Decree 93/2012/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree 93/2009/nd-Cp On October 21, 2009 By The Government About Business And Business Conditions Of Transport By Cars

Original Language Title: Nghị định 93/2012/NĐ-CP: Sửa đổi, bổ sung một số điều Nghị định số 91/2009/NĐ-CP ngày 21 tháng 10 năm 2009 của Chính phủ về kinh doanh và điều kiện kinh doanh vận tải bằng xe ô tô

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DECREE amending and supplementing a number of articles of Decree 93/2009/ND-CP on October 21, 2009 by the Government about business and business conditions of transport by cars _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on road traffic, November 13, 2008;
Pursuant to the law on cooperatives of 26 November 2003;
Commercial Law base on June 14, 2005;
Pursuant to the law on tourism, June 14, 2005;
Pursuant to the law of business on November 29, 2005;
According to the recommendation of the Minister of transport, the Government issued decree amending and supplementing a number of articles of Decree 93/2009/ND-CP on October 21, 2009 by the Government about business and business conditions of transport by cars.
1. Amendments and supplements to some articles of Decree 93/2009/ND-CP on October 21, 2009 by the Government about business and business conditions of transport by cars such as the following: 1. To modify the point c paragraph 3 article 4 as follows: "c) approved the opening of the route, tap on the line, the addition or inactivation of the media."
2. Modify the point d article 4 paragraph 4 as follows: "d) the Governing Body decided: online business, Increase cooperative work on online when there number system (derived in two early Ben) on average reached above 50%; increase the frequency of running cars on the line of business, cooperatives are active when the coefficients are (comes at the top two Ben) on average of cooperative enterprises reached over 50%. "
3. Modify the point b paragraph 4 Article 11 as follows: "b) business unit layout full driver and staff on appropriate business approach and the rule of law; for cars of passenger transport business from the 30 (thirty) seat to have staff on the car (except for the airport shuttle professional contract workers to work in the industrial zone, shuttle students and school students). "
4. Modify the point b item 2 article 12 as follows: "b) information from the monitoring device of the vehicle is used as a material in the active management of the transport unit; the transport business unit, driving is responsible for providing transportation management authority the information specified in point a of Paragraph 2 of this Article with respect to all the works in time are issued badges, signage and provide patrol force to control traffic when required. "
5. Modify Article 15 paragraph 4 as follows: "4. On vehicles with mounted charge meter according to the kilometres rolled and waiting time, which is the competent authority on the inspection of measurement and clamp the lead; cooperative enterprise must sign decorating paint colors on the consistency characteristic color of the media (not identical to decorate paint colors of cooperative business before), logos (the logo) and number of transactions on the media of the cooperative enterprise. For the central cities have regulations paint color for the taxi business, cooperatives must make paint color according to the regulations of the city. "
6. Amend item 2 article 16 as follows: "2. The car contract date expiry date as specified in clause 2 article 13 of this Decree."
7. Amend paragraph 4 to article 18 as follows: "4. The media business of passenger transportation according to fixed route passenger transportation, under contract, transportation of passengers by taxi, transport of goods by the antenna-the bow tie must be mounted badges. Means of transport business travelers must be mounted signage. "
8. Modify Article 19 as follows: "article 19. Records suggest licensing 1. For enterprises, cooperatives: a) licensing proposal Paper (or paper recommended changing the license content) according to the model by the Ministry of transport issued;
b) certified copies of business registration certificate;
c) certified copies of diplomas, certificates of the transport operator directly;
d) business plan;
DD) for business, business cooperative passenger transportation by fixed-route taxi, bus, in addition to the provisions in points a, b, c, paragraph 1 article 19 also must get more: text functions, the task of tracking parts traffic safety; a sign of the quality of service of transport (units made of quality management systems according to ISO standards sent a copy of certificates);
For business, business cooperative transportation by container-ten-have to have more text functions, the task of tracking parts traffic safety.
2. for business: a household) license proposal Paper (or paper recommended changing the license content) according to the model by the Ministry of transport issued;
b) certified copies of business registration certificate. "
9. Amend article 20 paragraph 1 as follows: "1. Receiving a record) record licensing proposal (1) was submitted to the licensing authority by or on behalf of business units filed direct, licensing bodies receiving records and send a receipt for the submission;
b) profile case got under way the missing or incorrect postal regulations, licensing agencies to clearly notice missing content should supplement, amend within 3 (three) working days from the date of receipt; the case resumes received directly, the receiving officer must record check and notify the person who submitted the content should supplement, revise. "
10. Amendments, supplements article 21 as follows: "article 21. Recall, deprived of the right to use the license 1. Business unit license revoked upon violation of one of the following cases: a) When caught the intentionally misleading information in the application for license;
b) does not transport business within a period of 6 (six) months from the date of license or stop transport business in time of 6 (six) consecutive months;
c) improper business content recorded in the license;
d) bankruptcy, dissolution.
2. Business Unit was stripped of the right to use the license when violated business conditions cause serious impact to quality of service and transportation safety. Specifically in violation of the following content (as in the time of validity of badges, signage is granted): the transport business unit has 5% of the number of weekly car service driver who violates your itinerary or 20% of the number of weekly car service driver who violated the rules of speed or 20% of the number of weekly car service drivers car welcomed offense, charged? rules or 10% of the number of weekly car service driver violated the rules on the time controls the media.
3. licensing bodies are recovered, stripped of the right to use his authority granted by the license, and follow the sequence: a) issued the decision revoked or deprived of the right to use the license;
b) announced the decision to withdraw or deprived of the right to use the transport business license to the governing body;
c) When online administration issued the decision revoked or deprived of the right to use the license, the license has been granted by the transport business unit will not be valid, the business unit to return the licence to the Agency has license. "
11. additional paragraph 3 article 27 the following: "3. The master plan developed by transportation taxis; specified number of cabs ensure consistent with traffic conditions. Directly governed cities are allowed to paint color regulated taxi of cooperative enterprises in the city. "
12. Amend Paragraph 2 to article 29 as follows: "2. The bus operate before the date this Decree is in effect but not consistent with the provisions in paragraph 2 article 14 Decree No. 91/2009/ND-CP on October 21, 2009 by the Government about business and business conditions of transport by cars , was allowed to operate until the annual expiry date runs out as prescribed. "2. The effect and enforcement responsibilities 1. The Decree has effect from the date of December 25, 2012.
2. The Department of transportation is responsible for coordination with the ministries concerned guiding the implementation of this Decree.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.