1. Legal basis

– Law on Road Traffic 2008;

– Decree 10/2020/ND-CP dated January 17, 2020 regulating business and conditions for transport business by car;

– Decree 100/2019/ND-CP dated December 30, 2019 stipulating the level of administrative penalties in the field of road traffic;

– According to Circular 85/2019/TT-BTC dated November 29, 2019 guiding fees and charges falling under the deciding competence of the People’s Councils of provinces and centrally run cities.

2. The concept of transport business license

Transport business by car means the performance of at least one of the main stages of transport activities (directly operating the vehicle, driving a vehicle or deciding on freight rates) to transport passengers, goods, or goods. on roads for profit purposes.

Transport business license is a certificate issued by competent authorities to organizations and individuals doing transport business, so that these businesses can do business legally and meet the following conditions: according to the provisions of the law.

3. Conditions for transport business by car

3.1. General conditions for transport business by car

Pursuant to Article 67 of the Law on Road Traffic 2008, it is necessary to ensure the following conditions:

– Registering for 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 personnel 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:

If you have a university degree, you can apply for any major.

Particularly, an intermediate degree is required to be a transport or engineering major.

– Having a parking space suitable to the size of enterprises, cooperatives and business households, ensuring requirements for order, safety, fire prevention and fighting and environmental sanitation.

– Having a department to manage traffic safety conditions;

– Register quality standards for passenger transport services with competent authorities and must publicly post them.

3.2. Additional conditions for passenger and cargo transport business by car

Pursuant to Articles 13 and 14 of Decree 10/2020/ND-CP on business and conditions for auto transport business, including some general conditions as follows:

– Vehicles must be legally owned or used under the vehicle rental contract in writing between the passenger transport business unit by car with the organization or individual or the business cooperation contract in accordance with regulations. provisions of law;

– Vehicles must ensure the operating life as specified in Article 13 of Decree 10/2020/ND-CP;

– In case the registered vehicle is owned by a member of the cooperative, 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, operating cars owned by cooperative members;

– From July 1, 2021, passenger transport business cars with a capacity of 09 seats (including the driver) or more must be fitted with cameras to ensure recording and storing images on the vehicle (including driver and the door of the vehicle) in the process of the vehicle participating in traffic, cars doing business of transporting goods by containers, tractors must install cameras to ensure recording and storing images of people. driving while the vehicle is in traffic. Image data is provided to the police, traffic inspectors and licensing agencies, ensuring public and transparent supervision. The time to store images on the vehicle is guaranteed as follows:

+ At least the last 24 hours for vehicles operating on a journey with a distance of up to 500 kilometers;

+ At least the last 72 hours for vehicles operating on a journey with a distance of more than 500 kilometers.

4. Procedures for registration of transport business

4.1. For businesses and cooperatives

– A written request for a license (according to the form);

– Notarized copy of business registration certificate;

– Notarized copies of diplomas and certificates of the person directly operating the transport;

– A copy or original of the decision on establishment and regulations on the functions and duties of the department managing and monitoring traffic safety conditions (applicable to enterprises and cooperatives engaged in the business of passenger transportation). passengers on fixed routes, passenger transport by bus, passenger transport by taxi, freight transport by containers, passenger transport using electronic contracts).

4.2. For business households

– A written request for a license (according to the form);

– A certified copy of the Business Registration Certificate.

4.3. Procedures for granting a license for transport business by car

– Dossier of application for license (01 set) shall be sent to the Department of Transport;

– Processing time: 05 working days from the date of receiving complete dossiers. In case it is necessary to amend or supplement the dossier, the licensing agency shall notify the unit within 03 days from the date of submission of the complete dossier;

– In case there is a change in business conditions related to the contents of the License, the business unit must submit a dossier of such change in order to be re-granted the License;

– After obtaining the license, the unit applies for badges for business vehicles.

5. Settlement fee

Decided by the Provincial People’s Committee, usually 200,000 VND (According to Circular 85/2019/TT-BTC).

6. Implementing agency: Department of Transport where the enterprise’s head office is located.

7. Some Notes

7.1. Penalty when the contract vehicle does not have a badge vehicle

– A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for operating a passenger vehicle without or without badges and signboards as prescribed, or having, but expired, or using unapproved badges and signs. issuing authority.

– Thus, a contract vehicle must be fitted with a contract vehicle badge, if not, a fine of between VND 3,000,000 and 5,000,000 will be imposed.

(According to the provisions of Point e Clause 6 Article 23 of Decree 100/2019/ND-CP).

7.2. Penalties for not having a transport business license

Based on the provisions of Clause 6, Article 28, Decree 100/2019/ND-CP stipulating the level of administrative sanctions in the field of road traffic, for acts of transportation business without a license , When detecting violations, they will be administratively handled with a fine of from 5,000,000 VND to 6,000,000 VND for individuals, from 10,000,000 VND to 12,000,000 VND for transportation business organizations. loading, transportation support services.

The above is the advice of Khoa Tin Law on “The order and procedures for applying for a transport business license.”

In case customers have unclear issues or need to discuss further, please contact us at phone number 0983 533 005 for a free consultation.

Best regards./.