Time for Resubmitting Road Transport Business Licenses by Automobile According to the License Revocation Decision Will Change from September 1, 2022
What documents are required for applying for the issuance or re-issuance of a business license for transportation by automobile?
Based on Article 18 of Decree 10/2020/ND-CP, the regulations are as follows:
"Article 18. Documents required for applying for the issuance or re-issuance of a Business License
1. The documents required for applying for a Business License for transport enterprises and cooperatives include:
a) Application for a Business License in the form stipulated in Appendix I of this Decree;
b) A copy of the diploma or certificate of the person directly managing the transport operations;
c) A copy or the original of the Decision on Establishment and the regulations on the functions and tasks of the management department which monitors the conditions related to traffic safety (applicable to enterprises, cooperatives engaged in passenger transport by fixed routes, passenger transport by bus, passenger transport by taxi, container transport, and passenger transport using electronic contracts).
2. The documents required for applying for a Business License for individual business households engaged in transport include:
a) Application for a Business License in the form stipulated in Appendix I of this Decree;
b) A copy of the Business Registration Certificate.
3. The documents required for applying for the re-issuance of a Business License due to changes in the content of the Business License include:
a) Application for the re-issuance of a Business License, specifying the reasons for the re-issuance in the form stipulated in Appendix I of this Decree;
b) Documents proving the changes in the content recorded in the Business License as stipulated in Clause 2, Article 17 of this Decree (if the changes are related to any content, supplementary documents regarding that content must be provided).
4. In cases where the Business License needs to be re-issued due to loss or damage, the documents include: Application for the re-issuance of a Business License in the form stipulated in Appendix I of this Decree.
5. In cases where the Business License needs to be re-issued due to revocation or suspension, the documents required for re-issuance are:
a) For transport enterprises and cooperatives, follow the regulations in Clause 1 of this Article; for individual business households engaged in transport, follow Clause 2 of this Article;
b) Documents proving the rectification of violations that were the reasons for the revocation or suspension of the Business License."
Currently, when there is a request for issuance or re-issuance of a business license for transportation by automobile, the documents must be prepared according to the above regulations.
The period of resubmitting the business license for automobile transportation according to the revocation decision will change from September 01, 2022?
What are the current procedures for the issuance and re-issuance of a business license for automobile transportation?
Based on Clause 1, Clause 2, Clause 3, Clause 4, Clause 5 Article 19 of Decree 10/2020/ND-CP, the regulations are as follows:
"Article 19. Procedures for issuing, re-issuing, and revoking Business Licenses
1. Procedures for issuing Business Licenses:
a) The transport business unit submits 01 set of documents requesting the issuance of a Business License to the licensing authority. If the documents need amendments or supplements, the licensing authority will notify the transport business unit directly or in writing or through the online public service system within 03 working days from the date of receipt of the documents;
b) Within 05 working days from the date of receipt of complete and correct documents, the licensing authority will appraise the documents and issue the Business License for automobile transportation in the form stipulated in Appendix II of this Decree. If the Business License is not issued, the licensing authority must respond in writing or through the online public service system, clearly stating the reasons.
2. Procedures for re-issuing Business Licenses when there are changes related to the content of the Business License or when the Business License is revoked or suspended, follow the regulations in Clause 1 of this Article.
3. Procedures for re-issuing Business Licenses in cases where the Business License is lost or damaged:
a) The transport business unit submits 01 set of documents requesting the re-issuance of the Business License to the Department of Transport where the unit's head office or branch office is located. If the documents need amendments or supplements, the licensing authority will notify the transport business unit directly or in writing or through the online public service system within 02 working days from the date of receipt of the documents;
b) Within 03 working days from the date of receipt of complete and correct documents, the licensing authority will issue the Business License for automobile transportation in the form stipulated in Appendix II of this Decree. If the Business License is not issued, the licensing authority must respond in writing or through the online public service system, clearly stating the reasons.
4. The licensing authority checks information about the Business Registration Certificate or Enterprise Registration Certificate on the National Business Registration Portal before issuing the Business License.
5. Document acceptance and result delivery are carried out at the premises of the licensing authority or by postal service or other suitable forms as per regulations. When documents are accepted directly at the licensing authority or by postal service, the receiving officer updates the correct information of the documents into the online public service system of the Ministry of Transport.
The licensing authority processes the documents and issues the Business License through the online public service system of the Ministry of Transport."
Thus, the current procedures for the issuance and re-issuance of a business license for automobile transportation will be carried out in accordance with the procedure and regulations mentioned above.
When should the transport business unit return the business license for transportation when it has been revoked?
Based on Clause 7, Article 19 of Decree 10/2020/ND-CP, the regulations are as follows:
"Article 19. Procedures for issuing, re-issuing, and revoking Business Licenses
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7. The licensing authority revokes the Business License it has issued and performs the following steps:
a) Issue a decision to revoke the Business License;
b) Send the decision to revoke the Business License to the transport business unit and post the information on the website of the Department of Transport;
c) Report to the Directorate for Roads of Vietnam, the provincial People's Committee and notify the revocation decision to relevant agencies for coordination;
d) When the licensing authority issues a decision to revoke the Business License, the transport business unit must return the Business License and badges, signs to the licensing authority and must stop all transport business operations according to the revocation decision immediately after the decision comes into effect."
According to current regulations, the transport business unit must return the business license for transportation immediately after the authority issues the decision to revoke the business license.
Changes in the regulation regarding the period for returning the business license for transportation when revoked in the coming time?
Based on Clause 7, Article 1 of Decree 47/2022/ND-CP, the regulations are as follows:
"Article 1. Amending and supplementing several articles of Decree No. 10/2020/ND-CP dated January 17, 2020, of the Government of Vietnam regulating the business and conditions for automobile transport business, as follows:
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7. Amending and supplementing point d, clause 7, Article 19 as follows:
"d) When the licensing authority issues a decision to revoke the Business License, the transport business unit must, within 07 days from the date the decision takes effect, return the Business License and badges, signs to the licensing authority, and must stop all transport business operations according to the revocation decision immediately after the decision comes into effect;"
In the coming time, when the competent authority has issued a decision to revoke the business license for transportation by automobile, the transport business unit must return the business license for transportation within 07 days from the date the decision to revoke the business license becomes effective.
Decree 47/2022/ND-CP is effective from September 01, 2022.
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