From September 1, 2022, are transport business establishments allowed to use cars converted from cars with 09 seats or more into cars with less than 09 seats to make cabs?
- Regulations on business of transporting goods by car in Vietnam?
- Conditions for passenger transport business by car according to Vietnamese regulations?
- From September 1, 2022, are transport business establishments allowed to use vehicles converted from vehicles with a capacity of 9 seats or more into cars of less than 9 seats as cabs in Vietnam?
Regulations on business of transporting goods by car in Vietnam?
As for the regulations on the business of transporting goods by car, Article 9 of Decree 10/2020/ND-CP stipulates the business of transporting goods by car specifically:
1. A box truck business is a business that employs 1,500-kg automobiles to transport cargo for reward, which is calculated by a taximeter or the ride hailing software installed on the automobile. The "TAXI TẢI” (“BOX TRUCK”) phrase and the business’s phone number and name shall be affixed on the truck’s doors or both sides of its body.
2. Oversize load transport business
a) Oversize load transport business is a business where suitable automobiles are employed to transport nondivisible cargo whose size or weight exceeds the legally permitted limit;
b) When transporting oversize loads, drivers must bring an unexpired permit to operate oversized or overweight vehicles issued by the competent authority.
3. Hazardous cargo transport business is a business where automobiles are employed to transport cargo containing dangerous substances that may pose a threat to human life or health, the environment or national security and safety. Automobiles transporting hazardous cargo must obtain the permit to transport hazardous cargo from the competent authority.
4. Tractor truck business is a business where tractor units attached to trailers or semi-trailers are employed to transport containers.
5. Ordinary cargo transport business is a trucking business not regulated by Clause 2, Clause 3 and Clause 4 herein.
6. Tractor trucks must be issued with the “XE CÔNG-TEN-NƠ” (“TRACTOR TRUCK”) signage, tractor units attached to trailers or semi-trailers must be issued with the “XE ĐẦU KÉO” (“TRACTOR UNIT”) signage and commercial automobiles transporting ordinary cargo and box trucks must be issued with the “XE TẢI” (“TRUCK”) signage. These types of signage shall be affixed beneath the front windscreen on the right-hand side of each automobile; and all required information must be affixed on each automobile’s body according to guidelines from the Minister of Transport.
7. Trucking businesses shall take responsibility for loading cargo onto automobiles following guidelines from the Minister of Transport.
8. Trucking businesses must issue transport orders to their drivers. Transport orders must include confirmation (signature and full name) of the amount of cargo loaded onto the automobile from the cargo owner (or a person authorized by the cargo owner) or the representative of the entity or the individual loading the cargo.
9. When transporting cargo, the driver must bring the physical transport order or a device capable of showing the transport order’s contents and other documents related to the driver and the automobile required by law. Transport businesses and their drivers shall not transport cargo exceeding the permitted weight.
10. Bicycles, motorcycles and other similar vehicles shall be transported through road tunnels according to regulations in Clause 5 herein.
11. Physical or electronic transport orders shall be issued by trucking businesses and composed of the following basic information: business’s name; automobile’s registration plate number; renter’s name; route (points of departure and arrival); contract's number and signing date (if any); and type of goods and weight of cargo to be transported. From July 01, 2022, prior to any transport, trucking businesses must provide the basic information of transport orders via the software of the Ministry of Transport of Vietnam.
From September 1, 2022, are transport business establishments allowed to use cars converted from cars with 09 seats or more into cars with less than 09 seats to make cabs?
Conditions for passenger transport business by car according to Vietnamese regulations?
According to the provisions of Article 13 of Decree 10/2020/ND-CP, specific conditions for passenger transport business by car are:
1. Requirements for passenger automobiles:
a) The passenger transport business must own the passenger automobiles or hold the right to use them according to the written automobile rental contract between the business and another organization or individual or the business cooperation agreement as per the law.
If an automobile belongs to a member of an cooperative, the member and the cooperative must sign a service contract which specifies the rights, responsibilities and obligations of the cooperative regarding the management, use and operation of such automobile;
b) Automobiles used to operate a fixed-route transport business shall have at least 09 seats (including the driver). Their service life is regulated as follows: Cars making journeys longer than 300 km shall have a service life of 15 years (starting from the year of manufacture) and those making journeys under 300 km shall have a service life of 20 years (starting from the year of manufacture);
c) Buses shall have a service life of 20 years (starting from the year of manufacture);
d) Taxis shall have fewer than 09 seats (including driver) and a service life of 12 years (starting from the year of manufacture); cars having fewer than 09 seats (including the driver) converted from cars with at least 09 seats and cars whose size or appearance resembles those with at least 09 seats are prohibited from being used in the taxi business;
c) Tourist automobiles shall a service life of 15 years (starting from the year of manufacture). Regulations on service life of passenger automobiles operating under contracts are as follows: Cars making journeys longer than 300 km shall have a service life of 15 years (starting from the year of manufacture) and those making journeys of 300 km at the maximum shall have a service life of 20 years (starting from the year of manufacture).
Tourist automobiles and passenger automobiles having fewer than 09 seats (including the driver) and operating under electronic contracts shall have a service life of 12 years (starting from the year of manufacture).
2. Before July 01, 2021, passenger automobiles having at least 09 seats (including the driver) must be equipped with cameras to record images inside each automobile (including the driver and the car doors) while it is on the road. These images shall be provided for the police force, traffic inspectors and the licensing authority to ensure transparent supervision. Time limit for retention of these images is as follows:
a) At least for the last 24 hours for automobiles making journeys of 500 kilometers at the maximum;
b) At least for the last 72 hours for automobiles making journeys of more than 500 kilometers.
From September 1, 2022, are transport business establishments allowed to use vehicles converted from vehicles with a capacity of 9 seats or more into cars of less than 9 seats as cabs in Vietnam?
In Clause 3, Article 1 of Decree 47/2022/ND-CP, transport business establishments may use vehicles converted from vehicles with a capacity of 9 seats or more into cars of less than 9 seats as taxis. Previously, in Decree 10/2020/ND-CP, taxis must have a capacity of less than 9 seats (including the driver) and have a shelf life of not more than 12 years (from the year of manufacture); Do not use vehicles modified from vehicles with a capacity of 09 seats or more into cars of less than 09 seats (including the driver) or vehicles of similar size and design to vehicles of 09 seats or more for transportation business. transport passengers by taxi.
However, in Decree 47/2022/ND-CP, taxis must have a capacity of less than 9 seats (including the driver) and have a shelf life of not more than 12 years (from the year of manufacture).
Therefore, from September 1, 2022, transport business establishments may use vehicles converted from vehicles with a capacity of 9 seats or more into cars of less than 9 seats as taxis.
Decree 47/2022/ND-CP comes into force from September 1, 2022.
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