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Decree 86/2014/nd-Cp: On Business And Business Conditions Of Transport By Cars

Original Language Title: Nghị định 86/2014/NĐ-CP: Về kinh doanh và điều kiện kinh doanh vận tải bằng xe ô tô

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THE GOVERNMENT.
Number: 86 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 10, 2014

DECREE

In terms of business and transportation business conditions

______________

Government Law Base December 25, 2001;

The Road Traffic Law Base November 13, 2008;

The Law Code base on November 20, 2012;

The Commercial Law Base June 14, 2005;

The Travel Law Base June 14, 2005;

Corporate Law Base November 29, 2005;

The High School of Law on November 23, 2009;

Disability Law Base June 17, 2010;

On the recommendation of the Minister of Transport,

The government issued a regulatory decree on business and motor vehicle transportation.

Chapter I

GENERAL REGULATION

Number one. Adjustment range

This decree regulates business, business conditions, and the granting of a car-transport business license.

Figure 2. Subject applies

This decree applies to organizations, business individuals, or in relation to automobile transport business.

Third. Explain the word

The words below are understood as follows:

1. automobile transport business is the use of freight cars, passengers on the roads aimed at lucrative purposes; including direct cash and transportation business that does not collect money directly.

2. Direct-paid transport business is a motor vehicle transport business, in which the transport business unit provides transportation and freight services directly from customers.

3. The transport business does not collect money directly as automobile transport business, in which the business unit has just carried out the transport capacity, has just carried out at least another segment in the process from manufacturing to product consumption or service to the company. And, uh, collect and collect shipping fees through sales from the product or service.

4. The transportation business unit is business, cooperative, and business in the transportation business.

5. The fixed line is the approved passenger transport route and announced by the authority, defined by the journey, the terminal, the terminal (the terminus, the last point to the bus) in accordance with the approved grid network planning.

6. Internal transport is a transport activity operated by units using a passenger vehicle carrying people from nine or more seats to periodically transport cadres, civil officials, officials, labourers or students, students from where to work or to study and study. The opposite.

7. passenger transit transport is a transportation operation operated by businesses, business cooperation business cooperated by the fixed line to pick passengers up to the terminal, pickup points, front-line or vice versa.

8. The design payload of the automobile is the number of people and the maximum amount of cargo that cars are carried by the manufacturer ' s regulation.

9. The payload is allowed to transport cars as the number of people and the maximum cargo mass that the car is allowed to carry, but not to exceed the vehicle's design payload, when operating on the road by the regulation of the Ministry of Transport.

10. The transport operator is the legal representative of the transport business unit or is legally represented by the law of the business unit of the transport business unit directly in charge of the operation of the transport business.

11. The passenger car terminal (passenger terminal) is the construction of the road traffic infrastructure that performs a motor vehicle service, paying passengers and passenger support services.

12. Automoby automobile (terminal) is the work of a road traffic infrastructure that performs the capacity for automobile transport, unloading cargo, and support services for other cargo operations by regulation.

13. The stop station is a work on the road traffic structure that performs the function of serving people and means of stopping, resting in the process of engaging in traffic on the road.

Chapter II

REGULATIONS IN OPERATION

AUTO-TRANSPORT BUSINESS

What? 4. Business transport business by fixed line

1. Business, cooperated cooperated by a licensed automobile transport business license, is registered on the line in the planning line and is approved by the agency.

2. A fixed-distance passenger transport line from 300 kilometers per metre has to be released and concluded at the passenger terminal from type 1 to type 4 or the 5th Category 5 terminal under the Government's regulations.

3. Line management content includes:

a) Build, publish and implement network network planning;

b) Construction and publication of the vehicle running on the line, which announced the route to the exploit, approved of the route, which regulates the frequency of the driving;

c) Track, aggregation of the operation of the transportation of businesses, coopercooperation, the station on the line; statistics of passenger output, forecasting the travel demand of passengers on the line;

d) Inspector, test and dispose of a violation of the management business operations in accordance with the correct line.

4. Enterprise, coopercooperally, must sign a contract with the passenger and transport business unit according to the correct route of the approved route; offered to increase, reduce frequency, stop mining on the prescribed line.

