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Decree No. 91/2009/nd-Cp: On Business And Business Conditions Of Transport By Cars

Original Language Title: Nghị định 91/2009/NĐ-CP: Về kinh doanh và điều kiện kinh doanh vận tải bằng xe ô tô

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Pursuant to the law on organization of the Government 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;

Considering the recommendation of the Minister of transport, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this regulation on business, business conditions and the licensing of transport business by cars.

Article 2. The object of this Decree apply apply to the organisation, business or personal business related transportation by cars on the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. Business Unit is the enterprise, cooperatives, business households participated in the business of transportation by cars.

2. Transport business by cars is the use of passenger cars, freight charge.

Chapter II TRANSPORT BUSINESS with 4 cars. Business of passenger transportation by cars according to fixed route 1. The passenger transport business by fixed routes have identified Ben go Ben, to and the reverse with the schedule, itineraries tailored by enterprises, cooperatives register and be approved online administration.

2. Online fixed passenger transport by cars include: Intercity routes and inland provinces. Intercity routes located from 300 kilometers or more must start and end at the bus station type 4 (four) back up.

3. Content Management online a) track, general traffic and travel needs of passengers on the route; the situation of operation of enterprises, cooperative on online;

b) building plans online, published online;

c) approved open online, decommissioned route, tapping on the supplement or discontinue the operation of the media.

4. Route a) enterprises, registered cooperatives exploited the already announced;

b) enterprise, cooperatives are registered to open new routes. Try tapping time is 6 (six) months, end the exploitation time try business, cooperative management agencies report to publish online;

c) only those cooperative enterprises have joined the new test mining continue to exploit during 12 (twelve) months since published online;

d) online administration decision: increase business activity on the line when the coefficients are (comes in) on average reached above 50%; increase the number of media enterprises are active when there are coefficients (comes in) on average of the enterprise reaches over 50%.

5. Ministry of transport rules on the publication, governing fixed passenger transport routes according to located and operating range.

Article 5. Business of passenger transportation by bus 1. The passenger transport business by fixed bus stops have, pickup and drop-off run under operating chart within the inner city, the range, or in the range between 2 adjacent province; case the starting point or the last point of the adjacent bus routes in the municipality does not exceed 11 provinces and cities. Situated bus routes not exceeding 60 (sixty) kilometers.

a) operating chart: maximum frequency is 30 minutes, weekly for the routes in the inner city, urban; 45 minutes/weekly for other routes;

b) maximum distance between 2 stops to welcome, the adjacent city of customers paid in, is 700 m, in addition to the inner city, is 3,000 m;

2. the people's committees of provinces and cities under central (hereinafter the provincial people's Committee) issued the online network planning, construction and management of infrastructure serving the bus operations, announced online, the ticket price, the preferential policy of the State to encourage the development of passenger transport by bus.

Article 6. Business of passenger transportation by taxi 1. The passenger transport business by taxi the journey and the schedule according to your requirements; brushes HO in charge based on the kilometers rolled the car, waiting time.

2. Have the light box with the word "TAXI" mounted on the roof of the vehicle; light box must be turned on when the vehicle does not have guests on and off when the car is there.

3. provincial people's Committee to organize and manage a public taxi parking points.

Article 7. The passenger transport business under contract 1. The passenger transport business under contract is the passenger transport business route and the time at the request of passengers, the transport contract in writing.

2. Airport operation must have transport contracts specify the number of passengers; the case of passenger transport vehicles with located from 100 kilometers or more must be accompanied by a list of passengers; Don't be picking more out the list according to the contract; not be sold tickets for passengers to ride.

Article 8. Transfer business travel by cars 1. Business travel is passenger transport business, program and customers follow the tourist locations.

2. When transporting tourists, driving to bring the contract of carriage or tourist travel contract (original or a copy certified by the travel business unit), tourist programs and a list of passengers, not to welcome more guests in addition to the list, not ticket sales for passenger cars.

Article 9. Freight business by cars 1. Cargo business typically (except taxi) when the cargo on the road, the driver must carry a contract for transport or shipping paper.

