Keep contracts and passenger lists for at least 3 years
Decree 41/2024 amending and supplementing a number of articles of Decree 10/2020 regulating the management of passenger transport activities by car, effective from June 1, has amended the regulations related to the management of transport contracts of passenger transport business units under contract.
Decree 41/2023 stipulates that passenger transport business units under contract must store contracts and passenger lists for at least 3 years.
While Decree 10/2020 stipulates that passenger transport businesses under contract must provide all the minimum contents of the transport contract to the Department of Transport where they register their business or the software of the Ministry of Transport (from January 1, 2022) before transporting passengers, Decree 41/2024 now only stipulates: Passenger transport businesses under contract must store the transport contract with the passenger list for at least 3 years.
For tourist passenger transport businesses by car, Decree 41/2024 allows the transportation of passengers under contract, and at the same time, stores the transportation contract or travel contract, along with the passenger list for at least 3 years.
According to experts, the reason for the above change is that, according to feedback from the Departments of Transport, with the regulation of contract transport vehicles, before making a trip, businesses must send an email of the transport contract and passenger list to the Department of Transport, but the number of personnel at the Departments cannot meet the requirements, leading to limitations in manual review.
Mr. Phan Ba Manh, Director of An Vui Technology Company, also said that if we send contracts to the Department of Transport's email as it is now, it would be like "using a bow and arrow to shoot an airplane", because most of the staff in the departments do not have enough strength to check all the emails. In just a short time, the email could be full and no more can be received.
Therefore, the regulation of sending contracts and passenger lists to the Department of Transport is no longer feasible; meanwhile, the Vietnam Road Administration has not yet completed the software to receive and manage transportation contracts of transport vehicles nationwide.
"With the new regulations in Decree 41/2023, transport enterprises are responsible for storing contracts and passenger lists and presenting them when authorities inspect vehicles on the road as well as serving the process of management agencies conducting inspections at the unit," a traffic expert said.
In addition to the above content, the regulations on management of passenger transport business activities under contracts in Decree 10/2020 remain unchanged. Accordingly, passenger transport business units under contracts and drivers are only allowed to sign transport contracts with transport hirers who need to hire the entire vehicle (including hiring the driver); and are only allowed to pick up and drop off passengers at the correct locations in the signed transport contract.
Do not collect or pick up passengers outside the list attached to the signed contract provided by the transport business unit; do not confirm reservations for each passenger, do not sell tickets or collect money from each passenger in any form; do not set a fixed itinerary or schedule to serve many passengers or many different transport hirers.
It is not allowed to pick up and drop off passengers regularly and repeatedly every day at the head office, branch office, representative office or at another fixed location rented or cooperated with by the transport business unit.
Decree 41/2024 also adds regulations on the time to revoke vehicle badges and plates.
Tighten regulations on managing drivers and vehicles in enterprises
According to Decree 41/2024, passenger transport business units under contract will also have their business licenses (GPKD) revoked if they do not comply with the decision to inspect and examine compliance with regulations on business and conditions for doing business in automobile transport by competent authorities.
Or within 1 month, 30% or more of the unit's vehicles are subject to violations, have their badges and plates revoked.
Decree 41/2024 also adds regulations on the time limit for revoking vehicle badges and plates.
Specifically, when the agency that issues the badge or sign issues a revocation decision, within 10 days, the transport business unit must return the badge or sign and stop the transport business activities of the revoked vehicle.
In case the transport business unit returns the badge or sign in accordance with the revocation decision, the Department of Transport will only reissue or reissue the badge or sign after 30 days (or 60 days for the second violation within 6 consecutive months).
In case the transport business unit fails to submit within 10 days from the date of issuance of the revocation decision, the Department of Transport will only issue new or reissue the badge or sign after 45 days (or 90 days for the second violation within 6 consecutive months) from the date the transport business unit submits the full badge or sign according to the revocation decision.
In case the transport unit uses the reason of losing the badge or sign in the revocation decision and wants to apply for a new or reissued badge or sign, within 60 days from the date of receiving the document from the transport business unit, the Department of Transport will not issue a new or reissued badge or sign.
The above regulation aims to enhance the effectiveness of State management in transport business activities, avoiding the situation where transport business units make excuses, delay, and do not return badges and signs but still use the vehicle to conduct transport business in violation of regulations. Thereby, increasing the responsibility of enterprises in implementing the decision to revoke vehicle badges and signs.
At the same time, increase responsibility in managing drivers and vehicles to ensure that they do not violate regulations on transportation business activities or road traffic laws because this can lead to revocation of badges and signs, difficulties in issuing new ones, reissuing badges and signs; and can even result in indefinite revocation of business licenses.
Source
Comment (0)