5. The passenger terminal business unit provides transportation support services to the business, which cooperated passenger transport in a fixed line; check and confirm conditions for cars and drive before the arrival of the car.

What? 5. Business transport business by bus

1. The passenger transport business is carried out on the fixed line, according to the vehicle-run chart in accordance with the bus passenger network planning by bus approved by the authority.

2. The bus line must not exceed 2 adjacent provinces; the first or last point of a special municipal bus route does not exceed the 03-province, city.

3. The bus line has stops, payable points. The maximum distance between the two stops, the adjacent to the inner city, is 700 meters in the city, with the outskirts of 3,000 meters.

4. The maximum manner of time between adjacent cars is 30 minutes for inner, inner-city lines; 60 minutes for other lines; the minimum operating time of the line is less than 12 hours in one day; separate bus routes have their first point. Or the last point in the cargo port area is scheduled to be in accordance with the operational time of the port of aviation.

5. The Provincial People 's Committee, the Central Committee of the Central Committee (later called the Provincial People' s Committee) united with the approved Provincial People ' s Committee, announced the network network planning; construction and management of the infrastructure that serves the vehicle operation. Buses, fares, ticket prices (for subsidi-subsidiated buses) and State ' s preferable policies on incentives to develop passenger transport by bus on the site; regulation and organization ordering, bidding to exploit bus routes in the planning.

6. The provincial committee is unified with the Department of Transport prior to the approval of allowing the operation of bus routes with a terminus or endpoint in the port area.

What? 6. Business transport business by taxi

1. The passenger transport business with a taxi bus has its journey and schedule at the request of the passenger; the identity of the money is based on the money-based clock in kilometers of wheelchairs, the waiting time.

2. The car has a light box with the "TAXI" fixed on the roof.

3. From July 1, 2016, taxis must have a single-print printing device connected to the currency clock in the car; driving must print the bill of money and pay for passengers.

4. The Provincial People ' s Committee builds passenger transport development planning by taxi drivers; managing transport operations with taxi drivers, building and managing parking points for taxi cars on the site.

What? 7. The passenger transport business under contract

1. The passenger transport business under contract is the fixed-line transport business and is done under a written transport contract between the transport business unit and the transport tenant.

2. When carrying a contract passenger transport, the driver must carry the main copy or copy of the transport contract and the confirmation passenger list of the transport unit (except for the funeral service car, the wedding).

3. From July 1, 2015, for car trucks with a design payload from 10 passengers or more, prior to the contract implementation, the transport business unit must inform the Department of Transportation where the Business License ranks the basic information of the company. Journey includes: Journey, number of guests, attractions, payers, contract execution time.

4. In addition to the emergency operation of a traffic accident, serving emergency duties such as natural disasters, the enemy at the request of the functional force, the automobile transported passengers under contract not to be picked up, paying guests outside of the site in the contract.

5. Do not sell tickets, confirm reservation for passengers to ride in all forms.

What? 8. Business car transport business

1. The tourist transport business is a fixed-line transport business that is carried out according to the travel program and must have a written visitor transport contract between the transport business unit and the travel or traveller business unit.

2. When carrying a tourist transport, the driver must carry a tourist transport contract or a traveller contract (the main copy or copy of the travel business unit); travel programs and passenger lists.

3. From July 1, 2015, for car trucks with a design payload from 10 passengers onwards, prior to the implementation of a tourist transport contract or a traveller contract, the transport business unit must inform the Department of Transport where the license level is issued. The business of shipping the basic information of the trip includes: The journey, the number of guests, the picking points, the payout, the timing of the contract.

4. In addition to the emergency operation of a traffic accident, serving emergency duties such as natural disasters, the enemy at the request of the functional force, the automobile transport cars are not picked up, paying guests outside of the sites that are in the contract.

5. Do not sell tickets, confirm reservation for passengers to ride in all forms.

6. The tourist transport car is priorititiated where to stop, parked to pick up tourists, catering to tourist attractions at the marinas, terminals, airports, docks, tourist areas, tourist attractions, tourist attractions, tourist attractions, tourist attractions, tourist attractions, and tourist attractions. schedule by the Department of the Provincial People's Committee.

