Circular No. 39/2015/TT-BGTVT dated 31 July 2015, on guidelines for the Agreement and the Protocol on implementation of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on road transport

• Official number: 39/2015/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Dinh La Thang
• Issued Date: 31/07/2015

THE MINISTRY OF TRANSPORT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 39/2015/TT-BGTVT	Hanoi, July 31, 2015

CIRCULAR

ON GUIDELINES FOR THE AGREEMENT AND THE PROTOCOL ON IMPLEMENTATION OF THE AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE ROYAL GOVERNMENT OF CAMBODIA ON ROAD TRANSPORT

Pursuant to the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on road transport dated June 1, 1998 (hereinafter referred to as “Agreement”);

Pursuant to the Protocol on implementation of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on road transport dated October 10, 2005 (hereinafter referred to as “Protocol”);

Pursuant to Decree No. 107/2012/ND-CP dated December 20, 2012 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of Director of Department of International Cooperation and Director General of Directorate for Roads of Vietnam,

The Minister of Transport promulgates a Circular on guidelines for the Agreement and the Protocol.

Chapter I

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Article 1. Scope

This Circular provides guidelines for the Agreement and the Protocol.

Article 2. Regulated entities

This Circular applies to organizations and individuals related to transport of passengers and goods on cross-border roads between Vietnam and Cambodia.

Chapter II

CHECKPOINTS AND REGULATIONS ON VEHICLES, DRIVERS AND PASSENGERS

Article 3. Checkpoints

Vietnam

Cambodia

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1. Oyadav (Andong Pich-Rattanakiri)

2. Bu Prang (Dac Nong)

2. O Raing (Mundulkiri)

3. Hoa Lu (Binh Phuoc)

3. Trapeang Sre (Snoul-Kratie)

4. Xa Mat (Tay Ninh)

4. Trapeing Phlong (Tbong Khmum)

5. Moc Bai (Tay Ninh)

5. Bavet (Svay Rieng)

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6. Phnom Den (Takeo)

7. Ha Tien (Kien Giang)

7. Prek Chak (Lork-Kam Pot)

Article 4. Vehicles

1. For the purposes of the Agreement, Vietnamese vehicle means a vehicle whose vehicle registration certificate and license plate are issued by the competent authorities of the Socialist Republic of Vietnam. Vehicles include commercial vehicles and non-commercial vehicles.

2. Commercial vehicles include:

a) Vehicles on scheduled passenger transport, non-scheduled passenger transport, or tourist: of 10 seats or more, including the driver;

b) Taxi: of 5 seats, including the driver;

c) Vehicles for transport of goods: trucks, tractors, trailers or semi-trailers. A truck or a tractor attaching to a trailer or a semi-trailer shall be considered one vehicle.

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a) Public service vehicles under right to enjoyment of the following agencies and organizations:

Diplomatic missions, embassies, international organizations, non-governmental organizations whose headquarters are located in Vietnam;

Political organizations, socio-political organizations, unions, public service providers in central and local governments;

b) Vehicles drived by foreigners: vehicles used by a person whose having passport issued by a third party (other than the passport issued by Vietnam or Cambodia);

c) Fire trucks and ambulances.

4. Commercial vehicles must fit monitoring devices with service life, badges, and nameplates under the current regulations.

5. Any vehicle enters or leave through checkpoint shall undergo management, inspection and surveillance of the authorities at the checkpoint in accordance with law of each Party.

Article 5. Time and route of vehicles

1. For a journey, each vehicle is permitted to stay in the territory of the other Party within 30 days from the date of entry. After the expiry date as prescribed, if the vehicle has valid reasons for expiration (natural disaster, accident, or breakdown), it shall be grant an extension, each extension shall not exceed 10 days from the expiry date.

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3. The vehicles are prohibited from transport of goods or passengers between two points in the territory of the other Party (except for cases of permit of the authority of the other Party).

Article 6. Documents of vehicles

When a vehicle leaves or enters a Party through a checkpoint and operates within the territory of such Party, it is required to provide the authority at the checkpoint and on request with valid documents as well as translation in English, or national language of the Party with authorization (unless the documents are bilingual in Vietnamese and Khmer or Vietnamese and English or Khmer and English), in particular:

1. For commercial vehicles on passenger transport

a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection;

c) Vietnam – Cambodia cross-border road transport permit (hereinafter referred to as the permit);

d) List of passengers (using Appendix 1a issued herewith for vehicles on scheduled passenger transport and using Appendix 1b issued herewith for vehicles on non-scheduled passenger transport and tourist). With respect to scheduled passenger transport, the List of passengers needs certified by the terminal (if there is no a terminal in the Cambodia Party, the certification of the last stop is required) The List of passengers does not apply to passenger transporting by taxies;

dd) Passenger transport contract (for vehicles on non-scheduled passenger transport);

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g) Declaration of temporary imports and re-exports road vehicles or vice versa.

