PEOPLE’S COMMITTEE | SOCIALIST REPUBLIC OF VIETNAM |
No. 20/2014/QD-UBND | Ho Chi Minh City, May 30, 2014 |
DECISION
PROMULGATING THE REGULATIONS ON ORGANIZATION, MANAGEMENT AND OPERATION OF PUBLIC TRANSPORT BUS SERVICES IN HO CHI MINH CITY
PEOPLE’S COMMITTEE OF
HO CHI MINH CITY
Pursuant to the Law on Organization of People's Council and People’s Committee dated November 26, 2003;
Pursuant to the Law on Promulgating Legal Documents of People's Council and People's Committee dated December 03, 2004;
Pursuant to the Law on Road Traffic dated November 13, 2008;
Pursuant to the Government’s Decree No. 91/2009/ND-CP dated October 21, 2009 on business and transportation business by auto;
Pursuant to the Government’s Decree No. 93/2012/ND-CP dated November 08, 2012 on amending and supplementing a number of articles of the Government’s Decree No. 91/2009/ND-CP dated October 21, 2009;
Pursuant to the Joint Circular No. 129/2010/TTLT-BTC-BGTVT dated August 27, 2010 of the Ministry of Finance and Ministry of Transport on providing guidance on auto transport fares and road transport support service charges;
Pursuant to the Circular No. 39/2012/TT-BGTVT dated September 24, 2012 of the Ministry of Transport on guiding the implementation of national technical regulation on traffic infrastructure, assistance tool and priority policy for the disabled participating in Public Transport;
Pursuant to the Decree No. 64/2013/TT-BTC dated May 15, 2013 of the Ministry of Finance on guiding the implementation of the Government’s Decree No. 51/2010/ND-CP dated May 14, 2010;
Pursuant to the Decree’s No. 18/2013/TT-BGTVT dated August 06, 2013 of the Ministry of Transport on organization and management of transport business activities by vehicles and road transport support services;
Pursuant to Decree No. 23/2013/TT-BGTVT dated August 26, 2013 of the Ministry of Transport on provision, management and use of data from vehicle tracking devices;
At the request of the Department of Transport (Statement 1870/TTr-SGTVT) dated May 16, 2014) and the appraisal opinions of the Department of Justice (Official Dispatch No. 1600/STP-VB dated April 01, 2014).
DECISION
Article 1. Enclosed with this Decision is the Decision on organization, management and operation of public transport bus services in Ho Chi Minh City.
Article 2. This Decision comes into effect on July 01, 2014 and replaces the Decision No. 16/2010/QD-UBND dated March 19, 2010 and Decision No. 11/2011/QD-UBND dated February 18, 2011 of the People’s Committee of Ho Chi Minh city.
Article 3. Chief of Ministry Office of People's Committee of Ho Chi Minh City, Director of Department of Transport, Heads of departments - sectors in the City, Chairpersons of People's Committees of districts, Heads of related agencies, units, organizations and individuals shall implement this Decision.
. | PP. PEOPLE’S COMMITTEE |
DECISION
ON ORGANIZATION, MANAGEMENT AND OPERATION OF PUBLIC TRANSPORT BUS SERVICES IN HO CHI MINH CITY
(Enclosed with Decision No. 20/2014/QD-UBND dated May 30, 2014 of People’s Committee of Ho Chi Minh City)
Chapter 1
GENERAL PROVISIONS
Article 1. Scope
1. This Document provides regulations on the organization, management and operation of public bus services, student bus services and employee bus services in Ho Chi Minh City and public bus services in neighboring provinces (hereinafter referred to as "public passenger transport bus services”).
2. This Document does not adjust the form of tourist passenger transport services in Ho Chi Minh City which are provided by the enterprises themselves.
Article 2. Regulated entities
1. The enterprises established in accordance with the Law on Enterprises, Cooperatives and Cooperative groups and register for public bus transportation business under a contract and participate in the operation of public bus services (hereinafter referred to as "transport enterprises").
2. Organizations and regulatory agencies which are assigned to manage the operation of public bus services by the People's Committee of Ho Chi Minh City.
3. Enterprises engaged in building infrastructure to serve the operation of public passenger transport bus services.
4. Providers of the following services: management, operation, collection, analysis and storage of data from vehicle tracking devices. These services are specified in the contract signed with the transport enterprises. Such providers are referred to as "vehicle tracking device providers”.
5. Drivers and attendants.
6. Bus passengers.
Article 3. Definitions
1. Public transport bus service means the transportation of passengers by bus along a fixed route with stops where passengers are picked up and dropped off in accordance with the operation timetable.
2. Bus route means a fixed route over which a bus travels to pick up and drop off passengers at termini and stops along the route.
a. Urban bus route means a route over which a bus travels from the starting location to an ending location within the City.
b. Inter-provincial bus route means a route over which a bus travels to provinces and central-affiliated cities. Such route is connected with cities, communes, districts, and industrial and tourism areas.
c. Neighboring bus route means a route over which a bus travels from provinces and central-affiliated cities to neighboring provinces and neighboring industrial and tourism areas (bus termini and road map of one neighboring bus route shall not lead to more than 2 provinces or cities; if the bus termini of such route are classified as special urban locations, this route shall not lead to more than 03 provinces or cities).
d. Aside from the bus routes that operate in normal regime according to the regulations in Point a, b, c of this Clause, there are other types of bus routes, including:
- Bus rapid transit route means a route over which a bus travels without stopping or only stop at certain bus stops and bus shelters along the route.