2. freight business by taxi loading a) freight business by taxi download is the use of automobiles has under 1,500 kg to transport goods; brushes HO in charge based on kilometers of wheelchairs;

b) outer surface either side of the car or truck door painted the word "TAXI", contact phone number, the name of the business unit.

3. freight business Super, super important.

a) shipping business, weight is the use of cars suitable for shipping business types, weight;

b) When transported, the driver must carry the licence using the road;

c) business unit should bear the cost of reinforcing road (if available) at the request of the road administration.

4. dangerous goods shipping business to obey the Decree of government regulations dangerous goods list, shipping dangerous goods and authorized to transport dangerous goods.

Article 10. Limitation of the liability of the freight business in the restitution of goods damaged, loss, shortage of 1. The compensation of cargo damage, loss, deficiency is done according to the contract of transport or by agreement between the transport business and the hiring of transport.

2. where there is no agreement in the contract to transport the goods damaged, compensation of loss, lack of fault of the freight business, the compensation does not exceed 20,000 (twenty thousand) and Vietnam for a kilos grams lost goods for goods not packed in sacks , condition or not in excess of 7,000,000 (seven million) Bronze Vietnam for a sack, the event lost goods for goods packed in sacks, sue.

Chapter III BUSINESS CONDITIONS FOR TRANSPORT by cars article 11. General conditions of business of transportation by cars business unit must have the following conditions: 1. the business register transportation by cars as defined by the law.

2. Ensure the quantity, quality and use of the term youth medium fit business form: a) have business, which guarantee the duration of the ride, journey time of maintenance, repair and maintain the technical condition of the vehicle;

b) a sufficient number of vehicles owned by the business unit or the legitimate use of business units with regard to the Organization's financial lease car leasing car lease, of the Organization, personal property rental function under the provisions of the law.

The case of the registered vehicles owned by cooperative members Township must have economic commitment between communes and cooperatives, in which the provisions on the rights, responsibilities and obligations of management, use, administration of the cooperative for the cars owned by members of the cooperative.

The number of vehicles to be consistent with the business plan.

c) Longer term seniors to use as prescribed;

d) accredited technical safety, protection of the environment according to the regulations.

3. The media are attached itinerary monitoring equipment as defined in article 12 of this Decree.

4. Driver and staff on the car: a) driver and staff on the car must have a written employment contract with business units; driving is not that people are in time were forbidden to practice in accordance with the law; taxi driver, bus driver, staff on the car must be in training, guidance on transport services, traffic safety as stipulated by the Ministry of transportation.

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.

5. People directly operating the business activities of transport enterprises, co-operatives (accept one of the titles: the Director, the Deputy Executive Director; The Chairman, the Vice Chairman of the cooperative; Chief Executive transport service) must meet the conditions: a) specialized transport level from intermediate or tertiary level academic;

b) join the transport management at the corporate, business cooperative transport by cars from 3 (three) years;

c) guarantee and are proved to have enough time needed to directly transport operations.

6. Parking: a) business unit of transport arranged enough parking area according to the business plan;

b) parking area of the unit may be in the ownership of the unit or lease parking places;


c) secured parking Place the order requirements, safety, fire prevention, and environmental hygiene.

7. cooperative enterprises in business passengers according to fixed routes, bus, taxis must have more of the following conditions: a) Has the Administration conditions of traffic safety;

b) register the quality of passenger transportation services with online administration, including: the quality of the media; professional qualifications of staff; the transport organization plan; the rights of passengers; passenger services on the journey; our commitment to quality service.

Article 12. Monitoring device of the vehicle 1. Business unit passenger transportation by cars according to fixed routes, the bus passenger transportation business, according to the contract, shipping business travelers, freight business by the-ten-the bow tie is installed and maintained in good technical condition of the equipment monitoring the car's journey.

2. the surveillance devices of the car must ensure a minimum of the following requirements: a) retention of the information: cruise, operating speed, number and time stops, close or open the car doors, driving time;

b) information from the monitoring device of the vehicle is used as a material in the active management of the transport unit and give State regulators have authority when required.

