Thông tư 55/2013/TT-BGTVT về hoạt động kinh doanh vận tải bằng xe ô tô

THE MINISTRY OF TRANSPORT

Circular No. 55/2013/TT-BGTVT dated December 26, 2013 of the Ministry of Transport prescribing the responsibilities and violation handling in organization and management of transport business activities by vehicles and road transport support services

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

Pursuant to the Law on cadres and public employees dated November 13, 2008;

Pursuant to the Law on officials dated November 15, 2010;

Pursuant to Labor Code dated June 18, 2012;

Pursuant to Decree No. 91/2009/ND-CP dated October 21, 2009 of the Government on business and conditions for transport business by vehicles; Decree No. 93/2012/ND-CP dated November 08, 2012 of the Government amending and supplementing a number of articles of Decree No. 91/2009/ND-CP dated October 21, 2009 of the Government on business and conditions for transport business by vehicles;

Pursuant to Decree No. 34/2011/ND-CP dated May 17, 2011 of the Government on disciplining the public employees;

Pursuant to Decree No. 27/2012/ND-CP dated April 6, 2012 of the Government on disciplining the officials and responsibility for compensation and reimbursement of officials;

Pursuant to Decree No. 157/2007/ND-CP dated October 27, 2007 of the Government stipulating the regulations on responsibility for heads of agencies, organizations and units of the state in the implementation of duties and public services;

Pursuant to Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding a number of articles of the Labor Code on labor discipline and material responsibility and Decree No. 33/2003/ND-CP dated February 04, 2003 of the Government amending and supplementing a number of articles of Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding a number of articles of the Labor Code on labor discipline and material responsibility;

Pursuant to Decree No. 171/2013/ND-CP dated November 13, 2013 of the Government on sanctioning administrative violations in the field of road and railway transport;

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

At the request of the Director of Transport Department and the General Director of the Directorate for Roads of Vietnam;

The Minister of Transport issues Circular defining the responsibilities and handling of violations in the organization and management of transport business activities by vehicles and road transport support services,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular defines the responsibilities and handling of violations in the organization and management of transport business activities by vehicles and road transport support services;

Article 2. Subject of application

This Circular applies to the agencies, organizations and individuals involved in the transport business activities by vehicles and the service of road transport support, including:

1. Directorate for Roads of Vietnam;

2. Transport Services of provinces and centrally-affiliated cities;

3. Transport business unit by vehicles;

4. Business units of bus station, freight car station and rest stop;

5. Other organizations and individuals concerned;

Chapter 2.

ORGANIZATION’S AND INDIVIDUAL’S RESPONSIBILITIES

SECTION 1. ORGANIZATION’S RESPONSIBILITIES

Article 3. Directorate for Roads of Vietnam

1. Formulating and submitting to the competent authorities for promulgation and implementation of the plan to develop legal normative documents, standards, regulations and other documents relating to the organization and management of transport business activities by vehicles and road transport support services;

2. Organizing full and timely implementation, dissemination, training and guidance to the Transport Services in implementation of legal normative documents, standards, regulations, direction and management documents of the Ministry of Transport stipulating the organization and management of transport business activities by vehicles and road transport support services;

3. Performing the statistics, developing, managing the database and providing information about the transport business activities by vehicles and road transport support services; managing and using data from vehicle tracker as prescribed;

4. Formulating and submitting to the Ministry of Transport for approval and adjustment of planning of inter-provincial fixed passenger transport route network and the rest stop system on the national highway network to ensure the quality and progress; managing the implementation of planning under the authority; coordinating with the Transport Services to locate, invest, build and organize the operation of passenger pickup and discharge points of inter-provincial fixed route on national highways under management;

5. Publicly posting the process of implementing the administrative procedures related to the settlement of dossier, licensing of transport business by vehicles and road transport support services as decentralized; issuing documents, assigning tasks, defining the responsibility and power to each department, cadre, public employee and official directly involved in implementing the administrative procedures; ensuring necessary conditions for the handling of dossiers and performance of administrative procedures as prescribed;  

6. Making plan and performing the inspection, examination and handling of violation of road transport activities under the authority;

7. Performing the reporting regulations as prescribed;

Article 4. Transport Service

1. Developing and submitting to the People’s Committee of provinces and centrally-affiliated cities for promulgation of legal normative documents under the authority;

2. Organizing full and timely implementation, dissemination, training and guidance of implementation of legal normative documents, standards, regulations, direction and management documents of the Ministry of Transport and People’s Committee of provinces and centrally-affiliated cities on organization and management of transport business activities by vehicles and road transport support services in the area;

