What regulations in Vietnam do owners of parking lots need to comply with?

Hello, Lawnet would like to answer as follows:

1. What regulations in Vietnam do owners of parking lots need to comply with?

According to Article 55 of Circular 12/2020/TT-BGTVT, the regulations on parking lots are as follows:

- Requirements applied to a parking lot

+ Maintain security and order; satisfy requirements for fire safety and environmental safety;

+ Arrange entrances and exits in a manner that ensures safety and avoids traffic congestion.

- Services at the parking lot:

+ Parking service;

+ Vehicle maintenance service;

+ Other services prescribed by law.

- Regulations on units managing parking lots and providing parking lot services

+ Maintain security, order, environmental safety and fire safety at parking lots;

+ Openly post regulations, prices of services, name and phone number of the regulatory body with which vehicle owners can file their complaints when necessary;

+ Indemnify the customers for the loss or damage of the parked vehicles;

+ Facilitate the examination and supervision by competent agencies;

+ Provide the services specified in Clause 2 of Article 55 of Circular 12/2020/TT-BGTVT;

+ Collect parking fees;

+ Do not allow owners of vehicles involved in transport business to pick up or drop off passengers, load, unload, package or store goods in parking lots;

+ Be entitled to refuse to serve vehicle owners who fail to comply with the regulations on parking lots.

- Responsibilities and rights of vehicle owners or drivers at a parking lot

+ Comply with the regulations and instructions given by the parking lot operator;

+ Be entitled to choose to use services rendered at the parking lot;

+ Be entitled to file complaints with competent agencies about violations committed staff of the parking lot.

- Every Department of Transport shall advise the provincial People’s Committee on organizing and managing operation of parking lots within its province.

Thus, parking lot operators need to apply for a security and order license and a fire prevention license. Make sure the roads in and out of the parking lot are arranged safely and do not cause traffic congestion.

At the same time, the Department of Transport will advise the Provincial People's Committee on the organization and management of activities. Therefore, the licensing and management process of each locality is directed by the leadership to issue appropriate documents for each locality and each period.

2. Procedures for registering a parking lot business license for Household business in Vietnam

Registering for a parking lot business license will depend on the size of the parking lot. In case of spontaneous parking, parking in the yard, small business activities with low income, business registration is not required. But if on a larger scale, you can register to operate.

According to the provisions of Article 87 of Decree 01/2021/ND-CP on business household registration as follows:

- The household business registration shall be carried out at the business registration authority of district where the household business is headquartered.

- An application for household business registration includes:

+ The application form for household business registration;

+ Legal documents of the owner of the household business or family household members applying for household business registration;

+ The copy of the minutes of meeting of family household members on establishment of household business in case the household business is established by family household members;

+ The copy of the letter of authorization made by the family household members to authorize a person to act as the owner of the household business in case the household business is established by family household members.

- When receiving the application, the district-level business registration authority shall give a confirmation slip and issue the certificate of household business registration to the household business within 03 working days from the receipt of the valid application.

If the application is not satisfactory, within 03 working days from the receipt of the application, the district-level business registration authority shall give a written notification to the applicant or the household business founder. Such notification must specify necessary revisions (if any).

- After 03 working days from the date of submission of the application for household business registration, if neither the certificate of household business registration is issued nor the notification of necessary revisions is given, the household business or its founder is entitled to lodge a complaint or denunciation in accordance with regulations of the Law on complaints and denunciation.

- In the first week of every month, the district-level business registration authority shall send a list of household businesses registered in the previous month to the tax authority of the same district, the Business Registration Office, and regulatory agencies of the province.

Thus, business households do so at the district business registration agency where the business household's headquarters is located. At the same time, it is necessary to prepare an application for business household registration and procedural documents according to the provisions of law.

Best regards!

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