Nghị định 119/2021/NĐ-CP trình tự cấp thu hồi giấy phép vận tải đường bộ qua biên giới

DECREE

ON PROCEDURES FOR ISSUANCE, RE-ISSUANCE, WITHDRAWAL OF CROSS-BORDER ROAD TRANSPORT PERMITS

Pursuant to the Law on Government organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on Road Traffic dated November 13, 2008;

To implement the ASEAN Framework Agreement on Facilitation of Goods in Transit signed on December 16, 1998;

To implement the ASEAN Framework Agreement on Facilitation of Inter-country Transport signed on December 10, 2009;

To implement the ASEAN Framework Agreement on facilitation of cross-border passenger transport by road vehicles signed on October 13, 2017;

In order to implement the Agreement on Facilitation of the Movement of Goods and Persons Across Borders of the Greater Mekong Subregion, signed on November 26, 1999, as amended on April 30, 2004 and its Annexes, Protocol for the Implementation of the Agreement;

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In order to implement the Agreement on facilitation for road motor vehicles to cross the border between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on April 23, 2009 and the Protocol for the Implementation of the Agreement;

To implement the Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed on June 1, 1999, and the revised Protocol, the Protocol on implementation of the Agreement;

To implement the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic and the Socialist Republic of Vietnam on road transport signed on January 17, 2013;

Upon request of the Minister of Transport;

The Government promulgates a Decree on procedures for issuance, re-issuance and withdrawal of cross-border road transport permits.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree set forth the procedures for issuance, re-issuance and withdrawal of international road transport permits and intermodal transport permits for transport enterprises and vehicles; extension of the circulation time for foreign vehicles in Vietnam participating in the transportation of people and goods between Vietnam and other countries according to the provisions of international treaties on cross-border road transport to which Vietnam is a party.

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This Decree applies to agencies, organizations and individuals involved in cross-border road transport activities between Vietnam and other countries according to the provisions of international treaties to which Vietnam is a party.

This Decree does not apply to entities exempted from permits under the provisions of international treaties on cross-border road transport to which Vietnam is a party.

Article 3. Interpretation of terms

For the purpose of this Decree, terms herein shall be construed as follows:

1. Transport enterprises include: Enterprises and cooperatives engaged in the business of transporting goods and passengers by motor vehicles.

2. Vehicles include: Vehicles include: passenger motor vehicles; cargo motor vehicles; tractors; trailers, semi-trailers towed by motor vehicles; heavy-duty motorcycles.

3. International road transport means the transport of people and goods by road between a point within the Vietnamese territory and a point outside the Vietnamese territory.

4. Commercial vehicle means a vehicle used to transport goods and passengers for commercial purposes.

5. Non-commercial vehicle means a vehicle of organizations and individuals used for non-commercial purposes. Non-commercial vehicles do not apply to motor vehicles of business entities carrying passenger more than 9 seats.

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Article 4. Operational scope of vehicles

1. Vehicles issued with intermodal transport permits operate along the routes and checkpoints specified in the permits. For international road transport between Vietnam and China, vehicles operate according to the routes and checkpoints stated in the International road transport permit between Vietnam and China.

2. The vehicle is not authorized to carry goods or passengers between two points in the territory of another Party; is not authorized to carry goods between points in the territory of the transit country.

Article 5. General provisions on international road transport permits and intermodal transport permits

1. An international road transport permit is granted by a competent authority to a transport enterprise performing international road transport activities. For international road transport between Vietnam and China, an international road transport permit is issued to official vehicles and transport vehicles performing cross-border road transport between Vietnam and China.

2. Intermodal transport permits are granted by competent authorities to vehicles to carry out international road transport activities.

a) An intermodal transport permit is granted to commercial vehicles that are allowed to travel multiple times, each time not exceeding 30 days and valid for one year from the date of issuance. The intermodal transport permit between Vietnam and Laos, granted to vehicles belonging to enterprises serving works and projects executed in the territory of Laos, is valid for 1 year and is not restricted in terms of time for each time, but does not beyond the deadline for finishing works, projects or business activities of enterprises in the territory of Laos.

b) Intermodal transport permits issued to non-commercial vehicles (excluding fire engines, ambulances, rescue vehicles, and humanitarian aid vehicles) that are allowed to travel once and have a valid period of time within 30 days from the date of issue.

3. The term of the intermodal transport permit issued to the vehicle must not exceed the service life of the vehicle.

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PROCEDURES FOR ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS AND ASEAN INTERMODAL TRANSPORT PERMITS

Article 6. Issuance and re-issuance of ASEAN international road transport permits

1. Holders:

An ASEAN international road transport permit is granted to a Vietnamese transport enterprise that conducts ASEAN international road transport activities.