3. Performing statistical work, developing, managing database and providing information on road transport; managing and using data from the vehicle tracker as prescribed;

4. Organizing the formulation and submitting to People’s Committee of provinces and centrally-affiliated cities for approving and adjusting the planning of fixed passenger transport route network within provinces; bus stations, freight car station and rest stops on provincial road network; passenger transport route network by bus and by taxi in the area; managing the implementation of planning under the authority; assuming the prime responsibility for and coordinating with the Directorate for Roads of Vietnam to determine and submit to the People’s Committee of provinces and centrally-affiliated cities for approving the location of passenger pickup and discharge points of inter-provincial fixed route within management area; implementing the investment, building and management under the authority;

5. Publicly posting the process of implementing the administrative procedures related to the settlement of dossier, licensing of transport business by vehicles and road transport support services as decentralized; issuing documents, assigning tasks, defining the responsibility and power to each department, cadre, public employee and official directly involved in implementing the administrative procedures; ensuring necessary conditions for the handling of dossiers and licensing;

6. Making plan and performing the inspection, examination and handling of violation of road transport activities under the authority;

7. Performing the reporting regulations as prescribed;

Article 5. Passenger transport business on fixed routes by bus

1. Publicly posting the service quality and fully implementing the contents of service quality registered in accordance with regulations.

2. Maintain a sufficient number of vehicles, drivers and vehicle attendants in accordance with the unit’s registered business plan;

3. Performing proper itinerary under the route operation plan approved by the route management authorities;

4. Carrying out a minimum of 70% of car trip on the fixed passenger transport routes under the running chart that has been approved.

5. Complying with regulations on recording, management and use of transport Order and driver’s badge;

6. Complying with regulations on passenger pickup and discharge;

7. Managing the conditions on technical safety and environmental protection for means of transportation to fully ensure the following contents:

a) Formulating and implementing the plan for repair and maintenance of unit’s vehicles;

b) Stipulating and fully implementing the contents and regulations on daily technical inspection and safety of vehicle;

c) Recording and updating in books the information related to the process of maintenance and repair of each vehicle under the unit’s management;

8. Managing the drivers and vehicle attendants to fully ensure the following contents:

a) Signing labor contract with the drivers and vehicle attendants and paying social insurance for them as prescribed;

b) Providing the training, transport operation guidance, traffic safety and propagating to enhance the responsibility and occupational ethics of the drivers and vehicle attendants;

c) Arranging sufficient number of drivers and vehicle attendants in accordance with the route operation plans approved; ensuring the working time of drivers under the provisions of the Law on Road Traffic;

d) Performing the regulation on periodic health examination for drivers and vehicle attendants as prescribed;

9. Organizing and maintaining the operation of management department, monitoring conditions for traffic safety to fully comply with the duties as prescribed;

10. Properly complying with regulations on installation, management and use of information from the vehicle tracker to ensure the following contents:

a) Installing and maintaining the technical condition to ensure continuous, complete and accurate transmission of required data from the vehicle tracker as prescribed;

b) Promptly and accurately providing the login name and password to access the management software and monitor the required information from the vehicle tracker for the competent state authorities;

c) Systematically storing the required information from the vehicle tracker within at least 01 (one) year.

11. Complying with regulation on handover of tickets and vouchers of freight and fees of transport to passengers

12. Monitoring, detecting and promptly handling acts of violation of driver and vehicle attendants through the data from the vehicle tracker and other information channel;

13. Performing the regulation on reports, statistics and storage as prescribed;

Article 6. Passenger transport business by taxi

1. Complying with the provisions in Clause 1, 2, 5, 7, 8, 9 and 13, Article 5 of this Circular;

2. Complying with regulation on installation and maintenance of the active state of charge meter.

Article 7. Passenger transport business under contract and tourist transport

1. Complying with the provisions in Clause 2, 5, 6, 7, 8, 10, 11, 12 and 13, Article 5 of this Circular;

2. Do not sell tickets and confirm reservation for passengers in any form.

Article 8. Business of passenger bus station, freight car station and rest stop

1. Ensuring security, order, traffic safety, fire and explosion prevention and environmental sanitation at bus stations and rest stops;

2. Posting the required information as prescribed;

3. Signing contracts with transportation units as prescribed before organizing the transport business activities at the bus station;

4. Implementing proper procedures for the vehicles to arrive at and leave station as prescribed;

5. Performing the regulation on reports, statistics and storage as prescribed;

Article 9. Goods loader

1. Complying with regulations on loading of goods onto vehicles

2. Confirming the loading of goods onto the vehicles on the transport license;

Article 10. Goods transport business

1. Arranging the vehicles in line with type of goods to be transported and limited size of bridge, tunnel and road on the whole transportation route;

