Retain contracts and passenger lists for a minimum of 3 years.
Decree 41/2024, amending and supplementing several articles of Decree 10/2020 regulating the management of passenger transport by automobile, effective from June 1st, has revised the regulations related to the management of transport contracts of passenger transport businesses operating under contract.
Decree 41/2023 stipulates that passenger transport businesses operating under contract must retain contracts and passenger lists for a minimum of 3 years.
While Decree 10/2020 stipulated that passenger transport businesses operating under contract must provide the minimum required contents of the transport contract to the Department of Transport where they are registered or to the Ministry of Transport 's software (from January 1, 2022) before transporting passengers, Decree 41/2024 now only stipulates that: Passenger transport businesses operating under contract must store the transport contract along with the passenger list for a minimum of 3 years.
For businesses operating passenger transport services by car, Decree 41/2024 allows for the transportation of passengers under contract, while also requiring them to retain the transport contract or travel contract, along with a list of passengers, for a minimum of 3 years.
According to experts, the reason for this change is that, based on feedback from the Departments of Transport, the regulation requiring contract transport vehicles to send the transportation contract and passenger list to the Department of Transport via email before each trip has resulted in insufficient personnel at the Departments, leading to limitations in manual verification.
Mr. Phan Bá Mạnh, Director of An Vui Technology Company, also believes that sending contracts to the Department of Transport's email address as currently done is like "shooting an airplane with a bow and arrow," because most officials in the departments do not have the capacity to check all emails. In a short time, the email inbox could easily become full and no more emails could be received.
Therefore, the regulation requiring the submission of contracts and passenger lists to the Departments of Transport is no longer feasible; meanwhile, the Vietnam Road Administration has not yet completed the software for receiving and managing transport contracts for transport vehicles nationwide.
"With the new regulations in Decree 41/2023, transport businesses are responsible for storing contracts and passenger lists and presenting them when law enforcement inspects vehicles on the road, as well as for use during inspections and audits by management agencies at their facilities," a transport expert observed.
In addition to the above content, the regulations on managing contract-based passenger transport business activities in Decree 10/2020 remain unchanged. Accordingly, contract-based passenger transport businesses and drivers are only allowed to sign transport contracts with transport hirers who need to rent the entire vehicle (including the driver); and are only allowed to pick up and drop off passengers at the exact locations specified in the signed transport contract.
It is prohibited to gather or pick up passengers outside of the list attached to the signed contract provided by the transport business; it is prohibited to confirm reservations for individual passengers, sell tickets or collect money from individual passengers in any form; and it is prohibited to set fixed routes or schedules to serve multiple passengers or different transport hirers.
It is prohibited to pick up and drop off passengers regularly and repeatedly on a daily basis at the head office, branch office, representative office, or at any other fixed location leased or used in a business partnership by the transport business entity.
Decree 41/2024 also adds regulations on the time frame for revoking vehicle badges and license plates.
Tighten regulations on managing drivers and vehicles in businesses.
According to Decree 41/2024, passenger transport businesses operating under contract will also have their business licenses revoked if they fail to comply with inspection and audit decisions regarding compliance with regulations on business and conditions for road transport by competent authorities.
Or, within a one-month period, 30% or more of the unit's vehicles are penalized for violations, resulting in the confiscation of vehicles or the revocation of their license plates or badges.
Decree 41/2024 also adds regulations on the time limit for revoking vehicle badges and license plates.
Specifically, when the agency issuing the vehicle registration plates and badges issues a revocation decision, within 10 days, the transport business unit must return the registration plates and badges and simultaneously cease transport business operations for the revoked vehicles.
In cases where a transport business returns its vehicle registration sticker and license plate in accordance with the revocation decision, the Department of Transport will only reissue or issue new stickers and license plates after 30 days (or 60 days for the second violation within 6 consecutive months).
If the transport business unit fails to submit the required permits and license plates within 10 days of the revocation decision, the Department of Transport will only issue new or reissue the permits and license plates after 45 days (or 90 days for the second violation within 6 consecutive months) from the date the transport business unit submits all the required permits and license plates as per the revocation decision.
In cases where a transport unit cites the loss of its vehicle registration sticker or license plate as the reason for revocation and wishes to apply for a new or replacement sticker or license plate, the Department of Transport will not issue a new or replacement sticker or license plate within 60 days from the date of receiving the transport business unit's document.
The above regulations aim to improve the effectiveness of state management in transportation business activities, preventing transportation businesses from using excuses, delaying, or failing to return vehicle registration plates and badges while continuing to use vehicles for transportation business in violation of regulations. This will increase the responsibility of businesses in complying with decisions to revoke vehicle registration plates and badges.
At the same time, increased responsibility in managing drivers and vehicles is necessary to ensure they do not violate regulations on transportation business operations or road traffic laws, as violations can lead to the revocation of vehicle registration plates and badges, difficulties in obtaining new or renewed registration plates and badges; and even the indefinite revocation of business licenses.
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