2. Required documents in application: Required documents in application: Application form for the issuance or re-issuance of an ASEAN international road transport permit using Form No. 01, Appendix I of this Decree.

3. Licensing authority: Directorate for Roads of Vietnam.

4. Procedures:

a) The transport enterprise shall submit 01 application for the issuance or re-issuance of an ASEAN international road transport permit to the licensing authority in one of the following forms: in person, online, by post;

b) The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the transport enterprise within 01 working day from the date of receipt of the application;

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d) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

5. In case the ASEAN international road transport permit is damaged or lost, the transport enterprise shall make an application for re-issuance according to the provisions of Clauses 2 and 4 of this Article.

Article 7. Withdrawal of ASEAN International road transport permit

1. The licensing authority shall withdraw the ASEAN international road transport permit when the transport enterprise violates one of the following cases:

a) Perform a type of transport not specified in the ASEAN international road transport permit;

b) The license for automobile transport business is withdrawn by the competent authority;

c) The specialized regulatory agency at the checkpoint requests the withdrawal because of violations related to import and export activities at the checkpoint, regulations on management of activities at the checkpoint area;

d) Terminate operations as prescribed by law.

2. Procedures:

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b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across ASEAN borders and within 15 working days must submit the ASEAN international road transport permit and the entire ASEAN intermodal transport permit to the licensing authority.

Article 8. Issuance and re-issuance of ASEAN intermodal transport permits

1. Holders:

ASEAN intermodal transport permits are issued to vehicles under the lawful use rights of transport enterprises that have been granted ASEAN international road transport permits.

2. Required documents in application:

a) Application form for the issuance or re-issuance of an ASEAN intermodal transport permit using Form No. 03, Appendix I of this Decree;

b) A copy of the automobile registration certificate or a copy of the appointment letter to receive the automobile registration certificate issued by the registration agency or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract.

3. Licensing authority: Directorate for Roads of Vietnam.

4. Procedures:

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b) The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the transport enterprise within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue an ASEAN intermodal transport permit using Form No. 04, Appendix I of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

d) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

5. In case the ASEAN intermodal transport permit is damaged or lost, the transport enterprise shall make an application for re-issuance according to the provisions of Clauses 2 and 4 of this Article.

Article 9. Revocation of ASEAN intermodal transport permits

1. The licensing authority shall withdraw the ASEAN intermodal transport permit when the transport enterprise violates one of the following cases:

a) Fail to comply with the contents stated in the intermodal transport permit when performing ASEAN intermodal transport activities;

b) Fail to carry out ASEAN intermodal transport activities within 3 months from the date of issuance of the intermodal transport permit;

c) Fail to conduct ASEAN intermodal transport from 03 trips or more within a period of 06 consecutive months (a trip refers to both outgoing and return trip);

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dd) Vehicles that have passed the time limit for re-import into Vietnam as prescribed, except in cases of natural disasters, accidents or force majeure reasons.

2. Procedures:

a) The licensing authority shall issue a decision to withdraw the ASEAN intermodal transport permit and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority and simultaneously notify in writing ASEAN Parties for coordination in handling;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across ASEAN borders and within 15 working days must submit the ASEAN intermodal transport permit and the entire ASEAN intermodal transport permit to the licensing authority.

Article 10. Extension of circulation time in Vietnam for vehicles of countries implementing the ASEAN framework agreements on cross-border road transport

1. Holders: Vehicles of countries implementing the ASEAN Framework Agreements on cross-border road transport beyond the time limit for circulation in Vietnam specified in the ASEAN intermodal transport permit in case of force majeure.

2. Extension authority: Departments of Transport, Departments of Transport - Construction in the provinces and central-affiliated cities where the vehicle encounters force majeure events.

3. Required documents in application:

a) A written request for extension, using Form No. 05, Appendix I of this Decree;

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4. Procedures:

a) Submit 01 set of application in person to the competent authority where the vehicle encounters a force majeure incident;

b) Within 02 working days from the date of receipt of complete and valid application as prescribed, the competent authority shall extend the circulation time for the vehicle of the country implementing the ASEAN framework agreements on cross-border road transport. In case of refusal, competent authority shall provide explanation in writing.

Chapter III

PROCEDURES FOR ISSUANCE, REISSUANCE, WITHDRAWAL OF GMS INTERNATIONAL ROAD TRANSPORT PERMITS AND GMS INTERMODAL TRANSPORT PERMITS

Article 11. Issuance and re-issuance of GMS international road transport permits

1. Holders: An GMS international road transport permit is granted to a Vietnamese transport enterprise that conducts GMS international road transport activities.