2. For commercial vehicles on transport of goods

a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection;

c) The permit;

d) Consignment note;

dd) Customs declaration sheet for goods;

e) Certificate of civil liability insurance;

g) Declaration of temporary imports and re-exports road vehicles or vice versa.

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a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection;

c) The permit;

e) Certificate of civil liability insurance;

g) Declaration of temporary imports and re-exports road vehicles or vice versa.

Article 7. National distinguishing signs for vehicles

1. The national distinguishing sign of Cambodia is “KH”; the national distinguishing sign of Vietnam is “VN”. The national distinguishing sign shall be issued by licensing agency in conjunction with the permit. Each Vietnamese vehicle shall fit the national distinguishing sign on the windshield and the rear window.

2. The template of Vietnamese distinguishing sign shall be prescribed in Appendix 2 issued herewith.

Article 8. Drivers and passengers

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2. Each passenger on the above vehicle is required a passport or any laissez-passer in accordance with the international treaty to which both Parties are signatories and a visa issued by the competent authority (except for case of visa-free entry).

3. The driver and the passenger are subject to management, inspection and monitoring of competent authority at the checkpoint as prescribed in law and regulations of each Party.

Chapter III

VIETNAM – CAMBODIA INTERNATIONAL ROAD TRANSPORT LICENSE

Article 9. Entities eligible for Vietnam – Cambodia international road transport license

An entity eligible for issuance of a Vietnam – Cambodia international road transport license (hereinafter referred to as the license) is a Vietnam enterprise or cooperatives that satisfy the following requirements:

1. Provide domestic transport services for at least 3 years; not be declared bankrupt or in a state of bankruptcy declaration.

2. For transport operators: obtain at least a Bachelor’s Degree in economics and engineering and have at least 3 years’ experience in transport enterprises or cooperatives.

3. For passenger transport: register and provide passenger transport services of at least 3-star rating according to the standards for passenger transport quality issued by the Ministry of Transport.

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1. The licensing agencies: Directorate for Roads of Vietnam.

2. Application for issuance of Vietnam – Cambodia international road transport license:

a) An application form for issuance of the license using the form in Appendix 3 issued herewith;

b) A certified true copy or a copy and an original for comparison of the transport business license by cars (if the transport business license by cars is required) or the certificate of business registration of which transport business by cars is registered) (if the transport business license by cars is not required);

c) A business plan for Vietnam – Cambodia international road transport using the form in Appendix 4 issued herewith;

d) A certified true copy or a copy and an original for comparison of the financial statement of the license applicant in the last 3 years which is certified by local financial authority or an audit unit;

dd) A certified true copy or a copy and an original for comparison of qualifications of the transport operator and a labor contract with the license applicant (unless the transport operator holding one of the following positions: Director of the license applicant, President of the Board of Directors of cooperatives, Chairman of cooperatives);

e) A registration of service quality of passenger transport (for passenger transport enterprises/cooperatives).

3. Processing of application:

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b) Within 2 working days, from the date on which the satisfactory application is received, Directorate for Roads of Vietnam shall issue the license to the license applicant. If the application is rejected, they must provide explanation in writing;

c) The application shall be received and the results shall be provided at the head office of the licensing authority by post or other methods.

4. The license applicant shall pay fees for issuance of the license as prescribed by the Ministry of Finance.

5. The validity period of the license is 5 year provided that it does not exceed the validity period of the transport business license by cars.

6. The template of the license shall be prescribed in Appendix 5 issued herewith.

7. When the license expires, the license holder shall apply for reissuance of the license as prescribed in Clause 2 of this Article. If the license is lost or damaged (specifying reasons for lost, the license holder shall make an application for re-issuance of the license as prescribed in Point a Clause 2 of this Article. The license that is expired or damaged shall be submitted to Directorate for Roads of Vietnam as well as the application for re-issuance of the license.

8. The license that issued before the effective date  of this Circular shall remain its validity until expiration and the license holder must register the passenger transport service rating as prescribed in Clause 3 Article 9 of this Circular.