7. The Ministry of Transport presided in coordination with the Ministry of Culture-Sports and Tourism that regulates the transport of tourists by car and grade, in exchange, to recall signs for motor vehicles transporting tourists.

What? 9. Business transport business by car

1. Taxi freight business is the use of a truck that has a payload of 1,500 kilograms or more to transport goods and tenants to pay for driving under the car-mounted currency. On the other side of the vehicle or the car door, the "TAXI LOAD", the number of contacts, the business unit name.

2. High-school, super-high cargo transport business:

a) The business of super-school goods, supergravity is the use of motor vehicles that are suitable for transporting the types of goods that each row has size or weight beyond regulation but cannot be removed;

b) When transporting the super-school, the driving supergravity must carry a license to circulate due to the competent authority.

3. The dangerous freight business is the use of automobile vehicles to transport goods containing hazardous substances when shipping is potentially harmful to life, human health, environmental, safety, and national security. A dangerous shipping business must have a dangerous shipping permit issued by a competent authority.

4. The company ' s use of electric-antenna goods is the use of a towing car that pulls out the mooch, the sister of the mind to transport the antenna.

5. Business transport business is typically a form of freight business in addition to the forms of transportation business stipulated in Clause 1, 2, 3 and 4 This.

6. The freight business unit must be responsible for the loading of goods to automobiles as defined by the Ministry of Transport.

7. The Provincial People ' s Committee builds and announced the planning of a freight terminal, the point of delivery of goods at the local table.

What? 10. Limit the responsibility of the business people to transport goods in the compensation of damaged goods, loss, shortage of goods

1. The compensation of damaged goods, loss, shortages were made to the transport contract or by agreement between the transport business person and the transport tenant.

2. The case in the transport contract does not have a regulatory content of damages of damaged goods, loss, shortages due to the fault of the goods transport business and the two sides do not deal with the compensation level then the business transport business is compensated. It usually gives the tenants a level of 70,000 (seventy thousand) of Vietnam to a kilogram of goods lost, except for the other decision of the Court or the arbiter.

What? 11. Regulation for driving, transport operator and motor vehicle operating the transport business in the United States.

1. Driving a transport business must ensure the following requirements:

a) Must be given the social insurance and health insurance business unit by regulation;

b) Must be obtained periodically and granted a Certificate in accordance with the provisions of the Ministry of Health;

c) Must be trained in terms of business and the provisions of the law to transport activity under the provisions of the Ministry of Transport.

2. The transport operator of the business, the cooperative must secure the following requirements:

a) Not simultaneously working at the agency, the other unit;

b) Not directly driving labor, employees serving on the business cars of their own unit;

c) Training under the regulations of the Ministry of Transport.

3. The motor vehicle that operates the transport business must secure the following requirements:

a) Business cars transport passengers by fixed lines, taxi drivers, buses, passenger vehicles on contract, car-carrying vehicles, car-towing cars, diagazes, motor vehicles, freight cars, and freight cars. Travelers must be tagged with the regulation of the Ministry of Transport;

b) The automobile must be protected, repaired and have the process of tracking the process of operation under the regulation of the Ministry of Transport;

c) On the vehicle must be fully listed under the provisions of the Ministry of Transport;

d) The Provincial People ' s Committee specifically regulates the paint color of the taxi in its locality.

4. For vehicles that have not yet been mounted before this Protocol is in effect, the binding of the badge is done on the following route:

a) Before July 1, 2015 for buses, the first car pulls up the car, the sister capital of the transport business;

b) Prior to 1 January 2016 against the cargo truck carrying a payload weight from 10 tons or more;

c) Prior to July 1, 2016 for the cargo motor vehicle carrying a design payload from 07 tons to less than 10 tons;

d) Prior to January 01, 2017 for the cargo truck carrying the payload was a design payload from 3.5 tons to under 7 tons;

Prior to July 1, 2018, the cargo motor vehicle had a design payload of less than 3.5 tons.

What? 12. Regulation of construction and implementation of the traffic safety guarantee process in the operation of motor transport by car.

