Procedures for issue of permit for transport business by auto in Vietnam

Every year, traffic accidents take the lives of many people and take away many tears from those who stay. Typically, the tragic accident on Prenn Pass recently left 6 people dead and many injured. It is known that according to the initial report of the Directorate for Roads of Vietnam, the vehicle 60B-029.68 does not have a transport business license, no signal to monitor the journey. So, how are the penalties?

According to Clause 1 Article 20 of Decree No. 86/2014/NĐ-CP of Vietnam’s Government, the passenger transport business units and the goods transport business units must have the permit for transport business by auto.

Procedures for issue of business Permit is prescribed in Article 22 of this Decree, specifically as follows:

1. The transport business unit will submit 01 dossier to request the issue of business Permit to the licensing organ by post or directly at the head office of the licensing organ. In case the dossier needs modification or supplementation, the licensing organ will inform directly or in writing of the contents to be supplemented or modified to the transport business unit within 03 working days after the receipt of dossier.

2. Within 05 working days, after the receipt of dossier in accordance with regulations, the issuing organ will verify the dossier and issue the business Permit and approve the attached business Plan. In case of failure to issue the business Permit, the licensing organ will reply in writing stating the reasons.

3. The receipt of dossier and return of result are done at the head office or by post.

Administrative sanction for this act as follows:

A fine of from 3,000,000 VND to 4,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 8,000,000 VND shall be imposed upon the organization that provides transport services without a Certificate of business registration or the License for transport services (according to Point c Clause 4 Article 28 of Decree No. 171/2013/NĐ-CP of Vietnam’s Government).

As for the case where there is no tracking device, the penalties are as follows:

- For vehicle drivers: A fine of from 1,000,000 VND to 2,000,000 VND (for vehicles that require a cruise monitoring device);

- For individual/organization that provides transport services: A fine of from 3,000,000 VND to 4,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 8,000,000 VND shall be imposed upon the organization.

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