Article 11. Revocation of Vietnam – Cambodia international road transport license

1. The Vietnam – Cambodia international road transport license shall be revoked if the license holder commits violations in the cases below:

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b) Suspend Vietnam – Cambodia international road transport services in continuous 1 year;

c) Use improper types of transport as mentioned in the license;

d) The transport business license by cars or the Certificate of Business registration is revoked by the competent authority;

dd) Violate regulations on entry and exit, import and export at the checkpoint and subject to the revocation by the competent authority at the checkpoint;

e) Fail to satisfy one of the requirements prescribed in Article 9 of this Circular.

2. Procedures for revocation of Vietnam – Cambodia international road transport license:

a) Directorate for Roads of Vietnam shall issue a decision on revocation of the license and notify the Services of Transport and relevant agencies;

b) The license holder shall return the license and the permit to Directorate for Roads of Vietnam and suspend all Vietnam – Cambodia transport services upon the validity of the revocation decision.

3. The license holder violating Clause 1 of this Article shall not be issued a new license within 1 year from the date on which the license is revoked.

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VIETNAM – CAMBODIA CROSS-BORDER ROAD TRANSPORT PERMIT

Article 12. Vietnam – Cambodia cross-border road transport permit

1. Each permit shall be issued to commercial vehicles of enterprise/cooperatives obtaining a license for traveling within 30 days. The permit shall be valid for 1 year from the date of issue but not exceeding the validity period of the license.

2. The permit shall be issued to a commercial vehicle for one traveling within 30 days from the date of issue.

3. The fire trucks and ambulances are exempt from the permit when crossing borders between both Parties.

4. The template of the permit (including the permit for commercial vehicles and non-commercial vehicles and badge) shall be prescribed in Appendixes 6a, 6b and 6c issued herewith.

5. The badge shall be fitted in the top right of the windshield (visible inside the vehicle)

Article 13. Application for the permit

1. For non-commercial vehicles

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b) A vehicle registration certificate and a financial lease agreement concluded with lessor if the vehicle not being owned by the transport enterprise/cooperatives. e If the vehicle owned by a member of the cooperatives, it requires a vehicle registration certificate and a service contract concluded between the member and the cooperatives, which clarifies rights and obligations of the cooperatives in terms of management, use and administration of the vehicle;

c) A certificate of technical safety and environmental protection inspection;

d) A copy of the approval for registered transport routes, the approval for addition or replacement of vehicles issued by the transport route authority and the passenger contract at the terminals of Vietnam and terminals/last stops of Cambodia (applicable to scheduled passenger transport).

2. For non-commercial vehicles

a) An application form for issuance of the permit prescribed in Appendix 7b issued herewith;

b) A vehicle registration certificate and a financial lease agreement concluded with lessor if the vehicle not being owned by the transport enterprise/cooperatives as prescribed;

c) A certificate of technical safety and environmental protection inspection;

d) Business trip assignment of the competent authority (other than vehicle drived by foreigners).

3. All documents prescribed in Points b and c Clause 1 of this Article and Points b, c and d Clause 2 of this Article shall be certified true copies or copies together with originals for comparison.

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1. Processing of application:

a) Each permit applicant shall submit an application to the licensing authority. If the application needs amendment, the licensing authority shall directly notify (for application directly submitted) or notification of contents that need amendment sent to the permit applicant within 2 working days, from the date on which the application is received;

b) Within 2 working days, from the date on which the satisfactory application is received, the licensing authority shall issue a permit to the permit applicant. If the application is rejected, they must provide explanation in writing;

c) The application shall be received and the results shall be provided at the head office of the licensing authority by post or other methods.

2. The permit applicant shall pay fees for issuance of the permit as prescribed by the Ministry of Finance.

3. When the permit expires, the permit holder shall apply for reissuance of the permit as prescribed in Clause 13 of this Article. If the permit is lost or damaged (specifying reasons for lost, the permit holder shall make an application for re-issuance of the permit as prescribed in Clause 1 Article 13 (for commercial vehicles) or Clause 2 Article 13 (for non-commercial vehicles) of this Circular. The permit that is expired or damaged shall be submitted to the licensing authority as well as the application for re-issuance of the permit.

Article 15. The licensing authority

1. Directorate for Roads of Vietnam shall issue the permit to the following types of vehicles:

a) Public service vehicles under right to enjoyment of the following agencies and organizations:

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Diplomatic missions, embassies, international organizations, non-governmental organizations whose headquarters are located in Hanoi;

Political organizations, socio-political organizations, unions, public service providers in central governments.

b) Commercial vehicles.

2. Services of Transport shall issue the permit to non-commercial vehicles for remaining agencies, organizations, and individuals in the provinces.

