Transport business by auto means the use of automobiles to transport passengers and goods on the road for profit purposes. Transport business by auto is one of 243 industries specified in the List of conditional business lines in Vietnam. Therefore, the law also sets specific conditions for this activity.
According to Article 13 of Decree No. 86/2014/NĐ-CP of Vietnam’s Government, Article 4 of Circular No. 63/2014/TT-BGTVT and Article 1 of Circular No. 60/2015/TT-BGTVT of the Ministry of Transport of Vietnam, general conditions for transport business by auto are as follows:
Business Permit: Any transport companies wishing to provide automobile transport service that is compelled to have a license shall obtain a License for automobile transport.
Vehicle: There must be a sufficient number of vehicles upon transport business activities under the approved business plan; ensure technical safety and environmental protection; be installed the route monitoring equipment.
Driver: Driver is not the person whose practice is prohibited; Driver and service personnel must have a written labor contract with the transport business unit; Transport business units must use drivers with at least 02 years of experience in operating passenger cars with a capacity of 30 seats or more to operate passenger cars with double-decker beds; etc.
The transport operator must have professional qualification in transport from the intermediate level or above or college or higher education of economic or technical majors and continuous work time at transport units from 03 years or more.
Parking place: The transport business unit must have a parking place in accordance with the business plan and ensure the requirements for traffic safety, fire and explosion prevention and environmental sanitation as prescribed by law.
Organization and management: The transport business units having the vehicles subject to installation of route monitoring equipment must equip their vehicles with computer, network connection line and must monitor and process information received from the route monitoring equipment installed on the vehicles; Enterprises and cooperatives doing business of passenger transport along fixed routes, by bus, taxi or goods transport in container must have a division to manage and monitor the conditions on traffic safety; etc.
In addition to these general conditions, the law also stipulates specific conditions for passenger transport business along fixed route; passenger transport business by bus, taxi; passenger transport business under contract, tourist transport by auto; goods transport business in Articles 15,16,17,18,19 of Decree No. 86/2014/NĐ-CP of Vietnam’s Government.
However, these regulations only apply until the end of March 31, 2020. From April 01, 2020, the conditions for transport business by auto will be implemented according to the new regulations of Decree No. 10/2020/NĐ-CP.
Nguyen Trinh
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