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Regulations on trucking business in Vietnam

Regulations on trucking business in Vietnam

 

  1. Legal Basis
  • Law on Road Traffic 23/2008/QH12 dated November 13, 2028.
  • Decree 10/2020/ND-CP of the Government dated January 17, 2020 regulating business and conditions for transport business by car.
  1. What is auto transport business?

According to Clause 2, Article 3 of Decree 10/2020/ND-CP, auto transport business includes one or more than one main transport activity (coordinating, driving or transport cost pricing) carried out to transport passengers or goods on the road for profit.

  1. Conditions for trucking business in Vietnam

Conditions for trucking business according to Article 14 of Decree 10/2020/ND-CP are as follows:

  • The trucking business must own the trucks or hold the right to use them according to the written automobile rental contract between the business and another organization or individual or the business cooperation agreement as per the law.

If a truck belongs to a member of a cooperative, the member and the cooperative must sign a service contract which specifies the rights, responsibilities and obligations of the cooperative regarding the management, use and operation of such truck.

  • Before July 01, 2021, tractor trucks and tractor units must be equipped with cameras to record images of the driver driving. These images shall be provided for the police force, traffic inspectors and the licensing authority to ensure transparent supervision. Time limit for retention of these images is as follows:
  • At least for the last 24 hours for automobiles making journeys of 500 kilometers at the maximum;
  • At least for the last 72 hours for automobiles making journeys of more than 500 kilometers.
  1. Regulations on trucking business in Vietnam

Regulations on trucking business in Vietnam according to Article 9 of Decree 10/2020/ND-CP are as follows:

  • A box truck business is a business that employs 1,500-kg automobiles to transport cargo for reward, which is calculated by a taximeter or the ride hailing software installed on the automobile. The “TAXI TẢI” (“BOX TRUCK”) phrase and the business’s phone number and name shall be affixed on the truck’s doors or both sides of its body.
  • Oversize load transport business
  • Oversize load transport business is a business where suitable automobiles are employed to transport nondivisible cargo whose size or weight exceeds the legally permitted limit;
  • When transporting oversize loads, drivers must bring an unexpired permit to operate oversized or overweight vehicles issued by the competent authority.
  • Hazardous cargo transport business is a business where automobiles are employed to transport cargo containing dangerous substances that may pose a threat to human life or health, the environment or national security and safety.

Automobiles transporting hazardous cargo must obtain the permit to transport hazardous cargo from the competent authority.

  • Tractor truck business is a business where tractor units attached to trailers or semi-trailers are employed to transport containers.
  • Ordinary cargo transport business is a trucking business not regulated by Clause 2, Clause 3 and Clause 4 Article 9 of Decree 10/2020/ND-CP.
  • Tractor trucks must be issued with the “XE CÔNG-TEN-NƠ” (“TRACTOR TRUCK”) signage, tractor units attached to trailers or semi-trailers must be issued with the “XE ĐẦU KÉO” (“TRACTOR UNIT”) signage and commercial automobiles transporting ordinary cargo and box trucks must be issued with the “XE TẢI” (“TRUCK”) signage.

These types of signage shall be affixed beneath the front windscreen on the right-hand side of each automobile; and all required information must be affixed on each automobile’s body according to guidelines from the Minister of Transport.

  • Trucking businesses shall take responsibility for loading cargo onto automobiles following guidelines from the Minister of Transport.
  • Trucking businesses must issue transport orders to their drivers. Transport orders must include confirmation (signature and full name) of the amount of cargo loaded onto the automobile from the cargo owner (or a person authorized by the cargo owner) or the representative of the entity or the individual loading the cargo.
  • When transporting cargo, the driver must bring the physical transport order or a device capable of showing the transport order’s contents and other documents related to the driver and the automobile required by law. Transport businesses and their drivers shall not transport cargo exceeding the permitted weight.
  • Bicycles, motorcycles and other similar vehicles shall be transported through road tunnels according to regulations in Clause 5 herein.
  • Physical or electronic transport orders shall be issued by trucking businesses and composed of the following basic information: business’s name; automobile’s registration plate number; renter’s name; route (points of departure and arrival); contract’s number and signing date (if any); and type of goods and weight of cargo to be transported.

From July 01, 2022, prior to any transport, trucking businesses must provide the basic information of transport orders via the software of the Ministry of Transport.

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