Motor Vehicles Used for Transportation of Passengers Under Contract, Tourism Must Ensure Fire Safety from September 15, 2022?
What regulations must passenger transport vehicles for contractual and tourism transport comply with?
Based on Article 43 of Circular 12/2020/TT-BGTVT, the following regulations apply:
“Article 43. Regulations for cars engaged in contractual and tourism passenger transport; determination of overlapping start and end points of vehicles.
1. Cars engaged in contractual passenger transport must comply with the regulations in Clause 1 of Article 7 of Decree No. 10/2020/ND-CP.
2. Cars engaged in tourism passenger transport must comply with the regulations in Clause 1 of Article 8 of Decree No. 10/2020/ND-CP.
3. The following information must be posted: the name and phone number of the transport business entity:
a) Minimum dimensions: length is 20 cm, width is 20 cm;
b) Posting location: at the front exterior sides of the vehicle or both side doors.
4. The term “CONTRACTUAL VEHICLE” must be made of reflective materials and posted (permanently affixed) on the front and rear windshields of cars engaged in contractual passenger transport in the format specified in Appendix 10 issued with this Circular.
5. The term “TOURISM VEHICLE” must be made of reflective materials and posted (permanently affixed) on the front and rear windshields of cars engaged in tourism passenger transport in the format specified in Appendix 11 issued with this Circular.
6. The number, quality, and arrangement of seats in the vehicle must comply with the vehicle’s design.
7. The vehicle must be equipped with an emergency exit tool and a fire extinguisher that is in working condition and within its validity period according to regulations.
8. Cars engaged in contractual passenger transport must have the badge “CONTRACTUAL VEHICLE” in the format specified in Appendix 12 issued with this Circular.
9. Cars engaged in tourism passenger transport must have the sign “TOURISM PASSENGER VEHICLE” according to the regulations.
10. Badges and signs should be permanently affixed at the top right corner immediately below the inspection stamp, on the interior surface of the front windshield.
11. Behind the seats or next to the sleeping beds, there must be a Safety and Escape Instruction Panel (in both Vietnamese and English), including main contents: how to fasten seat belts (if any); instructions on arranging luggage; a no-smoking sign on the vehicle; instructions on using the vehicle’s electrical system (if any); instructions on using the fire extinguisher, emergency hammer, and escape routes in case of an emergency.
12. The start point (first pick-up point as stated in the transport contract) and end point (last drop-off point as stated in the transport contract) overlapping in contractual and tourism passenger transport is determined as the location on the road or at the address associated with the street name (road name), alley (lane) in urban areas.”
Currently, using cars for contractual and tourism passenger transport must meet the conditions and requirements stipulated above.
Cars used for contractual and tourism passenger transport must ensure fire safety from September 15, 2022?
Changes in fire safety regulations for cars used for contractual and tourism passenger transport
Based on Clause 7, Article 1 of Decree 17/2022/ND-CP, the following changes apply:
“Article 1. Amendments and supplements to some articles of Circular No. 12/2020/TT-BGTVT dated May 29, 2020, by the Minister of Transport on the organization and management of road transport by car and road transport support services
...
7. Amendment and supplementation of Clause 7, Article 43 as follows:
“7. Vehicles must be equipped with emergency exit tools; ensure fire safety conditions for motor vehicles in accordance with Decree No. 136/2020/ND-CP dated November 24, 2020, of the Government of Vietnam, detailing some provisions and measures to implement the Law on Fire Prevention and Fighting and the Law amending and supplementing some provisions of the Law on Fire Prevention and Fighting.”
In the upcoming time, cars used for contractual and tourism passenger transport will not only be required to have fire extinguishers but also ensure fire safety conditions for motor vehicles according to legal regulations.
What are the rights and responsibilities of business entities engaging in contractual and tourism passenger transport by car?
Based on Article 44 of Circular 12/2020/TT-BGTVT, the following regulations apply:
“Article 44. Rights and responsibilities of business entities engaging in contractual and tourism passenger transport
1. Develop and fully and accurately implement the traffic safety assurance process as stipulated in Article 4 and Article 5 of this Circular; comply with the provisions of Article 14, Article 15, Article 16, and Article 54 of this Circular.
2. Transport business entities using cars with a capacity of 09 seats or more (including the driver) must comply with the regulations in Article 8, Article 9, and Article 13 of this Circular.
3. Business entities engaging in contractual passenger transport must comply with Clause 3, Clause 5, and Clause 6 of Article 7 of Decree No. 10/2020/ND-CP. Business entities engaging in tourism passenger transport must comply with Clause 3 and Clause 5 of Article 8 of Decree No. 10/2020/ND-CP.
4. Develop internal regulations on uniforms and name tags for drivers and service staff on the vehicle (if any), driver identification cards; the name tag must have a photo, clearly stating the full name, management entity; the name tag can be combined with the driver identification card.
5. Allowed to use electronic devices to post information as stipulated in Clause 3, Article 43 of this Circular.
6. Perform other responsibilities as stipulated in the Road Traffic Law, Decree No. 10/2020/ND-CP, and other relevant legal provisions.”
Business entities engaging in contractual and tourism passenger transport by car will have the rights and responsibilities as stipulated above.
Circular 17/2022/TT-BGTVT will take effect from September 15, 2022.
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