Many concerns about Clause 10, Article 56
Speaking at the Hall, delegate Ta Thi Yen - National Assembly Delegation of Dien Bien province basically agreed with the draft Law on Roads submitted to the National Assembly this time. Through studying the Supervision Report on the topic "Implementation of policies and laws on ensuring traffic order and safety from 2009 to the end of 2023" of the National Assembly Standing Committee, it can be seen that road transport activities in recent years have developed strongly, meeting over 90% of the total passenger transport volume and over 70% of the total freight transport volume with nearly 86,000 transport business units having been granted Business Licenses for transport by car...
Delegate Ta Thi Yen said that this is a huge social resource that we need to pay attention to when drafting this Law.
Regarding Clause 10, Article 56, the draft Law stipulates that for the type of passenger transport business under contract, the transport business unit is only allowed to sign a passenger transport contract with the transport hirer who needs to hire the entire vehicle, meaning that each contracted vehicle can only carry one passenger or a single group of passengers.
Delegate Ta Thi Yen said that the Drafting Committee's proposal of this regulation aims to prevent the practice of hiding under the guise of contract vehicles to conduct inter-provincial passenger transport business on fixed routes. However, this is inadvertently restricting a popular form of passenger transport in many other countries, which is the model of sharing contract vehicles with less than 10 seats through online ride-hailing platforms.
Delegate Ta Thi Yen realized that this model brings many benefits to society, because it can maximize the number of people traveling in one trip, thus helping to significantly reduce traffic on the road and partly solve traffic congestion.
Therefore, the delegate proposed that the Drafting Agency and the Agency in charge of reviewing and adjusting Clause 10, Article 56, in the direction of both controlling the situation of "illegal vehicles and bus stations", but still creating conditions for ride-sharing services with less than 10 seats to operate.
Delegate Ta Thi Yen said that this is also a practical way to implement the Party's guidelines and policies and the State's policies in gradually restricting personal vehicles, developing public passenger transport, reducing greenhouse gas emissions, and using social resources reasonably and effectively to develop the country quickly and sustainably.
Commenting on Clause 10, Article 56 of the draft Law, delegate Nguyen Anh Tri - Hanoi City National Assembly Delegation said that it should only be regulated that passenger cars implementing transportation contracts need to rent the entire vehicle.
According to delegate Nguyen Anh Tri, passenger transport business under contract is a type of passenger transport business using passenger cars, four-wheeled passenger vehicles with engines to transport passengers under a paper or electronic transport contract between the passenger transport business unit and the transport hirer who needs to hire the entire vehicle, including hiring the driver.
The delegate proposed to amend this provision in the direction of stipulating that only passenger cars can carry out transportation contracts that require the entire trip to be rented (including the driver). As for passenger cars that are not passenger cars, only paper or electronic transportation contracts are required to be used to create flexibility when implementing the law in practice.
Also giving her opinion on Clause 10, Article 56 of the draft Law, delegate Nguyen Thi Viet Nga - Delegation of National Assembly Deputies of Hai Duong province expressed her opinion: Regarding passenger transport business under contract, stipulated in Clause 10, Article 56, it is a type of passenger transport business using passenger cars, 4-wheeled passenger vehicles with engines to transport passengers under a paper or electronic contract between the passenger transport business unit and the transport hirer who needs to hire the entire trip including hiring the driver.
According to delegate Nguyen Thi Viet Nga, the above regulation needs to clarify some contents: Regarding 4-wheeled, motorized passenger vehicles. In the draft Road Law, there is a concept of 4-wheeled, motorized passenger vehicles as a type of non-car vehicle to distinguish them from automobiles. However, in the 2003 National Standard 6211, the regulation on road vehicles is a term and definition of automobile as a type of vehicle with 4 or more wheels, not running on rails and used to transport people.
Thus, according to delegate Nguyen Thi Viet Nga, the concept of a 4-wheeled motor vehicle is an automobile according to National standards, so the concept of a 4-wheeled motor vehicle is redundant. Therefore, delegate Nguyen Thi Viet Nga suggested that a more precise concept should be studied and added to the explanation of terms.
Regarding the regulations on paper or electronic transport contracts, delegate Nguyen Thi Viet Nga said that the specific regulations on these two types of contracts do not cover all forms of passenger transport contracts in practice. Because the contract can be in paper, electronic or via text message or oral contract. Therefore, delegate Nguyen Thi Viet Nga proposed to add the phrase "and other forms of contracts as prescribed".
According to delegate Nguyen Thi Viet Nga, Article 119 of the Civil Code (2015) stipulates three forms of civil contract conclusion: verbal, written, or specific conduct. Civil transactions concluded by electronic means in the form of data messages are also considered written contracts. And this concept of contract has been used consistently in other Codes such as Article 14 of the Labor Code (2019) which stipulates the forms of contracts in verbal, written, and specific conduct.