3. Services of Transport of the provinces whose checkpoints bordering Cambodia as prescribed in the Agreement shall not only issue permits prescribed in Clause 2 of this Article but also issue the permits to non-commercial vehicles for organizations or individuals in other provinces of Vietnam traveling through their checkpoints.

Article 16. Revocation of the permit

1. The permit shall be revoked if the permit holder commits at least one of the following violations:

a) Fail to comply with regulations mentioned in the permit or violate regulations on management of transport activities;

b) Fail to provide Vietnam – Cambodia cross-border transport services for 3 months from the date of issue;

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d) Fail to send reports on Vietnam – Cambodia cross-border transport services as prescribed in Article 21 of this Circular;

dd) The license is revoked.

2. Any permit holder violating Clause 1 of this Article shall not be issued a new permit within 6 months from the date on which the permit is revoked.

3. Each permit issued to the permit holder before the effective date of this Circular shall remain its validity until expiration.

4. Procedures for revocation of the permit:

a) The licensing authority shall issue a decision on revocation of the permit and notify the relevant agencies for implementation;

b) The permit holder shall return the permit to the licensing authority and suspend all Vietnam – Cambodia transport services upon the validity of the decision on revocation.

Article 17. Extension for the permit and the stay period for Cambodian vehicles in Vietnam

1. Entities eligible for extension: each Cambodian vehicle whose license/permit expires or the stay period in Vietnam expires with valid reasons (natural disaster, accident, breakdown) shall be grant an extension, each extension shall not exceed 10 days from the expired day of the stay period.

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3. The application for extension includes: a permit (original), a vehicle registration certificate (certified true copy or a copy together with original for comparison); and an application for extension using the form prescribed in Appendix 8 issued herewith.

4. Processing of application

a) Each applicant shall directly submit an application to the Service of Transport where the breakdown occurs;

b) Within 1 working day, from the date on which the satisfactory application is received, the Service of Transport shall grant an extension for the permit. If the application is rejected, they must provide explanation in writing.

Chapter V

SCHEDULED PASSENGER TRANSPORT ROUTES USING CARS BETWEEN VIETNAM AND CAMBODIA

Article 18. Registration for scheduled passenger transport routes

1. Each enterprise/cooperatives eligible for provision of transport service by cars as prescribed may register for scheduled passenger transport routes by cars between Vietnam and Cambodia (hereinafter referred to as transport routes).

2. The documents on registration of transport routes include:

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b) A certified true copy or a copy and an original for comparison of the vehicle registration certificate and the finance lease agreement concluded with the lessor if the vehicle is not owned by the transport enterprise/cooperatives. If the vehicle owned by a member of the cooperatives, it requires a vehicle registration certificate and a service contract concluded between the member and the cooperatives, which clarifies rights and obligations of the cooperatives in terms of management, use and administration of the vehicle;

c) A plan for services provided on the transport routes as prescribed in Appendix 10 issued herewith.

3. Processing of registration:

a) The enterprise/cooperatives shall submit a registration to the authority in charge of the transport routes (hereinafter referred to as the transport route authority). If the registration needs amendments, the transport route authority shall directly notify (for registration directly submitted) or send notification of contents that need amendments to the enterprise/cooperatives within 2 working days, from the date on which the registration is received;

b) Within 2 working days, from the date on which the satisfactory application is received, the transport route authority shall issue an approval for registered transport routes. If the application is rejected, they must provide explanation in writing;

c) The application shall be received and the results shall be provided at the head office of the licensing authority by post or other methods.

4. The approval for registered transport routes shall be valid from the day on which it is signed. Its validity period shall be the same with that of the license. After 60 days, from the date on which the approval is issued, if the enterprise/cooperatives fail to provide transport services on the registered routes, the approval shall be invalid. The form of the approval shall be prescribed in Appendix 11 issued herewith.

5. A transport route must have the departure terminal and the arrival terminal (within Vietnam’s territory) which are categorized from class 1 to class 4 or class 5 in a poor district as prescribed by the Government.

6. Each vehicle driving on registered transport routes requires a transport order. Each transport order shall be issued to every departure and arrival journey (if the journey takes several days) or issued daily (if there are several journey per day). The form of transport order shall be made by the enterprise/cooperatives as prescribed in Appendix 12 issued herewith. The transport order shall be numbered in years.

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Article 19. Addition and replacement of vehicles on transport routes

1. Each enterprise/cooperatives operating on the registered transport routes is entitled to add or replace their vehicles.

2. The application for addition of vehicles shall be prescribed in Clause 2 Article 18 of this Circular.

3. The application for replacement of vehicles shall be prescribed in Points a and b Clause 2 Article 18 of this Circular.

