Decree No. 158/2024/ND-CP dated December 18, 2024 on Road Transport

THE GOVERNMENT OF VIETNAM -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No. 158/2024/ND-CP	Hanoi, December 18, 2024

DECREE

ROAD TRANSPORT

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Road dated June 27, 2024;

Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;

Pursuant to the Law on Investment dated June 17, 2020;

For implementation of the ASEAN Framework Agreement on Facilitation of Goods in Transit signed on December 16, 1998 and Protocols thereof;

For implementation of the ASEAN Framework Agreement on Facilitation of Inter-country Transport signed on December 10, 2009;

For implementation of the ASEAN Framework Agreement on facilitation of cross-border passenger transport by road vehicles signed on October 13, 2017;

For implementation of the Agreement on Facilitation of the Movement of Goods and Persons Across Borders of the Greater Mekong Subregion, signed on November 26, 1999, as amended on April 30, 2004 and its Annexes, Protocol for the Implementation of the Agreement;

For the implementation of the Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China signed on November 22, 1994 and the revised Protocol, the Protocol on implementation of Agreement;

For the implementation of the Agreement on facilitation for road motor vehicles to cross the border between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on April 23, 2009 and the Protocol for the Implementation of the Agreement;

For the implementation of the Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed on June 1, 1999, and the revised Protocol, the Protocol on implementation of the Agreement;

For the implementation of the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic and the Socialist Republic of Vietnam on road transport signed on January 17, 2013;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015; the Law on Amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;

At request of the Minister of Transport;

The Government of Vietnam promulgates a Decree on road transport.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for transport business using automobiles and motorized 4-wheeled vehicles, business conditions, issuance and revocation of licenses for using automobiles and motorized 4-wheeled vehicles; issuance and revocation of vehicle permit sticker stickers; internal transport by automobiles; procedures for issuance, re-issuance and revocation of cross-border transport permits and vehicle cross-border transport permits of transport businesses and vehicles; extension of the operation time of foreign vehicles in Vietnam participating in the transport of people and goods between Vietnam and other countries under international treaties to which Vietnam is a party.

Article 2. Regulated entities

1. This Decree applies to organizations and individuals doing or involved in transport business using automobiles and motorized 4-wheeled vehicles; international road transport between Vietnam and other countries under international treaties to which Vietnam is a party.

2. This Decree does not apply to entities exempted from permits under the provisions of international treaties on cross-border road transport to which Vietnam is a party.

Article 3. Interpretation of terms

For the purpose of this Decree, the terms below shall be construed as follows:

1. A “station” can be a bus station or a cargo station. A bus station enables vehicles to pick up and drop off passengers and provides auxiliary passenger transport services; a cargo station enables trucks to load and unload cargo and provides auxiliary cargo transport services.

2. “paratransit” or “intermediate public transport” means a free-of-charge service by a fixed-route passenger transport business or by a bus station in which automobiles are used to transport passengers to or from the bus station or at fixed route’s pick-up or drop-off points located in the province where the route starts or ends.

3. “designed payload” of an automobile means the maximum number of passengers and amount of cargo the automobile can carry according to the manufacturer’s regulations.

4. “departure time” of a trip means the time at which an automobile must depart from a bus station.

5. “journey" means a fixed way taken by an automobile and determined according to its departure point, arrival point and other stops along the way.

6. “schedule" means the time taken by an automobile to complete a route starting from its departure to its arrival, including the times the automobile reaches certain positions along the journey.

7. “timetable” means a compilation of schedules and journeys of vehicles at consistent intervals over a certain period of time.

8. “safety management department” of a transport business means a department established by the service provider to monitor, supervise and manage operation of drivers and vehicles in order to ensure traffic safety throughout the transport business operation.

9. “commercial vehicle” means a vehicle used to transport goods and/or passengers for commercial purposes.

10. “non-commercial vehicle” means a vehicle used by an organization or individual for non-commercial purposes. Non-commercial vehicles are not automobiles with at least 08 seats (excluding the driver's seats) used by passenger transport businesses.

11. “transport licensing database” means a collection of electronic information about transport business licenses, vehicle permit sticker stickers, transport businesses, vehicles, cross-border transport permits and vehicle cross-border transport permits; transport routes; stations;

12. “transport coordinator” means an employee of the transport business who is assigned in writing to coordinate transport activities and participate in performance of duties of the safety management department of the transport business.

13. “fixed route” means a passenger transport route announced by a competent authority and the journey, schedule, departure station and arrival station (or bus terminus for bus routes) of which are predetermined. If a route has more than one journey, a letter in the Vietnamese alphabet shall be added at the end of the route code.

14. “open-top vehicle” means an urban passenger vehicle that does not have a roof to cover all or part of its floor. In case of a double decker, only the upper deck can be open-top. Passengers must not be allowed to stand in the partially or fully open-top deck.

15. A “transport business” or “transport operator” can be: an enterprise granted the Certificate of Enterprise Registration and the transport business license; an artel, cooperative or cooperative union granted the Certificate of Cooperative registration or Certificate of Artel Registration and the transport business license; a household business granted the Certificate of Household Business Registration and the transport business license. For international road transport, a “transport business” can be: an enterprise granted the Certificate of Enterprise Registration and the transport business license; an artel, cooperative or cooperative union granted the Certificate of Cooperative registration or Certificate of Artel Registration and the transport business license.

Chapter II

DOMESTIC ROAD TRANSPORT

Section 1. REGULATIONS ON TRANSPORT BUSINESS BY AUTOMOBILES AND MOTORIZED 4-WHEELED VEHICLES

Article 4. Fixed-route transport business

1. A transport business that has a license for transport business by automobiles which permits fixed-route passenger transport may apply for operation of fixed routes according to regulations in Article 22 of this Decree.

2. The departure point and arrival point of a fixed route shall be located at the registered bus stations.

3. Route management by Departments of Transport

a) Develop, revise, publish the lists of fixed provincial route network; cooperate with the Department of Transport responsible for the other end of the route in developing, revising and publishing the lists of inter-provincial fixed route network in a manner that stabilizes the announced routes; fixed-route transport in provinces and cities with bus stations shall be organized in such a manner that the bus stations therein are the departure and arrival points of each route in the corresponding directions;

b) Publish the route operation timetables; update the following information to route network list: Maximum number of trips on a route, minimum intervals between consecutive trips, departure times of available routes and list of operators thereof on the online public service system of the Ministry of Transport; and formulate and announce pick-up points and drop-off points of each route;

c) Monitor transport operations of transport businesses and bus stations along the routes.

4. Automobiles used for fixed-route passenger transport business shall:

a) Reserve priority seats for disabled people, elderly people and pregnant women;

b) Have a “XE TUYẾN CỐ DỊNH” (“fixed-route vehicle”) permit sticker according to form No. 01 in Appendix XIII hereof stuck to the upper right corner right below the inspection stamp on the inside of the front windshield;

c) Have all required information affixed on the vehicle.

5. Automobiles used for paratransit shall:

a) Have not more than 29 seats (excluding the driver’s seat);

b) Have a “XE TRUNG CHUYỂN” (“paratransit vehicle”) permit sticker according to form No. 02 in Appendix XIII hereof stuck to the upper right corner right below the inspection stamp on the inside of the front windshield; have all required information affixed on the vehicle;

c) Only be used for paratransit within the province where the paratransit vehicle permit sticker is issued.

6. Mobilization of extra vehicles to serve fixed route passenger transport during peak seasons

a) During public holidays, Tet holidays, national high school graduation exams, university and college entrance exams, passenger transport businesses operating fixed routes (hereinafter referred to as “fixed route operators”) shall discuss the plans for mobilizing extra vehicles with bus stations in consideration of the demand for travel, send them to the Departments of Transport of the provinces at the two ends of the routes for cooperation in management;

b) Mobilization of extra vehicles on Fridays, Saturdays and Sundays when travel demand surges: fixed route operators shall, in consideration of actual travel demand, discus the plan for mobilization of extra vehicles with bus stations and notify them to Departments of Transport of the provinces at two ends of the routes for implementation in the year. On the basis of the plans notified to the Departments of Transport and actual quantity of passengers at the bus stations, the bus stations shall confirm the extra trips on the dispatch orders of the fixed route operators. The extra vehicles shall have unexpired “fixed route vehicle”, “contracted vehicle” or “bus” permit stickers.

7. The bus station operator shall give a confirmation on the dispatch order of the transport business when the vehicle departs from the station. Confirmation contents shall include: license plate number, quantity of passengers and departure time.

8. Fixed route operators shall retain dispatch orders of all trips for at least 03 years.

Article 5. Public bus business

1. A transport business that has a license for transport business by automobiles which permits public bus business may participate in the public bus business on provincial and inter-provincial bus routes.

2. Automobiles used for public bus business shall:

a) Reserve priority seats for disabled people, elderly people, pregnant women and children under 6 years of age;

b) Have a “XE BUÝT” (“bus”) permit sticker according to form No. 03 in Appendix XIII hereof stuck to the upper right corner right below the inspection stamp on the inside of the front windshield; have all required information affixed on the vehicle;

c) Have seats and standing room for passengers and other specifications that comply with National Technical Regulations on technical safety and environmental safety of automobiles

3. Management of provincial and inter-provincial bus routes by Departments of Transport

a) Formulate, revise and publish route network lists, timetables and ticket prices thereof;

b) Propose, formulate, and report to the People’s Committees of the provinces on: Assistance policies of the State on encouragement of public bus transport in their provinces; organization of bidding, criteria for commissioning bus routes on the published route network lists in accordance with regulations of law on bidding; commissioning of interprovincial bus routes and bus routes using open-air buses for tourists without state budget subsidization on the published route network lists;

c) Build, maintain and manage bus infrastructure; decide technical criteria and locations of bus terminus and other bus stops in their provinces;

d) Monitor operations of the transport business along the route; produce passenger statistics.

4. Public bus transport businesses shall retain dispatch orders as follows:

a) Dispatch orders of completed trips (not subsidized by state budget) shall be retained for at least 03 years;

b) Dispatch orders of completed trips (subsidized by state budget) shall be retained for the same period as that of accounting records as prescribed in Clause 5 Article 41 of the 2015's Law on Accounting.

5. Buses shall be allocated separate pick-up and drop-off areas in transport hubs, tourism areas, tourist accommodations, tourist attractions, cultural-sports establishments, shopping malls, transport nodes and intermodal passenger transport hubs; and given priority in metropolises.

Article 6. Taxi business

1. A transport business that has a license for transport business by automobiles which permits taxi business may participate in the taxi business.

2. Automobiles used for taxi business shall:

a) Comply with regulations of Clause 9 Article 56 of the Law on Road;

b) Have a “XE TAXI” (“taxi”) permit sticker according to form No. 04 in Appendix XIII hereof stuck to the upper right corner right below the inspection stamp on the inside of the front windshield; have all required information affixed on the vehicle;

c) Have the “XE TAXI" (“TAXI”) text which is made out of retroreflective material affixed on the front windshield and real windshield. The dimensions of the “XE TAXI" text shall be 06 x 20 cm according to form No. 05 in Appendix XIII hereof. In case of electronic display, it must always be turned on and has a minimum dimension of 06 x 20 cm.

A “TAXI” light may be affixed on the roof with a minimum dimension of 12 x 30 cm. If a “TAXI” light has been affixed on the roof, the “XE TAXI" text on the front windshield and real windshield is no longer required.

3. Fares displayed on taximeter

a) In the taxi, there must be a taximeter which is inspected and affixed with a lead seal by a competent measuring and inspecting authority, and connected to an invoice or receipt printer; both the taximeter and printer must be fixed at a location easily seen by passengers; the driver shall print and give an invoice or a receipt to the passenger when the trip ends;

b) Mandatory information on the receipt includes: name of the transport business, taxi’s registration plate number, travel distance (km) and total fare.

4. In the fares are displayed on a software application which is directly connected with the passenger’s electronic device and used for booking and cancelling rides and calculating fares (hereinafter referred to as “fare calculation software”)

a) The taxi must be equipped with a device which is directly connected with passengers for booking and canceling rides;

b) The fares shall be calculated according to the distance displayed on the digital map;

c) The fare calculation software must comply with regulations of laws on electronic transactions; the interface for passengers must display the name or logo of the transport business and provide the following mandatory information for passengers prior to any ride: name of the transport business, driver’s full name, the vehicle’s registration plate number, the route and distance thereof (km), total fare and phone number for feedbacks.

5. Fares agreed with transport businesses

Fares are agreed between the passenger and the transport business according to the prices listed on the taxi or displayed by the fare calculation software of the taxi business (the transport business).

6. After a ride is completed, the transport business using the fare calculation software must send the electronic invoice for the ride to the passenger (via the software) and send the information about the invoice to the tax authority as per regulations.

7. The transport business (the taxi business) shall notify the Department of Transport that issued the transport business license and the tax authority (where the transport business declares and pay tax) of its fare calculation method.

8. Taxis shall be allocated separate pick-up and drop-off areas in transport hubs, tourism areas, tourist accommodations, tourist attractions, cultural-sports establishments and shopping malls; and given priority in metropolises.

Article 7. Contracted passenger transport business

1. A transport business that has a license for transport business by automobiles which permits contracted passenger transport may participate in contracted passenger transport business.

2. Automobiles used for contracted passenger transport business must:

a) Comply with regulations of Clause 10 Article 56 of the Law on Road;

b) Have a “XE HỢP DỒNG” (“contracted vehicle”) permit sticker according to form No. 06 in Appendix XIII hereof stuck to the upper right corner right below the inspection stamp on the inside of the front windshield; have all required information affixed on the vehicle;

c) Have the “XE HỢP DỒNG" (“contracted vehicle”) text which is made out of retroreflective material affixed on the front windshield and real windshield. The dimensions of the “XE HỢP DỒNG" text shall be 06 x 20 cm according to form No. 07 in Appendix XIII hereof. In case of electronic display, it must always be turned on and has a minimum dimension of 06 x 20 cm.

3. The transport contract between the passenger transport business and the hirer, including the driver, must be concluded before the trip. In case the transport business uses an automobile with 08 seats or more (excluding the driver’s seat) or an automobile with fewer than 08 seats after modification (that previously had more than 08 seats), there must be a written transport contract between the transport business and the hirer who pays for the entire trip, including the driver.

4. The transport business and the driver:

a) The transport business must not confirm seats for separate passengers beyond the concluded contract; must not sell tickets; must not collect money beyond the concluded contract; must not established a fixed journey and schedule for multiple passengers or hirers;

b) The driver may only pick up and drop off passengers at the locations specified in the concluded contract; must not pick up passengers that are not on the list enclosed with the concluded contract provided by the transport business; must not pick up and drop off passengers at the headquarters, branches, representative offices of other fixed locations leased by or having business cooperation with the transport business, or on the street.

5. When transporting passengers, in additional to bringing the mandatory documents specified in Clause 1 Article 56 of the Law on Road Traffic Order and Safety the driver must also:

a) Bring the physical transport contract signed by the transport business (except for the case specified in Point c of this Clause);

b) Bring the passenger list bearing a mark of confirmation from the transport business (except for the case specified in Point c of this Clause);

c) If the electronic contract is used, the driver must have with a device capable of accessing the contract and the enclosed passenger list provided by the transport business;

d) Drivers serving funerals and weddings are exempt from the regulations in Points a, b and c herein.

6. Contracted passenger transport businesses shall retain the transport contracts and the enclosed passenger lists for at least 03 years.

7. Contracted transport of kindergarten students, school students, workers to school/work

a) The transport business shall sign a physical contract with the hirer:

b) The driver may only pick up the intended passengers at the locations specified in the concluded transport contract and are not required to implement the regulations of Point b Clause 4 of this Article.

8. Automobiles used for transport of kindergarten students and school students; automobiles use for both transport business and transport of kindergarten students and school students shall comply with regulations of this Decree and the Government’s Decree No. 151/2024/ND-CP.

9. The contracted automobiles must not pick up and drop off passengers at locations not included in the transport contract unless it is necessary for rescue of humans during natural disasters or enemy-inflicted destruction requested by competent authorities.

10. From the 1^st to 5^th every year, the Department of Transport shall send a list of vehicles issued with the contracted vehicle permit sticker in the previous month to the People’s Committee of the commune where the transport business’s headquarters or branch is located for management in cooperation; publish it on the website of Department of Transport.

Article 8. Cargo transport business by automobiles

1. A transport business that has a license for transport business by automobiles which permits any of the types of cargo transport business by automobiles (hereinafter referred to as “cargo transport business”) specified in Clause 2, Clause 3 and Clause 4 of this Article may participate in the registered type of cargo transport business.

2. Box truck business involves the use of automobiles with payload capacity not exceeding 1.500 kg to transport cargo, for which the hirer pays according to the taximeter or the fare calculation software on the vehicle. The "TAXI TẢI” (“BOX TRUCK”) text according to form No. 08 in Appendix XIII hereof, the transport business’s phone number and name shall be affixed on the truck’s doors or both sides of the vehicle body.

3. Oversize load transport business

a) Oversize load transport business involves the use of automobiles to transport cargo that cannot be divided or disassembled, thereby causing the vehicle or vehicle assembly to exceed the legal size and weight limits;

b) The transport of oversized load shall comply with Article 53 of the Law on Road Traffic Order and Safety.

4. Dangerous cargo transport business

a) Dangerous cargo transport business involves the use of automobiles to transport cargo containing dangerous substances that may pose a threat to human life or health, the environment or national security and safety;

b) The transport of dangerous cargo shall comply with Article 51 of the Law on Road Traffic Order and Safety.

5. Ordinary cargo transport business is a cargo transport business not regulated by Clause 2 and Clause 3 of this Article.

6. Tractor units used for cargo transport business, trucks used for ordinary cargo transport business and box trucks shall have the “XE TẢI” (“box truck”) permit sticker according to form No. 09 in Appendix XIII hereof affixed on the upper right corner right below the inspection stamp inside their front windshields.

7. Cargo transport businesses shall comply with regulations on loading cargo onto the vehicles.

8. Cargo transport businesses shall issue transport notes to their drivers for transport of cargo on public roads. Transport notes must include confirmation (signature and full name) of the amount of cargo loaded onto the vehicle from the cargo owner (or the person authorized by the cargo owner) or the representative of the unit or individual that carries out the loading process.

