All provinces, autonomous regions, municipalities directly under the Central Government, and transportation departments (bureaus and committees) of Xinjiang Production and Construction Corps:
Recently, some online ride-hailing platform companies have recruited or induced unlicensed drivers and vehicles to "bring cars to join" and carried out illegal operations, which seriously disrupted the market order of fair competition, affected the safety and stability of the industry, and damaged the legitimate rights and interests of drivers and passengers. On August 30, 2021, the 21st meeting of the Central Commission for Comprehensive Deepening Reform clearly requested to promote the formation of a fair competition market environment and better protect the rights and interests of consumers. In order to implement the spirit of the 21st meeting of the Central Commission for Comprehensive Deepening Reform, maintain fair competition market order, accelerate the process of online ride-hailing compliance, and promote the healthy and sustainable development of the online ride-hailing industry, with the consent of the Ministry of Transport, the relevant matters are hereby notified as follows:
I. Further enhance ideological awareness
Legal compliance operation is a prerequisite for ensuring the safety of online car-hailing operations, and is a basic requirement for safeguarding the legitimate rights and interests of drivers and passengers and maintaining a fair competition market environment. Local transportation authorities should proceed from the strategic height of building a new development pattern of services, promoting high-quality development, and promoting common prosperity, further improve their political position, enhance their sense of responsibility and mission, and fully understand the importance of online car-hailing compliance to maintaining a fair competition market environment. It is necessary to press and compact the main responsibility of enterprises for legal compliance operation, actively promote the diversification of market entities, create broad development space for various market entities, and better serve the people’s safe and convenient travel needs.
Accelerate the process of online car-hailing compliance
Local transportation authorities should urge online ride-hailing platform companies to operate in accordance with laws and regulations. From now on, no new access to non-compliant vehicles and drivers will be allowed, and non-compliant drivers and vehicles will be cleared faster. It is necessary to strengthen supervision and law enforcement, strictly standardize law enforcement behavior, and comprehensively use various means such as online and offline to increase the crackdown on illegal operation of online ride-hailing, and continue to maintain a high-pressure situation. Online ride-hailing platform companies that are still new access to non-compliant vehicles and drivers shall be investigated and punished in accordance with laws and regulations, and the relevant situation shall be reported to the Ministry. The Ministry will make it public to the public and serve as an important basis for taking supervision measures during and after the incident.
Local transportation authorities should formulate a work plan for online car-hailing compliance, clarify goals, refine measures, and effectively promote compliance. It is necessary to adhere to both regulatory norms and promote development, optimize the approval process, strengthen services, and resolutely get rid of the "glass door" and "revolving door" for license processing, so as to provide convenience for online car-hailing platform companies, vehicles and drivers who meet the access conditions to apply for licenses. From September 2021, the Ministry will announce the compliance rate of online car-hailing in 36 central cities every month. For cities where eligible vehicles and drivers fail to comply due to license processing delays and other issues, the Ministry will disclose the list of cities to the public.
III. Maintaining fair competition and market order
Local transportation authorities should urge enterprises to implement their main responsibilities, strengthen their awareness of fair competition, and guide the formation of a market environment that advocates, protects, and promotes fair competition. It is necessary to work with relevant departments to accelerate the establishment of an all-round, multi-level, and three-dimensional supervision system, and strengthen the supervision of online ride-hailing platform companies in the whole chain and all fields before, during and after the event, so as to improve the supervision efficiency. It is necessary to cooperate with relevant departments to increase the intensity of double random inspection work, and strictly investigate and punish low-price dumping, big data killing, and inducing fraud and other violations of laws and regulations in accordance with the law. Promote the formation of a unified, open, competitive and orderly market system, and effectively maintain the market order
IV. Protecting the legitimate rights and interests of drivers and passengers
Local transportation authorities should conscientiously implement the Ministry of Human Resources and Social Security and other eight departments "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Laborers in New Employment Forms" and other relevant document requirements, actively work with relevant departments to guide and urge online ride-hailing platform companies to comply with the law on employment, scientifically formulate platform order dispatch rules, standardize pricing behavior, improve the benefit distribution mechanism, reduce the excessive draw ratio, and ensure that drivers receive reasonable labor remuneration and rest time. It is necessary to give full play to the role of the 12328 transportation service supervision telephone, deal with complaints from drivers and passengers about the operation behavior of the platform in a timely manner, and must not be perfunctory, and effectively protect the legitimate rights and interests of drivers and passengers.
V. Maintain the safety and stability of the industry
Under the unified leadership of the local party committee and government, local transportation authorities should work with relevant departments to strengthen dynamic monitoring of market operation, share relevant information in a timely manner, strengthen evaluation and judgment, and promptly investigate and resolve various contradictions and disputes and hidden risks to ensure industry stability. It is necessary to urge online car-hailing platform enterprises to strengthen safety education for online car-hailing drivers, and comprehensively use civil air defense, technical defense, and physical defense to improve the safety level of industry operations.
General Office of the Ministry of Transport
September 7, 2021
(This article is published publicly.)
CC: Discipline Inspection and Supervision Team of the State Supervision Commission of the Central Commission for Discipline Inspection in the Ministry of Transport.
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