- Late night bus route.
- School bus route and employee bus route (fixed routes or contracted buses)
- Priority bus route means a route over which a bus travels on a special or priority lane.
dd. General bus route means a route over which a bus travels under a normal regime specified in Point a and b of this Clause.
3. Bus means an auto with 17 seats or above used for transporting passengers. It has a sufficient area for passengers to stand (area for 01 standing passenger must be 0.125 m2) according to the regulated standards. In Ho Chi Minh City, buses with 12 seats have been invested since 2002 and allowed to operate and transport passengers until the expiration date specified in Decree No. 95/2009/ND-CP dated October 30, 2009 of the Government. The school buses and employee buses that operate under a subsidized contract must maintain enough seats for passengers.
4. Bus stop means a location where a bus stops to pick up or drop off passengers according to the regulations of the competent agency.
5. Bus terminus means a location where a bus starts and ends its journey along one route.
6. Bus infrastructure means: aside from the general infrastructure that support the activities of motorized vehicles and pedestrians, there should be bus stations, bus lanes, special and priority lanes for buses, bus termini, transport hubs, bus stops, bus shelters, bus signs and bus stop markings at the bus parking lots, vehicle parking lots for passengers and other auxiliary construction works for supporting public passenger transport bus services.
7. Bus operation timetable means a general schedule of buses traveling on bus routes within a certain period of time.
8. The disabled means people having a physical or mental condition that limits their movements, senses or mobility.
9. Transport order means a document recording the journey and operation schedule of a bus along each route.
10. Transport enterprise participating in bus route operation (including school buses and employee buses which operate under a contract) is an enterprise or a cooperative or a co-operative group which conduct transport business according to the regulations.
11. Bus ticket agent means an organization or individual who are authorized to sell bus tickets for passengers.
Chapter 2
SPECIFIC REGULATION ON ORGANIZATION AND MANAGEMENT OF PUBLIC TRANSPORT BUS SERVICES
Article 4. Information about the infrastructure of public passenger transport bus services
Bus termini, bus stops and bus stations must follow the regulations in Article 26 of Circular No. 18/2013/TT-BGTVT dated August 06, 2013 of the Ministry of Transport.
Aside from this regulation, there must be signs specifying the daily bus hours and classifications of subsidized bus routes, unsubsidized bus routes, school bus routes and employee bus routes at the bus stops where school buses, employee buses and express buses stop.
Article 5. Management and investment in building infrastructure for the public passenger transport bus services
1. The investment in building infrastructure for public bus services shall be allocated from the following funds:
a. State Budget and/or professional development fund of the unit and other mobilized funds; As for the free parking lots for bus passengers' two wheeled vehicles, their maintenance and development costs shall be derived from the penalty charges for contract breaches. Such contract provides urban public passenger transport services.
b. While carrying out the tasks specified in Point a of this Clause, the Center for Public Passenger Transport Management and Operation shall complete the procedures for construction investment management and current maintenance.
2. Technical regulations
Aside from the regulations in Article 26, Circular No. 18/2013/TT-BGTVT dated August 06, 2013 of the Ministry of Transport, the bus termini, bus stops and bus shelters must satisfy the following regulations:
a. General technical regulations:
- The distance between the bus stops and bus shelters within the city must be from 300 to700 m away from each other and from 800 to 3000 m away from each other in the suburbs. Each bus stop must be identified with a sign according to the regulations; the bus stops and bus shelters must be located in places where there are favorable traffic conditions to attract people.
As for the hospitals, schools and areas where there are high transportation needs, favorable locations must be used for placing more bus stops and bus shelters near the entrance and exit doors. These bus stops and bus shelters must be permitted to establish by the Department of Transport and must ensure traffic safety in such areas. Bus stops and bus shelters shall not be placed opposite to each other on the streets with no central reservations. There must be a distance of at least 25 m between them. The distance between the bus stop and bus shelter along a route over which special entities travel or use for special requests must be considered by the Department of Transport. These bus stop and bus shelter must be at least 50 m away from the crossroad.
- There must be a convenient sidewalk at the bus stops and bus shelters for the disabled to proceed, as well as a special location for them to park their wheelchairs while waiting for the bus.
- The bus stops and bus shelters must not be covered with anything that may affect the traffic signs, traffic lights, fire hydrants, special constructions for the disabled, underground constructions of telecommunication, media, electricity and drainage sectors. The drainage system is built within the railway scope, in front of the entrance of the office of an agency or an organization, and within 05 m of either side of such entrance; the bus stops and bus shelters shall not be placed at the location where there is a high demand of public order and traffic safety, such as consulates, foreign affair areas, People's Committees at different levels, police stations, banks, churches, temples and pagodas.
- Each bus stop and bus shelter must have its own number sign. This sign must be found on the map and be easy for management and for passenger to get information.