9. When transporting cargo, the driver must bring the physical transport note or a device capable of showing the transport note’s contents and other documents related to the driver and the automobile required by law. Cargo transport businesses and their drivers shall not transport cargo exceeding the legal weight limit.

10. Bicycles, motorcycles and other similar vehicles shall be transported through road tunnels according to regulations in Clause 4 herein.

11. Physical or electronic transport notes shall be issued by cargo transport businesses and have the following mandatory information: the transport business’s name; registration plate number; hirer’s name; journey (points of departure and arrival); contract number and conclusion date (if any); type and weight cargo being transported. Cargo transport businesses shall retain transport notes of completed trips for at least 03 years.

12. Recompense for damage, loss or shortage of cargo shall be provided according to the transport contract or agreement between the transport business and the hirer.

Article 9. Passenger transport business using motorized 4-wheeled vehicles

1. A transport business that has a transport business license which permits transport business using motorized 4-wheeled vehicles may use motorized 4-wheeled vehicles for passenger transport business.

2. Passenger transport businesses using motorized 4-wheeled vehicles shall have roadworthy vehicles according to Point d Clause 1 Article 34 and Clause 1 Article 48 of the Law on Road Traffic Order and Safety; provide safety instructions for passengers on their vehicles.

3. Transport businesses using motorized 4-wheeled vehicles shall comply with regulations of Article 11 (except Point a Clause 3, Clause 5, Clause 9 and Clause 10) of this Decree.

4. Every vehicle shall have a “XE CHỞ KHÁCH” (“passenger transport vehicle”) permit sticker according to form No. 10 in Appendix XIII hereof stuck on the inside of the front windshield on the right side.

Article 10. Cargo transport business using motorized 4-wheeled vehicles

1. A transport business that has a transport business license which permits transport business using motorized 4-wheeled vehicles may use motorized 4-wheeled vehicles for cargo transport business.

2. The transport business using motorized 4-wheeled vehicles shall have roadworthy vehicles according to Point dd Clause 1 Article 34 and Clause 1 Article 48 of the Law on Road Traffic Order and Safety; comply with regulations on loading cargo onto vehicles.

3. Transport businesses using motorized 4-wheeled vehicles shall comply with regulations of Article 11 (except Point a Clause 3, Clause 5, Clause 9 and Clause 10) of this Decree.

4. Every vehicle shall have a “XE CHỞ HÀNG” (“cargo transport vehicle”) permit sticker according to form No. 11 in Appendix XIII hereof stuck on the inside of the front windshield on the right side.

Article 11. Regulations on assurance of safety in transport business using automobiles and motorized 4-wheeled vehicles

1. Every transport business using automobiles and motorized 4-wheeled vehicles shall have a safety department, establish and implement traffic safety requirements as follows:

a) Have a transport coordinator as prescribed in Clause 2 of this Article and employees in charge of monitoring and supervising drivers and vehicles throughout the transport business process;

b) Establish and accomplish traffic safety objectives prescribed in this Article;

c) Assign tasks to drivers; only employ drivers who have driving license that are appropriate for the vehicles according to Article 57 of the Law on Road Traffic Order and Safety and certificates of completion of professional transport training.

2. The transport coordinator of the transport business shall satisfy the following requirements:

a) For fixed route passenger transport, passenger transport by bus and taxi, cargo transport business using tractor units, the transport coordinator shall have an appropriate transport qualification (certificate of primary training in transport, certificate of intermediate training in transport or road traffic, or higher)

b) The transport coordinator of passenger and cargo transport businesses other than those mentioned in Point a of this Clause shall have working experience at transport business for at least 03 years or be the owner or legal representative of a transport business;

c) Make sure the working time at the transport business is conformable with labor laws and appropriate for its operating time.

3. Before assigning a new transport duty to the driver, the safety department at the transport business using automobiles and motorized 4-wheeled vehicles shall:

a) Collect and analyze data about the operation of each vehicle during the performance of transport duties via vehicle trackers and in-cabin driver cameras (if mandatory) in order to detect and handle violations;

b) Receive and respond to feedbacks of the driver about traffic safety-related issues;

c) Cooperate with other units of the transport business in arranging vehicles and drivers to make sure the continuous driving time, daily and weekly driving time, and rest periods of drivers are conformable with Article 64 of the Law on Road Traffic Order and Safety.

4. Before performing the transport duty, the safety department, the transport coordinator or a manager assigned by the transport business and the driver shall perform the following tasks (except for taxi business where the tasks in its business plan shall be performed):

a) Inspect the driving license of the driver; certificate of inspection of technical safety and environmental safety; certificate of vehicle registration; dispatch order for fixed route passenger transport and buses; transport contracts for contracted passenger transport; transport note for cargo transport;

b) Notify the driver directly or via the software of the transport business of transport requests of customers;

c) Have the driver undergo alcohol and drug test (if testing equipment is available at the transport business).

5. After being assigned the transport duty and before departure, the driver shall perform the following compulsory tasks to inspect the technical safety of the vehicle: inspect the functionality vehicle tracker, the in-cabin driver camera (if required) to make sure they are operational; inspect the steering wheel, the wheels, braking system, lighting system, honk and information displayed on the vehicle.

6. Before departure, the driver shall log into the vehicle tracker using his/her driver identification card.

7. During the trip

a) Via the vehicle tracker, the traffic safety department or the person in charge of traffic safety department of the transport business shall notify the driver if the driver is found committing violations including exceeding the continuous driving time or daily driving time, route deviation, or the vehicle tracker is not working, and request the driver to rectify;

b) The driver shall strictly comply with traffic rules while operating the vehicle to transport passengers or cargo; comply with regulations on continuous driving time, daily and weekly driving time, speed limits, route; make sure the vehicle tracker and in-cabin driver camera (if required) are always operational; Promptly report the time, location and causes of traffic safety issues in order for the transport business to handle in a timely manner.

8. When the driver has fulfilled the duty or at the end of the shift:

a) The safety department, the transport coordinator or a manager assigned by the transport business and the driver shall perform the following tasks: produce statistics on the total distance travelled by the vehicle as the basis for preparing and implementing the vehicle maintenance and repair plan in accordance with the maintenance cycle; maintenance and repair results of each vehicle; violations including exceeding speed limits, exceeding continuous driving time, daily and weekly driving time, route deviation, interruption of data from vehicle trackers and in-cabin driver cameras (if required); report them to the head of the transport business for actions; prepare a report on all traffic safety incidents during operation of the vehicles on public road;

b) The driver shall use the driver identification cards to log out from the vehicle tracker; after the trip or the shift ends and before leaving the vehicle, the driver shall check the passenger compartment to make sure there is not passenger on the vehicle (applicable to passenger transport vehicles).

9. Every month, quarter and year, the safety department (the manager assigned by the transport business) shall perform the following tasks:

a) Produce statistics on the quantity, causes and seriousness of road accidents that occur to each driver and the entire transport business;

b) Prepare and implement the plan for responding to road traffic incidents during the process of transport business operation;

c) Organize debriefings with all drivers of the transport business to analyze accidents that are classified as “serious” or higher occurs during the process of transport business operation;

d) Cooperate with specialized departments of the transport business to in providing professional transport training for all drivers of the transport business;

dd) Retain physical or electronic documents and records about performance of duties according to Clause 2, Clause 3 and Point a Clause 7 of this Article for at least 03 years.

10. Internal transport units shall log and monitor the operation of drivers, automobiles and motorized 4-wheeled vehicles throughout the transport of employees, students, products, goods, or equipment, materials, fuel serving production, sale of their products or services.

Internal transport units and their drivers shall perform the following mandatory tasks to ensure traffic safety of internal transport using or automobiles and motorized 4-wheeled vehicles:

a) Perform the tasks specified in Point c Clause 3, Point c Clause 4 of this Article;

b) Inspect the driving license of the driver; certificate of inspection of technical safety and environmental safety; certificate of vehicle registration;

c) After being assigned the transport duty and before departure, the assigned driver shall inspect the technical safety of the vehicle, the steering system, wheels, braking system, lighting system, honk and information displayed on the vehicle. While operating the vehicle on public roads, the driver shall strictly comply with traffic rules, regulations on continuous driving time, daily and weekly driving time, speed limits, routes; promptly report the time, location and causes of traffic safety incidents for the unit to respond in a timely manner. After the trip or the shift ends and before leaving the vehicle, the driver shall check the passenger compartment to make sure there is not passenger on the vehicle (applicable to passenger transport vehicles);

d) Internal transport units shall log and monitor the performance of transport duties of vehicles and drivers; remind drivers and take appropriate actions in case of road traffic incidents; produce statistics of the total distance travelled by the vehicle as the basis for preparing and implementing the vehicle maintenance and repair plan in accordance with the maintenance cycle; maintenance and repair results of each vehicle; prepare a report on all road traffic incidents during operation of the vehicles on public roads.

11. Bus station or cargo station operator shall fully comply with regulations of Clause 2 Article 72 of the Law on Road; establish procedures for vehicles to enter and leave their stations to ensure safety for the vehicles operating in the station.

12. Transport businesses shall:

a) Only use roadworthy automobiles and motorized 4-wheeled vehicles according to Clauses 1 and 2 Article 35 and Clauses 1, 2 and 3 Article 40 of the Law on Road Traffic Order and Safety; equip safety belts for all seats and beds (excluding provincial buses) and provide instructions on traffic safety and on-board emergency evacuation for passengers;

b) Not allow double-decker sleeper buses to operate on level V and level VI mountainous roads;

c) Employ drivers with at least 02 years of experience of operating passenger vehicles having more than 29 seats (excluding the driver’s seat) to drive double-decker sleeper buses;

d) Establish and update regulations on operation of automobiles, motorized 4-wheeled vehicles and drivers on vehicle information sheet and driver information sheet;

dd) When receiving consignment goods (not accompanied by on-board passengers) Passenger transport businesses, drivers and on-board attendants (if any) shall comply with regulations of Article 68 of the Law on Road.

13. Rest period between two consecutive trips:

a) At least 05 minutes for taxi drivers and provincial bus drivers;

b) At least 15 minutes for drivers of passenger vehicles running on fixed routes, interprovincial buses, contracted passenger vehicles, cargo transport vehicles.

Article 12. Provision of professional transport training for commercial truck drivers

1. Trainees: commercial truck drivers

2. Contents of the framework training program

a) Mandatory knowledge and training duration

Mandatory knowledge: 04 lessons (from lesson 1 to lesson 4); minimum training duration: 24 hours;

b) Knowledge structure of the training program

No.	Training contents	Duration
1.	Lesson 1 Basic knowledge about the transport industry of Vietnam and the system of legislative documents on transport business	02 hours
2.	Lesson 2 Professional transport training for drivers to improve transport service quality and ensure traffic safety; how to conserve fuel; how to load cargo on to the vehicle.	16 hours
3.	Lesson 3 Code of conduct for commercial truck drivers	02 hours
4.	Lesson 4 Responsibilities of organizations and individuals in management and employment of commercial truck drivers	02 hours
5.	Examination	02 hours
Total:		24 hours

3. Training time

a) Before the driver starts to participate in the transport business;

b) Periodically within 05 years from the date of issuance of the certificate of training.

4. The trainer shall:

a) Be a transport business teacher of an intermediate training institution or higher that provides training in road transport business; has an intermediate diploma or higher in transport business;

b) Has a college or university in another major and at least 03 years’ experience of road transport business coordination.

5. The transport business is responsible for providing professional transport training and traffic safety training for their commercial truck drivers in a manner that satisfies the following requirements:

a) Adhere to the contents specified in Clause 1, Clause 2, Clause 3 and Clause 4 of this Article;

b) During the training process, the transport business may cooperate with other transport businesses, Vietnam Automobile Transportation Association (VATA), local automobile transportation associations, driving schools, official training schools of Ministries and ministerial agencies, intermediate training institutions or higher (with transport training) in providing training for their drivers;

c) When providing training, the training unit shall send a notification to the Department of Education and Training of the province 05 working days in advance of the training plan, location, trainers and trainees for inspection and supervision;

d) Training modes: in person or online.

6. Training unit

a) Transport businesses may organize their own training or cooperate with the units specified in Point b Clause 5 of this Article in providing training for their drivers as per regulations;

b) Before organizing the training, the transport business, local automobile transportation association, driving school (training unit) shall prepare a training plan including: organization of driving classes according to local demands; consider organizing specialized classes such as cargo transport and passenger transport, or general classes; arrange training time and location; compile a list of trainers, timetables, phone numbers; send a report to the Department of Education and Training of the province for inspection and supervision;

c) The training unit shall manage, supervise the process of training, organize tests and issue certificates of training to people who have completed the training courses according to the form in Appendix VI hereof; retain documents about the training program and training results for at least 03 years.

7. Organizing tests and issuing certificates

a) Organization of tests:

The trainees shall satisfy the training time requirements to be eligible to take the 120-minute test at the end of the training course. The required score to pass is 5/10;

b) Method: concentrated test on paper;

c) Issuance of certificates of training: Commercial truck drivers who score at least 5/10 will be issued with the certificate of training according to Point c Clause 6 of this Article. Commercial truck drivers who score less than 5/10 may retake the test after at least 05 working days. The certificate of training shall be valid for 05 years from its issuance date.

8. Departments of Transport shall:

a) Assign officials to inspect the training process in person or via surveillance cameras;

b) Refuse to recognize the training results and request the training unit to reorganize the training if the training unit fails to send a notification to the Department of Transport as prescribed in Point c Clause 5 of this Article or fails to satisfy the requirements specified in Point a Clause 5 of this Article.

9. Directorate for Road of Vietnam shall compile and announce the training materials and the framework professional transport training program for commercial truck drivers.

Section 2. CONDITIONS FOR TRANSPORT BUSINESS BY AUTOMOBILES AND MOTORIZED 4-WHEELED VEHICLES

Article 13. Conditions for passenger transport business

1. Automobiles used for passenger transport shall be lawfully owned or used under vehicle lease contracts between the passenger transport business and the vehicle owners or business cooperation contracts as per the law. If the automobile is owned by a cooperative member, there shall be a service contract between the member and the cooperative which specifies the cooperative’s rights, responsibilities and obligations to the management, use and dispatch of such automobile.

2. Automobile used for transport business shall have vehicle trackers and in-cabin driver cameras as prescribed in Clause 2 Article 35 of the Law on Road Traffic Order and Safety.

3. Automobiles used for fixed-route passenger transport business shall have at least 08 seats (excluding the driver’s seat) and service life of up to 15 years for distance of over 300 km, up to 20 years for distance of up to 300 km.

4. Automobiles used for bus business shall have at least 08 seats (excluding the driver’s seat) and service life of up to 20 years.

5. Automobiles used for taxi business shall have fewer than 08 seats (excluding the driver’s seat) and service life of up to 12 years. Automobiles that have more than 08 seats (excluding the driver’s seat) and are modified to have fewer than 08 seats must not be used for taxi business.

6. Automobiles used for contracted passenger transport business shall have more than 08 seats (excluding the driver’s seat) and service life of up to 15 years for distance of over 300 km, up to 20 years for distance of up to 300 km.

Automobiles having fewer than 08 seats (excluding the driver’s seat) used for passenger transport under electronic contracts shall have a service life of up to 12 years.

Article 14. Conditions for trucking business

1. The automobiles used for cargo transport business must be legally owned or used under vehicle lease contracts between the cargo transport business and the vehicle owners or business cooperation contracts as per the law.

If the automobile is owned by a cooperative member, there shall be a service contract with such member which specifies the rights, responsibilities and obligations of the cooperative to the management, use and dispatch of such automobile.

2. Automobiles used for cargo transport business shall comply with Clause 11 Article 56 of the Law on Road and have a service life conformable with Clause 1, Clause 2 and Clause 3 Article 40 of the Law on Road Traffic Order and Safety.

Article 15. Conditions for passenger transport business using motorized 4-wheeled vehicles

1. The motorized 4-wheeled vehicles used for passenger transport shall be lawfully owned or used under vehicle lease contracts between the passenger transport business and the vehicle owners or business cooperation contracts as per the law. If the vehicle is owned by a cooperative member, there shall be a service contract between the member and the cooperative which specifies the cooperative’s rights, responsibilities and obligations to the management, use and dispatch of such vehicle.

2. Motorized 4-wheeled vehicles used for passenger transport business shall have a service life of up to 20 years.

Article 16. Conditions for cargo transport business using motorized 4-wheeled vehicles

1. The motorized 4-wheeled vehicles used for cargo transport business must be legally owned or used under vehicle lease contracts between the cargo transport business and the vehicle owners or business cooperation contracts as per the law.

If the vehicle is owned by a cooperative member, there shall be a service contract between the member and the cooperative which specifies the cooperative’s rights, responsibilities and obligations to the management, use and dispatch of such vehicle.

2. The service life of motorized 4-wheeled vehicles used for cargo transport business shall comply with Clause 1 and Clause 2 Article 40 of the Law on Road Traffic Order and Safety.

Section 3. TRANSPORT CONTRACTS

Article 17. General regulations on transport contracts

1. A physical or electronic transport contract is an agreement between contract parties according to which the transport business will transport passengers, luggage or cargo to an agreed-upon location in exchange for an amount paid by the passengers or the hirer.

2. A passenger or cargo transport contract (whether physical or electronic) shall have the following mandatory information:

a) Information about the contracting transport business, including its name, address, phone number, tax identification number (TIN), name, ID number of the representative signatory;

b) Information about the passengers or hirer (organization or individual), including name, ID number, address, phone number,

c) Information about contract execution: start and end of the contract (date and time); addresses of first stop, last stop, pick-up points and drop-off points (or loading and unloading points) on the journey; journey’s length (km); and number of passengers (or weight of cargo);

d) Information about the contract value and payment method;

dd) Regulations on responsibilities of contracting parties for contract execution, which specifies fulfillment of tax obligations to the state; rights and obligations of the transporting party, passengers or the hirer; phone number for receipt and settlement of complaints and denunciations from passengers; commitment to execute the contract and pay damages to the hirer and/or passengers.