1. The transportation business unit, the passenger terminal, the cargo terminal has to build and implement the traffic safety assurance process in accordance with the business types of its unit following the following route:

a) The business unit transport business by fixed line, bus, taxi, transport of goods by firm-ten neurons; guest terminal: From July 1, 2015;

b) A business transport business unit according to contract, visitor; freight transport by towing car, sister cell, motor vehicle, vehicle, vehicle, vehicle, car, car, car, car, car, car, car, car, car, car, car, car, car, car, car, car, car, car, car, car, car, car, car, etc.

c) The business unit transport business by car has a design payload from 07 tons to under 10 tonnes: From 1 January 2017;

d) The business unit transport business by car has a design payload under 7 tons: From July 1, 2019.

2. The traffic safety assurance process needs to clarify the following content:

a) For the transport business unit: The procedure of testing the traffic safety conditions of automobiles and driving cars before the implementation of the transport business; the maintenance regime is fixed to the motor motor vehicle; the labor organization regime for the transport business. driving business vehicles; the test regime, which oversees the operation of automobiles and the driver on the transport business journey; the treatment process when the traffic accident occurs during the transport business; the report mode on traffic safety for the vehicle and the vehicle. Driver, transport operator;

b) For the passenger terminal business unit, the cargo terminal: The procedure to test the traffic safety conditions of the automobile, drive cars, cargo and baggage of passengers before arrival; inspection mode, monitoring of the operation of the automobile and the driver in the vehicle. the parking area; the traffic safety report.

3. The Department of Transport provides details on the construction, implementation of the traffic safety guarantee in motor vehicle operation and roadmap using the traffic safety assurance process for the automobile terminal.

Chapter III

CAR TRANSPORT BUSINESS

What? 13. Joint conditions for transport business by car

The transport business unit must have enough of the following conditions:

1. Register the transport business by car according to the rule of law.

2. The means must secure the amount, quality that is consistent with the form of business, namely:

a) When the transport business must have enough of the number of vehicles according to the business methodology has been approved; the vehicle must be in the ownership of the transport business unit or the right to use legally under the contract of the transport business unit with the organization. Financial leasing or organization, the individual has the function to lease assets by law.

The registered car case owned by a member of the cooperative member must have a service contract between the member with the cooperative, which rules the cooperative of the right, responsibility and duty of management, use, automobile operator owned by the member of the cooperative member;

b) The automobile must secure technical safety and protect the environment;

c) The car must be mounted on a prescribed journey under regulation at Article 14 of this decree.

3. Drive and staff serve on the car:

a) Driving is not a person who is in time to be banned from practice under the rule of law;

b) Driving and employees serving on the car must have a written labor contract with a Department of Labor-Trade and Social Transport unit (except for the same time as a business owner or father, mother, wife, husband or child of the host). business);

c) The employee who serves on the car must be trained on a business and the provisions of the law to transport operations under the provisions of the Ministry of Transport. Employees who serve on a tourist truck have to be trained in the tourism business as defined by the travel law.

4. The transport operator must have a professional level of transport in terms of or above-level transport or higher-level degrees to the economic, other engineering and duration of continuous work at the transport unit from 03 years or more.

5. Place parking: The transport business unit must have a parking place in accordance with the business method and ensure the requirements for traffic safety, fire prevention, detonation and environmental hygiene in accordance with the rule of law.

6. About organization, management:

a) The transport business unit has a mandatory means of attachment monitoring of the vehicle's journey to the computer, network connecting network, and tracking, processing of information reception from the vehicle's journey monitoring device;

b) The business unit operates enough of the number of drivers according to the business method, is responsible for organizing a health exam for driving and using a vehicle-driven health driver; for passenger trucks, passenger transport has a design payload from 30 places. Sitting up (including seating, standing and bed) must have employees serving in the car (except for the contract to pick up officers, employees, students, students to work, school, and buses with equipment replacers);

c) Enterprise, business cooperative transport business by fixed line, passenger transport by bus, passenger transport by taxi, transport of goods by building-ten neurons must have a management division, monitoring of traffic safety conditions;

d) Enterprise, business cooperation for passenger vehicles by fixed-line cars, buses, taxis must register and implement the standard of passenger service quality.

What? 14. The device monitoring the vehicle ' s journey

1. Car auto transport business car, motor vehicle freight business vehicle-antenna, car towing car, motor vehicle, motor vehicle operations and freight trucks, and freight trucks, equipment, equipment, and cargo equipment. Journey monitoring must ensure good technical condition and continuous operation during the time of traffic.