- Along the highways under management of the Department of Transport, any bus stop placed on the central reservation must be at least 01 m wide or above, and any bus shelter placed on central reservation must be 1.5 m wide or above. Their infrastructure must be convenient for the passengers, such as: barrier railings, handrails, signs, crosswalks, speed bumps, signal, etc; buses can travel on the special lane or near the central reservation.
b. Special regulations for bus stops:
- The bus stop locations must satisfy the actual conditions of the roads and the surrounding areas. It must maintain a well-aired space which conforms to aesthetic principles and is easy to observe. This location must not occupy the whole space of the pedestrian sidewalk
- Each bus stop along the road must only be used for a maximum of 03 bus routes; if this number is exceeded, split the bus stop or establish more bus stops to conform to the operation timetable and to create favorable and safety conditions for buses and their passengers; the distance between 2 bus stops serving one route must be 15 to 30 m away from each other, and the distance between 2 terminal bus stops of a group must be conformable with Point a of this Clause; other cases shall be decided by the Department of Transport.
- If school buses and employee buses have their own scheduled stops, such stops must be placed in a location different from the location of public buses, in order to create favorable conditions for passengers and conform to the traffic safety; the Department of Transport shall consider approving the same bus stop location if being required.
c. Special regulations for bus shelters:
- The distance between a bus shelter and the kerb edge must be at least 1.5 m, unless there is a bus bay (bus turnout).
- There must be a bus shelter on the sidewalk of 5m or above within the city and on the sidewalk of 2.5 m or above in the suburbs. Other cases shall be considered by the Department of Transport.
- There must be a minimum area of 1.5 m2 for placing the information board (exclusive of the area of auxiliary board (if any)). The information provided on such information board must comply with the regulations of Department of Transport.
d. The bus stop markings must comply with the regulation in 1.17 of QCVN41:2012/BGTVT.
dd. The width of the sidewalk where the bus bay is located must be at least 4 m. The width of sidewalk at the bus bay must exceed 1.5 m and its elevation must enable passengers to board and alight with ease.
3. Time limits for repairing damage after detection or after assigning tasks:
a. For the bus stops and the signs on the bus:
Tasks | Time limit |
Relocation, replacement and installation | 5 - 7 days |
Dismantlement | 1 day |
Cleaning and painting | 5 days |
Small maintenance and repair | 2 - 5 days |
b. For the bus shelters:
Tasks | Time limit |
Relocation, replacement and installation | 10 - 15 days |
Dismantlement | 7 days |
Cleaning and painting | 10 days |
Small maintenance and repair | 2 - 5 days |
c. If there are problems concerning the bus stops, bus shelters and the signs on the buses (broken, askew or missing information), the Center for Public Passenger Transport Management and Operation must develop remediation plans within the day.
4. The bus stops and bus shelters can only be moved if they require repair or the roads require to be expanded or changes are made to the traffic organization and the operation timetable of buses, making such bus stops and bus shelters lose their effectiveness, or if there are reasonable requests from related organizations or individuals.
5. The advertisements displayed at the bus stops and bus shelters must comply with the current regulations on auctions. The basic depreciation must be used in reinvestment. The revenues from advertising activities shall be used by the Center for Public Passenger Transport Management and Operation according to the regulations on turnover of public sector entities.
6. The Center for Public Passenger Transport Management and Operation shall cooperate with the local government and related authorities in maintaining public security, order and hygiene for the infrastructure used for public bus services.
7. From 2015, invest in installing digital information boards at bus stations and transport hubs; continue installing smart bus stop boards in the locations where there are many passengers gathering, such as bus stations, transport hubs, bus stops and bus shelters, in order to help passengers to access bus information easily.
8. There must be accessible entrances and exits and other facilities to assist the disabled at bus stops, bus shelters and bus termini. The following road map is used for improving the bus stops, bus shelters, bus termini and bus stations, with the aim to assist the disabled:
a. By 2015, at least 50% of bus termini and bus stations and at least 10% of bus stops and bus shelters must satisfy the accessibility requirements.
b. By 2017, at least 75% of bus termini and bus stations and 15% of bus stops and bus shelters must satisfy the accessibility requirements.
c. By January 01, 2020 all bus termini and bus stations and at least 20% of bus stops and bus shelters must satisfy the accessibility requirements.
Article 6. Bus operation timetable
1. The operating time of each bus route within a day is specified in the operation timetable. This period must maintain a minimum of 12 hours per day. Department of Transport shall make specific decisions regarding special cases, e.g.: a bus operating for less than 12 hours per day.
2. The transport enterprise shall rely on the operation timetable to arrange the right type of buses; this bus must operate on time, stop at the right bus stop and right bus shelter according to the announced operation timetable.
Article 7.Buses
1. Bus standards:
a. The bus travels on the route must satisfy the regulations in the specific guidance of Department of Transport. The buses that use clean fuel must be prioritized; there must be absolutely no luggage on top of the bus; signal buttons and pivoted grab handles must be installed on the bus; 02 rows of priority seats must be provided for the elderly, the disabled, children and pregnant women. These seats must have distinct colors and labeled "priority seats" or have distinct symbols.
b. The painting color of the bus must comply with the regulations of Department of Transport.
c. Along the narrow streets, the bus with 12 seats shall be used for transporting a small number of passengers according to the regulations in Clause 3, Article 3 of this Regulation.
d. Along the highways with central reservations on both sides, each of 1.2 m wide or above, the bus must travel on the special lane near the central reservation and must not travel on the lane used for 2 to 3 wheel vehicles.
dd. There must be a 1.3 m marking at the entrance door to identify children eligible for free travel (except 12-seat buses).
e. The bus serving the disabled must satisfy the special technical regulations in the specific guidance of Department of Transport.
g. The bus must be inspected regularly to see whether they satisfy the technical requirements before operating.
h. The road map for replacing buses must satisfy accessible transport standards (kneeling buses and low-floor buses):
- By 2015, 5% of the buses are accessible buses.