4. Procedures for processing of application and validity of the approval for addition and replacement of vehicles, transport order and approving agency of addition or replacement of vehicles as prescribed in Clauses 3, 4 and 7 Article 18 of this Circular. The approval form for addition or replacement of vehicles operating on transport routes shall be prescribed in Appendix 13 issued herewith.

Article 20. Suspension of operation on transport routes, adjustment to frequency of vehicles on transport routes

1. Suspension of operation on transport routes.

a) Any enterprise/cooperatives that wish to suspend operation on transport routes shall submit a notification using the form prescribed in Appendix 14 issued herewith to the transport route authority before 15 days.

b) Within 2 working days, from the date on which the request for suspension of operation on transport routes, the transport route authority shall issue an approval for suspension of operation on transport routes as prescribed in Appendix 15 issued herewith and notify other enterprises/cooperatives to register for operation;

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2. Adjustment to frequency of the vehicles on transport routes

a) Within 10 days before the adjustment is conduced, the enterprise/cooperatives must send notification using the form prescribed in Appendix 16 issued herewith to the transport route authority;

b) Within 02 days from the date on which the request is received, the transport route authority shall issue the approval for adjustment to frequency of vehicles on transport routes using the form prescribed in Appendix 17 issued herewith;

c) Within 3 days before the adjustment is conducted, the terminal must publish the adjustment;

d) Within 5 working days from the date on which an automobile stop operating on the transport routes, the enterprise/cooperatives must return the national distinguishing sign and the permit to Directorate for Roads of Vietnam.

Chapter VI

IMPLEMENTATION

Article 21. Reporting

At least every January 20 and July 20, each enterprise/cooperatives shall send reports on Vietnam – Cambodia transport operation in the first 6 months and the full year to Directorate for Roads of Vietnam and the Services of Transport of the province. The form of results of passenger transport operation shall be prescribed in Appendix 18 issued herewith; the form of results of good transport operation shall be prescribed in Appendix 19 issued herewith.

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1. Directorate for Roads of Vietnam

a) Manage and provide guidelines for vehicles traveling through road borders between Vietnam and Cambodia;

b) Take charge and cooperate with relevant agencies in inspection and actions against commercial vehicles and non-commercial vehicles of Vietnam and Cambodia traveling through borders between both Parties;

c) Implement national single-window system in administrative procedures;

d) Notify Directorate of Transport of Cambodia and relevant authorities of a list of vehicles holding Vietnam – Cambodia cross-border road transport permits;

dd) Design, run and provide guidance on application of software of management of road transport operation between Vietnam and Cambodia;

e) Announce on the website of the Directorate: the list of enterprises/cooperatives holding Vietnam – Cambodia international road transport licenses; number of the permits being issued and revoked; the list and the documents’ number received, and types of transport applied for issuance of the permits;

d) Cooperate with relevant agencies in holding of annual meeting with participation of Directorate of Transport of Cambodia and relevant authorities of Cambodia to discuss about the road transport activities between both Parties;

h) Print and issue national distinguishing sign of Vietnam, Vietnam – Cambodia international road transport licenses, Vietnam – Cambodia cross-border road transport permits, and form of List of passengers;

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k) Send biannual, annual and irregular reports to the Ministry of Transport and issue the permits and the licenses.

2. Services of Transport of central-affiliated cities and provinces

a) Propagate to relevant organizations or individuals in the provinces to implement this Circular;

b) Manage the international road transport activities between Vietnam and Cambodia in the provinces within their competence;

c) Send biannual and annual reports to Directorate for Roads of Vietnam on organization and management of transport operation. The forms of reports shall be prescribed in Appendix 20 issued herewith.

3. The difficulties that arise during the implementation must be reported to Directorate for Roads of Vietnam for consideration. In case of ultra vires, Directorate for Roads of Vietnam shall send reports to the Ministry of Transport for consideration.

Article 23. Effect

1. This Circular comes into force from December 1, 2015.

2. This Circular replaces Circular No. 10/2006/TT-BGTVT dated November 1, 2006 on guidelines for the Agreement and the Protocol; Circular No. 18/2010/TT-BGTVT dated July 7, 2010 on guidelines for the Agreement and the Protocol.

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Article 24. Implementation

The Chief officers, the Chief Inspector, Directors, Director General of Directorate for Roads of Vietnam, Directors of Services of Transport of central-affiliated cities and provinces, and relevant agencies, organizations, and individuals shall implement this Circular./.

MINISTER




Dinh La Thang