2. The driver ' s journey monitoring device must secure the following minimum requirements:

a) Save and propagate information under the regulation of the Ministry of Transport;

b) The information from the vehicle monitoring device of the vehicle is used in the state management of the transport operation, managing the operation of the transport business unit and providing for the Public Security agency, the Inspector when required.

3. For uninstalled vehicles that monitor the journey before this Decree is in effect, the installation of the execution device is done on the following route:

a) Before July 1, 2015 for a taxi, the first car pulls up a car, a map of shipping business;

b) Prior to 1 January 2016 against the cargo truck carrying a payload weight from 10 tons or more;

c) Prior to July 1, 2016 for the cargo motor vehicle carrying a design payload from 07 tons to less than 10 tons;

d) Prior to January 01, 2017 for the cargo truck carrying the payload was a design payload from 3.5 tons to under 7 tons;

Prior to July 1, 2018, the cargo motor vehicle had a design payload of less than 3.5 tons.

What? 15. Terms of Business Transport in accordance with fixed lines

1. Enterprise, coopercooperation has sufficient regulatory conditions at Article 13 of this Decree.

2. Business cars transport passengers must have priority seating for people with disabilities, seniors and pregnant women on the route as follows:

a) Car registration registration for the first time transport business: Done from 1 January 2016;

b) Cars are exploiting: Done from July 1, 2017.

3. The tonnage with a payload is allowed from 10 passengers to the right to date for use as follows:

a) Cally over 300 kilometers of meters: No more than 15 years for automobile manufacturing to carry people; from 1 January 2016 is not used in a motor conversion motor vehicle;

b) The distance from 300 kilometers goes down: No more than 20 years for automobile production to carry people; no more than 17 years for automobile conversion before 1 January 2002 from other vehicles into passenger cars.

4. From July 1, 2016, the business, fixed-line passenger sales business from 300 kilometers of meters and upward must have the minimum amount of vehicles as follows:

a) For the unit based in the Central Cities of the Central: From 20 cars onward;

b) For units based in the remaining localities: From 10 or above; the unit is based in the poor district by Government regulation: From 05 onward.

What? 16. Transport business conditions by bus

1. Enterprise, cooperation has sufficient regulatory conditions at Article 13 and Clause 2 Article 15 This Protocol.

2. The bus must have a capacity from 17 or more passengers. The location, seating number, stands for passengers and other technical regulations for buses by the Ministry of Transport issued by the Ministry of Transport. For a bus passenger operation on a bus, a mandatory traffic must be required via a tonnage bridge to allow traffic participation from 05 tons or more than 50% of the route route is the route IV or the urban road. The 7-foot-down cross-section is used by car trucks with a design payload from 12 to under 17 passengers.

3. The bus must have a prescribed date of use at B Point 3 Article 15 This decree; there is a characteristic paint color registered with the line of charge of the line, except for the case of the Provincial People ' s Provincial Committee having a specific regulation of the paint color of the bus on the site.

4. From July 1, 2016, business, business cooperative shipping business by bus must have a minimum number of vehicles as follows:

a) For the unit based in the Central Cities of the Central: From 20 cars onward;

b) For units based in the remaining localities: From 10 or above; the unit is based in the poor district by Government regulation: From 05 onward.

What? 17. Transport for passenger transport by taxi

1. Enterprise, cooperation has sufficient regulatory conditions at Article 13 (except Section 3 Article 13) This decree.

2. The taxi must have a capacity from 9 seats to the seat (including the driver).

3. Taxi cars use no more than 8 years in the special type municipality; no more than 12 years in other localities.

4. On the car must attach the money clock to be given authority over the measurement measurement and lead clamp.

5. Enterprise, business cooperation business by taxi drivers must register and perform a symbol paint (logo) that does not coincide with the registered logo of the previous taxi business unit and the number of telephone calls for the units of the unit.

6. Enterprise, business cooperation business with taxi drivers must have an operating center, maintain the operations of the operating center with the driver, register the contact frequency, and have communications between the center with the unit vehicles.

7. From 1 January 2016, business, business cooperative, passenger car sales by taxi, must have a minimum number of 10 vehicles; in particular, the special type municipality must have a minimum number of cars of 50 vehicles.

