Procedures for registration, suspension of operation, and revocation of operating registration of fixed-route passenger transport in Vietnam

Procedures for registration, suspension of operation, and revocation of operating registration of fixed-route passenger transport in Vietnam
Le Truong Quoc Dat

Below are the procedures for registration, suspension of operation, and revocation of operating registration of fixed-route passenger transport in Vietnam.

1. Procedures for registration, suspension of operation, and revocation of operating registration of fixed-route passenger transport in Vietnam

According to Article 22 of Decree 158/2024/ND-CP, the procedures for registration, suspension of operations, and revocation ofoperating registration of fixed-route passenger transport in Vietnam are as follows:

- For currently operational fixed route passenger transport:

Based on the list of the fixed route passenger transport network and the pre-established timetable, as published and updated in the Ministry of Transport's fixed route database, transport businesses with transport business licenses using vehicles of the appropriate type for fixed routes are entitled to select departure times and register for route operation in accordance with the provisions in clauses 3 and 4 of Article 22 of Decree 158/2024/ND-CP.

- For adjustments, additions to fixed route passenger transport:

+ Based on the announced bus stations, the transport business unit communicates with the bus stations at both ends of the route and develops a route operation plan to be sent to the relevant Department of Transport (where the transport business is headquartered or has a branch) for registration and coordination with the opposite end’s Department of Transport;

+ Within 2 working days from the receipt of the route operation plan, the Department of Transport (where the business is headquartered or has a branch) will send consultation documents via the Ministry of Transport’s software system to the opposite end’s Department of Transport regarding the incorporation of the fixed route adjustment into the network (the consultation content must include basic information such as departure station, arrival station, driving itinerary, volume, and spacing between adjacent trips);

+ Within 2 working days from receiving the consultation document, the Department of Transport at the opposite end is responsible for responding in written form on the Ministry of Transport’s online public service system regarding consent or rejection (stating specific reasons). If the Department of Transport at the opposite end does not respond, the system will automatically transition to an approved status;

+ The Department of Transport (where the transport business is headquartered or has a branch) will chair the updating and supplementation of the detailed route list as per points a and b, clause 3, Article 4 of Decree 158/2024/ND-CP, issue vehicle decals, and organize the updating and addition to the interprovincial transport network list.

- The registration dossier for route exploitation includes:

+ A route exploitation registration form in accordance with the prescribed template in Annex III attached to Decree 158/2024/ND-CP;

+ Copies or certified copies or certified electronic copies from the original document or electronic copies from the original records, or original documents of the agreed exchange between bus stations at both ends of the route with the transport business participating in the exploitation (applicable for route adjustments and additions).

- Route exploitation registration process:

+ The transport business submits one electronic registration dossier for route exploitation to the Department of Transport that issued the business license on the Ministry of Transport’s online public service system (direct submissions or postal service submissions to the route management agency are not accepted);

+ Within 3 working days from the receipt of the dossier, the Department of Transport must verify the dossier. If any amendments or supplements are required, the Department of Transport responsible for the dossier will notify the amendments or supplements needed directly on the public service system to the transport business.

Within 2 working days from receiving the notification of amendments or supplements from the Department of Transport, the transport business must complete and update the dossier on the online public service system. If the completion and submission of the dossier exceed 2 working days from receiving the notification, the dossier will be deemed invalid, and the Department of Transport will continue checking the subsequent dossier based on the electronic submission order on the public service system;

+ Within 3 working days from receipt of the fully compliant dossier, the responsible Department of Transport will review and send a consultation document on the Ministry of Transport’s online public service system to the Department of Transport at the opposite end. Within 2 working days, the Department of Transport at the opposite end is responsible for responding in written form on the online public service system regarding consent or rejection (stating specific reasons). If the Department of Transport at the opposite end does not respond, the system will automatically transition to an approved status;

+ After obtaining confirmation of consent from the Department of Transport at the opposite end, the responsible Department of Transport issues a successful route exploitation registration announcement (in writing) and on the online public service system, sent to the transport business, the Department of Transport at the opposite end (for interprovincial fixed route transport), and both ends’ bus stations for coordination management in the form prescribed in Annex IV attached to Decree 158/2024/ND-CP.

In cases of multiple simultaneous applications for the same route and departure time, the Department of Transport will process the applications in the order of submission time on the online public service system, with the earliest submissions being addressed first.

- The successful route exploitation registration announcement is effective from the date of signing until the transport business ceases route participation or according to the effective suspension decision of route exploitation by the Department of Transport. 10 days before expiry, the Department of Transport will notify in writing on the Ministry of Transport’s online public service system about the expiration date of the route exploitation registration announcement. If within 60 days from the date of successful route operation registration, the transport business does not deploy vehicles for operation, the successful registration announcement will no longer be effective.

- The transport business is allowed to cease route operations or operations of one or several trips on the route.

