Procedures for issuance of a business license for operating automobiles, four-wheeled motor vehicles in Vietnam

Procedures for issuance of a business license for operating automobiles, four-wheeled motor vehicles in Vietnam​ (Image from Internet)

1. Procedures for issuance of a business license for operating automobiles, four-wheeled motor vehicles in Vietnam

According to Article 21 of Decree 158/2024/ND-CP, the procedures for issuing, reissuing, or revoking the business license for operating automobiles, four-wheeled motor vehicles in Vietnam are as follows:

* Procedure for Issuance of Business License

- The transport business entity submits 01 set of application dossier requesting the issuance of a Business License to the Department of Transport where the entity’s head office or branch office is located through one of the following methods: directly, online, or via postal service. In case the dossier needs amendments or supplements, the licensing authority shall notify directly, in writing, or through the online public service system the contents that need to be supplemented or amended to the transport business entity within 03 working days from the date of receipt of the dossier;

- Within 05 working days from the date of receiving a complete and valid dossier, the licensing authority shall appraise the dossier and issue the Business License for transportation by automobiles or four-wheeled motor vehicles according to the form prescribed in Appendix II attached to Decree 158/2024/ND-CP. If the Business License is not issued, the licensing authority must provide a written response or notify via the online public service system and specify the reason.

- The procedure for reissuing a Business License due to changes related to the contents of the Business License or if the Business License is revoked shall be automobileried out according to the provisions of Clause 1 Article 21 of Decree 158/2024/ND-CP.

- Procedure for reissuing the Business License in case of loss or damage:

+ The transport business entity submits 01 set of application dossier requesting reissuance of a Business License to the Department of Transport where the entity’s head office or branch office is located. In case the dossier needs amendments or supplements, the licensing authority shall notify directly, in writing, or through the online public service system the contents that need to be supplemented or amended to the transport business entity within 02 working days from the date of receipt of the dossier;

+ Within 03 working days from the date of receiving a complete and valid dossier, the licensing authority shall reissue the Business License for transportation by automobiles or four-wheeled motor vehicles according to the form prescribed in Appendix II attached to Decree 158/2024/ND-CP. If the Business License is not issued, the licensing authority must provide a written response or notify via the online public service system and specify the reason.

- The licensing authority checks information regarding the Certificate of Business Registration or Business Registration Certificate on the National Business Registration Portal or the business information portal of the Department of Planning and Investment of provinces and cities before issuing the Business License.

- The receipt of dossiers and delivery of results are conducted at the One-Stop Division of the licensing authority or via postal service. In cases where dossiers are received directly at the licensing authority or via postal service, the officer receiving the dossier updates the information of the dossiers correctly according to regulations into the online public service system of the Ministry of Transport.

The licensing authority processes dossiers and issues Business Licenses through the online public service system of the Ministry of Transport.

- The transport business entity is subject to indefinite revocation of the Business License in one of the following cases:

+ Providing a copy inconsistent with the original or incorrect information in the application dossier for a Business License;

+ Not conducting transport business for all types indicated on the Business License for a period of 06 months or more from the issuance date, or halting transport business for all types indicated on the Business License for 06 consecutive months or more;

+ Terminating operations according to law or upon request from the transport business entity;

+ Modifying or falsifying data from trip monitoring devices, image data from driver image recording devices installed on vehicles before, during, and after data transmission;

+ Not complying with inspection, investigation decisions on the adherence to regulations on business, business conditions for transport by automobiles from competent authorities;

+ Having 30% or more vehicles of the entity penalized for recovery, withdrawal of markings in 01 month;

+ Having the right to use the transport business license revoked 02 times or more in 01 year;

+ Not registering as a taxpayer, not declaring taxes according to tax regulations.

- The licensing authority revokes the Business License issued by its agency and implements the following sequence:

+ Issuance of revocation decision for the Business License;

+ Sending the revocation decision for the Business License to the transport business entity and publishing information on the electronic information page of the Department of Transport;

+ Reporting to the provincial People's Committee and notifying the revocation decision to relevant agencies for coordination;

+ When the licensing authority issues a revocation decision for the Business License for the type of transport business with violations, within 10 days from the signing date, the transport business entity must return the Business License and marking to the licensing authority, and cease transport business activities according to the revocation decision.

In case the transport business entity returns the Business License and markings according to the revocation decision, the licensing authority shall not reissue the Business License within 30 days from the date the transport business entity fully returns the Business License and markings according to the revocation decision.

If beyond the aforesaid period, the transport business entity does not return the Business License and markings or returns but not fully according to the revocation decision, the Department of Transport shall not reissue the Business License within 45 days from the date the transport business entity fully returns the Business License and markings according to the revocation decision. After this period, if there is a need to continue participating in business, the transport business entity must comply with procedures to be issued a Business License, markings according to the provisions of Clause 1 Article 21 and Clause 6 Article 23 of Decree 158/2024/ND-CP.