- By 2020, 10% of the buses are accessible buses.
- By 2025, 15% of the buses are accessible buses.
The Department of Transport must provide specific regulations on the number of buses traveling on each route to be replaced, in order to achieve the ratio of accessible buses in each period.
i. The bus must be installed with surveillance cameras and other equipment according to the regulations of Department of Transport, in order to support the management, operation and information activities.
2. Bus appearance:
a. The outside of the bus: There must be a bus symbol, a route number and a number of bus termini in front of and behind the bus; on the right side of the bus is another route number, ticket prices and phone number of the transport enterprise. The buses which are newly invested from now until 2015 must provide bus information under the led lights in front of and behind it (name and number of the route, certain main locations where the bus passes by) (in short: Light-Emitting-Diode).
b. Inside the bus: There must be information signs showing the license plate number, name of the bus driver, name of the attendant; hot line number and regulations for passengers which are located in an easily seen position.
c. The advertisements on the bus (both inside and outside) must comply with the current regulations.
d. The contents of listed notices, their size, font, color and position must follow the regulations and guidance of the Center for Public Passenger Transport Management and Operation and must be inspected by them.
3. The number of the bus route must follow the regulations of Department of Transport and be modified by them to become appropriate for the management activities.
4. Operating frequency:
a. The operating frequency of urban bus routes shall not exceed 30 minutes per one departure turn; in special case, if such frequency exceeds the permitted limit, it must be approved by Department of Transport.
b. The operating frequency of other bus routes shall not exceed 45 minutes per one departure turn; if this frequency exceeds the permitted limit, it must be approved by the Department of Transport.
5. Documents provided by the bus:
Aside from the documents specified in the law regulations, the bus must also provide a transport order to assist the supervision of bus routes.
Article 8. Bus tickets
1. There are 2 types of tickets: single trip ticket and booklet ticket.
2. Single trip ticket is a ticket used by a passenger for travelling to only one place along a bus route. Booklet ticket is a book of tickets used by a passenger for travelling regularly within one month or longer on one or multiple bus routes.
3. Aside from the above tickets, Department of Transport must also consider issuing other types of tickets, which are free or have lower prices, for priority people.
4. The single trip tickets are printed by the transport enterprises themselves and are managed and issued in accordance with the general provisions on service provision invoices, using the general form issued by Department of Transport.
5. The booklet tickets are printed, managed and issued in accordance with the regulations by the Center for Public Passenger Transport Management and Operation.
6. There are no subsidized tickets. And the bus ticket prices must be declared and posted up according to the guidance of Ministry of Finance and Ministry of Transport on road transport prices and road transport service prices.
7. Priority tickets are free tickets used by passengers to travel on buses in Ho Chi Minh City. They are issued in accordance with the regulations by the Center for Public Passenger Transport Management and Operation.
8. 8. Encourage the use of smart tickets instead of paper tickets.
Article 9. Drivers and attendants
1. Requirements for recruiting bus drivers:
a. Age requirements:
- For a bus of 10 to 30 seats: A driver must be 24 years old or above.
- For a bus of 30 seats or above: A male bus driver must be from 27 to 55 years old, and a female bus driver must be from 27 to 50 years old.
b. Driver license requirements:
- For a bus of 10 to 30 seats: A driver must obtain a driver license class D or above.
- For a bus of 30 seats or above. A driver must obtain a driver license class E or above.
c. Health requirements: A bus driver must obtain a health certificate from a district health facility within 12 months, from the date on which the health result is signed, to apply for the job.
d. Personal status requirements: a bus driver shall not be prohibited from working according to the law regulations.
dd. A bus driver and an attendant must complete his/her training and receive professional guidance on passenger transport, traffic safety and professional ethics according to the regulations.
2. Drivers and attendants:
a. Job position, responsibilities and tasks of the attendant:
- Sell tickets at the right price; give tickets to the passengers; check the tickets.
- Provide service in a right manner. Do not discriminate against passengers who use booklet tickets and the disabled and the elderly who get free tickets according to the regulations.
b. Managing attendant:
An attendant must complete his/her training and receive professional guidance on passenger transport, traffic safety and professional ethics according to the regulations.
3. The bus driver and the attendant must wear name tags and uniforms. They must understand the regulations on passenger transportation; take responsibility in providing information about the state policy on bus operation, as well as bus route information for the passengers. Also, provide explanations and guidance to these passengers thoroughly.
Help passengers to get on and get off the bus and to find seats, especially the elderly, the disabled, children and pregnant women; do not agree to carry bicycles, motorbikes, heavy and ill smelling and infectious goods, domestic animals, explosive chemicals and illegal goods on the bus.
