Is it compulsory for drivers of passenger automobile rental business, who serves weddings to bring the passenger list in Vietnam?

Is it compulsory for drivers of passenger automobile rental business, who serves weddings, to bring the passenger list in Vietnam?

Pursuant to Clause 4 Article 7 of the Decree 10/2020/NĐ-CP stipulating passenger automobile rental business as follows:

4. When transporting passengers, besides bringing the documents required by the Law on Road Traffic, drivers must:

a) Bring the physical transport contract signed by the passenger automobile rental business (unless otherwise provided for in Point c herein);

b) Bring the passenger list bearing a mark of confirmation from the passenger automobile rental business (unless otherwise provided for in Point c herein);

c) If the electronic contract is used, the driver must be equipped with a device capable of accessing the contract and enclosed passenger list provided by the passenger automobile rental business;

d) Drivers serving funerals and weddings are exempt from the regulations in Points a, b and c herein.

As regulations above, it is compulsory for drivers of passenger automobile rental business to bring the passenger list. In case serving weddings, you don't have to bring the passenger list.

What are the fines imposed on drivers of passenger automobile rental business for failure to bring the passenger list in Vietnam?

Pursuant to Clause 5.h Article 23 of the Decree 100/2019/NĐ-CP stipulating penalties imposed upon operators of civil and commercial passenger automobiles, and similar automobiles violating road traffic regulations as follows:

5. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:

h) Operating a tourist vehicle or contract-based passenger vehicle using written contracts without a list of passengers, carrying passengers not on the list or carrying passengers inconsistent with regulations and law (applicable to vehicles under contracts for transporting students and employees to schools and to workplaces); failure to have or carry the transport contract or a conformable one as prescribed;

Pursuant to Clause 8.a Article 23 of the Decree 100/2019/NĐ-CP stipulating as follows:

8. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The violation(s) specified in Clause 2, Clause 4 (in case of exceeding from more than 50% to 100% of number of passengers permissible for transportation); Points c, d and e Clause 3; Points a, b, c ,d , dd, e, h, i, k, l, m, o and q Clause 5; Clause 6; Point b Clause 7 of this Article shall lead to suspension of driving license from 1 month to 3 months;

As regulations above, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on drivers of passenger automobile rental business for failure to bring the passenger list in Vietnam. In addition, the driving license shall be suspended from 1 month to 3 months.

What are responsibilities and powers of drivers of passenger automobile rental business in Vietnam?

Pursuant to Article 45 of the Circular 12/2020/TT-BGTVT stipulating rights and responsibilities of drivers involved in contractual passenger transport business and tourist transport business as follows:

1. Correctly comply with the traffic safety procedure set forth in Article 4 hereof.

2. Transport passengers in accordance with the itinerary and schedule already notified to the Department of Transport. Wear name tags and uniforms provided by transport businesses.

3. Drivers involved in contractual passenger transport business shall comply with the regulations prescribed in Clause 3 through 7 Article 7 of the Decree No. 10/2020/ND-CP. Drivers involved in tourist transport business shall comply with the regulations prescribed in Clauses 3, 4 and 7 Article 8 of the Decree No. 10/2020/ND-CP.

4. Drivers using application software assisting transport connection during transport of passengers shall have a device to access the interface showing electronic transport contracts and list of passengers specified in the Appendix 13 hereof.

5. Keep vehicles tidy, do not use technical measures, peripheral equipment and other measures to interfere in the camera operation, jam or scramble GPS and GSM or falsify data from tracking devices or cameras fitted to vehicles (for vehicles required to be fitted with cameras).

6. Refuse to transport passengers who pose threats to security, order and safety on vehicles; refuse to transport banned, flammable or explosive goods or live animals.

7. Be entitled refuse to operate a vehicle if it is found that the vehicle is not conformable to the safety conditions, fails to be fitted with a tracking device or camera (for the vehicle required to be fitted with a camera) or the tracking device or camera is out of order.

8. Do not carry passengers beyond the seating capacity and do not carry passengers and goods in excess of the gross vehicle weight rating written on the certificate of technical and environmental safety inspection of automobiles; place luggage evenly in the luggage trunk to ensure that luggage are not displaced during their transport; do not transport banned, flammable and explosive goods, live animals and dirty food.

9. Assume other responsibilities in accordance with regulations of the Law on Road Traffic, Decree No. 10/2020/ND-CP and other relevant regulations of law.

Above are responsibilities and powers of drivers of passenger automobile rental business in Vietnam.

Best regards!