What are responsibilities of providers of transport marketplace applications regarding auto transport business in Vietnam?

What are responsibilities of providers of transport marketplace applications regarding auto transport business in Vietnam? - image from internet

Pursuant to Article 35 of the Decree 10/2020/ND-CP (effective from 01/4/2020) stipulating responsibilities of providers of transport marketplace applications regarding auto transport business in Vietnam:

- Entities solely providing transport marketplace applications (without coordinating automobiles or drivers or deciding transport costs) must abide by regulations of laws on electronic transactions, other relevant regulations of laws and the following requirements:

+ Accept and forward transport requests from clients to transport businesses using their transport marketplace applications;

+ Act as the intermediary to confirm the contents agreed upon by a transport business and its client, ensuring that these contents are consistent with the announced transport costs or value of the concluded contract; transport marketplace applications for taxi businesses must comply with regulations in Point c Clause 3 Article 6 of this Decree; transport marketplace applications for passenger automobile rental businesses or tourist transport businesses must comply with regulations stated in Point a Clause 2 Article 16 herein;

+ Record and send client’s reviews on driver’s service to transport businesses for them to improve their operation;

+ Ensure safety and confidentiality of data on passengers, transport businesses and drivers as per the law;

+ Provide transport marketplace applications only for the licensed auto transport businesses and automobiles issued with automobile signage that comply with regulations on transport business and transport business conditions of each type of transport. These applications shall not be provided for passenger car rental business and tourist transport business where it will be used to confirm bookings, sell tickets or charge passengers individually in any shape or form; and the applications shall be provided for transport businesses to conclude electronic contracts according to regulations in Clause 2 and Clause 3 Article 7 and Clause 2 and Clause 3 Article 8 of this Decree;

+ Store all transactions completed on transport marketplace applications for inspection purpose for at least 02 years;

+ Provide lists of transport businesses using their software and automobiles and drivers thereof or accounts used to access the transport marketplace application for competent authorities upon request;

+ Provide the software’s interface and the tools that are used to coordinate automobiles and drivers and to negotiate and decide transport costs with clients and renters for transport businesses;

+ Drivers shall have to press only one button to accept a ride via transport marketplace applications while driving and shall take multiple steps to accept a ride while their cars are parked;

+ Publish client’s complaint settlement procedures and possess a complaint storing system.

- In case the provider of a transport marketplace application participates in at least one main transport activity (coordinating automobiles or drivers or deciding transport costs) to transport passengers and/or goods on the road for profit, it must comply with the regulations on auto transport business and conditions for auto transport business stated in this Decree, regulations of laws on electronic transactions and other relevant laws and satisfy the requirements prescribed in Points c, d, e, i and k Clause 1 of this Article.

Best regards!