Laws of Vietnam

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on organization and management of passenger car terminals.

Article 2.- This Decision takes effect 15 days after its signing and replaces Decision No. 1277/QD-VT of July 4, 1991 of the Minister of Communications and Transport.

Article 3.- The Director of the Vietnam Road Administration shall have to guide and coordinate with the provincial/municipal Communications and Transport (Public Works) Services in organizing and inspecting the implementation of this Decision.

Article 4.- The Director of the Ministry’s Office, the Director of the Legal Department, the Director of the Vietnam Road Administration, Directors of the Communications and Transport (Public Works) Services of the provinces and centrally-run cities and the heads of relevant agencies and units shall have to implement this Decision.

For the Minister of Communications and Transport

Vice Minister

REGULATION ON ORGANIZATION AND MANAGEMENT OF PASSENGER CAR TERMINALS

Chapter I

GENERAL PROVISIONS

Article 1.- This Regulation prescribes the basic principles in organizing the management of passenger car terminals (hereafter referred to as the car terminals)

Article 2.- Scope and objects of application

- This Regulation is applied to all car terminals throughout the country.

- Car terminal-managing units and collectives as well as individuals engaged in public passenger transportation (referred collectively to as the transport units) that have cars involving in the take-in and release of passengers, the return of luggage and baggage at the car terminals shall all have to abide by this Regulation.

Article 3.- Car terminals

- Car terminals are places designated for passenger cars to enter to pick up and release passengers who travel on different routes and to/from different directions; the places where passengers gather to board the transport means; and the places where exist the units which exercise the State management over communications and transport.

- Car terminals constitute part of the land road communications and transport infrastructure, which lie in the master plans of the provinces and centrally-run cities.

- Car terminals are built at places convenient for the passengers’ movement such as being near traffic hubs, population quarters, administrative, economic and/or cultural centers or near traffic links for switching from other transport means to land road transport means and vice versa.

Article 4.- A car terminal (or car terminals) shall be organized into an enterprise (or enterprises) uniformly managed by the communications and transport service in term of their organization and operation. The establishment, operation, dissolution or bankruptcy of car terminal enterprises shall comply with the current law provisions.

Article 5.- Passenger transport means operating on fixed routes shall have to pick up and release passengers, return luggage and goods in the car terminal premises or at places where exist parks or stops prescribed by the People’s Committees of the provinces and centrally-run cities (except for cars mobilized by competent State management bodies for urgent tasks). Cars put into operation must depart from the head terminals and arrive at the end terminals of the routes. Cars shall have to run on their prescribed itineraries. The cars’ operation on different routes, the number of services and the departure time shall comply with the operation time-tables approved by the Communications and Transport (Public Works) Services.

Article 6.- In this document, the following terms shall be construed as follows:

- "Automobiles" are motorized vehicles operating on traffic roads with more than three wheels and operated by men.

- "Means of commercial public passenger transportation" are automobiles of enterprise owners, which are permitted by competent State management bodies to be engaged in the public transportation and licensed for the public passenger transportation.

- "Passenger transport routes and lines" are determined by the departure terminal (where the means depart) and the arrival terminal (where the means terminate their journeys) through fixed stops and parks along the routes.

- "Car parks" are places prescribed by the People’s Committees of the provinces and centrally- run cities for cars to park in order to pick up and release passengers. When parking, cars must stop their engines.

- "Car stops" are places prescribed by the People’s Committees of the provinces and centrally-run cities for cars to stop to pick up and release passengers. When on stop, the cars shall have to keep running the engines and the drivers shall have to keep sitting on their driving seats.

Article 7.- Investment in the construction of car terminals

- The State encourages automobile transport enterprises of all economic sectors to contribute capital to the construction, improvement and upgrading (hereafter referred to as construction) of car terminals. The State shall protect the legitimate rights and interests of the car terminal enterprises.

- The car terminals shall be designed and constructed according to projects approved by competent levels. The volume of passengers and the number of cars in and out of a terminal shall serve as basis for the terminal design and construction.

- The construction of new car terminals or the upgrading of existing ones must comply with the law provisions on investment and construction management.

Chapter II

THE STATE MANAGEMENT OVER CAR TERMINALS

Article 8.- The State management over car terminals shall include the following tasks:

- The management of the strategy, planning and plans for construction, upgrading and improvement of car terminals.

- Promulgation of regulations on organization and management of car terminals.

