The Regulations on road transport activities
On 18/12/2024, the Government issued Decree No. 158/2024/ND-CP regulating road transport activities.
This Decree regulates the business, business conditions and the granting and revocation of Business Licenses for transport by automobiles and four-wheeled motor vehicles; the granting and revocation of badges; internal transport activities by automobiles and four-wheeled motor vehicles; orders and procedures for granting, re-granting and revoking international road transport licenses and intermodal transport licenses for transport business units and vehicles; extension of the circulation time for foreign vehicles in Vietnam participating in the transport of people and goods between Vietnam and other countries according to international treaties to which the Socialist Republic of Vietnam is a member.
The Article 6, Decree No. 158/2024/ND-CP specifically stipulates the conditions for cars operating passenger transport by taxi:
- Cars must comply with the provisions of Clause 9, Article 56 of the Road Law;
- Must have the "TAXI" badge according to Form No. 04, Appendix XIII attached to this Decree and be permanently affixed in the upper right corner immediately below the position of the Inspection Stamp, on the inside of the front windshield of the vehicle; must be fully listed with information on the vehicle according to regulations;
- Must be listed (fixed) with the phrase "TAXI" made of reflective material on the front and rear windows of the vehicle with the minimum size of the phrase "TAXI" being 06 x 20 cm according to Form No. 05, Appendix XIII attached to this Decree. In case of posting by electronic devices, the phrase “TAXI" must always be lit up and have a minimum size of 06 x 20 cm.
Passenger transport vehicles by taxi are allowed to choose to attach a light box with the word "TAXI" fixed on the roof of the vehicle with a minimum size of 12 x 30 cm. In case of choosing to attach a light box with the word "TAXI" fixed on the roof of the vehicle, it is not required to post (fix) the phrase "TAXI" on the front and rear windows of the vehicle.
The vehicle must have a fare meter that has been inspected and sealed with lead by a competent authority on measurement, and must have an invoice or receipt printing device connected to the fare meter on the vehicle; the fare meter and printing device must be fixed in a position that is easy for passengers to observe; the driver must issue an electronic invoice and send it to the passenger at the end of the trip.
The receipt must contain the minimum information, including: name of the transport business unit, vehicle registration number, trip distance (km) and total amount the passenger must pay.
In the case of calculating trip fares through the use of fare calculation software that connects directly with passengers via electronic means to book, cancel trips, and calculate trip fares (fare calculation software), the Decree stipulates:
- The vehicle must have a device that connects directly with passengers to book and cancel trips;
- Trip fares are calculated based on the distance determined on the digital map;
- The fare calculation software must ensure compliance with the provisions of law on electronic transactions; the passenger interface must have the name or logo of the transport business unit and must provide the passenger with the minimum contents before the transport: Name of the transport business unit, driver's full name, vehicle registration plate, itinerary, trip distance (km), total amount the passenger must pay and phone number to handle passenger complaints.
The Decree also stipulates the case of trip fare according to the agreement with the transport business unit. Accordingly, the trip fare is according to the agreement between the passenger and the transport business unit according to the cost table posted on the taxi or through the fare calculation software of the passenger transport business unit by taxi.
At the end of the trip, the transport business unit using the fare calculation software must send (via the software) the electronic invoice of the trip to the passenger, and at the same time send the invoice information to the Tax authority according to regulations.
The Article 13, Decree No. 158/2024/ND-CP stipulates the conditions for passenger transport business by car. Specifically:
Cars used for passenger transport business must be owned or legally used according to a written vehicle rental contract between the passenger transport business unit by car and an organization or individual or a business cooperation contract as prescribed by law. In case the registered car is owned by a cooperative member, there must be a service contract between the member and the cooperative, which stipulates that the cooperative has the rights, responsibilities and obligations to manage, use and operate cars owned by the cooperative member.
Cars used for transport business must be equipped with journey monitoring devices and devices to record images of the driver as prescribed in Clause 2, Article 35 of the Law on Road Traffic Order and Safety.
Passenger transport vehicles on fixed routes must have a capacity of 8 seats or more (excluding the driver's seat) and have the following age limit: no more than 15 years for vehicles operating on routes over 300 kilometers, no more than 20 years for vehicles operating on routes 300 kilometers or less.
Passenger transport vehicles by bus must have a capacity of 08 seats or more (excluding the driver's seat) and a service life of no more than 20 years.
Passenger transport vehicles by taxi must have a capacity of less than 08 seats (excluding the driver's seat) and a service life of no more than 12 years. Passenger transport vehicles designed or modified with fewer than 08 seats from vehicles larger than 08 seats (excluding the driver's seat) must not be used for passenger transport by taxi.
Passenger transport vehicles under contract with a capacity of more than 08 seats (excluding the driver's seat) have a service life as follows: no more than 15 years for vehicles operating on routes with a distance of over 300 kilometers, no more than 20 years for vehicles operating on routes with a distance of 300 kilometers or less.
In particular, passenger transport vehicles under contract with a capacity of less than 08 seats (excluding the driver's seat) using electronic contracts have a term of use not exceeding 12 years.
This Decree takes effect from January 1, 2025.
