The following article will address 08 cases of revocation of road transport business licenses by automobile without time limit in Vietnam from January 01, 2025.
08 cases of revocation of road transport business licenses by automobile without time limit in Vietnam from January 01, 2025 (Image from Internet)
On December 18, 2024, the Government of Vietnam issued Decree 158/2024/ND-CP regulating road transport activities.
According to Clause 6, Article 21 of Decree 158/2024/ND-CP, transport business units in Vietnam shall have their business licenses revoked indefinitely in the following cases:
(1) Providing copies that do not match the originals or misleading information in the application for the business license;
(2) Not conducting transport business for all types listed on the business license for a duration of 6 months or more from the issuance date of the business license, or ceasing transport business for all types listed on the business license for 6 consecutive months or more;
(3) Terminating operations according to legal regulations or upon the proposal of the transport business unit;
(4) Tampering with or falsifying data from journey monitoring devices, or image data from devices recording images of drivers installed on vehicles before, during, and after data transmission;
(5) Failing to comply with the inspection or examination decisions on the adherence to regulations on business and business conditions of transport by automobile by the competent authority;
(6) Having 30% or more vehicles of the unit being handled for violations, with their badges withdrawn or suspended within one month;
(7) Having their transport business license suspended 2 times or more within one year;
(8) Failure to register for taxpayer registration, or to declare taxes in accordance with the tax law.
The agency granting the business license in Vietnam shall revoke the business license issued by its office and shall follow the procedure below:
- Issue a decision to revoke the business license;
- Send the decision to revoke the business license to the transport business unit and must publish the information on the portal of the Department of Transport;
- Report to the Provincial People's Committee and notify the decision to revoke the business license to relevant agencies for coordinated implementation;
- When the agency granting the business license issues a decision to revoke the business license for a type of transport business with violations; within 10 days from the signing date, the transport business unit must submit the business license and badges to the licensing agency and cease transport business operations in accordance with the revocation decision.
In cases where the transport business unit submits the business license and badges in accordance with the revocation decision, the agency granting the business license will not reissue the business license within 30 days from the date the transport business unit adequately submits the business license and badges in accordance with the revocation decision.
If the above time limit is exceeded and the transport business unit fails to submit the business license and badges, or submits but not adequately according to the revocation decision, the Department of Transport will not reissue the business license within 45 days from the date the transport business unit adequately submits the business license and badges according to the revocation decision.
After the above period, if there is a demand to continue participating in business, the transport business unit shall proceed with the procedures for obtaining the business license and badges in accordance with Clause 1, Article 21, and Clause 6, Article 23 of Decree 158/2024/ND-CP.
(Clause 7, Article 21 of Decree 158/2024/ND-CP)
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