- Department of Transport:

+ Manage, organize printing of Business Licenses for automobiles, four-wheeled motor vehicles according to the form promulgated in Decree 158/2024/ND-CP; issue, reissue Business Licenses for automobiles, four-wheeled motor vehicles for passenger transport business and goods transport business within the local area;

+ Regularly, from the 1st to the 5th of each month, publish the list of vehicles (registered vehicle plate numbers), type of markings issued, and validity period of markings) and transport business entities (entity names, business types issued, validity period of the transport business license for automobiles; list of vehicles revoked, markings withdrawn; list of transport business entities revoked, markings withdrawn transport business license for automobiles from the previous month on the electronic information page of the Department of Transport for inspection, supervision purposes.

2. Regulations on ensuring safety in transportation activities using automobiles, four-wheeled motor vehicles in Vietnam

The regulations on ensuring safety in transportation activities using automobiles and four-wheeled motor vehicles according to Article 11 of Decree 158/2024/ND-CP are as follows:

- Transportation businesses using automobiles and four-wheeled motor vehicles must have a safety management department that establishes and implements safety assurance measures in transportation activities to meet the following requirements:

+ There must be a person directly managing the transportation activities as stipulated in Clause 2, Article 11 of Decree 158/2024/ND-CP and personnel monitoring and supervising the activities of drivers and vehicles throughout their participation in transport business;

+ Develop and execute tasks to ensure traffic safety as stipulated in Article 11 of Decree 158/2024/ND-CP;

+ Assign tasks to drivers; only use drivers operating transport business vehicles with driving licenses appropriate to the vehicle type as specified in Article 57 of the Road Traffic Safety Law 2024, and drivers who have been awarded a Certificate of Completion of Transport Business Training.

- The person directly managing transportation activities of the transport business unit must ensure the following requirements:

+ For businesses transporting passengers on fixed routes, using buses, taxis, and freight transport businesses using towing vehicles with trailers, they must have professional qualifications in transportation (have a primary certificate in transportation or a vocational secondary diploma or higher in transportation or road);

+ For passenger and freight transport businesses not subject to point a, Clause 2, Article 11 of Decree 158/2024/ND-CP, they must meet the requirement at point a, Clause 2, Article 11 of Decree 158/2024/ND-CP or have a minimum of 3 years of working experience at a transport business unit or be the owner of a household transport business of a transport business unit or the legal representative of a transport business unit;

+ Ensure working hours at the transport business unit comply with labor law and are consistent with the unit's operating hours.

- The safety management department at transportation businesses using automobiles and four-wheeled motor vehicles must perform the following tasks before assigning a new transportation task to the driver:

+ Compile and analyze data on the activities of each vehicle during the implementation of the transport task using journey monitoring devices and driver image recording devices (applicable to vehicles required to install such equipment) to correct, remind and handle violations;

+ Receive and address proposals and feedback from drivers regarding traffic safety-related issues;

+ Coordinate with other departments to arrange vehicles and drivers to execute the transport task, ensuring continuous driving time, daily and weekly driving time, and driver's rest time according to Article 64 of the Road Traffic Safety Law 2024.

- Before executing a transportation task, the safety management department, or the person directly managing transportation, or the managing official assigned by the unit, and the driver must undertake the following tasks (for taxi transport business, implement according to the business plan of the unit):

+ Check the driver's driving license; the certificate of technical safety and environmental protection inspection; vehicle registration certificate; transport order for passenger transport on fixed routes, buses; transport contract for passenger transport by contract; goods transport document for freight transport;

+ Directly or through the transport business unit's software, notify drivers of the customer's transport requirements;

+ Check the driver's alcohol and drug level (if the unit is equipped with testing equipment and tools).

- After being assigned transportation tasks and before the vehicle departs, the driver must check to ensure the technical safety condition of the vehicle, including key components: check the journey monitoring device, driver image recording device installed on the vehicle (for vehicles required to be equipped according to regulations), ensure everything is functioning properly; check the steering system, wheels, braking system, lights, horn, and information posted on the vehicle.

- Before allowing the vehicle to depart on the transportation task, the driver assigned the task must use his driver identification automobiled to log in information through the automobiled reader of the vehicle's journey monitoring device.

- When the vehicle is operating on the road

+ The traffic safety management department or the person tasked with traffic safety management in the transportation business must execute the following tasks: through data from the journey monitoring device, upon detecting drivers violating continuous driving time, daily driving time, wrong itinerary, journey monitoring device not operating, promptly inform the driver to adjust, promptly rectify the violations;

+ Drivers must strictly comply with traffic safety regulations during the operation of vehicles to transport passengers and goods, comply with continuous driving time regulations, daily and weekly driving time regulations, speed limits, journey route, journey monitoring device, driver image recording device (for vehicle types required to be installed), ensure they always operate properly; report immediately the time, location, and cause when a traffic safety incident occurs so that the unit can implement measures to promptly address it.

