Regulations on ensuring safety in transportation activities by automobile and motorized four-wheeled vehicles in Vietnam

Regulations on ensuring safety in transportation activities by automobile and motorized four-wheeled vehicles in Vietnam​ (Image from the internet)

On December 18, 2024, the Government of Vietnam issued Decree 158/2024/ND-CP regulating road transportation activities.

Regulations on ensuring safety in transportation activities by automobile and motorized four-wheeled vehicles in Vietnam

According to Article 11 of Decree 158/2024/ND-CP, regulations on ensuring safety in transportation operations using motor vehicles, four-wheel motorized vehicles are as follows:

(1) Transportation businesses using motor vehicles, four-wheel motorized vehicles must have a safety management department, develop and implement traffic safety assurance in transportation operations meeting the following requirements:

- Have a person directly handling transportation operations as stipulated in Clause 2 of this Article and personnel to monitor and supervise the activities of drivers and vehicles throughout the transportation business process;

- Develop and implement tasks to ensure traffic safety per the provisions of this article;

- Task drivers; only utilize drivers for commercial transportation vehicles who possess a driver's license suitable for the type of vehicle as stipulated in Article 57 of the Road Traffic Safety and Order Law and drivers who have been issued a Certificate of Completion of Transportation Business Training.

(2) The person directly conducting transportation operations of transportation businesses must meet the following requirements:

- For businesses transporting passengers on fixed routes, transporting passengers by bus, taxi, and transportation businesses using vehicles with trailers, tractors pulling semi-trailers must have professional qualifications in transportation (possessing a primary level certificate in transportation specialization or having a graduation diploma in transportation or higher);

- For businesses transporting passengers, goods (not covered in point a of this clause), must meet the requirements of point a of this clause or have been employed in a transportation business for at least 03 years or be the business owner of the transportation business or a legal representative of the transportation business;

- Ensure work time at the transportation business in accordance with labor law and is consistent with the business's operational hours.

(3) The safety management department in transportation businesses using motor vehicles, four-wheel motorized vehicles before assigning new transportation tasks to drivers must perform the following tasks:

- Aggregate, analyze the data on each vehicle's activities during transportation tasks via journey monitoring devices, driver image recording devices (applicable to vehicles required to be installed) to correct, remind and handle violations;

- Receive and resolve drivers' proposals, feedback regarding traffic safety issues;

- Coordinate with other departments in the business to arrange vehicles and drivers for transportation tasks, ensuring compliance with regulations on continuous driving time, daily, weekly driving time, and drivers' rest time as stipulated in Article 64 of the 2024 Road Traffic Safety and Order Law.

(4) Before executing transportation tasks, the safety management department or the person directly conducting transportation operations or management personnel assigned by the business and the driver must perform the following tasks (for taxi transportation business, implementation is according to the business's production plan):

- Check the driver's license; certificates of technical safety and environmental protection inspection; vehicle registration certificate; transportation orders for fixed-route passenger transportation, buses; transportation contracts for passenger transport by contract; transport papers for goods transportation;

- Inform directly or through software of the transportation business to the driver about customer transportation requests;

- Check alcohol concentration, drugs for drivers (if the business is equipped with testing devices, tools).

(5) After being assigned the task and before starting the vehicle, the driver assigned to transport tasks must check to ensure the minimum technical safety of the vehicle comprising the following main contents: check the journey monitoring device, driver image recording device installed on the vehicle (where installation is obligatory per regulations) to ensure good functionality; check the steering system; check the wheels; check the braking system; lighting, horns; posted information on the vehicle.

(6) Before starting the vehicle for transportation tasks, the driver assigned must use their driving identification card to log in information via the vehicle's journey monitoring device card reader.

(7) When the vehicle is operating on the road:

- The traffic safety management department or the person assigned transportation safety management duties in the transportation business performs tasks: through data from the journey monitoring device, upon detecting violations of continuous driving time, daily driving time, incorrect routes, inoperability of the journey monitoring device, promptly inform the driver to demand adjustments, prompt rectification of violations;

- The driver must strictly comply with traffic safety regulations while operating the vehicle to transport passengers, goods, adhere to regulations on continuous driving time, daily and weekly driving time, regulate speed, driving route, journey monitoring device, driver image recording device (for vehicles requiring installation) ensure that they are always operational; promptly report time, place, and cause when traffic safety issues occur for the unit to have prompt solutions.

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More details can be found in Article 11 of Decree 158/2024/ND-CP effective from January 1, 2025.

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