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Decides To 723/1999/qđ-Bgtvt Dated: Issued Statute Of The Governing Operation Of The Car Passenger Transportation Under Contract Methods

Original Language Title: Quyết định 729/1999/QĐ-BGTVT: Ban hành Quy chế về tổ chức quản lý hoạt động của xe ôtô vận tải hành khách theo phương thức hợp đồng

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The DECISION to enact statutes about governing operation of the car passenger transportation under contract _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of TRANSPORT pursuant to Decree 22/CP dated 22/3/1994 of the Government of the tasks, powers, responsibilities and governance structure of the Organization of the Ministry of transportation;
To strengthen the management of the State for the field of passengers by road, create equal business environment for the economic component;
According to the proposal of the Director General and the Director of the Vietnam road legislation-transportation, decision: article 1.-Now attached to this decision "policy governing the operation of passenger cars under the contract".
Article 2.-the decision to this effect after 15 days from the date of signing. Repeal of previous rules contrary to this decision.
Article 3.-Director of Department of roads in Vietnam have the responsibility to guide and coordinate with the Department of TRANSPORT (GTCC) Organization, and examined the implementation of this decision.
 
 
Article 4.-the Chief of the Department, the Director of the legislation-transportation, Director of Department of roads in Vietnam, the Director of the Department of transport (public transport) and the heads of agencies, relevant units responsible for the implementation of this decision.
Statute of the governing operation of the car passenger transportation under contract _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (attached to decision No. 729/1999/QĐ-BGTVT on 24/03/1999 of the Minister of transport) Chapter 1 GENERAL PROVISIONS article 1.-the provisions of this regulation the basic principle of governing the operation of the cars the passenger transport business plus according to the method of subscription contract package.
Article 2.-the application object and scope-these rules are applicable to all organizations and individuals in all economic sectors-including organizations, individuals with venture capital or business cooperation with foreign-, activity on the territory of the Socialist Republic of Vietnam , is the State Agency has the authority to allow public transport business (collectively referred to as the transport unit) in the country and abroad (to make road transport agreement is concluded between the nam with the water).
-Cars are not allowed to VTHK business no public passenger service under contract package.
-Taxi operating under contract methods follow the temporary provisions of the governing VTHKCC by taxi attached decision 2472 QD/TRANSPORT on 20/9/1997 of the Minister of transport.
-A car transporting tourists under a contract made under the regulation on the management of transport of travellers by road, waterway attached to decision No. 2418/QD-LB on 4/12/1993 of the Ministry of transport and tourism.
Article 3.-In this regulation, the terms below are interpreted as follows:-car passenger transportation under contract (hereinafter referred to as the airport contract) is the car from 4 seats (including the driver's seat) passenger transportation business under contract package in the transport unit.
-Passenger transport contract under contract: modality is the voluntary agreement between the transport unit with the car rental contract or for the purpose of consistency, the way the implementation of the rights and obligations of the parties to the contract as an agreement on the venue, time to welcome paying guests , about the journey, the time limit for payment, transport charges, about the charges for waiting time and other requirements.
-Passenger ride is contract users vehicles contract to go back.
-The contract is a car rental person on behalf of yourself or another person mandated signed package cars to cater for walking.
-Transport unit: is the organization or individual car rental contract was the State Agency has the authority to license public passenger transport.
Chapter 2 Organization and MANAGEMENT of vehicle ACCORDING to the METHOD of the CONTRACT article 4.-conditions to be VTHK according to the method of subscription contract 4.1 package-for transport units: the units of transport are the transport enterprises are established legally as defined by the law: State Enterprise , Cooperative companies (including the terms of COOPERATIVE model of COOPERATIVE template TRANSPORT attached to the Decree 45/CP 29/4/1997), private enterprise and foreign investment law in Vietnam or the individual business groups, have lower capital means capital operating under Decree 66/dated 2/3/1992 of the Council of Ministers (the Government) are are passenger transport under the contract.
4.2-for vehicle contract: Contract Vehicles must have a license for passenger transportation (domestic transport) or international transport license (domestic transport) by State administration authority on transportation levels.
Contract vehicles must meet the requirements of technical safety standards and protect the environment by Ministry of TRANSPORT regulations. Contract vehicles are always in good technical condition and safety inspection certification, technical safety and environmental protection for longer time.
When making the contract, the contract must have the sea "vehicle running" installed in the inside of the windshield to the right of the driver.
The uniform regulations in the country of the sea "vehicle running" in the background of white jerseys with red font color, the font text style Vn TimeH of computers, the font size from 130 to 160 (have made bold) custom car types have different capacity.
4.3-for driving: driving must have a valid driver's license matching the type of cars are controlled. Driver must always carry a passenger transport contracts (or charge the advance votes) and other relevant documents to produce upon request of the authorities.
4.4-for passengers, who rent a car: passengers can ride as a collective in the Agency, unit or can is personal contract hire needs to go back.
Passengers, who rented a car to both subscription (a weekly or both legs, back) in a contract of transport.
Article 5.-signing and implementation contract passenger transportation by cars was signed between transport units and the car rental or contract must ride passengers is the written contract form required by the Ministry of transport (form attached).
Article 6.-tariff-tariff of passenger transport contract is pricing agreement between transport units and car rental person or representative of the passenger car, which was calculated on the basis of single tariff VTHK the content (if the content VTHK contract vehicles) or single VTHK rates contact the Department (if the car is VTHK contract the Union) plus the fee request , ferries, roads (if available).
-Car contract does not apply the form of ticket sales. The end of the contract, the passenger car was paid for his trip by invoices issued by Ministry of finance.
Article 7.-Pickup and drop-off of the vehicle of contract-The contract customers pay the car's pickup was made at the pick-up location charged agreement was made in the agreement or indicated on receipts or charges made at the location by the PPC, and cities under central rule.
-Prohibiting contract vehicle to welcome more guests in addition to the above contracts along the way (including around the bus station area) when performing the contract.
Article 8.-operating range of contract vehicles

