Documents and procedures for applying for and reissuing an automobile transport business license?
1. What is a car transport business license?
Based on the provisions of Decree No. 10/2020/ND-CP, transportation business by car is the use of cars to transport goods and passengers on the road for profit purposes. ... According to the provisions of law, transport business units must be granted a license to do transport business by car.
2. Issuing a license for car transport business
- Passenger transport business units and freight transport business units must have a car transport business license (hereinafter collectively referred to as business license).
- Contents of the Business License include:
a) Name and address of business unit;
b) Business registration certificate (Enterprise registration certificate) includes: Number, date, month, year, issuing agency;
c) Legal representative;
d) Business forms;
d) Business License issuing agency.
- The competent authority to issue Business Licenses is the Department of Transport of provinces and centrally run cities.
3. Application dossier for issuance or re-issuance of Business License
3.1 Application dossier for a Business License for transport businesses and cooperatives
Dossier to request a Business License for transport businesses and cooperatives includes:
a) Application for Business License according to the form specified in Appendix I of Decree No. 10/2020/ND-CP;
b) Copies of diplomas and certificates of the person directly managing transport activities;
c) Copy or original of the Decision on establishment and regulations on the functions and tasks of the department managing and monitoring traffic safety conditions (applicable to enterprises and transport business cooperatives). passengers on fixed routes, passenger transport by bus, passenger transport by taxi, cargo transport by container, passenger transport using electronic contracts).
3.2. Application dossier for a Business License for transport businesses
Dossier to request a Business License for a transport business includes:
a) Application for Business License according to the form specified in Appendix I of Decree No. 10/2020/ND-CP;
b) Copy of Business Registration Certificate.
3.3. Application for re-issuance of a Business License due to changes in the content of the Business License
Dossier to request re-issuance of a Business License due to change in the content of the Business License includes:
a) Application for re-issuance of Business License clearly stating the reason for re-issuance according to the form specified in Appendix I of Decree No. 10/2020/ND-CP;
b) Documents proving the change of the contents recorded in the Business License specified in Clause 2, Article 17 of Decree No. 10/2020/ND-CP (if the change relates to any content, it must be supplemented). documents about that content).
3.4. In case of re-issuance of Business License due to loss or damage, documents
In case of re-issuance of a Business License due to loss or damage, the dossier includes: Application for re-issuance of a Business License according to the form specified in Appendix I of Decree No. 10/2020/ND-CP.
3.5. Application for re-issuance of Business License
In case of re-issuance of a Business License due to revocation or deprivation of the right to use, application dossier for re-issuance of Business License:
a) For transport businesses and cooperatives, comply with the provisions in Clause 1 of this Article; For transport business households, comply with Clause 2 of this Article;
b) Documents proving the correction of the violation that caused the revocation or deprivation of the right to use the Business License.
4. Procedures for granting, reissuing and revoking Business Licenses
- Procedures for granting a Business License:
a) The transport business unit submits 01 set of application documents for a Business License to the Business License issuing agency. In case the dossier needs to be amended or supplemented, the business license-issuing agency shall notify the business unit directly or in writing or via the online public service system of the contents that need to be supplemented or amended. transport business within 03 working days from the date of receipt of the application;
b) Within 05 working days from the date of receiving complete documents according to regulations, the business licensing agency will evaluate the documents and issue a car transport business license according to the form prescribed in Clause 1 of this Article. Appendix II of Decree No. 10/2020/ND-CP. In case a Business License is not issued, the Business License granting agency must respond in writing or notify via the online public service system and clearly state the reason.
- Procedures for reissuing a Business License when there is a change related to the content of the Business License or the Business License is revoked or stripped of the right to use is carried out in accordance with the provisions in Clause 1 of this Article.
- Procedures for reissuing a Business License in case the Business License is lost or damaged
a) The transportation business unit submits 01 set of documents to request re-issuance of the Business License to the Department of Transport where the unit's head office or branch headquarters is located. In case the dossier needs to be amended or supplemented, the business license-issuing agency shall notify the business unit directly or in writing or via the online public service system of the contents that need to be supplemented or amended. transport business within 02 working days from the date of receipt of the application;
b) Within 03 working days from the date of receiving complete and correct documents according to regulations, the business license-issuing agency shall issue the car transport business license according to the form specified in Appendix II. of Decree No. 10/2020/ND-CP. In case a Business License is not issued, the Business License granting agency must respond in writing or notify via the online public service system and clearly state the reason.
- The Business License issuing agency checks information about the Business Registration Certificate or Enterprise Registration Certificate on the National Business Registration Portal system before issuing the Business License.
- Receipt of dossiers and return of results are carried out at the headquarters of the business license-issuing agency or by post or other appropriate forms according to regulations. In case of receiving applications directly at the business licensing agency or by post, the receiving officer will update the information of the documents according to regulations into the Ministry's online public service system. Transportation.
The Business License issuing agency processes documents and issues Business Licenses on the online public service system of the Ministry of Transport.
- The transport business unit has its business license revoked indefinitely in one of the following cases:
a) Providing a copy that is inconsistent with the original or incorrect information in the application for a Business License;
b) Not doing transport business for a period of 06 months from the date of issuance of the Business License or ceasing to do transport business for a period of 06 consecutive months;
c) Terminate operations according to the provisions of law or at the request of the transport business unit;
d) Repair or falsify image data from cameras installed on vehicles before, during and after data transmission.
- The business license-issuing agency shall revoke the business license issued by its agency and proceed in the following order:
a) Issue a decision to revoke the Business License;
b) Send the decision to revoke the Business License to the transport business unit and post the information on the Department of Transport's website;
c) Report to Vietnam Road Administration, Provincial People's Committee and notify the decision to revoke the Business License to relevant agencies for coordinated implementation;
d) When the business license-issuing agency issues a decision to revoke the business license, the transportation business unit must return the business license, badges and signs to the business license-issuing agency at the same time. Stop all transportation business activities according to the decision to revoke the Business License immediately after the decision takes effect.
- A transportation business unit that is subject to a penalty by a competent authority shall have its right to use its auto transportation business license revoked and must stop all transportation business activities according to the sanctioning decision. Administrative Violations. After the expiry of the right to use, if the transport business unit wishes to continue participating in the transport business, it must carry out procedures to be re-issued with a business license according to the provisions of Clauses 1 and 2. Article 18 of Decree No. 10/2020/ND-CP and there must be additional documents proving that the violation is the cause of deprivation of use rights.
- During the time the transportation business unit is sanctioned by a competent authority to revoke the right to use the car transportation business license, the Department of Transport shall not re-issue the business license. transportation businesses and all kinds of badges and signs for types of businesses that have had their use rights revoked.