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CIRCULAR

GUIDING THE USE OF RUDIMENTARY VEHICLES, MOPEDS, MOTORCYCLES, THREE-WHEELERS AND THE LIKE FOR CARRYING PASSENGERS AND CARGOS

THE MINISTRY OF TRANSPORT

Pursuant to the November 13, 2008 Law on Road Traffic;Pursuant to the Government's Decree No. 51/ 2008/ND-CP of April 28, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;The Ministry of Transport guides the use of rudimentary vehicles, mopeds, motorcycles, three-wheelers and the like for carrying passengers and cargos in order to ensure traffic order and safety as follow:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides general principles of passenger and cargo transportation by rudimentary vehicles, mopeds, motorcycles, three-wheelers and the like.

Article 2. Subjects of application

This Circular applies to organizations and individuals engaged in passenger and cargo transportation activities by rudimentary vehicles, mopeds, motorcycles, three-wheelers and the like.

Chapter II

REGULATIONS ON PASSENGER AND CARGO TRANSPORTATION BY RUDIMENTARY VEHICLES, MOPEDS, MOTORCYCLES, THREE-WHEELERS AND THE LIKE

Article 3. Vehicle operators

1. To comply with provisions of Articles 58 and 63 of the Law on Road Traffic.

2. To provide crash helmets to their passengers for vehicles on which passengers are compulsory to wear crash helmets.

3. For commercial passenger and cargo transportation by rudimentary vehicles, mopeds, motorcycles, three-wheelers and the like, vehicles operators must have name plates and uniforms provided by People's Committees of provinces and centrally run cities (below referred to as provincial-level People's Committees) in order to distinguish them from other road users.

Article 4. Vehicles

1. Mopeds, motorcycles, three-wheelers and the like must comply with provisions of Article 53 of the Law on Road Traffic.

2. Rudimentary vehicles must satisfy the road traffic safety conditions specified by provincial-level People's Committees.

Article 5. Transportation activities

1. Provincial-level People's Committees shall specify:

a/ Operation scope, routes and time for each type of vehicles to ensure road traffic order and safety;

b/ Activities of standing, parking, picking up and disembarking passengers and cargos, in order to ensure road traffic order and safety.

2. Rudimentary vehicles, mopeds, motorcycles, three-wheelers and the like which carry passengers and cargos in a certain locality must comply with that locality' regulations.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 6. Responsibilities of provincial-level People's Committees

Provincial-level People's Committees shall, based on general principles and local situations, specify passenger and cargo transportation by rudimentary vehicles, mopeds, motorcycles, three-wheelers and the like in their localities.

Article 7. Responsibilities of provincial-level Transport Departments

To advice and propose provincial-level People's Committees regulations on management and use of rudimentary vehicles, mopeds, motorcycles, three-wheelers and the like in their localities.

Article 8. Effect and implementation responsibilities

1. This Circular takes effect 45 days from the date of its signing. To annul the Transport Ministry's Circular No. 03/2002/TT-BGTVT of February 27, 2002, guiding the use of rudimentary vehicles, mopeds. motorcycles, three-wheelers and the like for carrying passengers and cargos.

2. The Vietnam Road Administration shall sum up (through provincial-level Transport Departments) and report any problems arising in the course of implementation to the Ministry of Transport for study and prompt settlement.

3. The chief of the Ministry's Office, the Ministry's Chief Inspector, directors of departments, the director of Vietnam Road Administration, directors of provincial-level Transport Departments, heads of concerned agencies, and concerned organizations and individuals shall implement this Circular.

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