How much is fine for drivers of transport businesses to not join specialized training in Vietnam?
How much is fine for drivers of transport businesses to not join specialized training in Vietnam? If training is required, but the driver has not been trained, how much will he be fined?
How much is fine for drivers of transport businesses to not join specialized training in Vietnam?
At Point c, Clause 3, Article 34 of Decree No. 10/2020/ND-CP, it is stipulated that:
3. Auto transport businesses shall:
a) 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;
b) Ensure passenger’s rights as per the law;
c) Organize specialized training on transport and traffic safety for drivers and staff serving on automobiles; provide their drivers with driver identity cards as regulated;
d) 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.
Thus, according to the above regulations in Vietnam, drivers and staff serving on automobiles on the passenger transport business have to join specialized training.
At Point g, Clause 4, Article 28 of Decree No. 100/2019/ND-CP stipulates:
4. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 8,000,000 upon an organization that commits any of the following violations:
a) Failure to provide transport order and transport permit for drivers as per the law;
b) Failure to register and put up or accurately and adequately put up information about the routes, starting points and destinations, charges, quality standards of the transport services or ancillary services, except for the violations specified in Point dd Clause 2 of this Article;
c) Using a 09 seater vehicle or bigger as a passenger taxi;
d) Operating passenger taxis without installing the “TAXI” roof signs and posting “XE TAXI” (taxi) on the front and rear windshields as per the law or improperly installing the “TAXI” roof signs (not fixed, incorrect dimensions and made with materials other than reflectors); failure to include accurate service phone number according to business (cooperative) registration;
dd) Operating contract-based vehicles providing passenger transportation services and vehicles providing tourism transportation services without including the phrase “XE HỢP DỒNG” (contract vehicle) in case of contract-based vehicles and “XE DU LỊCH” (tourism vehicle) in case of vehicle for tourism transportation on the front and rear windshields as per the law or improperly including the 2 phrases above (not fixed, incorrect dimensions and made with materials other than reflectors);
e) Failure to issue “Thẻ nhận dạng lái xe” (driver identification) for drivers as per the law;
g) Employing drivers and attendants who are not trained in passenger transport and road safety (if the type of transport requires that drivers and attendants be so trained);
h) Employing drivers and attendants without employment contracts;
i) Failure to develop procedures to ensure traffic safety or failure to adequately develop as per the law or failure to follow the procedures for ensuring traffic safety as per the law;
k) Failure to assign personnel to directly operate transportation activities or failure to satisfy requirements after assigning as per the law;
l) Using the vehicles of cooperative members to provide transport services without written agreements between such members and the cooperative; or using vehicles that are not under their right to enjoyment to provide transport services;
m) Failure to park in designated areas;
n) The information in the transport order is not completely certified by the station or not certified at all, or the transport order is certified while the vehicle is not present at the station;
o) Failure to notify content of the passenger transport contract to the Provincial Department of Transport before executing such contract;
p) Picking up, selling tickets, charging and verifying booking for individual passenger in case of contract-based vehicles providing passenger transportation an vehicles providing tourism transportation; designating fixed routes to serve different customers or other service recipients in case of contract-based vehicles providing passenger transportation;
g) Operating a passenger vehicle without seat belts at seats and beds as per the law (except for provincial bus lines);
r) Operating contract-based passenger vehicles and vehicles providing tourism transportation whose number of trips sharing departure locations and sharing destination exceed the limit as per the law;
s) Operating contract-based passenger vehicle and vehicles providing tourism transportation without complying with regulations on picking up and disembarking passengers at head offices, branch offices, representative offices or other specific locations hired or cooperated with transport service providers;
t) Operating taxis, contract-based passenger vehicles and vehicles providing tourism transportation whose 70% of total operational period in a month in a province (or central-affiliated city) without possessing the badges issued by Departments of Transports of corresponding province (or central-affiliated city).
Thus, the case that the driver of that transport business has not undergone the training course will be punished with the above fine in Vietnam.
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