Hello Lawyer. My company specializes in transporting goods by car. Originally opened in my father’s name, but my father is old and intends to retire, so he wants me to name it. As far as I find out, this will change the legal representative and have to change the transport business license. My lawyer asked me: What is the procedure to change the transport business license in 2022? What documents do I need to transfer? Ask for an answer from a lawyer. Thank you!
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Legal grounds
Traffic Safety Law 2008
Decree 10/2020/ND-CP
What is a transportation business?
According to the provisions of Article 64 of the Law on Road Traffic 2008
Road transport activities include non-commercial transport activities and road transport business activities. Road transport business is a conditional business line as prescribed by law.
Road transport business includes passenger transport business, freight transport business. Transport business is the use of means of transport to transport goods and passengers on roads, railways, airways, waterways, etc. to make a profit.
Road transport activities must be consistent with the road transport planning and network of transport routes.
What is a transport business license?
Truck 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 requirements of the lawsuit in accordance with the law. Currently, the areas that must apply for this license include:
Business passenger transport by car along fixed routes;
Business passenger transport by bus according to fixed routes;
Business of passenger transport by taxi;
Passenger transport business under contract;
Business of transporting tourists by car;
Cargo transportation business.
Cases of changing transport business licenses
Changing the transport business license is a common way of applying for a transport business license.
A transport business unit needs to apply for a re-grant of a transport business license in the following cases:
– In case of changing the contents of the Business License
– In case the business license expires
– Business license lost or damaged
Dossier of application for change of transport business license
Pursuant to Article 18 of Decree 10/2020/ND-CP:
Apply for re-issuance due to changes in the contents of the Business License
An application for re-issuance of a transport business license, clearly stating the reason for the re-grant;
Previously issued business license;
Documents proving the change of the contents stated in the Business License (name and address of the business unit; Legal representative; Business forms). If the change is related to any content, additional documents on that content will be added.
Please reissue due to loss or damage
An application for re-grant of a business license, made according to the form prescribed by the Ministry of Transport;
Damaged Business License (in case of Damaged License)
A document certified by the police of the commune or ward where the transport business unit reports the loss of its business license.
What is the application file for a transport business license?
Dossier of application for a transport business license for enterprises and cooperatives
An application for a business license, made according to the form specified in Appendix I of Decree 10/2020;
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 functions and tasks of the department managing and monitoring traffic safety conditions (applicable to enterprises and cooperatives engaged in passenger transport business) on fixed routes, passenger transport by bus, passenger transport by taxi, freight transport by containers, passenger transport using electronic contracts)
Dossier of application for a transport business license for business households
An application for a business license, made according to the form specified in Appendix I of Decree 10/2020/ND-CP;
Copy of Business Registration Certificate.
Procedures for changing transport business license in 2022
Procedures for change due to changes in the contents of the business license, the business license is revoked
Pursuant to Clauses 1 and 2, Article 19 of Decree 10/2020/ND-CP:
The transport business unit shall submit 01 application 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 directly or in writing or through the online public service system the contents that need to be supplemented or amended to the business unit. transportation business within 03 working days from the date of receiving the dossier;
Within 05 working days from the date of receipt of complete and correct dossiers, the business license-issuing agency shall verify the dossiers and issue a license for auto transport business according to the form specified in Appendix II. II of this Decree. In case of refusal to grant a business license, the business license-issuing agency must reply in writing or notify it through the online public service system, clearly stating the reason.
Procedures for exchange due to lost or damaged business license
Pursuant to Clause 3, Article 19 of Decree 10/2020/ND-CP:
The transport business unit shall submit 01 application for re-issuance of the business license to the Department of Transport where its head office or branch is located. In case the dossier needs to be amended or supplemented, the business license-issuing agency shall notify directly or in writing or through the online public service system the contents that need to be supplemented or amended to the business unit. transportation business within 02 working days from the date of receiving the dossier;
Within 03 working days from the day on which the complete and correct application is received, the business license-issuing agency shall issue a license for automobile transport business according to the form specified in Appendix II of this Decree. this determination. In case of refusal to grant a business license, the business license-issuing agency must reply in writing or notify it through the online public service system, clearly stating the reason.
Related article:
- Conditions For Tourist Transport Business In Vietnam
- Procedures For Establishing A Transport Business In 2022
- How Is Rail Transport Business Regulated According To Vietnamese Law?
Frequently asked questions
According to Decree 86/2014/ND-CP, a business license is valid for 07 years and upon its expiration, procedures for re-issuance must be carried out. However, now Decree 10/2020/ND-CP replacing Decree 86/2014/ND-CP no longer stipulates the term of the transport business license and there is no provision for re-issuance of the business license. transportation due to expiration.
An application form for re-issuance of a transport business license can be found in Appendix I of Decree 10/2020/ND-CP.
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