From 01/7/2023: Do auto transport businesses in Vietnam have to install automobile trackers integrated with cameras?

From 01/7/2023: Do auto transport businesses in Vietnam have to install automobile trackers integrated with cameras?

Pursuant to Clause 8 Article 34 of the Decree 10/2020/NĐ-CP (amended by Clause 12 Article 1 of the Decree 47/2022/NĐ-CP) stipulating auto transport businesses as follows:

Auto transport businesses

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6. Competent authorities shall inspect compliance with regulations on auto transport business and conditions for auto transport business and other relevant regulations of laws from transport businesses.

7. Transport businesses shall submit reports on their operations according to regulations.

8. From July 01, 2023, auto transport businesses which must install cameras according to regulations hereof must, upon starting transport business for the first time, install automobile trackers integrated with cameras for being issued signage. Automobile trackers integrated with cameras must fully meet regulations in this Decree

As regulations above, from July 01, 2023, auto transport businesses which must install cameras according to regulations hereof must, upon starting transport business for the first time, install automobile trackers integrated with cameras for being issued signage.

What are conditions for transport businesses transporting passengers by automobiles with at least 09 seats in Vietnam?

Pursuant to Clause 5 Article 34 of the Decree 10/2020/NĐ-CP, transport businesses transporting passengers by automobiles with at least 09 seats (including driver) or transporting cargo by tractor trucks or tractor units shall equip their vehicles with cameras and comply with the following regulations:

- Images shall be recorded and stored as prescribed in Clause 2 Article 13 and Clause 2 Article 14 of this Decree;

- Images from cameras installed on automobiles must be transmitted between 12-20 times per hour (equivalent to 3-5 minutes per transmission) to transport businesses and competent authorities as regulated by the Ministry of Transport, and stored for at least 72 hours after the time of recording; image data must be provided promptly and accurately and shall not be modified or falsified before, during or after transmission;

- Cameras shall be maintained to ensure continuous image recording and storage as regulated;

- Accounts used to access servers shall be provided for the police force (Traffic Police Authority, Traffic Police Division, Road - Rail Traffic Police Division and Road Traffic Police Divisions of provinces and central-affiliated cities) and transport authorities (Ministry of Transport, Directorate for Roads of Vietnam and Departments of Transport) for state management, inspection and handling of violations as prescribed by law;

- Regulations on information safety for passenger’s data shall be implemented as per the law.

What are requirements of automobile trackers in Vietnam?

Pursuant to Clause 3 Article 12 of the Decree 10/2020/NĐ-CP (amended by Clause 2 Article 1 of the Decree 47/2022/NĐ-CP) stipulating requirements of automobile trackers in Vietnam as follows:

Regulations on automobile trackers

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3. Automobile trackers must satisfy the following requirements:

a) Automobile trackers shall retain and transmit information on routes, driving speed and non-stop driving time to the vehicle tracking data system of the Ministry of Transport (Directorate for Roads of Vietnam);

b) Information from automobile trackers shall be used for state management of transport and operation of transport businesses and shared with the Ministry of Public Security (Traffic Police Authority) and Ministry of Finance (General Department of Taxation, General Department of Vietnam Customs) for cooperation in state management of traffic order and safety; public order and security; tax; anti-smuggling.

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As regulations above, minimum requirements of automobile trackers in Vietnam are:

- Automobile trackers shall retain and transmit information on:

+ Routes;

+ Driving speed;

+ Non-stop driving time to the vehicle tracking data system of the Ministry of Transport (Directorate for Roads of Vietnam).

- Information from automobile trackers shall be used for state management of transport and operation of transport businesses and shared with the Ministry of Public Security (Traffic Police Authority) and Ministry of Finance (General Department of Taxation, General Department of Vietnam Customs) for cooperation in state management of:

+ Traffic order and safety;

+ Public order and security;

+ Tax;

+ Anti-smuggling.

Best regards!