3. Mandatory information on passenger or cargo transport contracts may be used for the purpose of state management of transport; or may be provided for competent authorities, price management authorities, tax authorities, the police and/or transport inspectors upon request.

Article 18. Execution of electronic transport contracts

1. Electronic transport contracts shall be executed in accordance with regulations of Article 17 of this Decree and other relevant regulations of laws.

2. Transport businesses using electronic transport contracts:

a) The interface of the software provided for customers or hirers must show its full name or logo, the emergency phone number and the mandatory information prescribed in Clause 2 Article 17 of this Decree;

b) The mandatory information of the passenger transport contract and electronic invoice for each trip must be sent to the account of the customer or hirer and to the tax authority as per regulations;

c) Electronic contracts shall be retained for at least 03 years.

3. Drivers of passenger transport businesses using electronic contracts

a) Comply with the regulations of Clause 4 Article 7 of this Decree;

b) Provide the information specified in Clause 2 Article 17 of this Decree to the authorities upon request.

4. Regulations for renters and passengers entering into electronic contracts:

a) Use devices capable of showing the full contents of electronic contracts;

b) Comply with the Civil Code when signing electronic contracts with transport businesses.

Section 4. ISSUANCE AND REVOCATION OF LICENSES FOR TRANSPORT BUSINESS BY AUTOMOBILES AND BY MOTORIZED 4-WHEELED VEHICLES; ISSUANCE AND REVOCATION OF VEHICLE PERMIT STICKER STICKERS; REGISTRATION AND TERMINATION OF FIXED-ROUTE OPERATION

Article 19. Issuance of licenses for transport business by automobiles and motorized 4-wheeled vehicles

1. Contents of the business license:

a) Name and address of the transport business;

b) Business registration certificate (enterprise registration certificate), including its number, date of issuance and issuing authority;

c) The legal representative;

d) Business type;

dd) The issuing authority;

e) An area for printing the QR code and storing electronic information of the transport business license.

2. Departments of Transport have the power to issue transport business licenses.

Article 20. Application for issuance and reissuance of the business license

1. An application for issuance of the business license consists of:

a) The application form in Appendix I hereof;

b) Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of qualifications of the transport coordinator;

c) Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the establishment decision and regulations on functions and duties of the traffic safety department of the transport business;

d) Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the transport coordinator assignment decision.

2. An application for reissuance of the business license due to changes to the contents of the license consists of:

a) The application form in Appendix I of this Decree specifying the reason for reissuance;

b) Documents proving the changes to the contents of the license stated in Clause 1 (except Point dd and Point e) Article 19 of this Decree mentioned in Clause 1 (documents directly related to the changes).

3. An application for reissuance of the business license due to loss or damage shall be application form in Appendix I of this Decree.

4. An application for reissuance of a business license that was revoked consists of:

a) The documents specified in Clause 1 of this Article;

b) Documents proving the measures taken to remedy the violations specified in Point a and Point d Clause 6 Article 21 of this Decree.

Article 21. Procedures for issuance, reissuance and revocation of licenses for transport business by automobile and motorized 4-wheeled vehicles

1. Procedures for issuance of the business license:

a) The transport business shall submit 01 application for issuance of the business license to the Department of Transport of the province where the business’s headquarters or branch is located. The application can be submitted in person, online or by post. If the application needs to be revised or supplemented, the issuing authority shall inform the applicant of the contents the need to be revised or supplemented in person, in writing or via the online public service system within 03 working days from the date of receipt of the application;

b) Within 05 working days from the date of receipt of the satisfactory application, the issuing authority shall appraise the application and issue the license according to the form in Appendix II of this Decree. If the application is rejected, the issuing authority shall respond and provide explanation for the applicant in writing or via the online public services system.

2. The procedures for reissuance of a business license due to changes to its content and procedures for reissuance of a revoked business license shall be the same as those specified in Clause 1 of this Article.

3. Procedures for reissuance of the business license in case it is lost or damaged:

a) The transport business shall submit 01 application for reissuance of the business license to the Department of Transport of the province where the business’s headquarters or branch is located. If the application needs to be amended, the issuing authority shall inform the contents to be amended or supplemented to the applicant in person or in writing or via the online public services system within 02 working days from the date of receipt of the application;

b) Within 03 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the license according to the form in Appendix II of this Decree. If the application is rejected, the issuing authority shall respond and provide explanation for the applicant in writing or via the online public services system.

4. The issuing authority shall verify information about the business registration certificate or enterprise registration certificate on the national business registration portal or enterprise information portal of Departments of Planning and Investment of provinces and cities before issuing the business license.

5. Applications shall be received and results shall be provided at the single window department of the issuing authority or by post. In case an application is submitted to the issuing authority in person or by post, the receiving official shall update information in the application to the online public service system of the Ministry of Transport as regulated.

The issuing authority shall process applications and issue business licenses on the online public service system of the Ministry of Transport.

6. The business license of a transport business will be revoked for an indefinite period of time in any of the following cases:

a) Providing a copy that is different from the original or providing false information in the application for the business license;

b) Failure to provide all transport services specified in the business license for 06 months or more from the issuance date of the business license, or suspension of all transport services specified in the business license for 06 consecutive months or more;

c) Termination of the transport business according to regulations of laws or of its own volition;

d) Changing or falsifying data from the vehicle tracker or in-cabin driver camera before, during and after data transmission;

dd) Failure to comply with decision of a competent authority on inspection of compliance with regulations on transport business and conditions for transport business;

e) At least 30% of vehicles have their vehicle permit sticker stickers revoked within 01 months;

g) The transport business license is suspended at least 02 times in 01 year;

h) Failure to apply for taxpayer registration; failure to declare tax as prescribed by tax laws.

7. An issuing authority has the power to revoke the business licenses it issued following this procedure:

a) Issue a decision to revoke the business license;

b) Send the business license revocation decision to the transport business and publish information on the website of the Department of Transport;

c) Send a report to the People’s Committee of the province and notify the revocation of the business license to relevant authorities for cooperation;

d) Within 10 days from the day on which the issuing authority signs the decision on revocation of the business license, the transport business must return the business license and vehicle permit sticker stickers to the issuing authority and terminate the transport business operation according to the decision on revocation.

If the transport business returns the business license and vehicle permit sticker stickers in accordance with the revocation decision, the issuing authority shall not reissue the business license within 30 days from the day on which the transport business returns the business license and vehicle permit sticker stickers under the revocation decision.

If the transport business fails to return or fully return the business license and vehicle permit sticker stickers by the aforementioned deadline, the Department of Transport shall not reissue the business license within 45 days from the day on which the transport business fully returns the business license and vehicle permit sticker stickers under the revocation decision. If the transport business wishes to continue operating after this period, it shall follow procedures for issuance of the business license and vehicle permit sticker stickers in accordance with Clause 1 Article 21 and Clause 6 Article 23 of this Decree.

8. Departments of Transport shall:

a) Manage and organize the printing of licenses for transport business by automobiles and motorized 4-wheeled vehicles according to the forms provided by this Decree; issue and reissue licenses for transport business by automobiles and motorized 4-wheeled vehicles to passenger transport businesses and cargo transport businesses in their provinces;

b) During the 1^st to 5^th of every month, publish the list of vehicles (license plate numbers, types of vehicle permit sticker stickers issued and their effective periods) and transport businesses (names, types, effective periods of transport business licenses); list of vehicles whose vehicle permit sticker stickers are suspended or revoked; list of transport businesses whose transport business licenses are suspended or revoked in the preceding month on their websites to serve inspection and supervision.

Article 22. Procedures for registration, suspension and termination of fixed route operation

1. For fixed routes in operation:

On the basis of the list of fixed passenger transport routes and timetables which have been published and updated to the list of fixed passenger transport routes of the Ministry of Transport, the transport business having the license for fixed route passenger transport using automobiles have the right to choose their own departure times and register the route operation in accordance with Clause 3 and Clause 4 of this Article.

2. For fixed routes that are adjusted or supplemented:

a) On the basis of the announced bus stations, the transport business shall discuss with bus stations on either ends of the routes, formulate a route operation plan and send it to the Department of Transport of the province where its headquarters or branch is located for registration and the Department of Transport of the other end of the route for joint management;

b) Within 03 working days from the receipt of the route operation plan, the Department of Transport of the province where its headquarters or branch is located shall upload an enquiry form to the software system of the Ministry of Transport to solicit opinions from the Department of Transport of the other end of the route regarding adjustment, addition of fixed routes to the route network (the enquiry shall have the following mandatory information: station of departure, station of arrival, journey, traffic, interval between two trips);

c) Within 02 working days from the receipt of the enquiry form, the Department of Transport of the other end of the route shall upload a written response to the online public service system of the Ministry of Transport, specifying whether it agrees or disagrees and provide explanation. If the Department of Transport of the other end of the route does not respond, the system will automatically change the status to “agreed”;

d) The Department of Transport of the province where its headquarters or branch is located shall update the list of routes according to Point a and Point b Clause 3 Article 4 of this Decree, issue vehicle permit sticker stickers to the vehicles and update the list of interprovincial route network.

3. An application for route operation consists of:

a) The application form in Appendix III of this Decree;

b) Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the written agreement between the bus stations at both ends of the route and the applying transport business (in case of route adjustment or addition).

4. Procedures for registration of route operation:

a) The transport business (the applicant) shall send 01 online application for route operation enterprise to the Department of Transport which issued its business license on the online public service system of the Ministry of Transport (applications sent directly to the route-operating authority or by post will be rejected);

b) Within 03 working days from the receipt of the application, the Department of Transport shall inspect it and, if the application has to be revised or supplemented, notify the applicant of the necessary revisions or supplementation directly on the online public service system.

Within 02 working days from the receipt the aforesaid notification, the applicant shall complete the application and update it on the online public services system. In case the application is not completed within such time limit, it will be disqualified and the Department of Transport will inspect the next application on the public service system on a first-come-first-serve basis;

c) Within 03 working days from the satisfactory application, the Department of Transport shall examine it and send an enquiry to the Department of Transport of the other end of the route via the online public service system of the Ministry of Transport. Within 02 working days, the Department of Transport of the other end of the route shall upload a written response to the online public service system of the Ministry of Transport, specifying whether it agrees or disagrees and provide explanation. If the Department of Transport of the other end of the route does not respond, the system will automatically change the status to “agreed”;

d) After receiving the agreement from the Department of Transport of the other end of the route, the Department of Transport receiving the application shall issue a written notice of successful registration of route operation according to the form in Appendix IV hereof and send it to the applicant on the online public service system and the Department of Transport of the other end of the route (for interprovincial fixed routes), bus stations at both ends of the routes for joint management.

In case two or more applications have the same route and departure time, the Department of Transport shall handle them on a first-come-first-serve basis.

5. The notice of successful registration of route operation shall be effective from the day on which it is signed until the transport business stops operating the route or the effective date of the decision on termination of route operation issued by the Department of Transport. 10 days before the expiration date of the notice of successful registration of route operation, via the online public service system of the Ministry of Transport, the Department of Transport shall notify the transport business in writing. If the transport business fails to operate the route within 60 days after the issuance date of the notice of successful registration of route operation, the notice will be invalidated.

6. The transport business may suspend the operation of a route or certain runs on the route following this procedure:

a) 05 days before the suspension date, the transport business shall send a notification to the Department of Transport and bus stations at both end of the route, turn in the fixed route vehicle permit sticker to the Department of Transport that issued it on the suspension date. The bus stations at both ends of the route shall post a notification at their stations for at least 10 days after receiving the transport business’ notification.

b) Within 02 working days from suspension date, the Department of Transport of the province where the transport business’ headquarters or branch is located shall send a written notification to the Department of Transport at the other end of the route via the online public service system of the Ministry of Transport; update the information according to Point a and Point b Clause 3 Article 4 of this Decree to the transport licensing database;

c) If the transport business wishes to resume the operation of the suspended route, the procedures for registration of route operation shall be followed after the Department of Transport finishes updating the information specified in Point b Clause 6 of this Article.

7. The transport business will have a notice of successful registration of route operation revoked if the total number of trips completed in a month is less than 70% of the registered number for one month.

8. The Department of Transport that issues the notice of successful registration of route operation shall revoke it following the procedure below:

a) Issue the revocation decision. If the registered trip only has 01 trip or the total number of trips of the route is less than 70% of the registered number, the notice of successful registration of route operation and vehicle permit sticker stickers issued to the vehicles operating the route will be revoked;

b) Send the revocation decision to the transport business, bus stations on both ends of the routes, the Department of Transport of the other end of the route, and publish the decision on the website of the Department of Transport;

c) Within 02 working days from the date on which the revocation decision is issued, update information about to departure times of the cancelled trips to the transport licensing database of the Ministry of Transport as the basis for other transport businesses to register route operation in accordance with this Decree;

d) Within 30 days from the effective date of the revocation decision, the transport business must not register operation of the cancelled route. If the transport business wishes to resume operation of the cancelled route after 30 days from the effective date of the revocation decision, it may follow the procedures for registration of route operation in Clause 4 of this Article.

Article 23. Regulations on management, issuance, reissuance and revocation of vehicle permit stickers

1. Holders of licenses for transport business by automobiles and motorized 4-wheeled vehicles will be issued with vehicle permit sticker stickers.

2. Holders of licenses for transport business by automobiles will have vehicle permit sticker stickers issued to the automobiles suitable for their licensed operations according to the following principles:

a) A vehicle shall only be issued with a vehicle permit sticker for a type of transport business at a time;

b) A fixed route passenger transport business shall have paratransit vehicle permit sticker stickers issued by Departments of Transport at both ends of the route.

3. Effective periods of vehicle permit sticker stickers

a) Vehicle permit sticker stickers issued to commercial automobiles, motorized 4-wheeled vehicles and paratransit vehicles vary between 01 years and 07 years according to the request of the transport business and shall not exceed the service life of the vehicle;

b) Effective periods of vehicle permit sticker stickers issued to fixed route vehicles to accommodate the higher number of passengers during Lunar New Year shall not exceed 30 days; those of vehicle permit sticker stickers issued for other public holidays, national high school graduation and university entrance exams shall not exceed 10 days.

4. Minimum size of all types of vehicle permit sticker stickers is 9 x 10 cm.

5. An application for vehicle permit consists of:

a) The application form in Appendix V of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, or the business cooperation contract.

6. Vehicle permit sticker issuance procedure:

a) The transport business shall submit 01 application (online, in person or by post) to the Department of Transport which issued its business license. In case of application for a paratransit vehicle permit sticker, submit 01 application for the paratransit vehicle permit sticker to the Department of Transport which issued its business license or the Department of Transport on the other end of the route. If the application needs to be revised or supplemented, the issuing authority shall inform the applicant in person or in writing or via the online public services system within 01 working day from the date of receipt of the application. If the application is submitted online, the applicant (transport business) shall take legal responsibility for the accuracy of information in the application.

b) Within 02 working days from the receipt of the satisfactory application, the Department of Transport shall issue the vehicle permit sticker stickers to the automobiles and update them to the transport licensing database. If the application is rejected, the Department of Transport shall respond and explain in writing or via the online public services system.

Applications shall be received and results shall be provided on the online public service system of the Ministry of Transport or in person at the issuing authority or by post. In case an application is submitted to the issuing authority in person or by post, the receiving official shall update information in the application to the online public service system of the Ministry of Transport as regulated.

The issuing authority shall process applications and issue vehicle on the online public services system of the Ministry of Transport and update the result to the transport licensing database;

c) The issuing authority shall verify information about the inspect the automobile’s certificate of technical safety and environmental safety on the system of Vietnam Register to ensure it is qualified for transport business.

7. A vehicle permit sticker will be reissued when it is expired, lost or damaged, or the vehicle is transferred to another owner or transport business. Documentation, procedures and authority for reissuance of vehicle permit sticker stickers shall comply with Clauses 5 and 6 of this Article. Effective period of the reissued vehicle permit sticker shall comply with Clause 3 of this Article. Transport businesses may apply for reissuance of vehicle permit sticker stickers within 15 days prior to their expiration dates.

8. A vehicle permit sticker may be reissued after it is revoked. At the end of the revocation period, if the transport business wishes to continue using the vehicle for transport business, it shall follow procedures for reissuance of the vehicle permit sticker in accordance with Clause 5 and Clause 6 of this Article.

9. Departments of Transport shall:

a) Manage, organize the printing of vehicle permit sticker stickers according to the forms provided in Appendix XIII hereof; issue and reissue vehicle permit sticker stickers in accordance with this Article.

b) Not issue vehicle permit sticker stickers to automobiles and motorized 4-wheeled vehicles during the vehicle permit sticker suspension or revocation periods (unless the rights to own or use them are transferred and their vehicle permit sticker stickers have been returned to the Department of Transport for updating to the transport licensing database);

c) Send vehicle permit sticker revocation decisions to transport businesses and publish information on their websites; update the revoked vehicle permit sticker stickers to the transport licensing database;

d) Notify transport businesses of expiration of their vehicle permit sticker stickers after receiving a notification of suspension of such vehicle permit sticker stickers from a competent authority and publish information on their websites. During the last 05 working days of each month, Departments of Transport shall issue lists of vehicles whose permits will expire in the next month and publish information on their websites.

10. A vehicle permit sticker will be revoked in any of the following cases:

a) When the transport business license of a transport business is suspended by a competent authority, all vehicle permit sticker stickers granted to its automobiles and motorized 4-wheeled vehicles will be revoked;

b) When a transport business fails to operate a route for 60 consecutive days, all vehicle permit sticker stickers granted to automobiles running the route will be revoked.

c) When a vehicle exceeds the speed limit at least 05 times per 1000 km of distance according to the data extracted from its tracker in 01 month (except for the cases in which the speed limit is exceeded by less than 05 km/h), its vehicle permit sticker will be revoked for 01 month;

d) The vehicle permit sticker will be revoked for 01 month if the vehicle is violates the weight limit of a bridge or rod by more than 10% at least 03 times in 01 month (exceeding the limit on the axle weight, gross vehicle weight, or both) according to the data extracted from a weigh station, unless there is an unexpired circulation license.

dd) Vehicle permit sticker stickers granted to automobiles and motorized 4-wheeled vehicles of a transport business will be revoked if they are transferred or leased out to a third party;

e) A vehicle permit sticker will be revoked when the transport business no longer needs to use it for transport business and turns in the permit.

g) Vehicle permit sticker stickers issued to automobiles and motorized 4-wheeled vehicles of cooperative members that fail to apply taxpayer registration or fail to declare tax as prescribed by tax laws will be revoked.

