What are responsibilities of auto transport businesses regarding their operations in Vietnam?
We are an auto transport business operating in passenger transportation on the north-south route. According to latest regulations, what are responsibilities of auto transport businesses regarding their operations in Vietnam? Thank you!
What are responsibilities of auto transport businesses regarding their operations in Vietnam? - image from internet
Pursuant to Article 34 of the Decree 10/2020/ND-CP (effective from 01/4/2020) stipulating responsibilities of auto transport businesses regarding their operations in Vietnam:
- Auto transport businesses shall comply with regulations on business and business conditions in the Law on Road Traffic and in this Decree.
- Each auto transport business shall obtain a tax identification number from the tax authority of the locality where its headquarters or branch is located before its operation begins; and fulfill its tax obligations as regulated. Members of a cooperative shall fulfill their tax obligations when participating in an auto transport business.
- Auto transport businesses shall:
+ Sign labor contracts, pay insurance, organize periodical health checkups and fulfill their obligations to their workers (including drivers and staff serving on their automobiles) as prescribed by occupational laws;
+ Ensure passenger’s rights as per the law;
+ Organize specialized training on transport and traffic safety for drivers and staff serving on automobiles; provide their drivers with driver identity cards as regulated;
+ In case 02 or more transport businesses would like to cooperate to operate a transport business, a cooperation agreement must be drawn up, which must specify the unit in charge of the automobiles and drivers to transport passengers and/or goods, the unit deciding the transport costs and the unit in charge of the tasks in Points a, b and c herein.
- Apply science and technology and use software to manage their automobiles and drivers, retain documents, e-tickets and e-invoices, post information on their automobiles, and receive and process client’s feedbacks in compliance with applicable law.
- 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.
- 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.
- Transport businesses shall submit reports on their operations according to regulations.
Best regards!
