On April 16, 2024, the Government issued Decree No. 41/2024/ND-CP amending and supplementing certain provisions of decrees related to the management of automobile transport activities, automobile driver training services, and driver examination services, including new regulations on the revocation of business licenses for transportation service enterprises.
=> See more: Regulations on cases of revoking permits of dangerous goods transportation from May 15, 2024
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1) Regarding the procedure for revoking the business license of a transportation business entity
The Decree 41/2024/NĐ-CP continues to amend the regulations on the procedures for revoking business licenses, as follows:
+ When the licensing authority issues a decision to revoke the business license for the type of transportation business that has violated regulations, within 10 days from the date of signing, the transportation business entity must return the business license and permits, and signs to the licensing authority, and cease transportation business activities according to the revocation decision.
+ In cases where the transportation business entity returns the business license and permits, and signs in accordance with the revocation decision, the licensing authority shall only reissue the business license after a period of 30 days from the date the transportation business entity returns the complete business license and permits, and signs according to the revocation decision.
+ In cases where the 10-day period from the date the licensing authority issues a decision to revoke the business license for the type of transportation business that has violated regulations has expired and the transportation business entity has not returned the business license and permits, and signs, or has returned but not complete according to the revocation decision, the Department of Transport shall only reissue the business license after a period of 45 days from the date the transportation business entity returns the complete business license and permits, and signs according to the revocation decision.
2) Summarizing the regulations after being amended and supplemented regarding transportation businesses whose indefinite business licenses are revoked in one of the following cases:
+ Providing incorrect copies compared to the original or inaccurate information in the application for a business license;
+ Not engaging in transportation business activities for all types listed on the business license for a period of 6 months or more from the date of issuance of the business license, or ceasing all transportation business activities for a continuous period of 6 months or more;
+ Terminating operations according to legal regulations or at the request of the transportation business entity;
+ Altering or distorting image data from cameras installed on vehicles before, during, and after data transmission;
+ Failing to comply with inspection decisions, inspections of compliance with regulations on transportation business, and conditions for operating motor vehicle transportation businesses by competent authorities;
+ Within a period of 1 month, if 30% or more of the vehicles of the entity are subjected to violations, revoked permits, or signs.
In summary, Decree No. 41/2024/ND-CP has amended and supplemented issues related to the timing of the license revocation procedures and the cases of indefinite license revocation for transportation service enterprises.
Decree No. 41/2024/ND-CP takes effect from June 01, 2024.
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