11. Departments of Transport shall:

a) Issue revocation decisions and revoke vehicle permit sticker stickers they issued in accordance with Clause 10 of this Article, Point d Clause 7 Article 21 of this Decree;

b) Within 02 days from the issuance date of the revocation decision, the Department of Transport must upload it on its website and update information about revoked vehicle permit sticker stickers to the transport licensing database;

c) Within 10 days from the day on which a revocation decision is signed, the transport business shall terminate the commercial operation of the automobiles and motorized 4-wheeled vehicles whose permits are revoked and turn in the revoked permits.

After the vehicle permit sticker stickers are turned in by the transport business under the revocation decision, the Department of Transport shall not issue or reissue vehicle permit sticker stickers for 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which they are turned in. After 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which they are turned in, the transport business that wishes to continue to use the vehicles for business operation may apply for issuance of vehicle permit sticker stickers in accordance with Clause 6 of this Article.

If the vehicle permit sticker stickers are not turned in by the transport business by the aforesaid deadline, the Department of Transport shall not issue or reissue vehicle permit sticker stickers for 45 days (90 days if the violation is repeated within 06 consecutive months) from the day on which they are fully turned in under the revocation decision. After this period, if the transport business wishes to continue to use the vehicles for business operation, it may apply for issuance of vehicle permit sticker stickers in accordance with regulations of this Decree;

d) Vehicle permit sticker stickers will not be issued or reissued to transport businesses that fail to comply with vehicle permit sticker revocation decisions. After the transport business has fully complied with the revocation decision, the issuing authority will carry on the procedures specified in Point c Clause 11 of this Article. In case the transport business sends the issuing authority (Department of Transport) a written notification of the loss of vehicle permit sticker stickers after a revocation decision is issued, the Department of Transport will not issue or reissue the permits for 60 days from the day on which the transport business’ notification is received.

12. Transport businesses shall:

a) Check information about revocation of business licenses and vehicle permit sticker stickers on the websites of Department of Transport; turn in the vehicle permit sticker stickers to the Departments of Transport when their business licenses or vehicle permit sticker stickers are revoked. If the vehicles are no longer used for transport business (the vehicles are transferred or leased out to a third party, or transport business is suspended), within 10 days from the suspension date, the transport business shall send a written report and the vehicle permit sticker stickers to the Department of Transport that issued them (unless they are lost);

b) Not use automobiles and motorized 4-wheeled vehicles for transport business during the suspension period of their transport business licenses or vehicle permit sticker stickers or after the vehicle permit sticker stickers are revoked.

Section 5. MANAGEMENT OF INTERNAL TRANSPORT

Article 24. Transport of internal personnel by automobiles

1. Automobiles used for transport of internal personnel

a) Only use automobiles that are roadworthy according to Clause 1 Article 35, and Clauses 1, 2 and 3 Article 40 of the Law on Road Traffic Order and Safety; equip safety belts for all seats and beds and provide instructions on traffic safety and on-board emergency evacuation in case of accidents;

b) Have the “XE NỘI BỘ" (“internal vehicle”) text which is made out of retroreflective material affixed on the front windshield and real windshields. The dimensions of the “XE NỘI BỘ " text shall be 10 x 35 cm according to form No. 12 in Appendix XIII hereof. In case of electronic display, it must always be turned on and has a minimum dimension of 10 x 35 cm;

c) The vehicle must be legally owned or used under a vehicle lease contract between the unit and the vehicle owner as per the law.

If the vehicle is owned by a cooperative member, there shall be a service contract with such member which specifies the rights, responsibilities and obligations of the cooperative to the management, use and dispatch of such vehicle.

2. Units having internal transport by automobiles shall:

a) Monitor, supervise activities of drivers and vehicles throughout the process of internal transport; maintain and repair the vehicles in accordance with regulations on road vehicle maintenance and repair; inspect the roadworthiness of vehicles and qualification of drivers before executing a transport note; inspect and supervise activities of the drivers and vehicles during the trips;

b) Comply with regulations on continuous driving time, daily working hours and rest periods of drivers according to Clause 1 Article 64 of the Law on Road Traffic Order and Safety;

c) Carry out safety management tasks in accordance with Clause 10 Article 11 of this Decree;

d) Formulate and update regulations on operation of their vehicles and drivers in vehicle information sheet and driver information sheets; monitor the operation, maintenance and repair of vehicles according to regulations on road vehicle maintenance and repair;

dd) Not use double-decker sleeper buses to operate on level V and level VI mountainous roads;

e) Do not employ drivers who are being disqualified as prescribed by law; do not employ drivers who have less than 02 years’ experience of driving passenger buses with at least 29 seats (excluding the driver’s seat) to operate double-decker sleeper buses. Organize periodic health check-ups for drivers and only employ drivers with good health as per regulations.

3. Drivers of internal transport automobiles:

a) Inspect the safety of the vehicle; provide safety instructions for the passengers; request the passengers to fasten their safety belts before setting off; make sure the luggage are secured;

b) Comply with regulations on continuous driving time, daily working hours and rest periods of according to Clause 1 Article 64 of the Law on Road Traffic Order and Safety;

c) Not carry people on the roof, in the trunk of the vehicle; not allow people to hold on to the vehicle from the outside; not carry cargo that are dangerous, banned, smuggled, wild fauna and flora; not carry people, luggage and cargo exceeding the weight limit and capacity limit;

d) Refuse to operate the vehicle that is not safe enough or does not have adequate seatbelts.

Article 25. Transport of internal cargo by automobiles

1. Automobiles used for transport of internal cargo

a) Only use automobiles that are roadworthy according to Clause 1 Article 35, and Clauses 1, 2 and 3 Article 40 of the Law on Road Traffic Order and Safety; equip safety belts for all seats and beds and provide instructions on traffic safety and on-board emergency evacuation for passengers;

b) Have the “XE NỘI BỘ" (“internal vehicle”) text which is made out of retroreflective material affixed on the front windshield and real windshields. The dimensions of the “XE NỘI BỘ " text shall be 10 x 35 cm according to form No. 12 in Appendix XIII hereof. In case of electronic display, it must always be turned on and has a minimum dimension of 10 x 35 cm;

c) The vehicle must be legally owned or used under a vehicle lease contract between the unit and the vehicle owner as per the law.

If the vehicle is owned by a cooperative member, there shall be a service contract with such member which specifies the rights, responsibilities and obligations of the cooperative to the management, use and dispatch of such vehicle.

d) The quality and dimension of the cargo compartment of automobile used for cargo transport must comply with the certificate of technical safety and environmental safety.

2. Units having internal cargo transport shall:

a) Monitor, supervise activities of drivers and vehicles throughout the process of internal transport; maintain and repair the vehicles in accordance with regulations on road vehicle maintenance and repair; inspect the roadworthiness of vehicles and qualification of drivers before executing a transport note; inspect and supervise activities of the drivers and vehicles during the trips;

b) Request the drivers to comply with regulations on continuous driving time, daily working hours according to Clause 1 Article 64 of the Law on Road Traffic Order and Safety; Comply with regulations on continuous driving time, daily working hours and rest periods of drivers;

c) Carry out safety management tasks in accordance with Clause 10 Article 11 of this Decree;

d) Formulate and update regulations on operation of their vehicles and drivers in vehicle information sheet and driver information sheets; monitor the operation, maintenance and repair of vehicles according to regulations on road vehicle maintenance and repair;

dd) Only use the automobile to transport cargo that is products and goods they manufacture, equipment, tools, raw materials, fuel and other movable property serving their own operation;

e) Do not employ drivers who are being disqualified as prescribed by law. Organize periodic health check-ups for drivers and only employ drivers with good health as per regulations.

g) Comply with regulations on loading cargo on to automobiles;

h) Issue physical or electronic transport notes to the drivers before each trip. The transport note shall contain the following mandatory information: name of the unit, license plate number, journey (start and end points); type and weight of cargo on the vehicle.

3. Drivers of automobiles used for internal cargo transport

a) Inspect the safety of the vehicle before setting off; make sure the cargo is safely arranged and secured on the vehicle;

b) Bring the physical transport note or a device capable of showing the transport note’s contents and other documents related to the driver and the automobile required by law. Before each trip, the driver shall request the person in charge of loading cargo onto the vehicle to sign the transport note to confirm that cargo has been loaded onto the vehicle and shall refuse to drive if the cargo is not loaded in accordance with regulations of law;

c) Comply with regulations on continuous driving time, daily working hours and rest periods according to Clause 1 Article 64 of the Law on Road Traffic Order and Safety;

d) Not carry cargo that are dangerous, banned, smuggled, wild fauna and flora; not carry cargo exceeding the weight limit and capacity limit prescribed by law;

dd) Refuse to operate the vehicle that is not safe enough.

Article 26. Transport of internal personnel by motorized 4-wheeled vehicles

1. Only use motorized 4-wheeled vehicles that are roadworthy according to Clause 1 Article 35, Clause 1 and Clause 2 Article 40 of the Law on Road Traffic Order and Safety.

2. Comply with the regulations of Clause 3 Article 66 of the Law on Road.

3. Comply with regulations of Point b Clause 1, Point b and Point c Clause 2 Article 24 of this Decree.

Article 27. Internal cargo transport by motorized 4-wheeled vehicles

1. Only use motorized 4-wheeled vehicles that are roadworthy according to Clause 1 Article 35, Clause 1 and Clause 2 Article 40 of the Law on Road Traffic Order and Safety.

2. Comply with regulations of Point b Clause 1, Point b, Point c and Point g Clause 2 Article 25 of this Decree.

Chapter III

INTERNATIONAL ROAD TRANSPORT

Section 1. GENERAL PROVISIONS

Article 28. Operational scope of vehicles

1. Vehicles granted vehicle cross-border transport permits shall adhere to on the routes and checkpoints stated in the permits. For international road transport between Vietnam and China, vehicles shall adhere to the routes and checkpoints specified in the Vietnam - China cross-border transport permits.

2. Vehicles must not carry goods or passengers between two points in the territory of another member state; must not carry goods between points in the territory of the transit country.

Article 29. General provisions on cross-border transport permits and vehicle cross-border transport permits

1. Cross-border transport permits shall be issued by competent authorities to transport businesses to carry out international road transport activities. For international road transport between Vietnam and China, cross-border transport permits shall be issued to official vehicles and vehicles performing cross-border road transport between Vietnam and China.

2. Vehicle cross-border transport permits are issued by competent authorities to vehicles to carry out international road transport activities.

a) A vehicle cross-border transport permit issued to a commercial vehicle allows for multiple trips, each of which lasts no more than 30 days, and is effective for 01 year from the issuance date, except for cases specified in Points b, c, and d of this Clause;

b) Vietnam – Laos vehicle cross-border transport permits issued to vehicles of enterprises serving construction, projects, business activities of the enterprises in the territory of Laos allow for multiple trips, each of which lasts no more than 30 days, and are effective for 01 year from the issuance date;

c) Vehicle cross-border transport permits for commercial vehicles travelling between Vietnam and Laos issued to contracted passenger transport vehicles and tourist transport vehicles allow for multiple trips and have an effective period equal to the duration of the trip or the tour but must not exceed 30 days;

d) There are two types of vehicle cross-border transport permits for commercial vehicle travel between Vietnam and Cambodia: Type 1 permit allows for multiple trips, each of which lasts no more than 30 days and has an effective period of up to 01 year; type 2 permit allows for a single trip and has an effective period of up to 30 days;

dd) Vehicle cross-border transport permits for non-commercial vehicle travel between Vietnam - Laos or Vietnam - Laos - Cambodia allow for multiple trips and are effective for up to 30 days;

e) Vehicle cross-border transport permits for official vehicles, vehicles of foreign affair missions, international organizations travelling between Vietnam and Laos allow for multiple trips and have an effective period equal to the duration of the trip but not exceeding 01 year;

g) There are two types of vehicle cross-border transport permits for non-commercial vehicle travelling between Vietnam - Cambodia (other than ambulances and fire engines exempted from the permit according to Vietnam-Cambodia Road Transport Agreement): Type 1 permit allows for multiple trips, each of which lasts no more than 30 days and has an effective period of up to 01 year; type 2 permit allows for a single trip and has an effective period of up to 30 days.

3. The effective period of a vehicle cross-border transport permit issued to a vehicle must not exceed the service life of such vehicle.

Section 2. PROCEDURES FOR ISSUANCE, REISSUANCE, REVOCATION OF ASEAN CROSS-BORDER TRANSPORT PERMITS AND ASEAN VEHICLE CROSS-BORDER TRANSPORT PERMITS

Article 30. Issuance and re-issuance of ASEAN cross-border transport permits

1. Eligibility:

ASEAN cross-border transport permits are issued to Vietnamese transport businesses having ASEAN international road transport activities.

2. Composition of the application: Application form No. 01 in Appendix VII of this Decree.

3. Issuing authority: Department for Roads of Vietnam

4. Procedures:

a) The transport business shall submit 01 application for the issuance or re-issuance of the ASEAN cross-border transport permit to the issuing authority in person, online or by post;

b) The issuing authority shall receive and examine the application. In case the application is received in person or by post, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the ASEAN cross-border transport permit according to Form No. 02 in Appendix VII of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

d) Results shall be provided in person at the competent authority or by post.

5. In case the ASEAN cross-border transport permit is damaged or lost, its holder (transport enterprise) shall prepare an application for re-issuance according to the provisions of Clauses 2 and 4 of this Article.

Article 31. Revocation of ASEAN cross-border transport permits

1. The issuing authority shall revoke the ASEAN cross-border transport permit when the transport business commits one of the following violations:

a) Perform a type of transport not specified in the ASEAN cross-border transport permit;

b) The license for transport business by automobiles is revoked by a competent authority;

c) A specialized regulatory agency at the border checkpoint requests the revocation because of violations related to import and export activities at the checkpoint, regulations on management of activities at the checkpoint area;

d) The transport business is terminated as prescribed by law.

2. Procedures:

a) The issuing authority shall issue a decision to withdraw the ASEAN cross-border transport permit and send it to the transport business, regulatory agencies at the border checkpoint and relevant agencies; post information on the website of the issuing authority and simultaneously notify ASEAN member states in writing for joint management;

b) Within 15 days after the issuing authority signs the decision on revocation of the ASEAN cross-border transport permit, the transport business must turn in the ASEAN cross-border transport permit and all ASEAN vehicle cross-border transport permits to the issuing authority, and terminate all ASEAN road transport business activities under the revocation decision.

In case the transport business turns in the ASEAN cross-border transport permit and all ASEAN vehicle cross-border transport permits under the revocation decision, the issuing authority shall not reissue the ASEAN cross-border transport permit for 30 days from the day on which the transport business turns in the ASEAN cross-border transport permit and all ASEAN vehicle cross-border transport permits under the revocation decision.

In case the transport business fails to turn in or fully turn in the ASEAN cross-border transport permit and the ASEAN vehicle cross-border transport permits under the revocation decision, the issuing authority shall not reissue the ASEAN cross-border transport permit for 45 days from the day on which the transport business turns in the ASEAN cross-border transport permit and all ASEAN vehicle cross-border transport permits under the revocation decision. After this 45-day period, if the transport business wishes to resume the business, it shall follow the procedures for issuance of the ASEAN cross-border transport permit and all ASEAN vehicle cross-border transport permits prescribed by this Decree.

Article 32. Issuance and re-issuance of ASEAN vehicle cross-border transport permits

1. Eligibility:

ASEAN vehicle cross-border transport permits are issued to vehicles under the lawful use rights of transport businesses that have been granted ASEAN cross-border transport permits.

2. Composition of application:

a) Application form No. 03, Appendix VII of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, the business cooperation contract, or the finance lease contract (in case of finance lease).

3. Issuing authority: Department for Roads of Vietnam

4. Procedures:

a) The transport business shall submit 01 application for the issuance or re-issuance of the ASEAN vehicle cross-border transport permit to the issuing authority in person, online or by post;

b) The issuing authority shall receive and examine the application. In case the application is received in person or by post, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the ASEAN vehicle cross-border transport permit according to Form No. 04 in Appendix VII of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

d) Results shall be provided in person at the competent authority or by post.

5. When an ASEAN vehicle cross-border transport permit expires or runs out of pages for seals to be appended by border authority, its holder (transport business) shall submit an application for re-issuance of the permit in accordance with Clause 2 and Clause 4 of this Article; In case an ASEAN vehicle cross-border transport permit is lost or damage, its holder shall submit an application for re-issuance of the permit in accordance with Point a Clause 2 and Clause 4 of this Article.

Article 33. Revocation of ASEAN vehicle cross-border transport permits

1. The issuing authority shall revoke the ASEAN vehicle cross-border transport permit when the transport business commits one of the following violations:

a) Failure to comply with the contents of the vehicle cross-border transport permit during transport across ASEAN countries’ borders;

b) Failure to carry out transport across ASEAN countries’ borders within 03 months from the date of issuance of the vehicle cross-border transport permit;

c) Failure to conduct at least 03 trips of transport across ASEAN countries’ borders within 06 consecutive months (a trip includes both the outgoing trip and return trip);

d) The license for transport business by automobiles or ASEAN cross-border transport permit or vehicle permit sticker is revoked by a competent authority;

dd) The time limit for re-import of the vehicle into Vietnam has expired, except in cases of natural disasters, accidents or force majeure events.

e) Providing copies that differ from originals or false information in the application for the ASEAN vehicle cross-border transport permit, or committing dishonest acts in order to obtain the ASEAN vehicle cross-border transport permit.