For transport hirers who need to hire the whole trip, according to delegate Nguyen Thi Viet Nga, this content does not cover all the needs of hiring passenger transport vehicles. Because in reality, the passenger transport business under contract also includes transport hirers who do not hire the whole trip.
Therefore, delegate Nguyen Thi Viet Nga proposed that the draft Law must have adjustments and management for this type of transport, remove the phrase "having a need to rent the whole vehicle" in the draft and assign the Government to specify specific issues to manage this type of passenger transport business service.
Consider regulating the activity of "transportation carried out directly by animals"
Commenting on Article 56 of the draft Law, delegate Nguyen Hai Dung - National Assembly Delegation of Nam Dinh province said that it is necessary to consider adjusting the activity of "transportation carried out directly by animals".
According to the delegate, Clause 1 and Clause 2 of Article 56 stipulate the concept of road transport activities as organizations and individuals using rudimentary vehicles and motor vehicles to transport people or goods on the road. That means the draft Law only regulates transport activities using rudimentary vehicles and motor vehicles, but does not regulate transport activities carried out directly by animals.
“In Report 839/BC-UBTVQH15 explaining, accepting and revising the draft Road Law, the opinions of National Assembly deputies on this issue are explained. The report refers to Article 35 of the draft Law on Road Traffic Order and Safety. Specifically, rudimentary road vehicles include animal-drawn vehicles. However, the opinion of National Assembly deputies is whether to consider regulating animals directly used for transport in this draft Law or not?”, delegate Dung clearly stated.
In addition, the delegate said that in the northern mountainous areas, people still use pack horses to transport goods, which helps to free up human resources very well. This is also a form of transporting goods on the road. Therefore, it is recommended that the direct transport of goods by animals be considered for adjustment in this draft Law.
Speaking at the discussion session, delegate Nguyen Phuong Thuy - Hanoi National Assembly Delegation expressed agreement with many contents of the report explaining, accepting and revising the draft Road Law of the National Assembly Standing Committee.
Commenting on the draft Law, delegates said that Clause 2, Article 12 stipulates the ratio of land for road infrastructure in urban areas compared to urban construction land as follows: The ratio of land for road infrastructure in urban areas compared to urban construction land, but not including underground road works, built on rivers and lakes, must ensure the following regulations: Special urban areas: 18% to 26%; Type I urban areas: 16% to 24%; Type II urban areas: 15% to 22%; Type III urban areas: 13% to 19%; Type IV urban areas: 12% to 17%; Type V urban areas: 11% to 16%.
And in Clause 3, Article 12, it is stipulated that for urban areas with special factors, the ratio of land for road infrastructure compared to urban construction land is stipulated for urban areas with national borders, urban areas of type III, type IV and type V; urban areas on islands, areas expected to form urban areas of type V are administrative centers of districts in areas with particularly difficult socio-economic conditions, areas expected to form urban areas and affiliated urban areas...
Delegate Nguyen Thi Phuong Thuy said that such regulations are too detailed and have content that is not suitable for the reality of many localities at present as well as in the future. Therefore, the delegate suggested that the draft Law should not stipulate too much detail about the ratio of land for urban road infrastructure compared to urban construction land.
Concluding the discussion session, Vice Chairman of the National Assembly Tran Quang Phuong said that there were 23 comments, all of which had clear, profound and comprehensive political, legal and practical bases, demonstrating the high concern and responsibility of the National Assembly deputies for the draft law that has been received and revised.
Vice Chairman of the National Assembly Tran Quang Phuong emphasized that the opinions have been recorded and fully transcribed. The Secretary General of the National Assembly will have a summary report to send to the National Assembly deputies and transfer to the reviewing agency and the drafting agency for research, acceptance and revision of the draft law. The Standing Committee of the National Defense and Security Committee will urgently preside over and coordinate with the agencies to receive and fully explain the opinions of the National Assembly deputies at the meeting, complete the draft law and report to the National Assembly Standing Committee for comments.
Article 56. Road transport activities
1. Road transport activities are the use of rudimentary vehicles and motor vehicles by organizations and individuals to transport people and goods on domestic and international roads. Road transport activities include transport business activities and internal transport activities.
2. Domestic road transport activities are activities conducted by organizations and individuals using rudimentary vehicles and motor vehicles.
transport of people and goods by road within the territory of Vietnam.....
10. Passenger transport business under contract is a type of transport business.
Passengers using passenger cars, four-wheeled passenger vehicles with engines
The facility for transporting passengers under a paper or electronic transport contract between a transport business unit.
Passenger transport with the transporter having the need to hire the whole trip, including hiring the driver.Excerpt from Article 56 of the draft Road Law
Source: https://baotainguyenmoitruong.vn/dai-bieu-quoc-hoi-lam-ro-nhieu-noi-dung-trong-quy-dinh-ve-hoat-dong-van-tai-duong-bo-374446.html
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