From July 1, which trucks under 3.5 tons must have a badge?

Still have many concerns

According to Decree 86/2014 on business and conditions for automobile transportation business, from July 1, 2018, enterprises, cooperatives, and households that transport goods by automobile with a designed load capacity of less than 3.5 tons must have a license to transport goods by automobile, install a journey monitoring device, and must be affixed with a "Truck" badge. However, up to now, many truck owners are still quite vague due to different understandings of this decree.

Mr. Nguyen Tuan Duong (Khuong Trung, Thanh Xuan, Hanoi), owner of a 1.5-ton truck, said: “This is the first time I have heard of the regulation of attaching badges to trucks under 3.5 tons. If the law stipulates, I will comply.”

Trucks under 3.5 tons that are not used for transportation business do not need to stick badges and install GSHT devices.

However, what Mr. Duong is concerned about is the necessity of attaching a badge, because his car is currently registered under an individual name and is not affiliated with any unit or organization. Unlike large trucks, small trucks under 3.5 tons are mostly family vehicles, only transporting household goods, not for hire. The vehicle owner may have a production facility or a business store but is not a transportation enterprise, does not do transportation business, so there is a need to attach a black box and apply for a badge.

Meanwhile, Mr. Pham Anh Dung (Ly Nhan, Ha Nam), the owner of a small truck under 3.5 tons, wondered: "My truck mainly transports goods for my family, I don't do any business so why do I have to register for business or attach a badge?". According to Mr. Dung, registering for business will involve many other procedures such as taxes, but the amount of goods transported for my family is not much and the trouble of having to prove that my family's truck is not a non-business vehicle.

“Moreover, installing a journey monitoring device is unnecessary for me because I drive and manage it myself, I don't hire anyone to bother monitoring,” Mr. Dung wondered.

Discussing this issue, Mr. Dao Viet Long, Head of the Transport Management Department, Hanoi Department of Transport, said that at this time, many people have come to request to install badges, the department has to work overtime to complete the documents and return them to the people. However, many people do not understand the regulations on the procedures for the components of the documents such as: Copy of vehicle registration and inspection must still be valid. In addition, the journey monitoring device must comply with regulations and transmit data to the Vietnam Road Administration, otherwise the badge will not be issued.

Mr. Nguyen Van Thanh, Chairman of the Vietnam Automobile Transport Association, said that the issuance of badges and signs in the transport business has been implemented for decades and has brought about certain results such as the management of vehicles and transport businesses has become much more convenient and orderly.

“The main purpose of issuing badges is to help authorities easily identify which business the vehicle belongs to, if any problem occurs. This is also the basis for managing the fleet of vehicles of transport businesses,” said Mr. Thanh.

Who must wear a badge?

According to Mr. Dao Viet Long, during the process of granting badges, many vehicle owners who do not operate in the transportation business do not understand the regulations and still come to complete the procedures. According to Clause 1, Article 50, Circular 63 of the Ministry of Transport, for transport business units that do not collect money directly (transporting goods internally from home to warehouse) using vehicles under 10 tons and with a number of less than 5 vehicles, they are not subject to being granted a license to operate automobile transportation, truck badges and installing a journey monitoring device.

The badge is attached to strictly control the transport business activities, serve the traffic organization, and traffic flow for routes with limited vehicles. At the same time, the journey monitoring device will monitor the vehicle.

Ms. Phan Thi Thu Hien, Deputy Director General of the Vietnam Road Administration, said that according to Decree 86/2014, the conditions for automobile transportation business include two forms: direct payment transportation business and non-direct payment transportation business.

Regarding the subjects of transport business units that do not collect money directly, they must be granted a transport business license, badge and install a journey monitoring device. Clause 1, Article 50 of Circular 63/2014 stipulates: Freight transport business units that do not collect money directly must be granted a business license for transporting goods by car for the following subjects: Using vehicles to transport dangerous goods according to Government regulations; Using vehicles to transport oversized and overweight goods according to regulations on load and road size limits; Having 5 or more vehicles; Using vehicles with a permitted transport weight of 10 tons or more to transport goods.

Based on the above regulations, transport business units that do not collect money directly (including production establishments or business stores that are not transport businesses that only transport their own goods, not hired goods) using vehicles with a permitted passenger volume of less than 10 tons to transport goods and with a number of less than 5 vehicles are not subject to being granted a license to transport goods by car, a transport badge and installing a journey monitoring device.

“According to the roadmap stipulated in Decree 86, from July 1, transport vehicles of 3.5 tons or less must install journey monitoring devices. After this date, if enterprises, cooperatives, business households participating in freight transport and drivers of freight vehicles with a tonnage of less than 3.5 tons do not comply with the above regulations, they will be subject to administrative sanctions according to Decree No. 46/2016 of the Government with a fine of 3-5 million VND,” said Ms. Hien.

Decree No. 86 of the Government stipulates the roadmap for installing badges: Cargo transport vehicles with a designed load of 10 tons or more must install badges before January 1, 2016; Vehicles from 7 to under 10 tons must install badges before July 1, 2016; from 3.5 to under 7 tons must install badges before January 1, 2017; under 3.5 tons must install badges before July 1, 2018. Decree 46/2016 of the Government stipulates: Cases of driving a vehicle without a badge or with an expired badge will be fined 3 - 5 million VND, and the driver's license will be revoked for 1 - 3 months.