What? 18. Terms of passenger transport business under contract, transport of tourists by car and car.

1. The transport business unit has sufficient regulatory conditions at Article 13 of this Decree.

2. A tourist transport business car has a limited use of no more than 15 years; the motor vehicle converts not to transport tourists.

3. Business cars transport passenger transport under contract term use by regulation at Point a and point b 3 Article 15 This Decree.

4. From 1 January 2017, the company's passenger transport business unit, the passenger transport business unit transporting passengers on the journey with a range of 300 kilometers and up must have the minimum number of vehicles as follows:

a) For the unit based in the central cities of the Central: From 10 vehicles forward;

b) For units based in the remaining localities: From 05 onward, the unit is headquartered in the poor district by government regulation: From 03 onwards.

5. The business unit transport tourists by car in addition to regulatory conditions at this Decree, also adheres to the provisions of the relevant travel law.

What? 19. Transport Business Conditions

1. The cargo business unit must have sufficient regulatory conditions at Article 13 of this Decree.

2. From July 1, 2017, business, business cooperatization of goods operated by company-ten-neuron; the cargo business unit that uses the first car to pull a tug, sister cell, motor vehicle, and freight trucks on the journey from 300 kilometers. The following minimum amount of media is as follows:

a) For the unit based in the central cities of the Central: From 10 vehicles forward;

b) For units based in the remaining localities: From 05 onward; the unit is headquartered in the poor district by the government: From 03 onwards.

Chapter IV

LICENSED THE TRANSPORT BUSINESS BY CAR.

What? 20. Level Transport Business License

1. The passenger transport business unit, the cargo business unit must have a Automobile transport business license (later known collectively as Business License).

2. For those types of transport business that has not been granted a Business License before this Decree is in effect, the granting of the Business License is done on the following route:

a) Prior to July 1, 2015, for the first car to pull the motor, sister ship, business motor transport business (except for a car-freight business car);

b) Prior to 1 January 2016 against the cargo truck carrying a payload weight from 10 tons or more;

c) Prior to July 1, 2016 for the cargo motor vehicle carrying a design payload from 07 tons to less than 10 tons;

d) Prior to January 01, 2017 for the cargo truck carrying the payload was a design payload from 3.5 tons to under 7 tons;

Prior to July 1, 2018, the cargo motor vehicle had a design payload of less than 3.5 tons.

3. Business License content includes:

a) The name and address of the business unit;

b) Business registration certification includes: Number, date, month, year, agency;

c) The legal representative;

d) Business forms;

) The deadline has the validity of the Business License;

e) Business License Level.

4. A business license has a value of 07 years and is granted in the case of lost business license, broken, with a change in relation to the contents of a Business License or a Limited Business License. The resupply case is due to the change in relation to the contents of the Business License, the deadline of the new Business License that does not exceed the deadline of the license that had been granted earlier.

5. The unit granted a Business License must be evaluated periodically on the maintenance of transport business conditions by automobile transport under the provisions of the Ministry of Transport.

6. The agency with the authority to grant business licenses is the Department of Transportation of the Provinces, the Central City of Central.

7. The Ministry of Transport specifically regulates the business license sample.

What? 21. Proposition Profile, Senior Business License

1. The filing of a business license grant includes:

a) The application to grant a Business License under the template provided by the Ministry of Transport;

b) A copy of a certificate (or a major copy to the object) the Business Registration Certificate;

c) A copy of a certificate (or a major copy for the object) text, the certificate of the person directly operating the transport;

d) The transport business method by automobile under the regulation of the Ministry of Transport;

The decision to establish and stipulate the function, the mandate of the management department, track the conditions of traffic safety (for the business, business cooperation of passengers by fixed line, transport of passengers by bus, transport of passengers). I ' m going to be a taxi driver.

e) The registration of the quality of transport services (for the business, business cooperation of passengers by fixed line, passenger transport by bus, passenger transport by taxi).

2. The filing offers to grant a Business License due to a change in the contents of the Business License including:

a) The application of the granting of the Business License in which it specifies the reason for applying for a template by the Ministry of Transport;

b) The business license was granted before;

c) The document proves the change of contents in the Business License stipulated at the Article 3 Article 20 This Protocol (changing the relevant content with the addition of the document).