2. Procedures:

a) The issuing authority shall issue a decision to revoke the ASEAN vehicle cross-border transport permit and send it to the transport business, regulatory agencies at the border checkpoint and relevant agencies; post information on the website of the issuing authority and simultaneously notify ASEAN member states in writing for joint management;

b) Within 10 days after the issuing authority issues the decision on revocation of the ASEAN vehicle cross-border transport permit, the transport business must turn in the ASEAN vehicle cross-border transport permit to the issuing authority, and stop using the vehicle for transport business across ASEAN countries’ borders.

After the ASEAN vehicle cross-border permit is turned in by the transport business under the revocation decision, the issuing authority shall not issue or reissue the ASEAN vehicle cross-border permit for 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in. After 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which the permit is turned in, if transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the permit in accordance with regulations of this Decree.

If the ASEAN vehicle cross-border permit is not turned in by the transport business by the aforesaid deadline, the issuing authority shall not issue or reissue the ASEAN vehicle cross-border permit for 45 days (90 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in under the revocation decision. After this period, if the transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the ASEAN vehicle cross-border permit in accordance with regulations of this Decree;

c) ASEAN vehicle cross-border permits will not be issued or reissued to transport businesses that fail to comply with revocation decisions. After the transport business has fully complied with the revocation decision, the issuing authority will carry on the procedures specified in this Decree. In case the transport business sends the issuing authority a written notification of the loss of the ASEAN vehicle cross-border permit after a revocation decision is issued, the issuing authority will not issue or reissue the ASEAN vehicle cross-border permit for 60 days from the day on which the transport business’ notification is received.

Article 34. Extension of operation period in Vietnam for vehicles of countries implementing the ASEAN framework agreements on cross-border road transport

1. Eligibility: Vehicles of countries implementing the ASEAN Framework Agreements on cross-border road transport operating beyond the operation period in Vietnam specified in their ASEAN vehicle cross-border transport permits in case of force majeure events.

2. Extending authorities: Departments of Transport of provinces and central-affiliated cities where the vehicles encounter the force majeure events.

3. Composition of application:

a) The request form No. 05, Appendix VII of this Decree;

b) ASEAN vehicle cross-border transport permit (original).

4. Procedures:

a) Submit 01 application in person to the Department of Transport of the province/city where the vehicle encounters the force majeure event;

b) Within 02 working days from the date of receipt of the satisfactory application, the competent authority shall extend the operation time for the vehicle of the country implementing the ASEAN framework agreements on cross-border road transport. If the application is rejected, the competent authority shall respond in writing and provide explanation.

Section 3. PROCEDURES FOR ISSUANCE, REISSUANCE, REVOCATION OF GMS ROAD TRANSPORT PERMITS AND GMS VEHICLE PERMITS

Article 35. Issuance and re-issuance of GMS road transport permits

1. Eligibility: GMS road transport permits are granted to Vietnamese transport businesses that conduct transport business under Greater Mekong Subregion Cross-Border Transport Agreement (GMS-CBTA).

2. Composition of the application: Application form No. 01 in Appendix VIII of this Decree.

3. Issuing authority: Department for Roads of Vietnam

4. Procedures:

a) The transport business shall submit 01 application for the issuance or re-issuance of the GMS road transport permit to the issuing authority in person, online or by post;

b) The issuing authority shall receive and examine the application. In case the application is received in person or by post, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the GMS road transport permit according to Form No. 02 in Appendix VIII of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

d) Results shall be provided in person at the competent authority or by post.

5. In case the GMS road transport permit is damaged or lost, the transport business shall make an application for re-issuance of the permit according to the provisions of Clauses 2 and 4 of this Article.

Article 36. Revocation of GMS road transport permits

1. The issuing authority shall revoke the GMS road transport permit when the transport business commits one of the following violations:

a) Perform a type of transport not specified in the GMS road transport permit;

b) The license for transport business by automobiles is revoked by a competent authority;

c) A specialized regulatory agency at the border checkpoint requests the revocation because of violations related to import and export activities at the checkpoint, regulations on management of activities at the checkpoint area;

d) The transport business is terminated as prescribed by law.

2. Procedures:

a) The issuing authority shall issue a decision to withdraw the GMS road transport permit and send it to the transport business, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the issuing authority and simultaneously notify in writing GMS-CBTA member states for joint management;

b) Within 15 days after the issuing authority signs the decision on revocation of the GMS road transport permit, the transport business must turn in the GMS road transport permit, all GMS vehicle permits and the Motor Vehicle Temporary Admission Documents (hereinafter referred to as “TAD”) to the issuing authority, and terminate all GMS-CBTA road transport business activities under the revocation decision.

In case the transport business turns in the GMS road transport permit, all GMS vehicle permits and TADs under the revocation decision, the issuing authority shall not reissue the GMS road transport permit for 30 days from the day on which the transport business turns in the GMS road transport permit, all GMS vehicle permits and TADs under the revocation decision.

In case the transport business fails to turn in or fully turn in the GMS road transport permit, all GMS vehicle permits and TADs under the revocation decision, the issuing authority shall not reissue the GMS road transport permit for 45 days from the day on which the transport business turns in the GMS road transport permit, all GMS vehicle permits and TADs under the revocation decision. After this 45-day period, if the transport business wishes to resume the business, it shall follow the procedures for issuance of the GMS road transport permit, GMS vehicle permits and TADs prescribed by this Decree.

Article 37. Issuance and re-issuance of GMS vehicle permits or TADs

1. Eligibility: GMS vehicle permits or TADs are issued to vehicles under the lawful use rights of transport businesses that have been issued with GMS road transport permits.

2. Composition of application:

a) Application form No. 03 in Appendix VIII of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, the business cooperation contract, or the finance lease contract (in case of finance lease).

3. Issuing authority: Department for Roads of Vietnam

4. Procedures:

a) The transport business shall submit 01 application for the issuance of a GMS vehicle permit or TAD to the issuing authority in person, online or by post;

b) The issuing authority shall receive and examine the application. In case the application is received in person or by post, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the GMS vehicle permit according to Form No. 04 in Appendix VIII or issue the TAD according to form No. 05 in Appendix VIII of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

d) Results shall be provided in person at the competent authority or by post.

5. When an GMS vehicle permit or TAD expires or runs out of pages for seals to be appended by border authority, its holder (transport business) shall submit an application for re-issuance in accordance with Clause 2 and Clause 4 of this Article; In case an GMS vehicle permit or TAD is lost or damage, its holder shall submit an application for re-issuance in accordance with Point a Clause 2 and Clause 4 of this Article.

Article 38. Revocation of GMS vehicle permit or TAD

1. The issuing authority shall withdraw the GMS vehicle permit or TAD when the transport business commits one of the following violations:

a) Failure to comply with the contents of the permit or TAD when performing transport activities under GMS-CTBA;

b) Failure to carry out transport activities under GMS-CTBA within 03 months from the date of issuance of the permit or TAD;

c) Failure to conduct at least 03 trips of transport under GMS-CBTA within 06 consecutive months (a trip includes both the outgoing trip and return trip);

d) The license for transport business by automobiles or GMS road transport permit or vehicle permit sticker is revoked by a competent authority;

dd) The time limit for re-import of the vehicle into Vietnam has expired, except in cases of natural disasters, accidents or force majeure events.

e) Providing copies that differ from originals or false information in the application for the GMS vehicle permit or TAD, or committing dishonest acts in order to obtain the GMS vehicle permit or TAD.

2. Procedures:

a) The issuing authority shall issue a decision to revoke the GMS vehicle permit or TAD and send it to the transport business, regulatory agencies at the border checkpoint and relevant agencies; post information on the website of the issuing authority and simultaneously notify in writing GMS-CBTA Parties for joint management;

b) Within 10 days after the issuing authority issues the decision on revocation of the GMS vehicle permit or TAD, the transport business must turn in the GMS vehicle permit or TAD to the issuing authority, and stop using the vehicle for GMS-CBTA transport business.

After the GMS vehicle permit or TAD is turned in by the transport business under the revocation decision, the issuing authority shall not issue or reissue the GMS vehicle permit or TAD for 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in. After 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which the GMS vehicle permit or TAD is turned in, if the transport business wishes to continue to use the vehicle for business operation, it may apply for issuance in accordance with regulations of this Decree.

If the GMS vehicle permit or TAD is not turned in by the transport business by the aforesaid deadline, the issuing authority shall not issue or reissue the GMS vehicle permit or TAD for 45 days (90 days if the violation is repeated within 06 consecutive months) from the day on which the GMS vehicle permit or TAD is turned in under the revocation decision. After this period, if the transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the GMS vehicle permit or TAD in accordance with regulations of this Decree;

c) GMS vehicle permits or TADs will not be issued or reissued to transport businesses that fail to comply with revocation decisions. After the transport business has fully complied with the revocation decision, the issuing authority will carry on the procedures specified in this Decree. In case the transport business sends the issuing authority a written notification of the loss of the GMS vehicle permit or TAD after a revocation decision is issued, the issuing authority will not issue or reissue the GMS vehicle permit or TAD for 60 days from the day on which the transport business’ notification is received.

Article 39. Extension of operation period in Vietnam for vehicles of countries implementing the GMS agreement

1. Eligibility: Vehicles of countries implementing the GMS-CBTA beyond the operation period in Vietnam specified in the GMS vehicle permit or TAD in case of force majeure events.

2. Extending authorities: Departments of Transport of provinces and central-affiliated cities where the vehicles encounter the force majeure events.

3. Composition of application:

a) The request form No. 06, Appendix VIII of this Decree;

b) The GMS vehicle permit or TAD (original).

4. Procedures:

a) Submit 01 application in person to the Department of Transport of the province/city where the vehicle encounters the force majeure event;

b) Within 02 working days from the date of receipt of the satisfactory application, the competent authority shall extend the operation time for the vehicle of the country implementing the GMS-CBTA. If the application is rejected, the competent authority shall respond in writing and provide explanation.

Section 4. PROCEDURES FOR ISSUANCE, REISSUANCE, REVOCATION OF VIETNAM - LAOS - CAMBODIA VEHICLE CROSS - BORDER TRANSPORT PERMIT

Article 40. Issuance and re-issuance of Vietnam - Laos - Cambodia vehicle cross-border transport permits

1. Eligibility: Vietnam - Laos - Cambodia vehicle cross-border transport permits are issued to vehicles of organizations and individuals, transport businesses that meet the conditions prescribed by law on road transport between Vietnam, Laos and Cambodia.

2. Composition of application for commercial vehicle:

a) Application form No. 01, Appendix IX of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, the business cooperation contract, or the finance lease contract (in case of finance lease).

3. Composition of application for non-commercial vehicle:

a) Application form No. 02, Appendix IX of this Decree;

b) The certificate of automobile registration (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the applicant, enclose documents proving the applicant’s lawful right to use the vehicle (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers);

c) If the applicant is an enterprise executing a construction work, project or business operation in Laos or Cambodia, the contract or documents proving the enterprise is executing a construction work, project or business operation in Laos or Cambodia (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers; Vietnamese translation of the contract which is authenticated or certified by a notary office if the contract is written in a foreign language)

4. Department for Roads of Vietnam shall issue permits to the following commercial vehicles: contracted passenger transport vehicles. cargo transport vehicles;

5. Departments of Transport shall issue Vietnam - Laos - Cambodia vehicle cross-border transport permits to fixed route passenger transport vehicles and non-commercial vehicles of organizations and individuals in their provinces/cities.

6. Department of Transport of the province/city where there is a border checkpoint with Laos and Cambodia according to the Appendix to the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic and the Socialist Republic of Vietnam on road transport and issuance of permits to non-commercial vehicles of organizations and individuals located in other provinces of Vietnam to pass through their border checkpoints in their provinces.

7. Procedures:

b) The applicant shall submit 01 application to the issuing authority in person, online or by post. The issuing authority shall receive and examine the application. In case the application is received in person or by post, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the Vietnam - Laos - Cambodia vehicle cross-border transport permit according to Form No. 03 (for commercial vehicles) or form No. 04 (for non-commercial vehicles) in Appendix IX of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

c) Results shall be provided in person at the competent authority or by post.

8. When a Vietnam - Laos - Cambodia vehicle cross-border transport permit expires or runs out of pages for seals to be appended by border authority, its holder (transport business) shall submit an application for re-issuance of the permit in accordance with Clause 2, Clause 3 and Clause 7 of this Article; In case a Vietnam - Laos - Cambodia vehicle cross-border transport permit is lost or damage, its holder shall submit an application for re-issuance of the permit in accordance with Point a Clause 2, Point a Clause 3 and Clause 7 of this Article.

Article 41. Revocation of Vietnam - Laos - Cambodia vehicle cross-border transport permits

1. The issuing authority shall revoke the Vietnam - Laos - Cambodia vehicle cross-border transport permit when the transport business commits one of the following violations:

a) Failure to comply with the contents of the Vietnam - Laos - Cambodia vehicle cross-border transport permit;

b) Failure to carry out transport activities across the borders between Vietnam, Laos and Cambodia within 03 months from the issuance date of the permit (only applicable to Vietnam - Laos - Cambodia vehicle cross-border transport permits issued to commercial vehicles);

c) Failure to carry out at least 03 trips (both outgoing trip and return trip) of transport across the borders between Vietnam, Laos and Cambodia within 06 consecutive months (only applicable to Vietnam - Laos - Cambodia vehicle cross-border transport permits issued to commercial vehicles);

d) The time limit for re-import of the vehicle into Vietnam has expired, except in cases of natural disasters, accidents or force majeure events;

dd) The license for transport business by automobiles or Vietnam - Laos cross-border transport permit or Vietnam - Cambodia cross-border transport permit or vehicle permit sticker is revoked by a competent authority (only applicable to Vietnam - Laos - Cambodia vehicle cross-border transport permits issued to commercial vehicles)

e) Providing copies that differ from originals or false information in the application for the Vietnam - Laos - Cambodia vehicle cross-border transport permit, or committing dishonest acts in order to obtain the Vietnam - Laos - Cambodia vehicle cross-border transport permit.

2. Procedures:

a) The issuing authority shall issue a decision to revoke the Vietnam - Laos - Cambodia vehicle cross-border transport permit and send it to its holder, regulatory agencies at the border checkpoint and relevant agencies; post information on the website of the issuing authority;

b) Within 10 days after the issuing authority issues the decision on revocation of the Vietnam - Laos - Cambodia vehicle cross-border transport permit, the transport business must turn in the permit to the issuing authority, and stop using the vehicle for transport business across the borders of Vietnam, Laos and Cambodia.

After the Vietnam - Laos - Cambodia vehicle cross-border transport permit is turned in by the transport business under the revocation decision, the issuing authority shall not issue or reissue the Vietnam - Laos - Cambodia vehicle cross-border transport permit for 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in. After 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which the permit is turned in, if transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the permit in accordance with regulations of this Decree.

If the Vietnam - Laos - Cambodia vehicle cross-border transport permit is not turned in by the transport business by the aforesaid deadline, the issuing authority shall not issue or reissue the permit for 45 days (90 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in under the revocation decision. After this period, if the transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the Vietnam - Laos - Cambodia vehicle cross-border transport permit in accordance with regulations of this Decree;

c) Vietnam - Laos - Cambodia vehicle cross-border transport permits will not be issued or reissued to transport businesses that fail to comply with revocation decisions. After the transport business has fully complied with the revocation decision, the issuing authority will carry on the procedures specified in this Decree. In case the transport business sends the issuing authority a written notification of the loss of the Vietnam - Laos - Cambodia vehicle cross-border transport permit after a revocation decision is issued, the issuing authority will not issue or reissue the Vietnam - Laos - Cambodia vehicle cross-border transport permit for 60 days from the day on which the transport business’ notification is received.

Article 42. Extension of operation period in Vietnam for vehicles of Laos and Cambodia

1. Vehicles of Laos or Cambodia operating in Vietnam beyond the operation period specified in the vehicle cross-border transport permit due to force majeure events may have the operation period extended 01 time for no more than 10 days.

2. Extending authorities: Departments of Transport of provinces and central-affiliated cities where the vehicles encounter the force majeure events.

3. Composition of application:

a) The request form No. 05, Appendix IX of this Decree;

b) The Vietnam - Laos - Cambodia vehicle cross-border transport permit (original).

4. Procedures:

a) Submit 01 set of application in person to the Department of Transport of the province/city where the vehicle encounters the force majeure event;

b) Within 02 working days from the date of receipt of the satisfactory application, the competent authority shall extend the operation time for the vehicle of Laos or Cambodia. The extension can be granted in the form of a separate document or an entry in the vehicle permit. If the application is rejected, the competent authority shall respond in writing and provide explanation.

Article 43. Procedures for registration, suspension of route operation, addition or replacement of vehicles for fixed route passenger transport between Vietnam, Laos and Cambodia

1. Eligibility:

Transport businesses that satisfy all conditions under current regulations may register to operate fixed routes of passenger transport between Vietnam, Laos and Cambodia.

2. Composition of application:

a) The application form No. 06, Appendix IX of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, the business cooperation contract or the finance lease contract (in case of finance lease);

c) Plan to operate the fixed route of passenger transport between Vietnam, Laos and Cambodia according to Form No. 07 in Appendix IX of this Decree;

d) Cooperation contract between the Vietnamese transport business and the partner of Laos and/or Cambodia (copy, authenticated copy or authenticated electronic copy of the original or electronic copy extracted from the master register, or the original for comparison).

3. Registries: Departments of Transport.

4. Procedures:

a) The transport business shall submit 01 application to the Department of Transport in person, online or by post. The Department of Transport shall receive and examine the application. In case the application is received in person or by post, the receiving official shall update information in the application to the online public service system of the Department of Transport. In case the application needs to be revised or supplemented, the Department of Transport shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of the satisfactory application, the Department of Transport shall issue a written notice of operation of the fixed route of passenger transport according to Form No. 08 Appendix IX of this Decree and give a certification in the cooperation contract of the transport business. In case the application is rejected, the Department of Transport shall respond in writing or via the online public service system and provide explanation;

c) Results shall be provided in person at the Department of Transport or by post.

5. The written notice of route operation expires in case the transport business fails to put the vehicle into operation within 60 days from its effective date.

