PASSENGER TRANSPORT LICENSING: KEY REQUIREMENTS AND APPLICATION STEPS

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Question: My company plans to operate a passenger transport route. What conditions, documents, and procedures must our company meet to obtain a Transport Business License?

Nguồn: SB LAW LIMITED LIABILITY COMPANY

Answer

According to the information provided by your company, we understand that the business has been established and plans to operate passenger transportation services. To carry out this activity, your company needs to take the following steps:

1. Additional business lines

Your company needs to register an additional business line with the following industry codes:

  • Industry code 4931: Urban and suburban passenger road transport.
  • Industry code 4932: Other passenger road transport.

2. Apply for a Passenger Transport Business License

     a. Conditions for operating passenger transport by automobile (Article 13 of Decree 158/2024/ND-CP).

  • Must be owned or legally used by the transport business entity through a vehicle lease agreement, business cooperation contract, or service contract with cooperative members. In cases where the vehicle is owned by a cooperative member, the service contract must clearly define the rights, responsibilities, and obligations of the cooperative in managing, using, and operating the vehicle.
  • Must be equipped with a journey monitoring device and a device for recording the driver's image as prescribed in Clause 2, Article 35 of the Law on Road Traffic Order and Safety.
  • Passenger transport vehicles operating on fixed routes must meet the following two conditions:

     -Have a seating capacity of at least 08 seats (excluding the driver).

     -Have a regulated service life

     +Not exceeding 15 years for vehicles operating on routes over 300 kilometers.

     +Not exceeding 20 years for vehicles operating on routes of 300 kilometers or less;

  • Passenger transport vehicles operating as buses must meet both of the following conditions:

-Have a seating capacity of at least 08 seats (excluding the driver);

     -Have a service life not exceeding 20 years.

  • Passenger transport vehicles operating as taxis must meet both of the following conditions:

     -Have a seating capacity of fewer than 09 seats (including the driver);

     -Have a service life not exceeding 12 years.

  • Passenger transport vehicles operating under contract:

     -Have a seating capacity of more than 08 seats (excluding the driver);

     -Have a service life as follows:

     +Not exceeding 15 years for vehicles operating on routes over 300 kilometers

     +Not exceeding 20 years for vehicles operating on routes of 300 kilometers or less.

For contract-based passenger transport vehicles with a seating capacity of fewer than 08 seats (excluding the driver) using electronic contracts, the service life must not exceed 12 years.

As the client company plans to operate a passenger transport route, it must meet two conditions regarding seating capacity and vehicle service life.

     b. Application dossier components

  • Application for Business License;
  • A copy of the diploma/certificate of the person directly managing transport operations;
  • A copy/a certified copy/an electronically certified copy from the original/an electronic copy from the master register/the original of the Decision on Establishment and the regulations on functions and duties of the safety management department of the road transport business unit using automobiles or four-wheeled motor vehicles;
  • A copy/a certified copy/an electronically certified copy from the original/an electronic copy from the master register or the original of the Decision on Assignment of Duties for the Transport Operator.

Legal Basis: Clause 1, Article 20 of Decree No. 158/2024/ND-CP

     c. Order and procedures for obtaining a Business License for Passenger Transport by Automobile

Step 1: Submit the application dossier

The transport business entity shall submit one (01) set of application documents for the Business License to the Department of Transport where its head office or branch is located, through one of the following methods:

  • Submit directly
  • Submit online
  • Send via postal service

Step 2: Review and request for additional documents (if necessary)

  • If the application requires modification or supplementation, the Department of Transport will notify within 03 working days from the date of receipt of the application
  • The notification may be sent directly, in writing, or through the online public service system.

Step 3: Appraisal and issuance of the License

  • Within 05 working days from the date of receiving a complete and valid application, the Department of Transport will appraise the application and issue the Business License for Passenger Transport by Automobile.
  • In case the license is not issued, the Department of Transport will notify in writing or through the online public service system, stating the reasons for refusal.

Legal basis: Clause 1, Article 21 of Decree No. 158/2024/NĐ-CP

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