Regulations on passenger transportation business by contract in Vietnam from January 1, 2025

Regulations on passenger transportation business by contract in Vietnam from January 1, 2025​ (Image from the Internet)

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

Regulations on passenger transportation business by contract in Vietnam from January 1, 2025

In Article 7 of Decree 158/2024/ND-CP, regulations on passenger transport business by contract in Vietnam from January 1, 2025, are as follows:

(1) Transport business units with a license for passenger transport by automobile, which includes the form of passenger transport business by contract, are allowed to engage in passenger transport business by contract.

(2) Cars engaged in passenger transport business by contract

- Cars engaged in passenger transport business by contract must conform to Clause 10, Article 56 of the Road Traffic Law;

- Must have the label “CONTRACT VEHICLE” as per Form 06, Annex XIII attached to Decree 158/2024/ND-CP and must be fixed at the upper right corner immediately below the inspection stamp on the inside of the front windscreen; must display all other information on the vehicle according to regulations;

- The phrase “CONTRACT VEHICLE” made from reflective material must be affixed (fixed) on the front and rear windshields of the vehicle; the minimum size of the phrase “CONTRACT VEHICLE” is 06 x 20 cm as per Form 07, Annex XIII attached to Decree 158/2024/ND-CP.

In the case of electronic devices, the phrase “CONTRACT VEHICLE” must always be illuminated and have a minimum size of 06 x 20 cm.

(3) The transport contract in written form must be negotiated and signed before conducting the transportation between the passenger transport business unit by contract and the transport hirer, including the hiring of the driver.

In cases where the transport business unit uses cars carrying eight or more seats (excluding the seat of the driver) or cars designed, modified, with fewer than eight seats from cars with more than eight seats (excluding the seat of the driver), a written transport contract must be signed between the passenger transport business unit and the transport hirer for the entire vehicle, including the driver.

(4) Passenger transport business units by contract and drivers

- The passenger transport business unit by contract: must not confirm booking for each passenger outside the signed contract; must not sell tickets; must not collect money outside the signed contract; must not set fixed routes and schedules to serve multiple passengers or various transport hirers;

- Drivers are only allowed to pick up and drop off passengers at the locations specified in the transport contract; must not gather passengers, pick up passengers outside the list attached to the contract provided by the transport business unit; must not pick up or drop off passengers at the main office, branch office, representative office, or any other fixed location hired or for cooperative business by the transport business unit on street routes.

(5) When transporting passengers, besides the documents required to be carried as per Clause 1, Article 56 of the Road Traffic Order and Safety Law, drivers must also comply with the following regulations:

- Carry the written transport contract signed by the transport business unit (except in cases conducted as stipulated in point c of this clause);

- Carry the passenger list with the official seal of the transport business unit (except in cases conducted as stipulated in point c of this clause);

- In the case of using electronic contracts, drivers must have a device to access the contents of the electronic contract and the attached passenger list provided by the transport business unit;

- Drivers are not required to comply with points a, b, and c of this clause in the case of implementing transport contracts serving funerals, weddings.

(6) Passenger transport business units by contract must store transport contracts and passenger lists for a minimum of 3 years.

(7) Passenger transport by contract, transporting preschool children, students, officials, and employees to study and work

- Passenger transport business units by contract sign a written transport contract with the transport hirer;

- Drivers must only pick up and drop off preschool children, students, officials, and public employees at the places specified in the signed transport contract; transport the right subjects and are not required to implement the provisions of point b, Clause 4 of this Article.

(8) Cars engaged in transport business carrying preschool children, students; cars engaged in transport business combined with the activity of picking up and dropping off preschool children, students shall comply with the regulations of Decree 158/2024/ND-CP and Decree 151/2024/ND-CP.

(9) Apart from emergency medical services, serving urgent tasks such as natural disasters, adversities as requested by the authorities, passenger transport cars by contract must not pick up or drop off passengers outside the locations listed in the contract.

(10) Periodically from the 1st to the 5th of each month, the Department of Transport shall notify in writing the list of newly issued contract vehicle labels for the preceding month to the People's Committee of the commune where the transport business unit sets up its head office or branch office for management coordination; publicly post on the website of the Department of Transport.

More details can be found in Decree 158/2024/ND-CP which takes effect from January 1, 2025.

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