Conditions for commercial transportation by car in Vietnam

Conditions for commercial transportation by car in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for commercial transportation by car in Vietnam

Conditions for commercial transportation by car according to Article 67 of the Law on Road Traffic 2008 are as follows:

- Enterprises, cooperatives and households conducting commercial transportation by car must fully meet the following conditions:

+ Making registration for commercial transportation by car under law;

+ Ensuring the quantity, quality and use life of vehicles suitable to the business form; fitting travel monitoring devices on their vehicles according to the Government’s regulations;

+ Ensuring the number of drivers and attendants suitable to the business plan and signing written labor contracts with them; attendants working on vehicles must be trained in transportation business skills and traffic safety; it is forbidden to employ drivers who are banned from driving under law;

+ Persons who directly manage transportation activities of enterprises and cooperatives must possess transportation qualifications;

+ Owning a parking lot suitable to the size of enterprise, cooperative or household, ensuring requirements of order, safely, fire and explosion prevention and fight, and environmental sanitation.

- Only enterprises and cooperatives may conduct commercial passenger transportation along fixed routes, commercial passenger transportation by bus or by taxi, and must fully meet the following conditions:

+ The conditions specified in Clause 1 of Article 67 of the Law on Road Traffic 2008;

+ Having a section in charge of traffic safety conditions;

+ Registering passenger transportation service quality standards with a competent agency and publicizing them.

- Only enterprises and cooperatives may conduct commercial cargo transportation by container and must fully meet the conditions specified in Clause 1 and Point b, Clause 2, of Article 67 of the Law on Road Traffic 2008.

- The Government shall issue specific regulations on conditions on and licensing of commercial transportation by car.

2. Rights and obligations of passenger transportation dealers in Vietnam

Rights and obligations of passenger transportation dealers in Vietnam according to Article 69 of the Law on Road Traffic 2008 are as follows:

- The passenger transportation dealer has the following rights:

+ To collect transportation fares and freights;

+ To refuse to transport before the vehicles leave the car terminal or embarking positions or to disembark under transport contracts persons who possess tickets or are named in the contracts but commit acts of disturbing public order, obstructing the transport dealer’s work, affecting the health and property of others or cheating in tickets, or passengers suffering a dangerous disease.

- The passenger transportation dealer has the following obligations:

+ To fully realize the commitments on transport quality or fully perform transport contracts;

+ To buy insurance for passengers, with insurance premiums included in passenger tickets;

+ To hand tickets and freight receipts to passengers;

+ To pay compensation for damage caused by their employees or representatives when performing jobs assigned by them;

+ To take responsibility for consequences caused by their employees or representatives in complying with their requests in contravention of the Law on Road Traffic 2008.

- The Minister of Finance shall assume the prime responsibility for, and coordinate with the Minister of Transport in, prescribing passenger tickets and freight receipts.

3. Responsibilities of drivers and attendants working on passenger cars in Vietnam

Responsibilities of drivers and attendants working on passenger cars according to Article 70 of the Law on Road Traffic 2008 are as follows:

- To check their cars’ safety conditions before setting off.

- To show civilized and polite behaviors and guide passengers to their right seats.

- To check the arrangement and tie up luggage and cargo to ensure safety.

- To take measures to protect passengers’ lives, health and property, and maintain order and sanitation in their cars;

- To close the doors before and during the time the cars move.

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