport business units in localities.

11. Managing, granting and re-granting badges and signboards according to regulations.

12. Directing, supervising, inspecting and examining professional training of professional operations and legal regulations on transport activities for vehicle attendants and propaganda and education to improve responsibility, the professional ethics of drivers that are organized by the local transport business enterprises and cooperatives or the Vietnam Automobile Transportation Association or the local Automobile Transportation Association according to regulations.

13. Announcing exploitation of stopping points for passenger pickup and drop-off for passenger transport on fixed routes in localities after such content is approved by the People's Committees of provinces and centrally-run cities.

14. Managing passenger transport for cars with double-deck beds

a) Examining and supervising units using cars with double-deck beds;

b) Reviewing and placing signboards of speed limit for cars with double-deck beds at necessary locations, especially for mountain passes or slopes and at locations with a small radius of curvature on routes under localities’ management.

15. Inspecting, examining and handling under their competence violations of regulations on transport management, by-automobile transport business activities and business conditions; and road transport support services in accordance with the law.

16. Before the 15th of each month, the provincial-level Departments of Transport shall announce the list of vehicles (vehicle registration plates (vehicle control plates), issued type of badges or signboards and their term) and transport business units (name of unit, issued type of business, term of the by-automobile transport business license; list of vehicles with revoked or deprived badges, signboards; the list of transport business units revoked or deprived of by-automobile transport business license on such Department's websites for inspection and supervision.

 

Chapter IX

ORGANIZATION OF IMPLEMENTATION AND EFFECT

 

Article 64. Regulations on reporting regime

1. No later than the 20th of each month, transport business units and passenger car stations must report the previous month's operation to the provincial-level Departments of Transport. The form of report on passenger transport results is specified in Appendix 18 to this Circular. The form of report on goods transport results is specified in Appendix 19 to this Circular. The form of report on operation results of passenger car stations and freight car stations is specified in Appendix 20 to this Circular.

2. No later than December 20 every year, the provincial-level Departments of Transport shall report on local transport activities to the Directorate for Roads of Vietnam for synthesizing and reporting to the Ministry of Transport in February every year. The form of report on transport activities is specified in Appendix 21 to this Circular.

Article 65. Effect

1. This Circular takes effect on July 15, 2020.

2. To repeal the following circulars: The Ministry of Transport's Circular No. 63/2014/TT-BGTVT dated November 07, 2014 defining organization and management of by-automobile transport business activities and road transport support services; the Ministry of Transport's 60/2015/TT-BGTVT dated November 02, 2015 amending and supplementing a number of articles of the Circular No. 63/2014/TT-BGTVT dated November 07, 2014 defining organization and management of by-automobile transport business activities and road transport support services; the Ministry of Transport's Circular No. 92/2015/TT-BGTVT dated December 31, 2015 defining the procedures of selection of units operating by-automobile fixed passenger transport routes; the Ministry of Transport's Circular No. 10/2015/TT-BGTVT dated April 15, 2015 defining responsibilities and handling of violations in by-automobile transport business activities.

3. The transition to the new regulations on issue and use of badges and signboards for automobiles used in transport business shall comply with Clause 6, Article 36 of the Decree No. 10/2020/ND-CP and to continue granting badges and signboards according to forms as prescribed in the Circular No. 63/2014/TT-BGTVT of November 07, 2014 and the Circular No. 60/2015/TT-BGTVT of November 02, 2015 until the end of December, 2020.

4. Forms of by-automobile transport business licenses and badges as prescribed in this Circular shall be issued from January 01, 2021.

Article 66. Implementation responsibility

Chief Offices, Chief Inspectors of the Ministry, Directors General, Directors of the Departments of Transport of provinces and centrally-run cities, heads of related agencies, organizations and individuals shall take responsibility for the implementation of this Circular./.

 

* All Appendices are not translated herein.