6. A fixed route of passenger transport between Vietnam, Laos and Cambodia must start and end in the Vietnamese territory, at a bus station of class 01 to class 04 (or a bus station of class 05 in a poor district) according to regulations of the Government.

7. All vehicles used for fixed route passenger transport between Vietnam, Laos and Cambodia shall have dispatch orders. A dispatch order shall be issued to each outgoing and return trip (in case the trip is made in many days), or on daily basis (in case of multiple trips in a day). Dispatch orders shall be issued by the transport business according to Form No. 09 in Appendix IX of this Decree and numbered by year for management.

8. Addition, replacement of vehicles for fixed route operation

a) A transport business operating a route may add or replace vehicles;

b) The application for registration of addition or replacement of vehicles shall be prepared according to Clause 2 of this Article using application form No. 06 in Appendix IX hereof;

c) Procedures in Clause 4 of this Article shall be followed.

9. Suspension of route operation, suspension of vehicles operating fixed routes between Vietnam, Laos and Cambodia

a) When the operation of a route or vehicle operating on the route has to be suspended, the transport business submit notification Form No. 10 in Appendix IV of this Decree to the competent authority and the frontline station on the Vietnamese side, return the notice of route operation, the international vehicle registration code, and the vehicle cross-border transport permit of the suspended vehicle to the competent authority.

The transport business is only allowed to suspend a route or vehicle after a noticed has been posted at the frontline bus station on the Vietnamese side for at least 10 days;

b) Within 02 working days from the date of receipt of the notification, the competent authority shall issue a notice of suspension of route operation using Form No. 11 of Appendix VI of this Decree and make a public announcement for other transport businesses to register for operation.

10. Adjusting the frequency of vehicle operation on the route

a) At least 10 days before adjusting the frequency of vehicle operation on the route, the transport business must send a written notice according to Form No. 12 in Appendix VI of this Decree to the competent authority and the frontline bus station on the Vietnamese side;

b) Within 02 working days from the date of receipt of the written request, the competent authority shall issue a notice of adjustment of frequency of vehicle operation on the route according to Form No. 13 in Appendix VI of this Decree.

Section 5. PROCEDURES FOR ISSUANCE, RE-ISSUANCE, REVOCATION OF VIETNAM – CHINA CROSS-BORDER TRANSPORT PERMITS

Article 44. Vietnam - China cross-border transport permits

A Vietnam - China cross-border transport permit is a permit specified in the Protocol between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China on the implementation of The Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China signed on October 11, 2011 includes:

1. Type A transport permits shall be issued to vehicles transporting passengers (including tourists) periodically and valid for multiple entries and exits in the year, applicable to vehicles operating on the routes between border regions of the two countries.

2. Type B transport permits shall be issued to vehicles transporting passengers (including tourists) non-periodically and valid for a single entry and exit in the year, applicable to vehicles operating on routes between border regions of the two countries and official vehicles.

3. Type C transport permits shall be issued to cargo transport vehicles and valid for a single entry and exit in the year, applicable to cargo transport vehicles operating on routes between border regions of the two countries.

4. Type D transport permits shall be issued to vehicles transporting dangerous goods and oversize load, valid for a single entry and exit in the year.

5. Type E transport permits shall be issued to vehicles transporting passengers (including tourists) periodically and valid for multiple entries and exits in the year, applicable to vehicles operating on inner routes of the two countries.

6. Type F transport permits shall be issued to means of passenger transport (including tourists) non-periodically and valid for a single entry and exit in the year, applicable to vehicles operating on inner routes of the two countries official vehicles.

7. Type G transport permits shall be issued to cargo transport vehicles and valid for a single entry and exit in the year, applicable to cargo transport vehicles operating on inner routes of the two countries

Article 45. Issuance and re-issuance of Types A, B, C, E, F, G Vietnam - China cross-border transport permits to Vietnamese vehicles

1. Eligibility: Types A, B, C, E, F, G permits are issued to vehicles of transport businesses and official vehicles of Vietnam.

2. Composition of an application for issuance or re-issuance of the permit for a commercial vehicle:

a) Application form No. 01 in Appendix X of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, the business cooperation contract, or the finance lease contract (in case of finance lease).

3. Composition of an application for issuance or re-issuance of the permit for a official vehicle:

a) Application form No. 02 in Appendix X of this Decree;

b) Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the automobile registration certificate;

c) Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the invitation letter from the Chinese side, clearly stating the route, checkpoint and invitation time (in case the original is not in Vietnamese or English, a Vietnamese or English translation must be included);

d) Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the secondment decision.

4. Issuing authorities:

a) Department for Roads of Vietnam shall issue: Type E transport permits; Type F, G transport permits for the first time in the year (from January 1^st to December 31^st);

b) Departments of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, Lai Chau shall issue: Type A, B, C transport permits; Type F, G transport permits for the second time in the year.

5. Procedures for issuing Type A, class E transport permits; initial Type B, C, F, G transport permits (the first time in the year):

b) The applicant shall submit 01 application to the issuing authority in person, online or by post. In case the application is received in person or by post, the issuing authority, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the transport permit according to Form No. 03, 04, 05, 07, 08 and 09 in Appendix X of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

c) Results shall be provided in person at the issuing authority or by post.

After issuing Type F and G transport permits for the first time in a year, Department for Roads of Vietnam shall notify the list of vehicles issued with the permits to the Departments of Transport of the provinces specified in Clause 4 of this Article.

6. Procedures for issuing subsequent Type B, C, F, G transport permits (the second time onward in the year):

a) Drivers or employers of the transport businesses that have been issued with a Type B, C, F, G permit shall present the automobile registration certificate to the Departments of Transport of the provinces specified in Clause 4 f this Article.

b) On the basis of the vehicles to which initial Type B, C, F, G transport permits are issued, Departments of Transport of provinces specified in Clause 4 of this Article shall issue subsequent Type B, C, F, G transport.

7. In case a Type A, B, C, E, F, G transport permit for a Vietnamese vehicle is damaged or lost, its holder (transport business) shall prepare an application for re-issuance of the permit according to the provisions of Point a Clauses 2, 3, 5 and 6 of this Article.

Article 46. Letter of referral for issuance of Type D Vietnam - China cross-border transport permits to Vietnamese vehicles

1. Type D transport permits are issued by Chinese authorities to Vietnamese vehicles. Before submitting an application for issuance of the permit to the Chinese authority, the transport business shall apply for a letter of referral as prescribed in Clauses 2 and 4 of this Article.

2. Composition of an application for the letter of referral:

a) Application form No. 10 in Appendix III of this Decree;

b) The permit to transport oversize load or dangerous goods issued by a competent Vietnamese authority (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers);

3. Referring authorities: Departments of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai provinces shall, on the basis of the transport routes and pairs of border checkpoints, refer Vietnamese transport businesses to Chinese authorities.

4. Procedures:

a) The applicant shall submit 01 application to the referring authority. The referring authority shall receive and examine the application. In case the application is received in person or by post, the issuing authority, the receiving official shall update information in the application to the online public service system of the referring authority. In case the application needs to be revised or supplemented, the referring authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date on which the satisfactory application is received, the Department of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, or Lao Cai province shall refer the applicant to the Chinese authority. In case the application is rejected, the Department of Transport shall send a notification in writing or via the online public service system and provide explanation;

c) Results shall be provided in person at the referring authority or post service as per regulations.

Article 47. Issuance of Type D Vietnam - China cross-border transport permits to Chinese vehicles

1. Type D transport permits are issued by a Vietnamese authorities to Chinese vehicles on the basis of letter of referrals from Chinese authorities.

2. Composition of application:

a) Application form No. 11 in Appendix X of this Decree;

b) Letter of referral from a Chinese authority (copy enclosed with certified translations of papers and documents from Chinese to Vietnamese or English in case the original is not bilingual in Vietnamese and Chinese or Chinese and English);

c) The permit to transport oversize load or dangerous goods issued by a Vietnamese authority (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers);

d) The letter of referral from a Chinese authority (a copy enclosed with certified translations of papers and documents from Chinese to Vietnamese or English in case the original is not bilingual in Vietnamese and Chinese or Chinese and English);

dd) The certificate of technical safety and environmental safety (a copy enclosed with certified translations of papers and documents from Chinese to Vietnamese or English in case the original is not bilingual in Vietnamese and Chinese or Chinese and English);

3. Issuing authorities: Departments of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, Lai Chau provinces shall, on the basis of transport routes and pairs of border checkpoints under their jurisdiction, issue Types D permits to Chinese vehicles.

4. Procedures:

a) The applicant shall submit 01 application to the issuing authority. The issuing authority shall receive and examine the application. In case the application is received in person or by post, the issuing authority, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the Type D transport permit according to Form No. 06 in Appendix X of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

c) Results shall be provided in person at the competent authority or by post.

Article 48. Revocation of Vietnam - China cross-border transport permits

1. The issuing authority shall revoke the Vietnam - China cross-border transport permit when the transport business commits one of the following violations:

a) Failure to comply with the contents stated in the permit when conducting transport activities between Vietnam and China;

b) The license for transport business by automobiles or the vehicle permit of vehicle is revoked by a competent authority;

c) The time limit for re-import of the vehicle into Vietnam has expired, except in cases of natural disasters, accidents or force majeure events;

d) Providing copies that differ from originals or false information in the application for the Vietnam - China cross-border transport permit, or committing dishonest acts in order to obtain the Vietnam - China cross-border transport permit.

2. Procedures:

a) The issuing authority shall issue a decision to revoke the Vietnam - China cross-border transport permit and send it to the transport business, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the issuing authority and simultaneously notify the Chinese authority for joint management;

b) Within 10 days after the issuing authority issues the decision on revocation of the Vietnam - China cross-border transport permit, the transport business must turn in the permit to the issuing authority, and stop using the vehicle for transport business between Vietnam and China.

After the Vietnam - China cross-border transport permit is turned in by the transport business under the revocation decision, the issuing authority shall not issue or reissue the Vietnam - China cross-border transport permit for 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in. After 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which the permit is turned in, if transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the permit in accordance with regulations of this Decree.

If the Vietnam - China cross-border transport permit is not turned in by the transport business by the aforesaid deadline, the issuing authority shall not issue or reissue the permit for 45 days (90 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in under the revocation decision. After this period, if the transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the Vietnam - China cross-border transport permit in accordance with regulations of this Decree;

c) Vietnam - China vehicle cross-border transport permits will not be issued or reissued to transport businesses that fail to comply with revocation decisions. After the transport business has fully complied with the revocation decision, the issuing authority will carry on the procedures specified in this Decree. In case the transport business sends the issuing authority a written notification of the loss of the Vietnam - China vehicle cross-border transport permit after a revocation decision is issued, the issuing authority will not issue or reissue the Vietnam - China vehicle cross-border transport permit for 60 days from the day on which the transport business’ notification is received.

Article 49. Extension of operation period in Vietnam for Chinese vehicles

1. Chinese vehicles operating in Vietnam beyond the operation period specified in the Vietnam - China cross-border transport permit due to force majeure events may have the operation period extended 01 time for no more than 10 days

2. Extending authorities: Departments of Transport of provinces and central-affiliated cities where the vehicles are operating.

3. Composition of application:

a) The request form No. 12, Appendix X of this Decree;

b) The Vietnam - China cross-border transport permit (original).

4. Procedures:

a) Submit 01 set of application in person to the Department of Transport of the province/city the vehicle is operating;

b) Within 02 working days from the date of receipt of the satisfactory application, the competent authority shall extend the operation time for the Chinese vehicle. If the application is rejected, the competent authority shall respond in writing and provide explanation.

Article 50. Procedures for registration, suspension of route operation, addition or replacement of scheduled passenger transport vehicles between Vietnam and China

1. Applicants for registration to operate the scheduled passenger transport routes between Vietnam and China:

Transport businesses that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam and China.

2. Composition of application for registration of scheduled passenger transport routes between Vietnam and China:

a) Application form No. 13, Appendix X of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, the business cooperation contract or the finance lease contract (in case of finance lease);

c) Plan to operate the scheduled passenger transport route between Vietnam and China according to Form No. 14, Appendix III of this Decree.

3. Route-operating authorities:

a) Department for Roads of Vietnam shall announce the operation of scheduled passenger transport routes between Vietnam and China for inner routes of the two countries;

b) Departments of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai provinces shall announce the operation of scheduled passenger transport routes between Vietnam and China between border regions of the two countries within their provinces.

4. Procedures for registration to operate the scheduled passenger transport route between Vietnam and China:

a) The transport business shall submit 01 application in person, online or by post. After receiving and examining the application, the receiving official shall update information in the application to the online public service system of the route-operating authority. In case the application needs to be revised or supplemented, the route-operating authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of the satisfactory application, the route-operating authority shall issue a written notice of operation of the scheduled passenger transport route according to Form No. 15 Appendix X of this Decree. In case the application is rejected, the route-operating authority shall respond in writing or via the online public service system and provide explanation;

c) Results shall be provided in person at the route-operating authority or by post as per regulations.

5. Addition, replacement of vehicles operating scheduled passenger transport routes between Vietnam and China

a) A transport business operating on the route is entitled to supplement or replace vehicles for operation on the route;

b) The application for registration of addition or replacement of vehicles shall be prepared according to Clause 2 of this Article using application form No. 13 in Appendix X hereof;

c) Procedures in Clause 4 of this Article shall be followed.

6. Suspension of route operation and vehicles operating scheduled passenger transport routes between Vietnam and China:

a) The transport business must send a written notification according to form No. 16 in Appendix X of this Decree to the route-operating authority and the frontline bus station on the Vietnamese side and may only stop operating only after it has been posted at the frontline bus station on the Vietnamese side for at least 10 days;

b) Within 02 working days from the date of receipt of the notification, the competent authority shall issue a notice of suspension of route operation using Form No. 15 of Appendix X of this Decree and make a public announcement for other transport businesses to register for operation.

7. The written notice of route operation expires in case the transport business fails to put the vehicle into operation within 60 days from its effective date.

Section 6. PROCEDURES FOR ISSUANCE, REISSUANCE, REVOCATION OF VIETNAM – LAOS CROSS-BORDER TRANSPORT PERMITS AND VIETNAM – LAOS VEHICLE CROSS-BORDER TRANSPORT PERMITS

Article 51. Issuance and re-issuance of Vietnam - Laos cross-border transport permits

1. Eligibility: Vietnam - Laos cross-border transport permits are issued to transport businesses of Vietnam which meets the requirements in Article 19 of the Protocol on the implementation of the Agreement on facilitation of transport road motor vehicles crossing the border between the Government of the Socialist Republic of Vietnam and the Government of Lao People's Democratic Republic.

2. Composition of application:

a) Application form No. 01, Appendix XI of this Decree;

b) The transport business plan according to Form No. 02, Appendix XI of this Decree.

3. Issuing authorities: Departments of Transport of provinces and centrally affiliated cities.

4. Procedures:

a) The transport business shall submit 01 application for the issuance or re-issuance of the Vietnam - Laos cross-border transport permit to the issuing authority in person, online or by post;

b) The issuing authority shall receive and examine the application. In case the application is received in person or by post, the issuing authority, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the Vietnam - Laos cross-border transport permit according to Form No. 03 in Appendix XI of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

d) Results shall be provided in person at the competent authority or by post.

5. In case the Vietnam - Laos cross-border transport permit is damaged or lost, the transport business shall make an application for re-issuance according to the provisions of Clauses 2 and 4 of this Article.

Article 52. Revocation of Vietnam - Laos cross-border transport permits

1. The issuing authority shall revoke the Vietnam - Laos cross-border transport permits when the transport business commits one of the following violations:

a) Perform a type of transport not specified in the Vietnam - Laos cross-border transport permit;

b) The license for transport business by automobiles is revoked by a competent authority;

c) A specialized regulatory agency at the border checkpoint requests the revocation because of violations related to import and export activities at the checkpoint, regulations on management of activities at the checkpoint area;

d) The transport business is terminated as prescribed by law.

2. Procedures:

a) The issuing authority shall issue a decision to revoke the Vietnam - Laos cross-border transport permit and send it to the transport business, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the issuing authority;

b) Within 15 days after the issuing authority signs the decision on revocation of the Vietnam - Laos cross-border transport permit, the transport business must turn in the Vietnam - Laos cross-border transport permit and all Vietnam - Laos vehicle cross-border transport permits to the issuing authority, and terminate all road transport business activities between Vietnam and Laos under the revocation decision.

In case the transport business turns in the Vietnam - Laos cross-border transport permit and all Vietnam - Laos vehicle cross-border transport permits under the revocation decision, the issuing authority shall not reissue the Vietnam - Laos cross-border transport permit for 30 days from the day on which the transport business turns in the Vietnam - Laos cross-border transport permit and all Vietnam - Laos vehicle cross-border transport permits under the revocation decision.

In case the transport business fails to turn in or fully turn in the Vietnam - Laos cross-border transport permit and all Vietnam - Laos vehicle cross-border transport permits under the revocation decision, the issuing authority shall not reissue the Vietnam - Laos cross-border transport permit for 45 days from the day on which the transport business turns in the Vietnam - Laos cross-border transport permit and all Vietnam - Laos vehicle cross-border transport permits under the revocation decision. After this 45-day period, if the transport business wishes to resume the business, it shall follow the procedures for issuance of the Vietnam - Laos cross-border transport permit and Vietnam - Laos vehicle cross-border transport permits prescribed by this Decree.

Article 53. Issuance and re-issuance of Vietnam - Laos vehicle cross-border transport permits

1. Eligibility Vietnam - Laos vehicle cross-border transport permits are issued to vehicles of organizations and individuals that meet the conditions prescribed by law on road transport activities between Vietnam and Laos and the provisions of the Protocol on implementation of the Agreement on facilitation of transport for road motor vehicles to cross the border between Vietnam and Laos.

2. Composition of an application for issuance or re-issuance of the permit to a commercial vehicle:

a) Application form No. 04 in Appendix XI of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, the business cooperation contract, or the finance lease contract (in case of finance lease).