-The entrepreneur's contract Vehicles for transport was established under the State enterprise law, law firm, law on COOPERATIVES (including model terms of TRANSPORT COOPERATIVES form OPERATIVES attached to the Decree 45/CP 29/4/1997 of Government), the law on private enterprises and foreign investment law in Vietnam are operating within the area or in the whole country by the Agency the authority allows.
-Personal contract Car operates under Decree 66/HĐBT of the Council of Ministers (Government) follow Circular 19 TT/PC-VT on 20/01/1995 of the Ministry of transport.
-Operating range of contract vehicles abroad follow circular of the Ministry of transport of guiding the implementation of the Protocol made road transport agreements between Vietnam and countries concerned.
-Contract Vehicles are only allowed to contract the passenger has a contract. Contract vehicle is prohibited from running under the subscription form does not follow specific itineraries.
Article 9.-car license running 9.1 contracts-conditions of license:-car contract must run by the unit of transport management, state management agencies have the authority to allow public passenger transport.
-Qualified and performed as required in article 7, article 8.
9.2-the license application, the validity period of the license, the license is made under the regulation attached to the decision/QD-1748 TRANSPORT on 12/7/1997, regulations attached to decision 2077/1998/QĐ-BGTVT dated 18/8/1998 of the Minister of TRANSPORT (there are plugins to modify decision 3333/1998/QĐ-BGTVT dated 10/12/1998).
If the car is the joint venture must be accompanied by joint venture contract (notarized copy or copy with original for collation).
The licensing of international transport for airport operating contract to a foreign made under separate circular of the Ministry of transportation.
Vehicle licensing application passenger transportation under contract as the form enclosed.
Chapter 3 TEST and HANDLE BREACH article 10.-check The competent State agencies about checking, control was conducted to check the handle according to the regulations of the law for vehicle contract.
Article 11.-any breach of statute of contract vehicles are dealt with under the provisions of the law.
Airport contract in violation of this regulation, in addition to the sanctioned administrative offense under the provisions of the law, depending on the level of violation, also be established thereon in place and be sent to the licensing agency to suspend transport licenses within a period of 6 months, 1 year, the case of re-offense In addition, the sanctioned administrative violations and set the minutes also revoked the licenses and suspended transport licenses within a period of 2 years.
Article 12.-jurisdiction and the sanctions administrative violations are made according to the provisions of the Ordinance on handling administrative violations, Decree No. 80/CP on 5/12/1996 of the Government regulated "Organization and activities of the specialized inspection of transportation"; Decree No. 47/CP on 26/7/1996 of the Government regulation of administrative punishment of violations of order road traffic safety and traffic safety order (there are additional modifications according to decree 78/1998/ND-CP on 26/9/1998) and the other relevant regulations.
Chapter 4 IMPLEMENTATION article 13.-Director of Department of Vietnam have the responsibility to guide and coordinate with the Department of TRANSPORT (GTCC) Organization, and examined the implementation of this regulation.
Article 14.-During the implementation process if problems arise or the need to supplement, modify the terms of this regulation, the Department of TRANSPORT (GTCC) report of the Bureau of roads in Vietnam to Ministry of transport report synthesis research to resolve.