- Approving the construction designs and plans for exploitation of car terminals.

- Controlling the prices and other charges at the car terminals.

- Promulgation of regulations on provision of services to passengers as well as regimes and policies towards passengers.

- Inspecting and examining the operations of car terminals; inspecting and examining the observance of transport rules at car terminals.

Article 9.- Division of responsibility for management of car terminals

9.1. The Ministry of Communications and Transport:

- To promulgate legal documents on organization and management of the operation of the car terminals for nationwide implementation.

- To inspect and examine the operations of car terminals.

9.2. The People’s Committees of the provinces and centrally-run cities (hereafter referred to as the provincial-level People’s Committees):

- To approve planning and plans for the construction, improvement and upgrading of car terminals in their respective provinces or cities. To decide the establishment or dissolution of car terminal enterprises under their respective management.

- To base themselves on the State’s prices and other charges to determine prices and other charges for operations at car terminals.

- To examine and inspect the implementation of policy mechanisms of the State and the Ministry of Communications and Transport towards the provincially-/municipally-run car terminals.

9.3. The Vietnam Road Administration:

- To perform, under the authorization of the Ministry of Communications and Transport, the function of State management over the car terminals throughout the country.

- To elaborate or join in the elaboration of policy mechanisms for organization and management of car terminals, to be submitted to the Minister of Communications and Transport for promulgation. The Vietnam Road Administration shall have to guide and inspect the implementation thereof.

- To submit to the Ministry of Communications and Transport and the Government’s Pricing Committee for announcement the ceiling prices for operations of the car terminals.

9.4. The provincial/municipal Communications and Transport (Public Works) Services:

- To advise the provincial-level People’s Committees on the planning of car terminal system within their respective localities. To join in the evaluation of car terminal enterprises when they are established and to give comments when they are dissolved.

- To advise the provincial-level People’s Committees on the organization and management of car terminals.

- To inspect and supervise the observance of the regulations of the State and the Ministry of Communications and Transport on the operation of the car terminals. To direct the consultative meetings on the assignment of car services trips and return trips.

- To inspect the implementation of such State management tasks as the order and environmental hygiene.

Chapter III

ORGANIZATION OF CAR TERMINALS

Article 10.- Models of car terminal organization

Depending on their characters, nature and sizes, car terminals may be organized after one of the following models:

- A car terminal is organized into an independent enterprise with its legal person status, bank account(s) and seal as prescribed by the current law provisions.

- Many car terminals are organized into an independent enterprise with its legal person status, bank account(s) and seal as prescribed by the current law provisions.

The selection of organizational model shall be decided by the competent managing agencies.

Article 11.- Organizing the car terminal apparatus

A car terminal is run by a managerial apparatus and an assisting apparatus depending on its work size, contents and nature.

Article 12.- Types of car terminals.

According to operation routes and lines, car terminals can be classified into the following types:

- The intra-provincial car terminals are those organized in service of public passenger transportation means operating on intra-provincial and/or intra-municipal routes or lines.

- The inter-provincial car terminals are those organized in service of public passenger transportation means operating on inter-provincial routes or lines.

- The mixed car terminals are those organized for means of inter-provincial public transportation of passengers and also for means of intra-provincial/municipal public transportation of passengers.

Article 13.- Professional conditions and material as well as technical foundations of car terminals.

13.1. Professional conditions:

- The car terminal managers must have the professional qualifications of intermediate or higher levels and have worked in the service for more than three years.

- Car terminal officials and employees must be professionally knowledgeable, trained in or have the managerial experience in the specialized field of automobile transportation.

While on duty, the car terminal officials and employees shall have to wear uniforms and name plates as stipulated by the Ministry of Communications and Transport.

13.2. Conditions on material and technical foundations:

13.2.1. The compulsory material and technical foundations:

- Having appropriate land area for parking yard, departure and arrival lounges and other support facilities.

- Having ticket-selling counters in service of departing passengers on various routes.

- Having parking yard (hard-surface, non-muddy, convenient for vehicles to move in and out).

- Having places to pick up and release passengers.

- Having a system of signboards for guidance (on routes, services, departure time, ticket prices…).

- Having a lighting system, toilets, fire-fighting, first-aid room.

- Having the drive-in and drive-out.

- Having walls or fence surrounding the car terminal and security staff members.

13.2.2. Depending on their conditions and sizes, car terminals may have the following additional material and technical foundations:

- The garage for car maintenance services.

- The filling station, car-washing pit.

- Restaurants and accommodation for drivers and their assistants as well as passengers staying overnight.

- Entertainment place and cafeteria.

- Car parts and supplies shops and other services.

Article 14.- The tasks and rights of car terminals

14.1. The tasks of car terminals:

- If authorized by the directors of the provincial/municipal Communications and Transport (Public Works) Services, the car terminal managers shall preside over the negotiations among transport enterprises (transport means owners of all economic sectors) with means operating at their car terminals on arrangement of car services, trips and return trips.

- To organize the ticket sale for means owners under signed contracts (including the sale of luggage and baggage tickets) or for transport units which rent places for ticket sale.

- To organize the loading and unloading of luggage and cargo including bicycles, motorbikes; organize the watch over and protection of cars parking in the terminals.

- To organize the provision of services for passengers and drivers as well as technical services for transport means.

- To coordinate with the local administration and relevant State management bodies in ensuring order and security, the beautiful views as well as environmental hygiene in the terminals.

- To guide cars into the terminals for passengers arrangement according to the record of the negotiations among means owners joining in the operation on the same routes or lines and to the operation tables already approved by the provincial/municipal Communications and Transport (Public Works) Services.

The car terminals are authorized by State management bodies to perform a number of following tasks:

+ Inspecting the observance of the rules on passenger car transportation by means operating at the terminals.

+ Examining procedures, papers concerning the means and drivers according to the current regulations as they are operating at the terminals.

+ Directly settling preference policies for eligible passengers according to the regulations of the State and the Ministry of Communications and Transport.

14.2. The rights of car terminals:

- Car terminals are entitled to sign contracts with transport units which are fully qualified for lawful transport business activities and permitted by the State management bodies. If authorized by transport units, car terminals may sign on their behalf contracts with other car terminals.

A contract includes the basic commitments between a car terminal and a transport unit in the following aspects: ensuring the service, running hours, quality of means, the passenger fares, terminal service charges, mode of ticket sale, measures to attract passengers, order and hygiene, terminal employees’ working conducts, etc.

Contracts shall also prescribe conditions for commendation and administrative as well as economic sanctions between signing parties.

The above-mentioned contracts shall only apply to terminals with legal person status and independent operation. A contract shall be valid for one year. Sixty days before the expiry of a contract, if the two parties do not make written request to change the contract, the contract shall automatically be valid for another year.

- To certify with signature the departure time for transport means.

- The car terminals may deny the entry of cars for passengers loading, which fail to meet the services qualifications or the drivers of which have breached the rules and regulations on service of passengers.

- Car terminals may make any petitions to and enhance the coordination with: the traffic inspectorate and local administration in order to well fulfill the assigned tasks; to make records on drivers who fail to depart as scheduled, fail to ensure the registered numbers of services or runs, carry overload, transport smuggled and/or banned goods or inflammables, show poor service attitude and impoliteness to passengers.

- Car terminals may request other transport units to arrange cars for running in replacement of broken ones or those which are not up to the technical conditions or the drivers of which breach the car terminals’ regulations.

- Car terminals shall organize the ticket sale in different forms so as to ensure convenience for passengers (such as selling tickets right at the terminals, selling tickets at population quarters, selling tickets through telephones, home delivery of tickets and pick up passengers to car terminals).

- Transport units may organize ticket-selling places in different areas after they are approved by the provincial/municipal Communications and Transport (Public Works) Services. The car terminals shall have to guide the passengers with tickets sold by transport units into the car terminals.

- Ticket-selling places outside the car terminals (organized by the car terminals themselves or transport units) must be provided with information on the car terminals for general management and arrangement of transport means.

Article 16.- The process of a car terminal’s operation

The car terminal’s operations include two following major processes:

16.1. Process 1: Cars enter the terminals to release passengers

- Guiding the cars into the prescribed places for the release of passengers.

- Guiding the passengers to dismount the cars and buy tickets for next trips (if passengers have such demand).

- Organizing the unloading of cargoes, luggage and baggage for the passengers.

- Taking or returning baggage (if any).

- Carrying out the procedures for connected trip registration (if the passengers are on inter-provincial journeys).

- Guiding cars into places for car cleaning and technical safety inspection.

- Guiding cars to awaiting places.

16.2. Process 2: Cars depart the terminals

- Carrying out procedures for cars to register their terminal entry for passenger loading.

- Guiding passengers to enter for ticket purchase; selling tickets to passengers (including their luggage and cargoes) and passengers with tickets for connected trips who wish the arrange the connection at the terminals.

- Guiding drivers to drive their cars into place for passenger loading.

- Checking the tickets for passengers and their luggage when the latter board the cars.

- Making the transport dossiers with signature and seal to certify the departure time of cars.

Article 17.- Car terminals’ revenues and expenditures.

17.1. The car terminals revenues shall include:

- Revenue from the sale of tickets: with percentage deduction from the total number of sold tickets with regard to cars departing the terminals.

- Fees for cars entering and leaving the terminals.

- Charges for protection of cars parking overnight in the terminals.

- Charges for loading and unloading, preservation and delivery of luggage and baggage (including bicycles and motorbikes).

- Charges for other services such as gasoline supply, technical maintenance, food catering and accommodation for car drivers and their assistants (if any).

- Other revenues.

For the above-said revenues (except for service charges and other revenues), the ceiling prices shall be stipulated by the Vietnam Road Administration while the concrete levels shall be decided by the competent bodies of the provinces and centrally-run cities.

17.2. Car terminals’ expenditures:

The expenditures and the levels thereof shall comply with the current law provisions.

Chapter IV

ESTABLISHMENT AND DISSOLUTION OF CAR TERMINALS

Article 18.- Establishment and dissolution of car terminals

18.1. The establishment of car terminals.

The car terminals must be constructed in strict accordance with the planning already ratified by competent levels. If they are not included in the planning, their addition shall be made and submitted to the competent levels for ratification. The dossiers thereon shall be compiled by the units and evaluated by the provincial/municipal Communications and Transport (Public Works) Services which shall submit them to the provincial/municipal People’s Committees for decision in accordance with the current law provisions on investment and construction management;

The dossiers on the establishment of a new car terminal shall include:

- The written application for the establishment of the car terminal.

- The project on the establishment of the car terminal reflecting the following basic contents:

+ The data on the basic survey of the passengers’ demand for movement and the volume of transport means operating through the car terminal.

+ The data on capital and source of investment capital.

+ The plan for organization, running and management of the operations of the car terminal.

- The project on the design and construction of the car terminal.

- The certificate of the right to use the land in the area where the car terminal is going to be established.

- The car terminal’s organization and operation charter.

- The decision on the establishment of the enterprise and the business registration certificate.

Upon the completion of the construction of a new car terminal, the provincial/municipal Communications and Transport (Public Works) Services shall notify 15 days in advance (through mass media) the relevant transport units and people thereof.

18.2. Dissolution of car terminals

When a car terminal is no longer suitable to the movement demand of the people in the regions (economic zones or population areas), or to ensure the requirements of political security as well as social order and safety, the car terminal-managing unit shall compile a written document clearly stating the reasons therefor and submit it to the competent State management body for deciding the dissolution of the car terminal.

When the decision on the dissolution of such car terminal is available, the car terminal-managing unit shall carry out the necessary procedures according to the current regulations and notify 15 days in advance (through mass media) the relevant transport units and people thereof.

Basing themselves on Article 13, the provincial/municipal Communications and Transport (Public Works) Services shall inspect the operating car terminals according to the conditions and criteria prescribed for car terminals.

Chapter V

INSPECTION AND HANDLING OF VIOLATIONS

Article 19.- The provincial/municipal Communications and Transport (Public Works) Services shall base themselves on this Regulation to coordinate with the administration at all levels and relevant functional bodies in conducting regular inspections and handling administrative violations by car terminals which have been established in contravention of the provisions of this Regulation.

The provincial/municipal Communications and Transport (Public Works) Services shall direct the traffic inspection forces to inspect the car parking and picking up passengers outside the terminals and the order for departure of means at parking points and in the car terminals.

Article 20.- All inspections of means, drivers, passengers, luggage and/or baggage must be carried out at the car terminals (before the departure time). In case of necessity to hold a car and its driver, the car terminal shall have to notify the passengers thereof and arrange their rests and waiting. If the time is longer than 60 minutes the manager of the car terminal shall have to arrange another cars for the passengers who have bought tickets for travel on the designated routes.

Those parties which delay this and cause loss shall have to bear all arising costs.

Article 21.- All violations of this regulation and other regulations relating to the car terminals shall be handled according to the current law provisions.

For the Minister of Communications and Transport

Vice Minister