Mr. Vo Minh Phung (Quang Ngai) is driving a contract car with less than 8 seats on the SM Green technology taxi platform.

According to Clause 9, Article 56, Chapter 4 of the Road Law No. 35/2024/QH15: "Passenger transport business by taxi is a type of passenger transport business using cars carrying less than 8 people (excluding the driver's seat) to transport according to the request of passengers; the fare for the trip is chosen by the passenger according to one of the following methods:

a) The fare is calculated through a meter;

b) The fare is calculated through a fare calculation software that is directly connected to the passenger via electronic means;

c) The fare is agreed upon with the transport business unit".

Mr. Phung asked, in his case, is his car a taxi or not, because before the above law took effect, his car was affixed with a reflective sticker as a contract car.

Do we have to comply with Circular No. 36/2024/TT-BGTVT on requirements according to taxi or contract vehicle type?

Regarding this issue, the Ministry of Transport (now the Ministry of Construction) responded as follows:

Clause 6, Article 56 of the 2024 Road Law stipulates: "Passenger transport business by automobile includes: passenger transport business on fixed routes, public passenger transport business by bus, passenger transport business by taxi, passenger transport business under contract and new types of passenger transport business as prescribed by the Government".

In Decree No. 158/2024/ND-CP dated December 18, 2024 of the Government regulating road transport activities: Article 21 stipulates the procedures for granting, re-granting and revoking business licenses for automobiles and four-wheeled motor vehicles; Article 23 stipulates the management, use, granting, re-granting and revoking of badges.

According to the above regulations, the choice of business type, business registration, registration to be granted a badge for the vehicle of the unit is based on the needs of the transport business unit to choose and register with the Department of Transport (now the Department of Construction).

Therefore, the registration of the transport business type and the granting of the "Taxi" badge or the "Contract Vehicle" badge is based on the transport business unit's choice and registration with the Department of Transport (now the Department of Construction). Therefore, Mr. Vo Minh Phung is requested to choose the appropriate transport business type and comply with the provisions of the Road Law 2024, Decree No. 158/2024/ND-CP, Circular No. 36/2024/TT-BGTVT.

Regarding the use of the transport connection support application software of the transport connection support application software provider, the transport business unit is also based on its own choice. Therefore, it is recommended to comply with the provisions of Article 74 and Article 75 of Decree No. 158/2024/ND-CP and other relevant legal provisions.