3. monitoring devices mounted roadmap: a) To January 1st, 2011, cars transport business passengers according to fixed routes located 500 kilometers from the back-up car transport business, tourists, business cars transport goods by the antenna-the bow tie to attach monitoring device;

b) To August 2012, cars transport business on fixed routes located from 300 kilometers or more, bus, passenger car business the contract must attach monitoring device;

c) Until July 1, 2012, the cars as defined in paragraph 1 of this article to add surveillance equipment.

Article 13. Business conditions passenger transport according to fixed route 1. Had enough of the conditions stipulated in article 11 of this Decree.

2. Cars can accommodate from 10 (ten) or more seats (including the driver) and date expiry date not exceeding the following regulations: a) located on the 300 kilometers: no more than 15 (fifteen) years for production cars for passenger; not exceeding 12 (twelve) years for automotive switch functions before 1 January 2002 from other vehicles into passenger cars;

b) located from 300 kilometers back down: no more than 20 (twenty) years for production cars for passenger; no more than 17 (seventeen) years for automotive switch functions before 1 January 2002 from other vehicles into passenger cars.

Article 14. Business conditions for transport of passengers by bus 1. Had enough of the conditions stipulated in article 11 of this Decree.

2. The bus must have a capacity from 17 (seventeen) seat, car floor area for guests stand and is designed according to the standard rules by Ministry of transport regulations.

3. annual limit vehicle use as defined in point b of paragraph 2 article 13 of this Decree; There are oxidized paint features are registered with the authorities.

Article 15. Business conditions passenger transportation by taxi 1. Had enough of the conditions stipulated in article 11 of this Decree.

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

3. annual limit vehicles use no more than 12 (twelve) years.

4. On vehicles with mounted charge meter according to the kilometers rolled and waiting time, which is the competent authority on the inspection of measurement and clamp the lead; have registered a unified paint colors, the logo (logo) of the enterprises or cooperatives, the phone number of the transaction.

5. cooperative enterprise should have an operating Centre, registration contact frequency and have communications equipment in the Center with the airport.

Article 16. Business conditions for transport of passengers by Airport contract and car travel 1. Had enough of the conditions stipulated in article 11 of this Decree.

2. Airport contract date expiry date as specified in point b of paragraph 2 article 13 of this Decree.

3. Travel date expiry date not more than 10 (ten) years.

4. business transporting tourists in addition to the provisions of this decree must also comply with the provisions of the relevant laws on travel.

Article 17. Business conditions of transport of goods by The bow tie-ten-Only enterprises, cooperatives are eligible as defined in article 11 of this Decree, the new cargo business by the antenna-the bow tie.

Chapter IV LICENSING TRANSPORT BUSINESS by Article 18 cars. The object of the level and content of the business license of transportation by automobile (license) 1. Licensing objects: the business unit transport passenger and cargo business by the antenna-the bow tie.

2. content license are: a) the name and address of business units;

b) business registration certificate (number, date, month, year, body level);

c) the legal representative;

d) business forms;

DD) the duration of the licence;

e) granted.

3. license has the value 7 (seven) years.

4. Means of transport business passengers according to fixed route passenger transportation, under contract, transportation of passengers by taxis must be attached to badges. Means of transport business travelers must be mounted signage.

5. The Ministry of transport of specific regulations about the management, the Agency has the authority to license, the license templates, forms and deadlines worth of badges, signage.

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) a copy of valid business registration certificate;

c) valid copy certificates of land use right or land rent contract parking parking;

d) valid copy of diploma, certificate of the transport operator directly;

DD) business plan;

e) list the car accompanied by a copy of vehicle registration certificate (attached a copy of valid contracts of financial leasing; lease the property; the economic commitment for the cases specified in point b of paragraph 2 article 11 of this Decree), the technical safety and environmental protection;

g) for business, business cooperative passenger transportation by fixed-route taxi, bus, in addition to the provisions in points a, b, c, d paragraph 1 article 19 also must get more: text functions, the task of tracking parts traffic safety; Registry records the service quality of transport (units have implemented quality management system according to ISO standards sent a copy of certificates); contract and a mounted test equipment for monitoring the car's journey (except for taxis).

For business, business cooperative transportation of passengers by taxis must have additional equipment installation profile contact information between the Center and the car was registered to use radio frequency with the competent authorities.