Chapter 3
STATE FINANCIAL SUPPORT FOR PUBLIC PASSENGER TRANSPORT BUS SERVICES
Article 10. Price subsidies from the State.
1. Subsidy regime for subsidized buses that transport students and employees:
- Price subsidy for each bus travels along a route and for each group of buses.
- Formula: Price subsidy = total expense of one trip - turnover from service order or bidding.
Where:
+ The total expense of the trip is calculated according to the decision of the People's Committee of the City on unit cost of public bus services, school bus services and employee bus services in Ho Chi Minh City.
+ Turnover from ordering or bidding is developed according to the actual amounts reckoned up in the previous consecutive years based on practical surveys. They are used as the basis for estimating the increase in quantity of passengers and the average ticket price of each bus route.
- For the school buses operating under a contract and receiving financial support from the parents, the price subsidy in this case shall be determined according to each academic year and shall be submitted to the People’s Committee of the City for approval by the Department of Transport. The subsidy rate is one VND per one trip for each student. The fixed route school buses shall receive the same price subsidy as the public buses through ordering.
- For the employee buses operating under a subsidized contract, receiving contributed money from the enterprise and employees and traveling in Ho Chi Minh City, the subsidy rate for the maximum expense of each bus is 25%. For the employee buses operating under a contract and receiving contributed money from the enterprise and employees and traveling across neighboring provinces with a distance of less 20%, the subsidy rate for maximum expense of each bus is 15%.
2. Carry out bidding regime or select a supplier and order bus operation services according to the plan of the Department of Transport. The subsidized buses must launch bidding for operation of new bus route (except the routes over which school buses and employee buses travel under a subsidized contract). In certain special cases, People’s Committee of the City shall decide to open new subsidized bus routes by selecting an enterprise to operate such routes within a certain period of time for social-political purposes, as well as security and defense purposes.
3. The fund used for providing price subsidies shall be derived from State Budget.
Article 11. State support for public bus infrastructure
The city must provide favorable conditions for the Center for Public Passenger Transport Management and Operation to use and manage the land parcels in districts as bus termini, transport hubs and bus maintenance yards according to the plan.
Chapter 4
RIGHTS AND OBLIGATIONS OF THE AGENCIES MANAGING THE PUBLIC TRANSPORT BUS SERVICES
Article 12. People’s Committee of Ho Chi Minh City
1. Approve
a. The operation structure of the bus
b. The plan for developing bus route network and the plan for developing bus infrastructure system.
c. The technical - economic standards, unit price of public bus services, school bus services and employee bus services in Ho Chi Minh City, ticket framework and policies on reducing bus ticket price.
d. The bus service investment plan, using capital budget.
2. Promulgate incentive policies on bus services.
3. Approve the policy on using budget for investing in public bus services and decide to hand over the state budget estimate on bus subsidies.
Article 13. Department of Transport
1. Department of Transport is the agency providing consultancy for the People's Committee of Ho Chi Minh city to carry out state management over the bus services in the City. They take the responsibility in submitting the contents specified in Article 12 of this Regulation to the aforesaid Committee.
2. Department of Transport has the rights to:
a. Assign the tasks specified in the annual plan on public bus services.
b. Decide to open new routes, including subsidized bus routes and unsubsidized bus routes; decide to adjust the road map of each bus route; adjust the quantity of buses, including back up quantity for each bus route; modify the bus specifications and adjust the types of bus travelling on each bus route; decide to stop the operation of each ineffective bus route that does not follow the plans. Decide special bus routes
c. Decide to make the list of bus infrastructure and determine the specific location for building such infrastructure along each bus route; select the decoration and approve the design of bus signs and bus shelters; approve the investment policy on developing bus infrastructure and invest in the projects that use budget sources to build public bus infrastructure according to the law.
d. Carry out the plan for selecting the key enterprise to provide bus transport services; approve the bidding plan; give the estimate for expenditure on ordering urban public transport services.
dd. Announce the types of buses prioritized to travel on each specific route; promulgate the bus regulations for passengers.
e. Appraise the budget estimates and hand over the estimate on bus service order; Approve the price of tender package and the order value of each bus route; Inspect and approve the final account of expenditures on bus subsidies. Appraise and approve the estimate of expenditure on hiring counselor to make bid documents on the operation of bus route.
g. Announce the specific ticket price for each bus route based on the ticket framework approved by the People's Committee of the City.
h. Decide to suspend the bus route operation of the transport enterprise that commits serious violations against the current regulations on public bus services.
i. Supervise the quality of bus services provided by the transport enterprise and the Center for Public Passenger Transport Management and Operation.
k. Agree with related Departments of Transport to publicly open, adjust and stop the operation of neighboring bus routes.
l. Manage the public passenger transport development fund of the City (if any).
m. Promulgate the Regulation on inspection and control over the expenditure on price subsidies paid to the buses under the management of Department of Transport.
n. Promulgate the designs, standards and painting colors of the buses.
o. Promulgate the regulations on provision, management and use of data of itinerary supervision device. Such device is connected to the host device of the Center for Public Passenger Transport Management and Operation and is used for the inspection, supervision and management over the bus operation.
p. Promulgate the regulations on inspection and comparison of the bus trips which have been made in order to pay for the subsidies of buses that operate under vehicle tracking devices.
q. Cooperate with Department of Finance and related Department or Sector in promulgating the regulation on the process of applying smart tickets instead of paper tickets. Such regulation is approved by the People’s Committee of Ho Chi Minh city.
r. Promulgate the regulations on standards for and process of arranging buses.