- When the driver concludes the assigned task or the work shift ends

+ The safety management department, or the person directly managing transportation, or the management officer assigned by the unit must automobilery out the following tasks: record the distance the vehicle has traveled as a basis for planning and executing maintenance and repair policies for vehicles according to the regular maintenance cycle; keep statistics and monitor the maintenance and repair results of each vehicle; record violations of speed limits, continuous driving time violations, daily, weekly driving time, wrong transport itinerary operations, data interruptions from the journey monitoring device, driver image recording device (for vehicle types required to be equipped); report to unit leaders for handling according to regulations; compile traffic safety incident reports during the vehicle's business operations on the road;

+ The driver must perform the following tasks: use his driver identification automobiled to log out of the information through the automobiled reader of the vehicle's journey monitoring device; after completing the journey or ending the work shift, before leaving the vehicle, the driver must check the passenger compartment to ensure no passengers are left on the vehicle (applicable to passenger transport vehicles).

- On a monthly, quarterly or yearly basis, the safety management department (or management official assigned by the unit) must perform the following tasks:

+ Record the number of accidents, causes, and the severity of accidents involving each driver and the entire unit;

+ Develop and implement plans to address traffic safety incidents occurring during transportation business activities;

+ Organize evaluations and draw lessons for all drivers in the unit after any serious or higher level of traffic accidents during transportation business activities;

+ Coordinate with unit professional departments to organize business training sessions for all unit drivers according to regulations;

+ Archive records and documents in paper form or on software results of tasks performed as stipulated in Clause 2, Clause 3, and point a, Clause 7, Article 11 of Decree 158/2024/ND-CP. The minimum storage period is 3 years.

- Internal transport units must monitor and compile the activities of drivers, automobiles, and four-wheeled motor vehicles during the transportation of staff, employees, workers, or preschool children, students; transport of products, goods, or equipment, tools, materials, fuel to serve the production, consumption of products, or services of the internal transport unit.

Internal transport units and drivers must ensure at least traffic safety management in internal transport activities using automobiles and four-wheeled motor vehicles according to the following provisions:

+ Provisions at point c, Clause 3, point c, Clause 4, Article 11 of Decree 158/2024/ND-CP;

+ Check driver's license; technical safety and environmental protection inspection certificate; vehicle registration certificate;

+ After being assigned tasks and before letting the vehicle depart, the driver assigned the task must check to ensure the technical safety condition of the vehicle; check the steering system; check the wheels; check the braking system; lights, horn; information posted on the vehicle. When the vehicle is operating on the road, the driver must comply strictly with the traffic safety regulations while operating the vehicle to transport passengers, goods, complying with continuous driving time regulations, daily and weekly driving time regulations, speed limits, journey route; report immediately the time, place, and cause when a traffic safety incident occurs so that the unit can take measures to promptly handle it. After the journey ends or the work shift ends, before leaving the vehicle, the driver must check the passenger compartment to ensure no passengers are left on the vehicle (applicable to passenger transport vehicles);

+ The internal transport unit must: monitor and compile the activity process of executing the transport task of the vehicle and the driver; implement reminders, corrections when there are incidents causing traffic safety loss; keep statistics on the distance the vehicle has traveled as a basis for planning and implementing maintenance and repair policies for vehicles according to the regular maintenance cycle; keep statistics and monitor the maintenance and repair results of each vehicle; compile traffic safety incidents during the vehicle's transport activities on the road.

- Passenger bus and goods terminal service businesses must ensure full implementation of the regulations in Clause 2, Article 72 of the Road Law 2024; develop and implement a procedure for vehicles entering and exiting terminals to ensure vehicle operational safety within the terminal.

- Transport business units

+ Using automobiles, four-wheeled motor vehicles participating in transport business must meet traffic participation conditions according to regulation in Clause 1, Clause 2, Article 35, Clause 1, Clause 2, and Clause 3 of Article 40 in the Road Traffic Safety Law 2024; must have seat belts in each seating position, sleeping position (except intra-provincial buses), provide safety traffic and emergency exit guide in case of incident;

+ Do not use two-story sleeper buses to operate on mountain roads of grade V and grade VI;

+ Utilize transport business drivers with at least 2 years of experience driving passenger vehicles with a designed payload of over 29 seats (excluding the driver's seat) to drive two-story sleeper buses;

+ Establish and update all content regulations regarding the operation process of automobiles, four-wheeled motor vehicles, and unit drivers into vehicle records and driving automobileeer records;

+ Passenger transport business units, drivers, service staff on buses (if any) when receiving goods shipped by automobile (without the goods sender traveling with the vehicle) must comply with the regulations of Article 68 Road Law 2024.

- Rest time between two continuous driving sessions is as follows:

+ For taxi and intra-provincial bus drivers: a minimum of 5 minutes;

+ For fixed-route passenger transport drivers, inter-provincial bus drivers, contract-based passenger transport drivers, and freight transport drivers: a minimum of 15 minutes.

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