+ 5 days prior to ceasing operations, the transport business must notify the Department of Transport, both ends’ bus stations, and return the fixed route vehicle decals to the Department of Transport (decal issuer) on the suspension date. Both ends’ bus stations will publicly post the suspension notice at least 10 days from receiving the notice from the transport business;

+ Within 2 working days from the unit ceasing operations, the Department of Transport where the business is headquartered (or has a branch) will publicly announce in writing to the Department of Transport at the opposite end on the Ministry of Transport’s online public service system; update according to points a and b, clause 3, Article 4 of Decree 158/2024/ND-CP into the transport operation permission database;

+ After sending the suspension notification, if the business wishes to re-register for route operations, they must follow the route exploitation registration procedure after the Department of Transport completes updates as per point b, clause 6, Article 22 of Decree 158/2024/ND-CP.

- Transport businesses will have the successful route exploitation announcement revoked for currently operating trips if in one month they execute under 70% of the total registered trips for a month (total registered trips calculated as per the successful route exploitation registration announcement).

- The Department of Transport issuing the successful route exploitation announcement will conduct the revocation process for the currently operating trips as follows:

+ Issue the revocation decision. If the registered route exploitation has only one trip, or all trips on the route operate under 70% of the registered total trips, revoke the successful route exploitation announcement and the already issued vehicle decals for route operations;

+ Send the revocation decision to the transport business, both ends’ bus stations, and the Department of Transport at the opposite end and post information on the Department of Transport’s web portal;

+ Within 2 working days from the revocation decision issuance, update the departure time information of the revoked trip into the Ministry of Transport’s transport operation permission database, providing a foundation for other transport businesses to register for route operation in accordance with Decree 158/2024/ND-CP;

+ Within 30 days from the revocation decision coming into effect, the transport business with revoked status is not permitted to register for operations on the route with revoked trips. After 30 days from the revocation decision’s effective date, if there is a demand to continue business on the revoked trip route, the transport business must carry out the route exploitation registration procedures according to clause 4, Article 22 of Decree 158/2024/ND-CP.

2. Regulations on passenger transport business by fixed route automobiles in Vietnam

According to Article 4 of Decree 158/2024/ND-CP, the regulations regarding passenger transport business by fixed route automobiles are as follows:

- Transport business units with transport business licenses using automobiles, which include the type of fixed route passenger transport, may register for route exploitation as stipulated in Article 22 of Decree 158/2024/ND-CP.

- Fixed routes must depart from and terminate at publicly launched bus stations.

- The Department of Transport carries out route management content:

+ Formulate, adjust, supplement and publish the list of intra-provincial fixed routes; agree with the Department of Transport at the opposite end to formulate, adjust, supplement, and publish the list of inter-provincial fixed route networks based on the principle of stability for the published routes; for provinces and cities with bus stations ensuring organized transport in the direction required to comply with the principle that transport routes go in the direction where the endpoints are bus stations in that direction;

+ Announce the route timetable and update it into the network list, including the maximum number of trips that can be exploited on the route, the minimum spacing between adjacent trips, the departure times of trips already having participating units; announce the list of units currently exploiting the route on the Ministry of Transport’s online public service system; construct and announce pick-up, drop-off points along the routes;

+ Monitor and compile transport activity results of transport enterprises and bus stations on the route.

- Automobiles for fixed route passenger transport:

+ Must have prioritized seating for persons with disabilities, older adults, and pregnant women;

+ Must have the emblem "FIXED ROUTE VEHICLE" following Form No. 01 in Annex XIII attached to Decree 158/2024/ND-CP, affixed conveniently at the top right below the position of the inspection stamp, on the interior of the vehicle's windshield;

+ Must have all vehicle data visibly marked.

- Automobiles used for passenger shuttle service:

+ Employ vehicles capable of carrying up to 29 passengers (excluding the driver);

+ Must have the emblem "SHUTTLE VEHICLE" according to Form No. 02 in Annex XIII attached to Decree 158/2024/ND-CP, conveniently affixed at the top right below the inspection stamp position, on the interior of the vehicle's windshield; must have all vehicle data visibly marked;

+ Are only authorized for shuttle transport operations within the local area (province-level) where the "SHUTTLE VEHICLE" emblem is issued.

- Regulations for increasing vehicle deployment to ease passenger overflow on fixed routes:

+ Increasing vehicle deployment during holidays, Tet, and national high school examinations, university, and college admissions: transport business units engaged in fixed route passenger transport base on travel demand, coordinate with bus stations to develop vehicle increase plans on the route; submit enhancement plans to the two-route end Departments of Transport for coordination and management;

+ Increasing vehicle deployment on weekends (Friday, Saturday, and Sunday), where there is a significant increase in passenger volume: transport business units engaged in fixed route exploitation, based on travel demand, coordinate with bus stations to develop vehicle increase plans on the route; notify the two-route end Departments of Transport for execution annually. Based on enhancement plans already submitted to the two-route end Departments of Transport and actual passenger volume at bus stations, bus stations confirm increased deployment on the transportation order of business operating units when performing. Vehicles utilized for enhancement must be equipped with valid "FIXED ROUTE VEHICLE," "CONTRACT VEHICLE," or "INTER-PROVINCE BUS" emblems.

- Passenger bus station service units confirm onto the transport order of transport business units at departure. Confirmation content includes: vehicle license plate, passenger count, and departure time.

- Transport businesses using vehicles for fixed route passenger transport must maintain transport orders for executed trips for a minimum of three years.

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