Article 14. Department of Finance
Department of Finance is the agency that supports the People’s Committee of the City to carry out state management over the finance conditions of bus services. Aside from the tasks and responsibilities which have been assigned to them, the Department of Finance shall also:
1. Appraise and announce the payment for bus subsidy expenses.
2. Cooperate with Department of Transport in determining the unit price of expenses on public bus services, school bus services and employee bus services in Ho Chi Minh City.
3. Agree with Department of Transport in promulgating the regulations on inspection and comparison of the bus routes which have been traveled, with the aim to acquit the subsidies for buses which operate under vehicle tracking devices. Also, they shall agree to promulgate the process of applying smart tickets instead of paper tickets.
4. Cooperate with Department of Transport in providing consultancy for the People’s Committee of the City to use budget sources in providing bus services.
Article 15. Department of Education and Training
Aside from the tasks and rights which have been assigned to them by the People’s Committee of the City, the Department of Education and Training (or authorize the Office of Education and Training in districts) shall also:
1. Determine, as required, the specific number of classes taken within the day, as well as the number of bus trips made per day by each student of the schools providing bus services under a subsidized contract.
2. Direct the principals of the schools providing school bus services for students to:
a. Cooperate with the Center for Public Passenger Transport Management and Operation and transport enterprises in providing effective subsidized school bus services.
b. Arrange parking locations in the campus and in front of the school for the school buses of transport enterprises, in order to maintain public order and traffic safety.
c. Provide information about the quantity of students taking school buses and the specific school time of each school.
d. Take the responsibility in determining the quantity of students and their bus trips, types of transport vehicles and vehicles’ quantity according to the regulations.
3. Cooperate with Department of Transport in developing a transport plan and manage the school bus services which are provided under a subsidized contract.
Article 16. People’s Committees of districts
Aside from the tasks and rights which have been assigned to them by the People’s Committee of the City, the People’s Committees of districts shall also:
1. Cooperate and support Department of Transport in organizing and managing public bus services and building bus infrastructure to support such services.
2. Manage, inspect and monitor the operation of the cooperatives that provide public bus services in Ho Chi Minh City.
Article 17. Tasks and rights of the Center for Public Passenger Transport Management and Operation
1. Center for Public Passenger Transport Management and Operation shall submit the following documents to the Department of Transport:
a. An annual plan on the development of bus services, including information about the output, vehicles, bus routes, ticket price adjustment, bidding, bus operation order and other bus services, investment in bus infrastructure system, inspection of bus routes, disseminated information and transport enterprises involved in bus operation.
b. A specific list of infrastructure locations of each bus route; their decorations, and designs of bus signs and bus shelters.
c. State’s incentive polices for bus services in Ho Chi Minh City.
d. A plan for opening new routes, stopping route operation and modifying the specifications related to such operation, including: road map, bus termini, types of vehicles, quantity of buses including back up buses for each route, and number of buses operating within the day.
dd. Suspend the bus route operation of the transport enterprise that seriously violates current regulations on public passenger transport bus services.
e. Regulations on bus route operation, school bus services provided for students under a subsidized contract, and employee bus services. Submit these regulations to Department of Transport for approval every year or periodically, with the aim to comply with the actual conditions.
2. Center for Public Passenger Transport Management and Operation has the rights to:
a. Decide the operation timetable of each bus.
b. Decide to modify the bus-related specifications if they:
Temporarily change the operation road map of each bus during the repair period of bridges and traffic roads and during management of traffic flow.
Change the operation time of each bus within the day to satisfy the travel needs.
Increase and decrease the number of buses according to the travel needs during festivals, school-starting day and examination days.
c. Organize bidding for selecting transport enterprises. Sign public bus service contracts with transport enterprises that operate bus routes according to estimated budget for public transport bus services; inspect the execution of such contract and fulfill the contract's agreements.
d. Carry out annual or surprise inspection for the operation conditions of the transport enterprises that provide public bus services, as well as monitoring the subsidy provision process at these enterprises; inspect the standards of their buses.
dd. Decide the plans and forms for disseminating information about the bus operation.
e. Manage the operation of buses in order to keep these buses operating in accordance with the operation timetable. The Center has the right to surprisingly arrange buses to reduce traffic congestion and the lack of buses in the bus network.
g. Summarize and report the results of periodic provision of public bus services.
h. Carry out public opinion poll on the results and forecasts of passengers’ travel needs, as well as calculating and summarizing them. Hire a consultant to research on and suggest the bus route adjustment as required.
i. Be the key agency to receive, inspect and acquit the subsidy payments for transport enterprises or key buses Confirm and re-confirm the results from bus service provision and use them as the basis for making statistical report and acquitting subsidy payments. Hurry and guide the transport enterprises through making report on payments of bus subsidies on time.
k. Print out and examine the transport order document and distribute it to transport enterprises that participate in operating bus routes.
l. Implement the bus regulations.