3. The filing offers to grant a Business License due to the expiration of the License included:

a) The application to grant a Business License by a template provided by the Ministry of Transport;

b) The business license was granted before;

c) The transportation business method by automobile pursuits to the Ministry of Transport.

4. The filing offers to re-issue the license issued by the Lost or Lost Business License including:

a) The application to grant a Business License by a template provided by the Ministry of Transport;

b) The business license is damaged (for the case of a damaged license) or the confirmed text of the Security, the ward where the business unit transport the report loss of a business license.

What? 22. Senior procedure, level of business license

1. Business licensing procedure:

a) The transport business unit filed 1 sets of records that offer a business license to the agency issuing a postal or direct business license to the office of a business license.

Case case needs to be modified, supplematuation, the agency issuing business licenses directly or by writing of additional or modified content to the transport business unit during the 3-day period of work, since the date of the filing;

b) During the 5-day period of work, since the date of receiving sufficient records according to regulation, the business licenses business licenses case, granting Business License simultaneously approving the accompanying business Variation. In the absence of a business license, the license to grant a license must be answered by writing and stating the reason;

c) The reception of the record and the return of the fruit is made at the agency headquarters or via the post office.

2. The procedure to grant a Business License on the case of a corrupted license, there is a change in relation to the contents of the Business License or the expired Business License as the first level.

3. The procedure to grant a Business License on the case of the lost license:

a) The transport business unit filed for 1 sets of records that offer a Business License to the agency issuing a business license under the post office or file directly at the headquarters of the Business License.

Case case needs to be modified, supplematuation, the agency issuing business licenses directly or by writing of additional or modified content to the transport business unit during the 3-day period of work, since the date of the filing;

b) For a 30-day period of work, since the date of receiving sufficient records by regulation, the agency grants business licenses, verify, grant the Business License. In the absence of a business license, the license to grant a license must be answered by writing and stating the reason;

c) The reception of the record and the return of the fruit is made at the agency headquarters or via the post office.

What? 23. Revenue of Business License

1. The transport business unit revoked the business license was not limited to violation of one of the following cases:

a) intentionally provide false information in the filing of a Business License grant;

b) No shipping business for a period of 6 months, since the date of being granted a Business License or stopping the transport business for a period of 6 consecutive months;

c) The transport type business is not true according to Business License;

d) has been revoked of a business license with a deadline but when the expiration of the license recovery deadline still does not rectify the violations is the cause of recovery;

Every 01 years there are a period of 2 years the recall of a Business License that has a deadline or during the use of a Business License having 3 times the recall of a business license with a deadline;

e) Bankse, dissolution;

g) During the 01-year period there are more than 50% of the number of vehicles operating by the driver in violation of the law causing severe traffic accidents;

h) During the 03-year period there was a significant return to business, the conditions of automobile transportation and the accident of a particularly severe traffic accident.

2. The transport business unit is revoked of Business License from 01 to 3 months when violating one of the following content:

a) During the ongoing 3-month operating period there are more than 20% of the number of badgable vehicles, the shipping business vehicle sign;

b) There are more than 20% of the number of motor cars that have been handled by the authorities for handling overloads of regulation or above 20% of the number of motor vehicles that are processed by the authorities for the protection of the vehicle's technical conditions;

c) There are more than 10% of the unit 's transport business drivers being treated by the authorities to strip the driver' s license with a deadline;

d) There are more than 10% of the number of active vehicles in which the driver of the car violates the serious traffic accident;

In terms of business, motor vehicle transportation and traffic accidents are particularly severe.

3. The Business License Level Authority is revoked the business license provided by the agency and executed following the following sequence:

a) The decision to revoking the business license;

b) The Vietnam Road General Report, the Provincial People ' s Commission and the announcement of the decision to revoking the Business License to relevant agencies to co-ordinate the implementation;

c) When the business license issue issued a decision to revoking the license, the business unit must submit the Business License and badge, the sign for the license-granting body to simultaneously halt all of the operating business operations under the license. was revoked shortly after the decision was in effect.

Chapter V.