2. Fulfilling the responsibility of transporter on loading of goods onto vehicles as prescribed;

3. Taking responsibility for any violation on load, limited size and principles of loading of goods onto vehicles;

4. Issuing transport license to driver before performing the transport contract;

5. Making compensation for drivers, escorts and goods loaders as prescribed;

6. Performing the regulation on reports, statistics and storage as prescribed;

7. In addition to complying with the provisions in Clauses 1, 2, 3, 4, 5 and 6 of this Article, the goods transport business unit in container must also comply with the Clauses 2, 5, 7, 8, 9, 10, 11, 12 and 13, Article 5 of this Circular;

SECTION 2. INDIVIDUAL’S RESPONSIBILITIES

Article 11. General Direct of Directorate for Roads of Vietnam

1. Taking responsibility before the Minister of Transport and law for the management of transport business activities by vehicles and road transport support services nation-wide;

2. Conducting inspection and examination and taking measures to promptly prevent and handle the violations of agencies, organizations and individuals in management of transport business activities by vehicles and road transport support services nation-wide;

3. Reviewing responsibility and handling violation as prescribed of units and individuals under the Directorate for Roads of Vietnam when failing to fulfill or completely and promptly the responsibility assigned in management of transport business activities by vehicles and road transport support services;

Article 12. Director of Transport Service

1. Taking responsibility before Chairman of People’s Committee of provinces and centrally-affiliated cities, the Minister of Transport and law for the management of transport business activities by vehicles and road transport support services at localities as prescribed;;

2. Conducting inspection and examination and taking measures to promptly prevent and handle the violations of agencies, organizations and individuals in management of transport business activities by vehicles and road transport support services under the authority;

3. Reviewing responsibility and handling violation as prescribed of units and individuals under the Directorate for Roads of Vietnam when failing to fulfill or completely and promptly the responsibility assigned in management of transport business activities by vehicles and road transport support services;

Article 13. Officials and experts tasked to manage the road transport

1. Taking responsibility before their direct heads, the head of the agency and law for the implementation of assigned tasks.

2. Properly implementing the responsibility, authority and assigned tasks with proper process and administrative procedures related to the management of transport business activities by vehicles and road transport support services;

3. Ensuring the openness, honesty, objectivity, no corruption, bureaucracy, not causing difficulty and troublesome for organizations and individuals when performing their duties.

4. Having proper attitude and behavior while on duty.

Article 14. Legal representative of transport business units and goods loading units

1. Carrying on their transport business in accordance with regulations;

2. Taking responsibility before the agencies or management organizations at direct higher level (if any) and law for the unit’s activities;

Article 15. Officials and employees tasked to manage the quality of services and traffic safety of the transport business unit

1. Complying with the procedures for management of transport service quality and traffic safety of their units;

2. Properly implementing labor contract, rules and regulations of their units;

3. Regularly updating regulations of law on management of service quality and traffic safety assurance in road transport;

4. Promptly detecting and request their unit’s leader to take remedial measures of problems in implementing regulations on management of service quality and traffic safety;

Article 16. Drivers, vehicle attendants and goods loaders

1. Regularly practicing, enhancing responsibility, occupational ethics, traffic culture and behavioral culture;

2. Abiding by regulations of law on management of service quality and traffic safety assurance in road transport;

3. Properly implementing labor contract, rules and regulations of their units;

Article 17. Legal representative of business unit of passenger bus station, freight car station and rest stop

1. Managing and operating the passenger bus station, freight car station and rest stop as prescribed;

2. Taking responsibility before the agencies or management organizations at direct higher level (if any) and law for the unit’s activities;

Article 18. Officials and employees of business unit of passenger bus station, freight car station and rest stop

1. Complying with regulations on ensuring the environmental sanitation and safety in the bus station and rest stop; complying with regulations on process arriving and leaving station of vehicles under assigned task;

2. Properly implementing labor contract, rules and regulations of their units;

3.Improving sense of responsibility, discipline and rules; well performing their assigned responsibilities and tasks.

Chapter 3.