3. Composition of an application for issuance and re-issuance of the permit for non-commercial vehicles and vehicles serving works, projects or business activities of enterprises in the territory of Laos:

a) Application form No. 05 in Appendix XI of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the organization, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the vehicle lease contract;

c) Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the secondment decision issued by a competent authority (for official vehicles, vehicles of diplomatic agencies an international organizations during their business trips);

d) Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the contract or document proving that the applicant is carrying out works, projects or doing business in the territory of Laos (if the applicant is serving works, projects or business activities in the territory of Laos); Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers or the original Vietnamese translation of the contract which is authenticated or certified by a notary office if the contract is written in a foreign language

4. Issuing authorities:

a) The Departments of Transport shall issue Vietnam - Laos vehicle cross-border transport permits to vehicles of agencies, organizations, individuals and transport businesses in their provinces/cities;

b) The Departments of Transport of the provinces/cities where there are border checkpoints with Laos shall issue permits for non-commercial vehicles of organizations and individuals located in other provinces of Vietnam to pass through the border checkpoints in their respective provinces/cities.

5. Procedures:

a) The applicant shall submit 01 application to the issuing authority in person, online or by post. The issuing authority shall receive and examine the application. In case the application is received in person or by post, the issuing authority, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the Vietnam - Laos vehicle cross-border transport permit according to Form No. 06 in Appendix XI of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

c) Results shall be provided in person at the competent authority or by post.

6. When a Vietnam - Laos vehicle cross-border transport permit expires or runs out of pages for seals to be appended by border authority, its holder (transport business) shall submit an application for re-issuance of the permit in accordance with Clause 2, Clause 3 and Clause 5 of this Article; In case a Vietnam - Laos vehicle cross-border transport permit is lost or damage, its holder shall submit an application for re-issuance of the permit in accordance with Point a Clause 2, Point a Clause 3 and Clause 5 of this Article.

Article 54. Revocation of Vietnam - Laos vehicle cross-border transport permits

1. The issuing authority shall revoke the Vietnam - Laos vehicle cross-border transport permit when the transport business commits one of the following violations:

a) Failure to comply with the contents of the vehicle cross-border transport permit during transport across between Vietnam and Laos;

b) The license for transport business by automobiles or Vietnam - Laos cross-border transport permit or vehicle permit sticker is revoked by a competent authority (only applicable to Vietnam - Laos vehicle cross-border transport permits issued to commercial vehicles);

c) The time limit for re-import of the vehicle into Vietnam has expired, except in cases of natural disasters, accidents or force majeure events;

d) Providing copies that differ from originals or false information in the application for the Vietnam - Laos vehicle cross-border transport permit, or committing dishonest acts in order to obtain the Vietnam - Laos vehicle cross-border transport permit.

2. Procedures:

a) The issuing authority shall issue a decision to revoke the Vietnam - Laos vehicle cross-border transport permit and send it to the transport business, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the issuing authority;

b) Within 10 days after the issuing authority issues the decision on revocation of the Vietnam - Laos vehicle cross-border transport permit, the transport business must turn in the permit to the issuing authority, and stop using the vehicle for transport business between Vietnam and Laos.

After the Vietnam - Laos vehicle cross-border transport permit is turned in by the transport business under the revocation decision, the issuing authority shall not issue or reissue the Vietnam - Laos vehicle cross-border transport permit for 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in. After 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which the permit is turned in, if transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the permit in accordance with regulations of this Decree.

If the Vietnam - Laos vehicle cross-border transport permit is not turned in by the transport business by the aforesaid deadline, the issuing authority shall not issue or reissue the permit for 45 days (90 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in under the revocation decision. After this period, if the transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the Vietnam - Laos vehicle cross-border transport permit in accordance with regulations of this Decree;

c) Vietnam - Laos vehicle cross-border transport permits will not be issued or reissued to transport businesses that fail to comply with revocation decisions. After the transport business has fully complied with the revocation decision, the issuing authority will carry on the procedures specified in this Decree. In case the transport business sends the issuing authority a written notification of the loss of the Vietnam - Laos vehicle cross-border transport permit after a revocation decision is issued, the issuing authority will not issue or reissue the Vietnam - Laos vehicle cross-border transport permit for 60 days from the day on which the transport business’ notification is received.

Article 55. Extension of operation period in Vietnam for Laos vehicles

1. Vehicles of Laos operating in Vietnam beyond the operation period specified in the vehicle cross-border transport permit due to force majeure events may have the operation period extended 01 time for no more than 10 days.

2. Extending authorities: Departments of Transport of provinces and central-affiliated cities where the vehicles encounter the force majeure events.

3. Composition of application:

a) The request form No. 07, Appendix XI of this Decree;

b) The Vietnam - Laos vehicle cross-border transport permit (original).

4. Procedures:

a) Submit 01 application in person to the Department of Transport of the province/city where the vehicle encounters the force majeure event;

b) Within 02 working days from the date of receipt of the satisfactory application, the Department of Transport shall extend the operation time in Vietnam for the Laos vehicle. The extension can be granted in the form of a separate document or an entry in the vehicle permit. If the application is rejected, the competent authority shall respond in writing and provide explanation.

Article 56. Procedures for registration, suspension of route operation, addition, replacement, suspension of vehicles, adjustment of trip frequency on scheduled passenger transport routes between Vietnam and Laos

1. Transport businesses that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam and Laos.

2. Composition of an application for registration to operate the scheduled passenger transport route between Vietnam and Laos:

a) Application form No. 08, Appendix XI of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, the business cooperation contract or the finance lease contract (in case of finance lease);

c) Plan to operate the scheduled passenger transport route between Vietnam and Laos according to Form No. 09 in Appendix V of this Decree.

3. Route-managing authority: Department for Roads of Vietnam.

4. Procedures:

a) The transport business shall submit 01 application to the Department for Roads of Vietnam in person, online or by post. In case the application is received in person, the receiving official shall update information in the application to the online public service system of the Department for Roads of Vietnam. In case the application needs to be revised or supplemented, the Department for Roads of Vietnam shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of the satisfactory application, the Department for Roads of Vietnam shall issue a written notice of operation of the scheduled passenger transport route according to Form No. 10 Appendix XI of this Decree. In case the application is rejected, the Department of Transport shall respond in writing or via the online public service system and provide explanation;

c) Results shall be provided in person at the Department of Transport or by post.

5. The written notice of route operation expires in case the transport business fails to put the vehicle into operation within 60 days from its effective date.

6. A scheduled passenger transport route between Vietnam and Laos must start and end within the territory of Vietnam, at a bus station of class 01 to class 04 or a bus station of class 05 in the poor district according to regulations of the Government.

7. All vehicles used for scheduled passenger transport route between Vietnam and Laos shall have dispatch orders. A dispatch order shall be issued to each outgoing and return trip (in case the trip is made in many days), or on daily basis (in case of multiple trips in a day). Dispatch orders shall be issued by the transport business according to Form No. 11 in Appendix XI of this Decree and numbered by year for management.

8. Addition, replacement of vehicles for scheduled passenger transport route

a) A transport business operating a route may add or replace vehicles;

b) The application for registration of addition or replacement of vehicles shall be prepared according to Clause 2 of this Article using application form No. 08 in Appendix XI hereof;

c) The procedures specified in Clause 4 of this Article shall be followed. The notification of addition or replacement of vehicles shall be prepared according to form No. 12 in Appendix XI hereof.

9. Suspension of route operation, suspension of vehicles for scheduled passenger transport between Vietnam and Laos:

a) When the operation of a route or vehicle operating on the route has to be suspended, the transport business submit notification Form No. 08 in Appendix XI of this Decree to the competent authority and the frontline station on the Vietnamese side, return the notice of route operation, the international vehicle registration code, and the vehicle cross-border transport permit of the suspended vehicle to the competent authority.

The transport business is only allowed to suspend a route or vehicle after a noticed has been posted at the frontline bus station in the Vietnamese side for at least 10 days;

b) Within 02 working days from the date of receipt of the notification, the competent authority shall issue a notice of suspension of vehicle operating the route, suspension route operation using Form No. 12, form No. 13 in Appendix XI of this Decree and make a public announcement for other transport businesses to register for operation.

10. Adjusting the frequency of vehicle operation on the route

a) At least 10 days before adjusting the frequency of vehicle operation on the route, the transport business must send a notification according to Form No. 14, Appendix XI of this Decree to the competent authority and the frontline bus station in the Vietnamese side;

b) Within 02 working days from the date of receiving the written request, the competent authority shall notify the adjustment of frequency of vehicle operation on the route according to Form No. 15 in Appendix Xi of this Decree.

Section 7. PROCEDURES FOR ISSUANCE, REISSUANCE, REVOCATION OF VIETNAM - CAMBODIA CROSS-BORDER TRANSPORT PERMITS AND VIETNAM - CAMBODIA VEHICLE CROSS-BORDER TRANSPORT PERMITS

Article 57. Issuance and re-issuance of Vietnam - Cambodia cross-border transport permits

1. Eligibility: Vietnam - Cambodia cross-border transport permits are issued to transport businesses of Vietnam.

2. Composition of application:

a) Application form No. 01 in Appendix XII of this Decree;

b) The transport business plan according to Form No. 02, Appendix XII of this Decree.

3. Issuing authority: Department for Roads of Vietnam

4. Procedures:

a) The transport business shall submit 01 application for the issuance or re-issuance of the Vietnam - Cambodia cross-border transport permit to the issuing authority in person, online or by post;

b) The issuing authority shall receive and examine the application. In case the application is received in person or by post, the issuing authority, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the Vietnam - Cambodia cross-border transport permit according to Form No. 03 in Appendix XII of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

d) Results shall be provided in person at the competent authority or by post.

5. In case the Vietnam - Cambodia cross-border transport permit is damaged or lost, the transport business shall make an application for re-issuance according to the provisions of Clauses 2 and 4 of this Article.

Article 58. Revocation of Vietnam - Cambodia cross-border transport permits

1. The issuing authority shall revoke the Vietnam - Cambodia cross-border transport permits when the transport business commits one of the following violations:

a) Perform a type of transport not specified in the Vietnam - Cambodia cross-border transport permits;

b) The license for transport business by automobiles is revoked by a competent authority;

c) A specialized regulatory agency at the border checkpoint requests the revocation because of violations related to import and export activities at the checkpoint, regulations on management of activities at the checkpoint area;

d) The transport business is terminated as prescribed by law.

2. Procedures:

a) The issuing authority shall issue a decision to revoke the Vietnam - Cambodia cross-border transport permit and send it to the transport business, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the issuing authority and simultaneously notify the Cambodian authority in writing for joint management;

b) Within 15 days after the issuing authority signs the decision on revocation of the Vietnam - Cambodia cross-border transport permit, the transport business must turn in the Vietnam - Cambodia cross-border transport permit and all Vietnam - Cambodia vehicle cross-border transport permits to the issuing authority, and terminate all road transport business activities between Vietnam and Cambodia under the revocation decision.

In case the transport business turns in the Vietnam - Cambodia cross-border transport permit and all Vietnam - Cambodia vehicle cross-border transport permits under the revocation decision, the issuing authority shall not reissue the Vietnam - Cambodia cross-border transport permit for 30 days from the day on which the transport business turns in the Vietnam - Cambodia cross-border transport permit and all Vietnam - Cambodia vehicle cross-border transport permits under the revocation decision.

In case the transport business fails to turn in or fully turn in the Vietnam - Cambodia cross-border transport permit and all Vietnam - Cambodia vehicle cross-border transport permits under the revocation decision, the issuing authority shall not reissue the Vietnam - Cambodia cross-border transport permit for 45 days from the day on which the transport business turns in the Vietnam - Cambodia cross-border transport permit and all Vietnam - Cambodia vehicle cross-border transport permits under the revocation decision. After this 45-day period, if the transport business wishes to resume the business, it shall follow the procedures for issuance of the Vietnam - Cambodia cross-border transport permit and Vietnam - Cambodia vehicle cross-border transport permits prescribed by this Decree.

Article 59. Issuance and re-issuance of Vietnam - Cambodia vehicle cross-border transport permits

1. Eligibility: Vietnam - Cambodia vehicle cross-border transport permits are granted to vehicles of organizations, individuals and transport businesses that meet the conditions prescribed by law on road transport activities between Vietnam and Cambodia.

2. Composition of an application for issuance or re-issuance of the permit for a commercial vehicle:

a) Application form No. 04 in Appendix XII of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, the business cooperation contract, or the finance lease contract (in case of finance lease).

3. Composition of an application for issuance or re-issuance of the permit for a non-commercial vehicle:

a) Application form No. 05 in Appendix XII of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the applicant, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the vehicle lease contract;

c) Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of the secondment decision (applicable to official vehicles).

4. The Department for Roads of Vietnam issues permits to commercial vehicles.

5. The Departments of Transport of provinces and central-affiliated cities shall issue vehicle cross-border transport permits to vehicles of agencies, organizations, individuals and transport businesses in their provinces/cities.

6. The Departments of Transport of the provinces/cities where there are border checkpoints with Cambodia shall issue permits to non-commercial vehicles of organizations and individuals located in other provinces of Vietnam to pass through the border checkpoints in their respective provinces/cities.

7. Procedures:

a) The applicant shall submit 01 application to the issuing authority in person, online or by post. The issuing authority shall receive and examine the application. In case the application is received in person or by post, the issuing authority, the receiving official shall update information in the application to the online public service system of the issuing authority. In case the application needs to be revised or supplemented, the issuing authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of the satisfactory application, the issuing authority shall issue the permit according to Form No. 06 (for commercial vehicles) or form No. 07 (for non-commercial vehicles) in Appendix XII of this Decree. In case the application is rejected, the issuing authority shall send a notification in writing or via the online public service system and provide explanation;

c) Results shall be provided in person at the competent authority or by post.

8. When a Vietnam - Cambodia vehicle cross-border transport permit expires or runs out of pages for seals to be appended by border authority, its holder (transport business) shall submit an application for re-issuance of the permit in accordance with Clause 2, Clause 3 and Clause 7 of this Article; In case a Vietnam - Cambodia vehicle cross-border transport permit is lost or damage, its holder shall submit an application for re-issuance of the permit in accordance with Point a Clause 2, Point a Clause 3 and Clause 7 of this Article.

Article 60. Revocation of Vietnam - Cambodia vehicle cross-border transport permits

1. The issuing authority shall revoke the Vietnam - Cambodia vehicle cross-border transport permit when the transport business commits one of the following violations:

a) Failure to comply with the contents of the vehicle cross-border transport permit during transport across between Vietnam and Cambodia;

b) Failure to carry out transport activities across the borders between Vietnam and Cambodia within 03 months from the issuance date of the permit (only applicable to Vietnam - Cambodia vehicle cross-border transport permits issued to commercial vehicles);

c) Failure to carry out at least 03 trips (both outgoing trip and return trip) of transport across the borders between Vietnam and Cambodia within 06 consecutive months (only applicable to Vietnam - Cambodia vehicle cross-border transport permits issued to commercial vehicles);

d) The license for transport business by automobiles or Vietnam - Cambodia cross-border transport permit or vehicle permit sticker is revoked by a competent authority (only applicable to Vietnam - Cambodia vehicle cross-border transport permits issued to commercial vehicles);

dd) The time limit for re-import of the vehicle into Vietnam has expired, except in cases of natural disasters, accidents or force majeure events.

e) Providing copies that differ from originals or false information in the application for the Vietnam - Cambodia vehicle cross-border transport permit, or committing dishonest acts in order to obtain the Vietnam - Cambodia vehicle cross-border transport permit.

2. Procedures:

a) The issuing authority shall issue a decision to revoke the Vietnam - Cambodia vehicle cross-border transport permit and send it to the transport business, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the issuing authority;

b) Within 10 days after the issuing authority issues the decision on revocation of the Vietnam - Cambodia vehicle cross-border transport permit, the transport business must turn in the permit to the issuing authority, and stop using the vehicle for transport business between Vietnam and Cambodia.

After the Vietnam - Cambodia vehicle cross-border transport permit is turned in by the transport business under the revocation decision, the issuing authority shall not issue or reissue the Vietnam - Cambodia vehicle cross-border transport permit for 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in. After 30 days (60 days if the violation is repeated within 06 consecutive months) from the day on which the permit is turned in, if transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the permit in accordance with regulations of this Decree.

If the Vietnam - Cambodia vehicle cross-border transport permit is not turned in by the transport business by the aforesaid deadline, the issuing authority shall not issue or reissue the permit for 45 days (90 days if the violation is repeated within 06 consecutive months) from the day on which it is turned in under the revocation decision. After this period, if the transport business wishes to continue to use the vehicle for business operation, it may apply for issuance of the Vietnam - Cambodia vehicle cross-border transport permit in accordance with regulations of this Decree;

c) Vietnam - Cambodia vehicle cross-border transport permits will not be issued or reissued to transport businesses that fail to comply with revocation decisions. After the transport business has fully complied with the revocation decision, the issuing authority will carry on the procedures specified in this Decree. In case the transport business sends the issuing authority a written notification of the loss of the Vietnam - Cambodia vehicle cross-border transport permit after a revocation decision is issued, the issuing authority will not issue or reissue the Vietnam - Cambodia vehicle cross-border transport permit for 60 days from the day on which the transport business’ notification is received.

Article 61. Extension of operation period in Vietnam for Cambodia’s vehicles

1. Vehicles of Cambodia operating in Vietnam beyond the operation period specified in the vehicle cross-border transport permit due to force majeure events may have the operation period extended 01 time for no more than 10 days.

2. Extending authorities: Departments of Transport of provinces and central-affiliated cities where the vehicles encounter the force majeure events.

3. Composition of application:

a) The request form No. 08, Appendix XII of this Decree;

b) The Vietnam - Cambodia vehicle cross-border transport permit (original).

4. Procedures:

a) Submit 01 set of application in person to the competent authority where the vehicle encounters the force majeure event;

b) Within 02 working days from the date of receipt of the satisfactory application, the competent authority shall extend the operation time for the vehicle of Cambodia. The extension can be granted in the form of a separate document or an entry in the permit. If the application is rejected, the competent authority shall respond in writing and provide explanation.

Article 62. Procedures for registration, suspension of route operation, addition or replacement of scheduled passenger transport vehicles between Vietnam and Cambodia

1. Applicants for registration to operate scheduled passenger transport routes between Vietnam and Cambodia:

Transport businesses that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam and Cambodia.

