Decree No. 91/2009/ND-CP dated October 21, 2009 of the Government on road transport business and business conditions
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
Hanoi, October 21, 2009
ON ROAD TRANSPORT BUSINESS AND BUSINESS CONDITIONS
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Road Traffic;
Pursuant to the November 26, 2003 Law on Cooperatives;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the June 14, 2005 Law on Tourism;
Pursuant to the November 29, 2005 Law on Enterprises;
At the proposal of the Minister of Transport,
Article 1. Scope of regulation
This Decree provides for road transport business, business conditions and grant of business licenses.
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Article 2. Subjects of application
This Decree applies to organizations and individuals doing or involved in road transport business in the territory of the Socialist Republic of Vietnam.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Business units means enterprises, cooperatives or households involved in road transport business.
2. Road transport business means the use of automobiles for passenger and cargo transport for fares or freight.
ROAD TRANSPORT BUSINESS
Article 4. Passenger transport on fixed routes
1. Passenger transport on fixed routes with identified terminals of departure and arrival under appropriate timetables and itineraries registered by enterprises and approved by route management agencies.
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2. Fixed routes of passenger transport include inter-provincial routes and intra-provincial routes. An inter-provincial route covers a distance of 300 kilometers or longer, departs from and arrives at terminals of grade 4 (four) or higher.
3. Management of routes covers:
a/ Monitoring and summing up the number and travel demand of passengers on routes; activities of enterprises and cooperatives on routes;
b/ Formulating plannings on route networks and announcing routes;
c/ Approving the opening of routes, termination of route operation and exploitation, addition or suspension of operation of means of transport.
4. Route exploitation
a/ Enterprises and cooperatives may register for the exploitation of announced routes;
b/ Enterprises and cooperatives may register for the opening of new routes. Trial exploitation may last 6 (six) months; upon termination of the trial exploitation duration, enterprises and cooperatives shall report thereon to route management agencies for route announcement;
c/ Only enterprises and cooperatives already engaged in trial exploitation may continue with the exploitation for 12 (twelve) months following the time of route announcement;
d/ Route management agencies shall decide to increase the number of enterprises operating on a route when the average coefficient of passengers (departing from the terminal) on the route reaches over 50%; to increase the number of means of transport of operating enterprises when the average coefficient of passengers (departing from the terminal) on the route reaches over 50%.
5. The Ministry of Transport shall provide for the announcement and organization of management of fixed passenger transport routes in line with their distance and scope of operation.
Article 5. Passenger transport by bus
1. Passenger transport by bus on fixed routes with stops for passenger embarkation and disembarkation and buses running according to operation charts within a city or town, a province or two adjacent provinces. If a starting or ending point of an adjacent bus route is in an urban center of special grade, the route must not run beyond 3 provinces and/or cities, covering a distance not exceeding 60 (sixty) km.
a/ Operation chart: The maximum frequency will be 30 minutes/trip, for intra-municipal and intra-town routes, and 45 minutes/trip, for other routes;
b/ The maximum distance between two successive intra-municipal or intra-town bus stops is 700 m and between two suburban bus stops is 3,000 m.
2. People's Committees of provinces or centrally run cities (below referred to as provincial-level People's Committees) shall promulgate plannings on route networks, construct and manage infrastructure facilities for bus operation, announce routes, fare rates and the State's incentive policies on passenger transport by bus in their localities.
Article 6. Passenger transport by taxi
1. Passenger transport by taxi is made with itineraries and schedules requested by passengers; fares are calculated according to taxi meters based on the number of kilometers of travel and the waiting duration.
2. Taxis must be affixed on their tops with the "TAXI" light box, which shall be switched on when the cabs have no passengers and switched off when the cabs carry passengers.
3. Provincial-level People's Committees shall organize and manage public taxi parking lots.
Article 7. Passenger transport under contracts
1. Passenger transport under contracts means the transport of passengers with itineraries and time requested by passengers, which is carried out under written contracts.
2. Cars must operate under contracts clearly stating the number of passengers. If cars transport passengers for a distance of 100 km or longer, a list of passengers is required. It is forbidden to pick up passengers outside the list enclosed with the contract and forbidden to sell tickets to passengers onboard.
Article 8. Road transport of tourists
1. Road transport of tourists means the transport of passengers according to tourist routes, programs and sites.
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