No need to submit documents proving the remediation of violations resulting in the revocation of badges when applying for reissuance of badges from September 01, 2022?
Application Dossier for Badge Issuance in Current Road Transport Business with Automobiles?
Pursuant to Clause 4, Article 22 of Decree 10/2020/ND-CP, the regulations are as follows:
“Article 22. Regulations on management, issuance, reissuance, and revocation of badges and signs
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4. The application dossier for badge issuance must ensure the following components:
a) Application for badge issuance according to the form specified in Appendix V of this Decree;
b) A copy of the automobile registration certificate or a copy of the appointment letter to receive the automobile registration certificate from the registration authority. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents must be presented: A written vehicle lease contract with an organization or individual or a service contract between the member and the cooperative or a business cooperation contract.”
When requesting badge issuance in the current road transport business by automobile, the dossier must be prepared according to the components stipulated as above.
No need to submit documents proving remediation of the behavior leading to badge revocation when applying for badge reissuance from September 01, 2022?
Procedures for Badge Issuance in Current Road Transport Business with Automobiles?
Pursuant to Clause 5, Article 22 of Decree 10/2020/ND-CP, the regulations are as follows:
“Article 22. Regulations on management, issuance, reissuance, and revocation of badges and signs
...
5. Procedures for badge issuance
a) The transport business unit shall send one set of application dossier for badge issuance to the Department of Transport where the business license was issued. If the dossier needs modification or supplementation, the badge issuing authority will notify directly or in writing or through the online public service system the contents that need supplementation or amendment to the transport business unit within one working day from the date of receipt of the dossier;
b) Within two working days from the date of receipt of a conforming dossier, the Department of Transport shall issue badges for the vehicles as requested by the transport business unit. In case of refusal to issue, the Department of Transport shall respond in writing or through the online public service system, stating clearly the reasons.
The Department of Transport is responsible for updating information on the journey monitoring data system of the Directorate for Roads of Vietnam, monitoring, and only issuing badges when the vehicle's journey monitoring device fully meets installation and data transmission regulations.
Receiving dossiers and returning results shall be conducted directly at the issuing agency, by post, or by other appropriate means as stipulated. In case of direct reception at the issuing agency or by post, the dossier handling officer shall update the information of the compliant dossiers into the online public service system of the Ministry of Transport.
The issuing agency shall process the dossiers and issue badges on the online public service system of the Ministry of Transport;
c) The issuing agency shall check information on the vehicle inspection safety and environmental protection certificates of the vehicles to ensure the vehicles meet transport business conditions on the Vietnam Registration system;
d) The issuing agency shall check information on the vehicle status on the online public service system of the Ministry of Transport and the journey monitoring data system of the Directorate for Roads of Vietnam to proceed as follows:
If the vehicle is not yet in the system, the badge will be issued;
If the vehicle is already in the system, the Department of Transport receiving the dossier shall send information through the online public service system to the Department of Transport managing the vehicle to request confirmation and removal of the vehicle from the system. Within two working days from receiving the request, the Department of Transport must respond; in case of refusal to remove the vehicle information, reasons must be clearly stated. The Department of Transport receiving the dossier shall issue badges and signs after the vehicle is removed from the system.”
Currently, badge issuance procedures in the road transport business by automobile shall be implemented according to the aforementioned regulations.
Regulations on Reissuance of Badges When Revoked Currently?
Pursuant to Clause 7, Article 22 of Decree 10/2020/ND-CP, the regulations are as follows:
“Article 22. Regulations on management, issuance, reissuance, and revocation of badges and signs
...
7. Badges are reissued when revoked or deprived of usage. After the deprivation or revocation period or the badge is over, if there is a need to continue using the vehicle for transportation business, the transport business unit must proceed with the procedures for the badge reissuance according to regulations. The dossier, procedures, authority for reissuing badges shall comply with the provisions of Clause 4, Clause 5 of this Article; in case of requesting badge reissuance due to revocation or deprivation of usage, the dossier must include documents proving the remediation of violations as the cause of the badge revocation or deprivation of usage.”
Thus, currently, after the badge revocation period, if the transport business unit wishes to continue using the vehicle for transport business, they must proceed with the badge reissuance procedures, including documents proving remediation of violations leading to the badge revocation.
Changes in Regulations on Reissuance of Badges in Transport Business Due to Revocation?
Pursuant to Clause 8, Article 1 of Decree 47/2022/ND-CP, the regulations are as follows:
“Article 1. Amendment and supplementation of several articles of Decree No. 10/2020/ND-CP dated January 17, 2020, of the Government of Vietnam, stipulating transportation business and conditions of transportation business with automobiles, as follows:
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8. Amendment and supplementation of Clause 7, Article 22 as follows:
7. Badges are reissued when revoked. After the revocation period ends, if there is a need to continue using the vehicle for transportation business, the transport business unit must proceed with the badge reissuance procedures according to regulations. The dossier, procedures, authority for reissuing badges shall comply with the provisions of Clause 4, Clause 5 of this Article."
Thus, in the future, if the transport business unit wishes to continue using the vehicle for transportation business, they will prepare a dossier and proceed with the badge reissuance procedures after the revocation period ends.
According to this regulation, transport business units will no longer need to submit documents proving remediation of violations leading to badge revocation as currently stipulated.
Decree 47/2022/ND-CP will take effect from September 01, 2022.
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