m. Be the investor of the projects on repairing, transforming, building and managing new bus infrastructure; repair and maintain such infrastructure; organize and manage free parking lots for bus passengers.
n. Monitor the working process of drivers and attendants on the buses that travel around the City. Handle and send the list of drivers and attendants who violate the regulations specified in the bus operation contract to the transport enterprises; exchange information about the cases required to clarify with the transport enterprises that manage the drivers and attendants before handling such cases.
o. Establish online information channels to urge people to take buses, and provide guidance and answers for the questions or feedbacks of bus passengers.
p. Hold periodic meetings with transport enterprises to solve problems and handle difficulties.
q. Monitor, examine and summarize the results from solving feedbacks of the transport enterprises.
r. Print out the outlet tickets. Manage, issue and pay them according to the regulations; also, issue priority cards for passengers according to the regulations.
s. Get data from vehicle tracking devices of transport enterprises to support the management, inspection and handling of violations, as well as supporting the post inspection and making summarized report according to the regulations.
3. Take the responsibility in ensuring that there are sufficient facilities along the bus routes for supporting public bus services. Such facilities must provide sufficient information and timely report any adjustment or changes to people and transport enterprises; the Center must also be responsible for any problems that result in a lack of information along the route.
4. Cooperate with related agencies (if any) to maintain environmental hygiene at bus termini, bus stops, bus shelters, transport hubs and parking lots for bus passengers.
Chapter 5
MANAGEMENT OVER ENTERPRISES THAT PARTICIPATE IN BUS ROUTE OPERATION – RIGHTS AND OBLIGATIONS OF SUCH ENTERPRISES
Article 18. Register for the public transport bus services
Any transport enterprise that wishes to carry out bus route operation must register with the Center for Public Passenger Transport Management and Operation in order to receive their guidance on procedures, examination and participation conditions.
Article 19. Conditions for participating in the provision of public bus services
1. The transport enterprise must be legally established.
2. Such enterprise must have the function to provide public bus services and a Transport Business Permit by Auto which is granted by Department of Transport. This Permit must also specify bus transport business. As for the units providing school buses and employee busses under a subsidized contract, they must have the transport business type specified in such contract.
3. The transport enterprise must satisfy the business requirements according to the current regulations.
4. The transport enterprise must receive an order for providing public bus services as a selected provider from the Center for Public Passenger Transport Management and Operation, or be selected for carrying out bus operation by such Center.
Article 20. Benefits of transport enterprises
1. Be entitled to the benefits specified in clause 4, Article 19 hereof and other benefits specified in the general incentive policies on public bus services of the City. Also, they must fulfill their obligations with the State according to the law.
2. Be guaranteed with well conditions such as having sufficient bus service facilities along the bus routes and receiving sufficient information from such facilities.
3. Have the right to make complaints about the decision on handling breaches of the contract for providing urban public bus services. Such contract is signed by the Center for Public Passenger Transport Management and Operation. These complaints are usually about traffic jams, traffic adjustment, floods, rain, storms, accidents and surprised damages.
4. Have the right to deny transporting any passenger who violates the bus regulations on purpose.
Article 21. Obligations of transport enterprises
1. Fulfill the obligations specified in Article 18, Clause 1, 2 and 3 of Article 19 hereof.
2. Strictly implement the regulations on passenger transport services by auto and urban road passenger transport services of the Law on Road Transport. Take the main responsibility in maintaining the quality of transport services according to the regulations of the contract which has been signed for providing urban passenger transport services. Be responsible for any violation of the regulations on bus operation, which is committed by the drivers and attendants.
3. The person in charge of the operation of transport enterprises must satisfy the conditions specified in the regulations.
4. Disseminate and provide guidance on the bus operation regulations, as well as checking and reminding drivers and attendants to implement such regulations. Assign a manager to keep the bus operating properly. Register for the samples of name cards and uniforms which are designed for drivers and attendants according to the regulations.
5. Recruit new drivers and new attendants who satisfy the standards specified in Article 9 of this Regulation. Sign the labor contracts with them after recruitment according to the regulations of Labor Code. The labor recruitment and termination of labor contracts must be notified to the Center for Public Passenger Transport Management and Operation. Such notification must include the information about the résumés of employees, their job positions on each specific bus, rewards, disciplines and reasons for terminating the labor contracts.
6. Are not allowed to arrange drivers and attendants who have not been trained or have not received training certificates or have not passed the health examination to work on the bus.
If the certificate is issued late or there are no training classes, the transport enterprises must report the list of employees working on the bus to the Center for Public Passenger Transport Management and Operation, in order for this Center to postpone the handling process.
Are not allowed to receive drivers and attendants who are listed by the Center for Public Passenger Transport Management and Operation as persons having their labor contracts terminated or being fired by other transport enterprises due to violations of bus operation regulations.
7. Report in accordance with the requirements of the Center for Public Passenger Transport Management and Operation.
8. Detect and timely report about the damages of bus infrastructure along the routes to such Center, as well as the public order along such routes.
9. Manage and use the State’s subsidies in accordance with the regulations. Cooperate with the Center for Public Passenger Transport Management and Operation in making payment for subsidies on time and be responsible for the accuracy and authenticity of the report on such payment.
