How does the Decree 47/2022 “tighten” by-automobile transport business?

Takin effect on September 01, 2022, Decree No. 47/2022/ND-CP prescribes many essential changes to tighten the by-automobile transport business. This information shall be introduced by LuatVietnam in the post as follows:

1. Must supply at least 5 information when consigning goods

The consignment of goods is a simple and convenient way that many people use because it is cheap and saves time. However, a number of problems arise from the weak control.

In order to ensure the management and control of consigned goods, Clause 1, Article 1 of Decree No. 47/2022/ND-CP supplements that:

Passenger transport business units, drivers, and attendants on vehicles (if any) must require the consignors who do not accompany their consignments to provide sufficient and accurate information about the name and weight (if any) of consignments, full name, address, identity card/citizen’s identity card number and phone of the consignors and recipients.

Accordingly, from September 01, 2022, consignors must provide at least 05 information for passenger transport business units, drivers, and attendants on vehicles (if any):

- The name of consignments

- Full name

- Address:

- Identity card/citizen’s identity card number

- Phone of the consignors and recipients

- The name of consignments (not compulsory).

Decree 47/2022/ND-CP
How does Decree 47/2022 “tighten” by-automobile transport business? (Illustration)

2. Not use vehicles with 16 seats as Limousine for carrying passengers.

This is one of the important contents prescribed in Decree No. 47/2022/ND-CP. Accordingly, Decree 47 annuls the regulations on by-automobile transport business as follows:

It is not allowed to use vehicles of under 9 seats (including the driver) renovated from vehicles with a capacity of 9 seats or more or vehicles with sizes and designs similar to vehicles of 9 seats or more for by-taxi passenger transport business.

Instead, the new Decree prescribes that:

It is not allowed to use vehicles of under 10 seats (including the driver) renovated from vehicles with a capacity of 10 seats or more for passenger transport business. It is not allowed to use vehicles with sizes and designs similar to vehicles of 9 seats or more (including the driver) for by-taxi passenger transport business.

Therefore, from September 01, 2022, vehicles with a capacity of 10 seats or more are not allowed to be renovated for the passenger transport business.

However, Clause 3, Article 2 of the Decree No. 47/2022/ND-CP prescribes vehicles of under 10 seats (including the driver) renovated from vehicles with a capacity of 10 seats or more that have been granted with badges and signboards before the effective date of this Decree shall continue to be used for passenger transport business activities until the end of their lifetime.

Currently, many transport businesses are using vehicles with Ford brand with a capacity of 16 seats which are renovated to under 10 seats called Limousine to carry, pick up or drop off passengers.

Therefore, passenger transport businesses are allowed to use Limousine cars with badges and signboards for carrying passengers before September 01, 2022. From September 01, 2022, Limousine is not granted with signboards for passenger transport business.

3. From July 01, 2023, must install with a camera to be granted with badges and signboards

Signboards are the paper or stamp forms that are issued for the passenger transport business. Vehicles must be stuck with these forms when traveling on the road.

Clause 12, Article 1, Decree 47 supplements the following regulations to ensure the installation of cameras in passenger transport businesses:

From July 01, 2023, transport business units using automobiles used for transport business that are subject to camera installation requirement under this Decree must install itinerary monitoring devices integrated with a camera when participating in transport business activities for the first time in order to be granted with badges and signboards. An itinerary monitoring device integrated with a camera must fully satisfy requirements specified in this Decree.

Within that, an automobile used for passenger transport business includes:

1- Passenger transport business with a capacity of 9 seats or more (including the driver)

2 - Containerized goods vehicles and trailers (Clause 2, Article 14, Decree No. 10/2020/ND-CP).

Therefore, passenger transport businesses must install cameras in order to be granted badges and signboards.

Here are new regulations on passenger transport business in accordance with Decree No. 47/2022/ND-CP. 

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