HANDLING OF VIOLATION

Article 19. Principles for handling violations of organizations

1. Organizations and individuals committing violations of regulations on responsibility for organization and management of transport business activities by vehicles and road transport support services shall be called to attention and required for rectification and remedy upon detected for the first time. In case of no application for required remedial measures or recidivism, they shall be handled under the provisions in Article 20 and 21 of this Circular;

2. The competent agencies and persons must call to attention, rectify and require the organizations and individuals’ remedy of violation in writing specifying acts of violation and the time limit for remedy;

3. The forms of handling of violation specified in this Circular shall not supersede the ones specified in Decree No. 171/2013/ND-CP dated November 13, 2013 of the Government stipulating the sanction of administrative violations in the area of road and railway transport and other relevant regulations of law;

Article 20. Handling violations of transport business unit

1. Suspending route operation and revoking the written approval for route operation for 01 (one) month of enterprises and cooperatives of passenger transport business along fixed routes upon violations in one of the cases as follows:

a) Violation of the provisions in Clause 1 or 3, Article 5 of this Circular;

b) Violation of the provisions at one of the Points of Clause 10 and 13, Article 5 of this Circular;

c) Making reservation or selling tickets in the passenger transport business under contract and tourist transport business;

2. Suspending route operation and revoking the written approval for route operation from 01 (one) to 03 (three) months of enterprises and cooperatives of passenger transport business along fixed routes upon violations in one of the cases as follows:

a) Carrying out a minimum of 70% of car trip on the fixed passenger transport routes under the running chart that has been approved in 01 (one) month.

b) Failing to provide or properly provide the required information as prescribed from the vehicle tracker of vehicles operating on the routes;

c) Within 12 (twelve) months of consecutive operation of route, a number of vehicles whose badges are revoked with a definite time of 01 (one) month are 30% or more or a number of vehicles whose badges are revoked with a definite time of 03 (three) months are 15% or more;

d) When extracting data from the vehicle tracker of all vehicles of route operation in 03 (three) consecutive months, the responsible persons find that drivers commit violation of itinerary from 5% or more of number of vehicle operating on routes or the drivers commit violation of speed or pickup and discharge of passengers at improper places from 20% or more of number of vehicle operating on routes or drivers commit violation of time of vehicle control from 10% or more of number of vehicle operating on routes;

3. Revoking badges and nameplate within 06 (six) months for the vehicles of transport business of fixed routes, passenger transport business by taxi, passenger transport business under contract, tourist transport vehicles, goods transport business in container of the transport business units committing violations specified in Clause 5, Article 5 of this Circular upon improper use of badges and nameplate or intentional distortion of information specified on badges and nameplate provided for the vehicles;

4. Revoking the badges and nameplate within 01 (one) month of the vehicles committing violations in the following cases:

a) Revoking the badges and nameplate within 01 (one) month in case where the vehicles of passenger transport business under contract and vehicles of tourist transport are operating without transport contract or traveling contract, tourism programs and passenger list as prescribed; ticket sale or confirmation of reservation for passengers in any form or additional pickup of passenger outside the list;

b) Vehicles of goods transport in containers commit violation of one of the provisions in Clause 7, Article 10 of this Circular (except for intentional distortion of information specified on badges and nameplates provided for the vehicles);

c) Taxicabs commit violations specified in Clause 2, Article 6 of this Circular or have no light boxes on taxi roof as prescribed or have fraudulent acts in calculation of charges on taxi meter;

d) Vehicles are transporting passengers on fixed routes, taxicabs and buses do not publicly post their service quality or fail to carry out from 03 (three) contents or more in the commitment of service quality;

dd) Vehicles transporting passengers under contract, tourists and goods in container commit violations specified in Clause 10 or 13, Article 5 of this Circular or fail to provide or properly provide the required information from the vehicle trackers for the competent authorities;

e) Vehicles transporting passengers on fixed routes commit violations specified in Clause 5, Article 5 of this Circular upon having no transport order; failing to record or correctly record the contents in the transport order;

g) Vehicles transporting tourists and passengers under contract and goods in container, upon extracting data from the vehicle tracker showing that within 01 (one) month, there are 5% or more of vehicle trips of the unit’s total vehicle trips operating in the same time committing their itinerary; or 20% or more of vehicle trips of the total vehicle trips committing violation of speed or 10% or more of vehicle trips of the unit’s total vehicle trips whose drivers committing violation of driving time;

h) Vehicles transporting goods in container, upon extracting data from the vehicle tracker within 01 (one) month showing that 20% or more of vehicle trips operating on routes where drivers commit violation of speed or 10% or more of vehicle trips operating on routes where drivers commit violation of vehicle control time;

Article 21. Handling of violation of operating unit of passenger bus station, car freight station and rest stop

1. The operating unit of passenger bus station, car freight station and rest stop called to attention must take remedial measures within a maximum of 03 (three) months upon committing violation of one of the provisions in Article 8 of this Circular;

2. If the operating unit of passenger bus station, car freight station and rest stop fail to take remedial measures of violation specified in Clause 1 of this Article at a prescribed time, the competent authorities shall re-announce the type of passenger bus station and rest stop lower than at least 01 (one) level and prohibit to open new passenger transport route with the starting point or ending point at that bus station within a period of 12 (twelve) months.