ORGANIZATIONAL RESPONSIBILITY

What? 24. Transport Ministry

1. Unity of Transportation Business Operations in this Decree.

2. Regulations on the responsibility and disposal of violations in the organization, management of the operations of transportation business by automobile and road transport support services.

3. Specific regulation on the management and licensing of passenger vehicles transport passengers, transport of internal passengers; roadmap and object-to-transport business unit not directly to the business license level.

4. Organization, approval and disclosure of a network of fixed passenger transport network planning; the system of stops on the highway.

5. The organization imples the application of information technology in the management business that operates the transport business by car.

6. Inspector, check and process violations in the implementation of business regulations and business conditions by automobile according to the regulation of this decree and other provisions of the relevant law.

What? 25. Ministry of Public Security

Check and process violations in the implementation of business regulations and transportation business conditions by automobile according to the provisions of this Decree and other provisions of the relevant law.

What? 26. Ministry of Culture, Sports and Tourism

Co-ordination with the Ministry of Transport provided the transport of tourists by car and grade, in exchange, to recover the sign for the tourist transport car.

What? 27. Ministry of Science and Technology

1. Coordinate with the Department of Transport Regulation on the technical feature for the vehicle ' s journey monitoring device.

2. The organization makes the control of the money clock on the taxi.

What? 28. Ministry of Information and Communication

The presiding officer, in collaboration with the Department of Transport, manages the use of radio frequency, information infrastructure and data services for the vehicle's monitoring equipment and information equipment, other communications used in the management business. It ' s an automobile transport business.

What? 29. Ministry of Health

1. Board of Standards Regulations, periodic health examinations and the regulation of health care facilities of the driver of the motor vehicle business vehicle.

2. Host, in collaboration with the Department of Transport implementing the laws of the law of the disease, treating the worker in the motor vehicle business units.

What? 30. Ministry of Labor-Trade and Social

1. Host, in coordination with the Ministry of Transport implementing regulations on labor contracts, social insurance, health insurance and other workers of the workers in motor vehicle operation.

2. Coordinate with the Department of Transport to implement legislation on the regime, policy towards persons with disabilities, seniors, and policy objects when using automobile transport services.

What? 31. National transportation Safety Board

1. Check out the ministries, industry, and local law enforcement of the provisions of the law of order assurance, safety of traffic in the motor transport business provided at this decree.

2. Build a propaganda plan, disseminate, guide the implementation of the regulations on order guarantee, traffic safety in the motor transport business provided at this Decree to the Ministry, industry and local organization to implement implementation.

What? 32. Provincial People's Committee

1. The direction of local authorities to direct the management of the operation is by automobile according to the provisions of this decree and the other provisions of the relevant law.

2. Specific instruction, using a level of business license and fees, other charges related to road transport and road transport support services under the guidance of the Ministry of Finance.

3. Inspector, check out the implementation of business regulations and transport business conditions by automobile according to the regulation of this decree and other laws relating to the local table.

What? 33. Vietnam Auto Transport Association

1. Coordinate with the Department of Transport to build regulations on the training program for the transport operator, driver, and staff serving on the vehicle.

2. Participate in the training exercise for the transport operator, driver, and staff serving on the vehicle.

What? 34. The audit regime performs the business conditions of the transport business unit.

1. The transport business unit is subject to examination of the business regulations and transportation business conditions of the competent authority.

2. The test form:

a) periodic examination;

b) A sudden examination of a traffic accident is particularly severe, with a complaint, denouncing, or when information is available, the sign of not fully implementing the business regulations and the transportation business conditions.

3. Minister of Transport, Chairman of the Provincial People ' s Committee is responsible for directing the organization of organizational functions examining the compliance of the business conditions of the transport business unit.

Chapter VI

EXECUTION CLAUSE

What? 35.

This decree has the enforcement effect since December 1, 2014 and replaces the Protocol No. 1. 91 /2009/NĐ-CP October 21, 2009 by the Government on Business and Transport Business conditions by car and International Protocol No. 1. 93 /2012/NĐ-CP November 8, 2012 amendment, adding a number of quantitative provisions. 91 /2009/NĐ-CP October 21, 2009 the Government of the Government of Business and Automobile Transport Business.

What? 36.

Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, Central City, businesses, individuals involved in the implementation of this decree.


TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung