Tiếng Việt
Transport service business is a conditional business. Therefore, when conducting business in conditional business lines, they must meet the prescribed conditions to be allowed to do business. According to the provisions of Articles 1 and 2 of Decree 10/2020, the transport business must have a transport business license . In the scope of this article, GBU Law Firm would like to share about the conditions and procedures for applying for a transport business license by car.
What activities does the trucking business include?
Road transport business includes passenger transport business, freight transport business. Transport business is the use of means of transport to transport goods and passengers on roads, railways, airways, waterways… for profit.
According to Article 66 of the Road Traffic Law 2008, the transport business by car is as follows:
(1) Business of passenger transport by car includes:
– Passenger transport business along fixed routes with definite departure and arrival stations with certain schedules and itineraries;
– Business of passenger transport by bus on fixed routes with stops for pick-up and drop-off and vehicles running according to the operating chart with a certain distance and scope of operation;
– Passenger transport business by taxi with schedules and itineraries at the request of passengers; charge according to the meter;
– Passenger transport business under contract, not on fixed route is performed under transport contract;
– Tourist transport business according to routes, programs and tourist destinations.
(2) Cargo transportation business includes:
– Normal cargo transportation business;
– Transporting goods by truck taxi;
– Trading in transporting super-long and super-heavy goods;
– Transporting dangerous goods.
(3) The Government shall make specific regulations on transport business by car.
Conditions for transport business by car
According to Article 67 of the Law on Road Traffic 2008, the conditions for transport business by car are as follows:
(1) Enterprises, cooperatives and business households engaged in transport business by auto must fully satisfy the following conditions:
– Registering the transport business by car in accordance with the law;
– Ensure the quantity, quality and useful life of the vehicles are suitable for the business form; means of transport business must be fitted with a device to monitor the vehicle’s journey according to the Government’s regulations;
– Ensure that the number of drivers and service staff on the vehicle is consistent with the business plan and must have a written labor contract; service personnel on the vehicle must be trained in transport business and traffic safety; not use drivers who are banned from practicing as prescribed by law;
– Persons directly managing transport activities of enterprises or cooperatives must have professional qualifications in transport;
– Having a parking space suitable to the size of the enterprise, cooperative or business household, ensuring the requirements for order, safety, fire prevention and fighting and environmental sanitation.
(2) Only enterprises and cooperatives may do business in passenger transport along fixed routes, in passenger transport by bus, by taxi and must fully meet the following conditions:
– The conditions specified in Clause 1 of this Article;
– Having a department to manage traffic safety conditions;
– Register quality standards of passenger transport services with competent authorities and must publicly post them.
(3) Only enterprises and cooperatives may carry out the business of transporting goods by containers and must fully satisfy the conditions specified in Clause 1, Point b, Clause 2 of this Article.
(4) The Government shall specify the conditions and granting of a license for transport business by automobile.