Article 22. Handling of violation of goods loaders

1. The goods loaders who are called to attention must remedy within 03 (three) months upon committing violation specified in one of the Clauses of Article 9 of this Circular;

2. If the goods loaders who fail to remedy their violations specified in Clause 1 of this Article at a prescribed time, they may be proposed to the competent authorities for suspension from their business and revocation of their certificates of registration of business line related to the goods loading activities (in case where the goods loaders own their certificate of business registration) within 06 (six) to 12 (twelve) months for remedy of violation;

Article 23. Penalties incurred by drivers, vehicle attendants, officials and employees of bus stations

Depending on violations and seriousness, the drivers, vehicle attendants, and employees of bus stations, they shall be handled as follows:

1. Handling of administrative violations prescribed in the Government s Decree No. 171/2013/ND-CP dated November 13, 2013 on sanction of administrative violations in the area of road and railway transportation;

2. Handling of violations as prescribed in internal rules and regulations; the Government s Decree No. 41/CP dated July 06, 1995 elaborating and providing guidance on the implementation of some Articles of the Labor Code on labor discipline and material liabilities and the Government s Decree No. 33/2003/ND-CP dated February 04, 2003 on amendments to some Articles of the Decree No. 41/CP.

Article 24. Handling violation of cadres, public employees, officials and employees of state authorities

Depending on subjects and seriousness of violation, the cadres, public employees, officials and employees of state authorities related to the management of passenger transport activities by vehicles and road transport support services shall be handled in accordance with the Government s Decree No.  34/2011/ND-CP dated May 17, 2011 on disciplining the public employees; the Government s Decree No. 41/CP dated July 06, 1995 elaborating and providing guidance on the implementation of some Articles of the Labor Code on labor discipline and material liabilities, the Government s Decree No. 33/2003/ND-CP dated February 04, 2003 on supplementation and amendment to some Articles of the Decree No. 41/CP; the Government s Decree No. 27/2012/ND-CP dated April 06, 2012 on disciplining officials and their responsibilities for compensation and reimbursement.

Article 25. Authority to sanction violation

1. Minister of Transport shall decide upon the handling of violation of General Director, Deputy General Director of Directorate for Road of Vietnam and other subjects under authority;

2. Chairmen of People’ Committee of provinces and centrally-affiliated cities shall decide upon the handling of violation of Director, Deputy Director of Transport Service and other subjects under authority;

3. General Director of Directorate for Roads of Vietnam shall:

a) Decide upon the handling of violation of Heads of agencies advising the road transport management of Directorate for Roads of Vietnam and other officials and employees under the management of the General Department;

b) Suspend the operation and revoke the approval for operation of international road transport routes, mixed transport license and badges provided by himself/herself:

c) Request the competent authorities to handle the violations of organizations and individuals as prescribed;

4. Director of Transport Service shall:

a) Decide upon violations of Head and deputy Head of road transport management operation Division of Transport Service and other officials and employees under its management;

b) Suspend the operation and revoke the approval for route operation, badges and nameplates provided by himself/herself;

c) Request the Directorate for Roads of Vietnam and the competent authorities to handle the violations of organizations and individuals as prescribed;

5. Head of inspection and examination team or competent persons must promptly report in writing on violations of organizations and individuals to the competent authorities for handling under regulations of law;

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 26.  Implementation effect

1. This Circular takes effect since March 01, 2014;

2. Article 19 and 20 of this Circular supersede Clause 2 of Article 19, Clause 2 of Article 48 of Circular No. 18/2013/TT-BGTVT dated August 06, 2013 of the Ministry of Transport stipulating the organization and management of transport business activities by vehicles and road transport support services from the effective date of this Circular;

3. Annulling Decision No. 3633/QD-BGTVT dated December 02, 2003 of the Ministry of Transport issuing the Regulation on responsibility and form of handling to the organizations and individuals upon violation in management, operation and passenger transport business activities by vehicles;

Article 27. Implementation organization

Chief of Ministry Office, Chief Inspector of the Ministry, Directors, General Director of Directorate for Roads of Vietnam, Directors of Transport Services, Heads of agencies, organizations and individuals concerned are liable to execute this Circular;

The Minister of Transport

Dinh La  Thang