For business, business cooperative transportation by container-ten-have to have more text functions, the task of tracking parts traffic safety, contract and a testing the installation of surveillance devices of the vehicle.

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) a copy of valid business registration certificate;

c) valid copy certificates of land use right or land rent contract parking parking;

d) list the car accompanied by a copy of vehicle registration certificate (attached copy valid lease properties specified in point b of paragraph 2 article 11 of this Decree), the technical safety and environmental protection;

DD) A testing the installation of surveillance devices of the vehicle.

Article 20. Reception, evaluation and licensing records 1. Receiving a record) record licensing proposal 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) case records received by mail is missing or is not valid, the license notice missing content clearly need additional, modified within a period of 5 (five) working days from the date of receipt; the case resumes received directly, the receiving officer must record check and a clear message to the person who submitted the content should supplement, modify.

2. Within a period of 15 (fifteen) working days from the date of receipt of a valid application, the Agency licensed appraisal of records and licensing. The case is not licensed must reply in writing and stating the reason.

3. where there is a change in business conditions related to content in your business unit, license must apply for the changes to be reissued a license.

Article 21. Revocation of license 1. Business unit license revoked upon violation of one of the following cases: a) violated business conditions cause serious impact to quality of service and safety of transport;

b) When found to have intentionally falsified information in the application for license;

c) 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;

d) improper business content recorded in the license;

DD) bankruptcy, dissolution.

2. The Agency license be revoked the license of his agency. When a decision to revoke the permit will not be valid, the business unit to return the licence to the Agency has licensed.

Chapter V STATE MANAGEMENT RESPONSIBILITY Article 22. The Ministry of transportation 1. Unify management of business activities for transport by cars specified in this Decree.

2. The promulgation of regulations on technical and organizational features make the device inspection supervision of the vehicle.

3. Steer, guide and implement the provisions of this Decree.

4. Inspection, checking the implementation of the regulations on business and business conditions of transport by cars under the provisions of this Decree and other legal provisions involved.

Article 23. The Ministry of finance


Hosted, in cooperation with the Ministry of transportation to guide the implementation cost, charges and fees related to road transport activities and services in support of road transport.

Article 24. The Ministry of culture, sports and tourism, in collaboration with the Ministry of transport guide and manage the operations of transport tourists by cars under the provisions of this Decree and other related regulations.

Article 25. The Ministry of science and technology 1. In collaboration with the Department of transportation regulations on technical features for monitoring devices of the vehicle.

2. The organization conducted the audit the clock computer money on taxis.

Article 26. The Ministry of information and communications, in collaboration with the Ministry of transport guide and manage the use of radio frequencies and wave monitoring devices of the vehicle.

Article 27. Provincial people Committee 1. Directed the local authorities implement the management operations of transport by cars under the provisions of this Decree and other legal provisions involved.

2. Specify, currency, licensing fees for the use of transport business by cars and other fees, charges related to road transport activities and services in support of road transport under the guidance of the Ministry of finance.

Chapter VI IMPLEMENTATION and ENFORCEMENT of the TERMS of Article 28. Check make business conditions of business unit 1. The transport business unit subject to the inspection of the observance of regulations on business and business conditions of transport by cars of the competent authority;

2. check form: a) periodic inspections every year;

b) sudden inspection when there are complaints, denunciations or signs of not fully implementing the provisions on business and business conditions.

3. Minister of transportation, Chairman of the provincial people's Committee has the responsibility for directing the relevant authorities inspect compliance with the business conditions of the business unit.

Article 29. Effect 1. The Decree has effect as from 15 December 2009 and replacing Decree No. 110/2006/ND-CP dated 28 September 2006 from the Government about business conditions for transport by cars.

2. The bus operate before the date this Decree is in effect but not consistent with the provisions in article 14 paragraph 3 of this Decree shall be allowed to operate until the annual expiry date runs out as specified.

3. for the business units specified in clause 1 Article 18 decrees are transport business by cars before the decree to this effect to complete the procedures for licensing is complete before 1 July 2010.

Article 30. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, businesses, individuals responsible for the implementation of this Decree.