10. Receive and handle the feedbacks and suggestions of passengers and citizen.
11. Take the responsibility in arranging equipment, tools and employees to support the passengers who are disabled to get on and get off the transport vehicles. The support plan must be posted up at places easily seen at bus stations.
12. Take the responsibility in investing in vehicles satisfying the accessible transport standards according to the road map provided by the Department of Transport; law against wrongful seizure of final trust, make a statistical evaluation report on the current state of accessibility of buses; develop a plan to equip and transform public transport vehicles under their management to satisfy the aforesaid standards.
13. Make a plan on maintaining traffic safety during the operation of such transport unit. Carry out inspection, supervision, stocktaking, analysis and evaluation for the current status of such plan.
14. Install and manage vehicle tracking devices and get information from them according to the regulations.
15. Provide professional training and guidance on passenger transport, traffic safety and professional ethics for drivers and attendants on buses according to the regulations.
16. Request the providers of vehicle tracking devices to provide timely and accurate information and data from such devices for competent regulatory agencies as required.
17. Register the service quality with the route management agency according to the regulations.
18. Pay and provide subsidies for the right entities on time and handle all related feedbacks and accusations according to the regulations.
19. As for the school bus services under a subsidized contract, the transport enterprises must provide specific information about the contributed money of students of each school.
20. As for the employee bus services, the State's subsidies must be specified in the service contract signed between the transport enterprise and the unit using such service.
Chapter 6
BENEFITS AND OBLIGATIONS OF THE BUS PASSENGERS
Article 22. Benefits of the passengers
If passengers take subsidized buses in the City, they shall receive support from the State as only paying for the tickets with an amount of money appropriate with their general income. Children who are 1.3 m tall or below must be exempted from paying for the tickets along all bus routes of Ho Chi Minh City. The disabled mentioned in Clause 8, Article 3 of this Regulation must receive free ticket cards from the Center for Public Passenger Transport Management and Operation along all bus routes according to the list confirmed by Department of Labor, Invalids and Social Affairs. The elderly must be exempted from paying for the tickets if they submit a document proving their ages.
2. Bus attendants must hand bus tickets to passengers or request the passengers to receive the tickets themselves after making payments.
3. Passengers are allowed one carry on of 10 kg or lower without paying for charges. The size of such carry on shall not exceed 30 x 40 x 60. If the carry on weights more than 10 kg and its size exceeds 30 x 40 x 60 cm, the passenger must pay for one more ticket for such carry on that takes up the standing area.
4. Passengers must receive free information about the buses.
5. Passengers can request for compensation regarding any damage caused by the bus drivers or bus attendants according to the laws.
6. Passengers can request for handling of the violations committed by drivers or attendants and announcement of the results of such handling.
7. Passengers can provide suggestions and feedbacks about the benefits and disadvantages of their travel through information channels.
Article 23. Obligations of the passengers
1. Bus passengers must prepare small change, buy tickets and submit tickets as requested by a competent person; they are not allowed to use illegal tickets.
2. Passengers must follow the bus regulations and guidance of the drivers and attendants in order to maintain public order on the buses. They must help and give up their seats for the disabled, the elderly, pregnant women or women with small children. If the passengers violate the bus regulations and cause damages to other passengers, they must be treated according to the laws.
3. Passengers must keep the buses, bus stops and bus shelters clean; they shall not carry illegal goods, ill smelling goods, infected goods, domestic animals and explosive chemicals.
Chapter 7
SETTLEMENT OF DISPUTES
Article 24. Settlement of disputes
Any dispute between the transport enterprise and the Center for Public Passenger Transport Management and Operation shall be settled in a diplomatic manner; if the settlement cannot be carried out in such manner or fail to be carried out, related parties have the right to bring such case to court.
Chapter 8
GIVING REWARDS AND HANDLING VIOLATIONS
Article 25. Rewards
The agencies, organizations managing the bus routes, transport enterprises and individuals who contribute in the development of bus service system, attract citizen to take buses, increase the number of passengers shall be rewarded according to the State’s regulations. The funding for rewards must be derived from the remained amount of penalty charges for breaches of the urban public transport provision contract of transport enterprises.
Article 26. Handling of violations
1. If transport officials and employees do not fulfill their tasks according to the regulations specified in this Regulation, they shall be treated according to the Law on Cadres and Civil Servants, Law on Public Employee and Labor Code.
2. Organizations and individuals, who commit violations regarding inspection or assessment or take advantages of such inspection for their own benefits and cause troubles for the buses, shall be treated according to the Law on Handling Administrative Offences and other laws.
3. Passengers and individuals who violate the bus regulations such as selling and purchasing goods on the buses, dumping trashes there, not paying for the tickets, disturb public order and behave inappropriately with other passengers shall be treated and charged for administrative offences or be prosecuted for criminal liability. If they cause any damage, they must be responsible for paying for such damage according to the laws.
Chapter 10
IMPLEMENTATION
Article 27. Implementation
The departments, boards and sectors of the City, People’s Committees of districts and related organizations shall take responsibility in making plan for implementing this Regulation, based on their own tasks and obligations.
Article 28. Reporting regime
The Department of Transport shall monitor the process of implementing this Regulation, summarize it and send an annual report to the People's Committee of the City to suggest methods for handling difficulties and modifying the contents (if any) during such process.
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