2. Application for registration to operate the scheduled passenger transport route between Vietnam and Cambodia:

a) Application No. 09 in Appendix XII of this Decree;

b) The certificate of automobile registration (or appointment note thereof) issued by an automobile registry (Copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers). If the vehicle is not owned by the transport business, present the copies, authenticated copies or authenticated electronic copies of originals or electronic copies extracted from master registers of one of the following documents: the vehicle lease contract with the vehicle owner, the service contract between the member and the cooperative, or the business cooperation contract.

c) Plan to operate the passenger transport route between Vietnam and Cambodia according to Form No. 10 in Appendix XII of this Decree.

3. Route-managing authority: Department for Roads of Vietnam.

4. Procedures for registration to operate the scheduled passenger transport routes between Vietnam and Cambodia:

a) The transport business shall submit 01 application in person, online or by post to the competent authority. After receiving and examining the application, the receiving official shall update information in the application to the online public service system of Department for Roads of Vietnam. In case the application needs to be revised or supplemented, the competent authority shall notify the transport business (applicant) in person, in writing or via the online public service system within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of the satisfactory application, the route-operating authority shall issue a written notice of operation of the scheduled passenger transport route b/w Vietnam and Cambodia according to Form No. 11 Appendix XII of this Decree. In case the application is rejected, the route-operating authority shall respond in writing or via the online public service system and provide explanation;

c) Results shall be provided in person at the Department of Transport or by post.

5. The written notice of route operation expires in case the transport business fails to put the vehicle into operation within 60 days from its effective date.

6. A scheduled passenger transport route between Vietnam and Cambodia must start and end in the Vietnamese territory, at a bus station of class 01 to class 04 or a bus station of class 05 in the poor district according to regulations of the Government.

7. All vehicles used for scheduled passenger transport route between Vietnam and Cambodia shall have dispatch orders. A dispatch order shall be issued to each outgoing and return trip (in case the trip is made in many days), or on daily basis (in case of multiple trips in a day). Dispatch orders shall be issued by the transport business according to Form No. 12 in Appendix XII of this Decree and numbered by year for management.

8. Addition, replacement of vehicles for scheduled passenger transport route

a) A transport business operating a route may add or replace vehicles;

b) The application for registration of addition or replacement of vehicles shall be prepared according to Clause 2 of this Article using application form No. 09 in Appendix XII hereof;

c) Procedures for administrative procedures shall comply with the provisions of Clause 4 of this Article.

9. Suspension of route operation, suspension of vehicles operating fixed routes between Vietnam and Cambodia

a) The transport business that wishes to suspend operation of a route or a vehicle shall send a written notification according to Form No. 13 Appendix XII of this Decree to a competent authority, the frontline bus station on the Vietnamese side and return to the Department for Roads of Vietnam the notice of route operation or the vehicle cross-border transport permit of the suspended vehicle.

The transport business is only allowed to stop operating the route after it has posted at the frontline bus station in Vietnamese side for at least 10 days;

b) Within 02 working days from the date of receipt of the notification, the competent authority shall issue a notice of suspension of route operation/vehicle using Form No. 14 of Appendix XII of this Decree and make a public announcement for other transport businesses to register for operation.

10. Adjusting the frequency of vehicle operation on the route

a) At least 10 days before adjusting the frequency of vehicle operation on the route, the transport business must send a written notice according to Form No. 15 in Appendix XII of this Decree to the competent authority and the frontline bus station on the Vietnamese side;

b) Within 02 working days from the date of receipt of the written request, the competent authority shall issue a notice of adjustment of frequency of vehicle operation on the route according to Form No. 16 in Appendix XII of this Decree.

Article 63. Management, organization of printing of international vehicle registration codes and permits

1. Department for Roads of Vietnam shall manage, organize the printing of international vehicle registration codes and permits issued by Department for Roads of Vietnam using the forms in Appendices VII, VIII, IX, X and XII of this Decree.

2. Departments of Transport shall:

a) Manage, organize the printing of international vehicle registration codes and permits issued by Departments of Transport using the forms in Appendices IX, X, XI and XII of this Decree;

b) Departments of Transport of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, Lai Chau provinces shall exchange and receive transport permits with China.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 64. Ministry of Transport

1. Carry out uniform management of transport by automobiles and motorized 4-wheeled vehicles according to regulations of this Decree.

2. Organize the publishing of the list of rest stops along national highways; development of fixed passenger transport route management software.

3. Organize application of information technology in management of transport business by automobiles. Publish the structure of information, devices, process of checking information of QR codes on vehicle permit stickers and transport business licenses; manage and instruct ride-matching application providers according to Article 75 of this Decree.

4. Direct the implementation of the following tasks:

a) Inspect and handle violations against the regulations on transport business by automobiles and conditions therefor stated in this Decree and other relevant regulations of laws;

b) Cooperate with competent authorities of regulatory bodies and local governments in providing and exchanging information on transport activities for specialized management purpose.

5. Cooperate with the Ministry of Planning and Investment and relevant regulatory bodies in ensuring funding for establishment and maintenance of the online public service system and data processing systems serving application of information technology in transport business management.

6. Direct the development, deployment and maintenance of information technology devices serving state management of transport business by automobiles and motorized 4-wheeled vehicles nationwide.

Article 65. Ministry of Public Security

1. Carry out inspection and impose penalties for violations against the regulations on transport business by automobiles stated in this Decree.

2. Connect and share information from the system for management of data from vehicle trackers and in-cabin driver cameras; data from administrative penalty imposition devices with the Ministry of Transport (Department for Roads of Vietnam), the Ministry of Finance (General Department of Taxation, General Department of Customs), the People’s Committees of provinces (Departments of Transport) for joint management.

Article 66. Ministry of Culture, Sports and Tourism

Cooperate with provincial People’s Committees to determine stops and parking spaces for contracted tourism vehicles.

Article 67. Ministry of Science and Technology

1. Take charge in taximeter inspection. Take charge and cooperate in inspecting and handling administrative violations committed by taximeter inspectors or users as prescribed by law.

2. Cooperate with the Ministry of Transport and the Ministry of Information and Communications in providing regulations and guidelines on software for management of transport business by automobiles and motorized 4-wheeled vehicles and online public services.

Article 68. Ministry of Information and Communications

1. Cooperate with the Ministry of Transport in providing regulations and guidelines on software for management of transport business by automobiles and motorized 4-wheeled vehicles and online public services.

2. Cooperate with the Ministry of Transport, the Ministry of Industry and Trade, the Ministry of Public Security and Ministry of Transport in managing and providing guidelines for the providers of ride-matching applications prescribed in Article 75 of this Decree.

Article 69. Ministry of Labor - War Invalids and Social Affairs

1. Cooperate with the Ministry of Transport in providing guidelines for implementation of laws on labor, remuneration, social insurance, working and rest time for employees of transport businesses using automobiles.

2. Cooperate with the Ministry of Transport in providing guidelines for regulations of laws on benefits offered to persons with disabilities, the elderly and policy beneficiaries using transport services by automobiles.

Article 70. Ministry of Finance

1. Instruct software providers and transport businesses to use electronic contracts for provision of electronic information to ensure tight management and fulfillment of tax obligations.

2. Provide guidelines on connecting data on e-invoices and e-tickets and electronic transport contracts for different types of transport business by automobiles and motorized 4-wheeled vehicles, and information sharing with the Ministry of Transport for joint management.

3. Instruct the Ministry of Transport, relevant Ministries and central authorities to balance recurrent expenditures covered by state budget for development, deployment and maintenance of information technology devices serving state management of transport business using automobiles and motorized 4-wheeled vehicles.

4. Take charge of carrying out customs procedures, customs supervision and inspection of international road vehicles upon their exit, entry and transit through Vietnam’s territory in accordance with customs laws.

5. Upgrade the National Single-window Information Portal to meet management demands of state authorities at border checkpoints and facilitate international road transport.

Article 71. Ministry of Industry and Trade

1. Take charge and cooperate with relevant Ministries and central authorities in state management of e-commerce in the transport industry.

2. Inspect and handle violations against regulations on provision of e-commerce in the transport industry.

Article 72. Ministry of Planning and Investment

Take charge and cooperate with the Ministry of Finance, Ministry of Transport, relevant Ministries and central authorities in ensuring funding for construction of technological infrastructure to apply information technology to management of transport business by automobiles.

Article 73. Provincial People’s Committees

1. Direct competent authorities in their provinces to:

a) Manage transport activities by automobiles and motorized 4-wheeled vehicles in accordance with this Decree and other relevant regulations of laws.

b) Formulate vehicle development and management plans suitable to people’s travel demands and current state of road infrastructure in their provinces. Determine the appropriate quantity of motorized 4-wheeled vehicles used for passenger transport business for existing road traffic infrastructure in their provinces;

c) Compile and publish the lists of provincial and interprovincial bus network; stops and rest areas for commercial vehicles to pick-up and drop-off passengers in their provinces;

d) Manage public bus transport activities in their provinces; assistance policies of the State on encouragement of public bus transport in their provinces; organization of bidding, criteria for commissioning bus routes on the published route network lists in accordance with regulations of law on bidding; commissioning of interprovincial bus routes and bus routes using open-air buses for tourists without state budget subsidization on the published route network lists;

dd) Establish pick-up and drop-off points for taxis and buses according to regulations of Clause 5 Article 5 and Clause 8 Article 6 of this Decree;

e) Organize and management of parking spaces for contracted vehicles in urban areas of cities;

g) Announce locations of cargo stations in their provinces;

h) Establish and manage taxi parking slots in their provinces;

i) Continue operation of provincial and provincial passenger transport routes announced before the effective date of this Decree; on the basis of published interprovincial and provincial fixed route networks, announce detailed information about each trip on their websites, including: departing stations, arriving stations, journeys; total number of trips, departure time of each available trip, number of unavailable trips, intervals between trips; hourly and daily capacity of bus stations in their provinces;

k) Ensure connection of the cross-border road transport management software and the online public service portal of the Ministry of Transport;

l) Carry out inspection and handle violations against regulations on transport business by automobiles and conditions therefor stated in this Decree and other relevant regulations of laws in their provinces.

2. Cooperate with People’s Committees of provinces where bus routes run through to unify performance of the tasks prescribed in Clause 3 Article 5 of this Decree. Each a consensus with the Ministry of Transport before operating new bus routes whose terminus are located in an airport.

3. Direct installation of surveillance cameras at fixed locations and along certain roads to control passenger automobiles in their provinces based on each province’s situation.

Article 74. Transport businesses using automobile and motorized 4-wheeled vehicles

1. Comply with the Law on Road, the Law on Road Traffic Order and Safety, and regulations of this Decree.

2. Obtain a tax identification number from the tax authority of the area where its headquarters or branch is located before its operation begins; fulfill tax obligations as regulated. Members of a cooperative shall fulfill their tax obligations when participating in transport business using automobile and motorized 4-wheeled vehicles.

3. Transport businesses shall:

a) Sign employment contracts, pay insurance, organize periodical health checkups and fulfill their obligations to their workers (including drivers and staff serving on their automobiles) as prescribed by labor laws;

b) Ensure passenger’s interests as per the law;

c) Organize professional transport and safety training for drivers; issue driver identity cards to their drivers as per regulations. Formulate training programs and provide training for staff serving on vehicles (if any);

d) In case 02 or more transport businesses would like to cooperate to operate a transport business, a cooperation agreement must be drawn up, which must specify which unit is in charge of dispatching automobiles and drivers to transport passengers and/or goods, deciding fares and performance of the tasks in Points a, b and c of this Clause.

4. Apply science and technology and use software to manage their automobiles and drivers, retain documents, electronic tickets, electronic transport contracts, and electronic invoices, post information on their vehicles, and receive and process client’s feedbacks in compliance with applicable law.

5. Facilitate competent authorities’ inspection of compliance with regulations on transport business by automobiles and motorized 4-wheeled vehicles and fulfillment of conditions therefor, and other relevant regulations of laws.

6. Submit reports on their operations according to regulations.

7. Comply with the provisions of this Decree and to facilitate inspections during the implementation of the provisions of this Decree and other relevant laws.

Article 75. Providers of ride-matching applications

1. Entities solely providing ride-matching applications (without dispatching automobiles or drivers or deciding fares) must abide by regulations of laws on electronic transactions, other relevant regulations of laws, and the following requirements:

a) Accept and forward transport requests from clients to transport businesses using their ride-matching applications;

b) Act as the intermediary to confirm the contents agreed upon by a transport business and its client, ensuring that these contents are consistent with the announced fares or value of the concluded contract; ride-matching applications for taxi businesses must comply with regulations of Point c Clause 4 Article 6 of this Decree; ride-matching applications for contracted passenger transport must comply with regulations of Point a Clause 2 Article 17 of this Decree;

c) Record and send client’s reviews on driver’s service to transport businesses for them to improve their operation;

d) Ensure safety and confidentiality of data on passengers, transport businesses and drivers as per the law;

d) Only provide ride-matching applications for the transport businesses that have been granted the licenses for transport business by automobiles and motorized 4-wheeled vehicles; vehicles that have been issued with vehicle stickers in accordance with regulations on transport business and transport business conditions of each type of transport. Do not provide these applications for contracted passenger transport businesses where they are used to confirm bookings, sell tickets or charge passengers individually in any shape or form; the provision of ride-matching applications for transport businesses to conclude electronic transport contracts shall comply with regulations of Clause 2 and Clause 3 Article 7 of this Decree;

e) Store all transactions completed on ride-matching applications for at least 02 years for inspection purpose;

g) Provide lists of transport businesses, automobiles, motorized 4-wheeled vehicles and drivers of transport businesses using their ride-matching application or accounts used to access the ride-matching applications for competent authorities upon request;

h) Provide the software’s interface and the tools that are used to dispatch automobiles and drivers, and to negotiate and decide fares payable by clients and hirers;

i) The ride-matching application must be designed to make sure the driver has to press only one button to accept a ride while driving and can take multiple steps to accept a ride while their vehicle is parked;

k) Publish client’s complaint settlement procedures and have a complaint storing system.

2. In case the provider of a ride-matching application participates in at least one main transport activity (dispatching automobiles or drivers or deciding fares) to transport passengers and/or cargo on the road for profit, it must comply with the regulations on transport business by automobiles and conditions for transport business stated in this Decree, regulations of laws on electronic transactions and other relevant laws and satisfy the requirements prescribed in Points c, d, e, i and k Clause 1 of this Article.

Chapter V

IMPLEMENTATION CLAUSES

Article 76. Transition clauses

1. Transport businesses that are granted business licenses prior to the effective date of this Decree shall apply for reissuance of the licenses before January 1^st 2026 if the conditions specified in Article 20 of this Decree are not fulfilled.

2. Foreign-invested enterprises that are granted business licenses (enterprise registration certificates) or investment registration certificates that cover road transport business prior to the effective date of Vietnam's WTO Commitments may continue to operate their transport businesses under the business licenses granted before the effective date of this Decree.

3. Transitional regulations on issuance and use of vehicle permit stickers of commercial automobiles

a) Automobiles running on fixed routes, buses, taxis, trucks, tractor trucks, tractor units, contracted vehicles that have been issued with vehicle permit stickers are not required to apply for their reissuance until their expiration or reissuance;

b) An automobile with fewer than 09 seats (including the driver’s seat) issued with the contracted vehicle permit sticker before the effective date of this Decree (using the fare calculation software prescribed in Clause 4 Article 6 of this Decree) must obtain a taxi permit sticker before it can be used for taxi business.

4. Buses that have been operating prior to the effective date of this Decree but have not complied with the regulations in Point c Clause 2 Article 5 of this Decree may continue to be operate until the end of their service life.

5. Certificates of professional driver training issued before the effective date of this Decree may continue to be used until their expiration or reissuance.

6. Unexpired “XE Ô TÔ VẬN TẢI KHÁCH DU LỊCH” (“TOURIST AUTOMOBILE”) signages issued to vehicles of passenger transport businesses before the effective date of this Decree under the Government’s Decree No. 10/2020/ND-CP dated January 17^th 2020 and the Government’s Decree No. 168/2017/ND-CP dated December 31^st 2017 may continue to be used until their expiration or reissuance.

7. Transport businesses that have been granted transport business licenses before the effective date of this Decree but have not fulfilled the requirements specified in Clause 1 Article 11 of this Decree may continue to operate until the end of December 31^st 2025. The requirements specified in Clause 1 Article 11 of this Decree must be fulfilled from January 1^st 2026.

8. Transport businesses that have been participating in experimental transport of tourists in urban areas using open-top vehicles, experimental transport of passengers between downtown areas and tourism centers to airports by automobiles before the effective date of this Decree may operate along bus routes from January 1^st 2025. The Departments of Transport shall manage bus routes and finish issuing “BUS” permit stickers to participating vehicles (those that participated before January 1^st 2025) before March 1^st 2025.

9. Transport businesses and household businesses using motorized 4-wheeled vehicles participating in experimental transport activities before the effective date of this Decree may continue to operate until the end of June 30^th 2025. Regulations of this Decree must be complied with from July 1^st 2025.

Article 77. Effect

1. This Decree comes into force from January 1^st 2025.

2. This Decree annuls:

The Government’s Decree No. 10/2020/ND-CP dated January 17^th 2020 on transport business by automobiles and conditions for transport business by automobiles, the Government’s Decree No. 119/2021/ND-CP dated November 24^th 2021 on procedures for issuance, re-issuance and revocation of cross-border road transport permits, the Government’s Decree No. 47/2022/ND-CP dated July 19^th 2022 on amendments to Decree No. 10/2020/ND-CP ; Article 2 and Article 3 of the Government’s Decree No. 41/2024/ND-CP dated April 16^th 2024 on amendments to some Decrees on road transport, automobile driver training and testing.

Article 78. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Presidents of the People’s Committees of provinces and central-affiliated cities and relevant enterprises and individuals are responsible for the implementation of this Decree.

ON BEHALF OF THE GOVERNMENT PP PRIME MINISTER DEPUTY PRIME MINISTER Tran Hong Ha