2. Required documents in application: Required documents in application: Application form for the issuance or re-issuance of an GMS international road transport permit using Form No. 01, Appendix II of this Decree.

3. Licensing authority: Directorate for Roads of Vietnam.

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a) The transport enterprise shall submit 01 application for the issuance or re-issuance of a GMS international road transport permit to the licensing authority in one of the following forms: in person, online, by post;

b) The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the transport enterprise within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue a GMS international road transport permit using Form No. 02, Appendix II of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

d) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

5. In case the GMS international road transport permit is damaged or lost, the transport enterprise shall make an application for re-issuance according to the provisions of Clauses 2 and 4 of this Article.

Article 12. Withdrawal of GMS international road transport permit

1. The licensing authority shall withdraw the GMS international road transport permit when the transport enterprise violates one of the following cases:

a) Perform a type of transport not specified in the GMS international road transport permit;

b) The license for automobile transport business is withdrawn by the competent authority;

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d) Terminate operations as prescribed by law.

2. Procedures:

a) The licensing authority shall issue a decision to withdraw the GMS intermodal transport permit and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority and simultaneously notify in writing GMS Parties for coordination in handling;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across GMS borders and within 15 working days must submit to the licensing authority the following: the GMS international road transport permit and the entire GMS intermodal transport permit or transit accompany document (hereinafter referred to as TAD) which have been issued.

Article 13. Issuance and re-issuance of GMS intermodal transport permits or TADs

1. Holders: GMS intermodal transport permits or TADs are issued to vehicles under the lawful use rights of transport enterprises that have been granted GMS international road transport permits.

2. Required documents in application:

a) Application form for the issuance or re-issuance of a GMS intermodal transport permit or TAD using Form No. 03, Appendix II of this Decree;

b) A copy of the automobile registration certificate or a copy of the appointment letter to receive the automobile registration certificate issued by the registration agency or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract.

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4. Procedures:

a) The transport enterprise shall submit 01 application for the issuance of a GMS intermodal transport permit or TAD to the licensing authority in one of the following forms: in person, online, by post;

b) The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the transport enterprise within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue a GMS intermodal transport permit using Form No. 04, Appendix II or TAD using Form No. 05 Appendix II of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

d) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

5. In case the GMS intermodal transport permit or TAD is damaged or lost, the transport enterprise shall make an application for re-issuance of permit or TAD according to the provisions of Clauses 2 and 4 of this Article.

Article 14. Withdrawal of GMS intermodal transport permit or TAD

1. The licensing authority shall withdraw the GMS intermodal transport permit or TAD when the transport enterprise violates one of the following cases:

a) Fail to comply with the contents stated in the intermodal transport permit or TAD when performing GMS intermodal transport activities;

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c) Fail to conduct GMS intermodal transport from 03 trips or more within a period of 06 consecutive months (a trip refers to both outgoing and return trip);

d) The license for transport business by automobile or the GMS international road transport permit is withdrawn by the competent authority;

dd) Vehicles that have passed the time limit for re-import into Vietnam as prescribed, except in cases of natural disasters, accidents or force majeure reasons.

2. Procedures:

a) The licensing authority shall issue a decision to withdraw the GMS intermodal transport permit or TAD and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority and simultaneously notify in writing GMS Parties for coordination in handling;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across GMS borders and within 15 working days must submit the GMS intermodal transport permit or TAD to the licensing authority.

Article 10. Extension of circulation time in Vietnam for vehicles of countries implementing the GMS agreement

1. Holders: Vehicles of countries implementing the GMS agreement beyond the time limit for circulation in Vietnam specified in the GMS intermodal transport permit or TAD in case of force majeure.

2. Extension authority: Departments of Transport, Departments of Transport - Construction in the provinces and central-affiliated cities where the vehicle encounters force majeure events.

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a) A written request for extension, using Form No. 06, Appendix II of this Decree;

b) GMS intermodal transport permit or TAD (original).

4. Procedures:

a) Submit 01 set of application in person to the competent authority where the vehicle encounters a force majeure incident;

b) Within 02 working days from the date of receipt of complete and valid application as prescribed, the competent authority shall extend the circulation time for the vehicle of the country implementing the GMS agreement. In case of refusal, competent authority shall provide explanation in writing.

Chapter IV

PROCEDURES FOR ISSUANCE, RE-ISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS BETWEEN VIETNAM AND CHINA

Article 16. International road transport permits between Vietnam and China

An international road transport permit between Vietnam and China is a permit specified in the Protocol between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China on the implementation of The Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China signed on October 11, 2011 includes:

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2. Type B transport permit: to be issued to means of passenger transport (including tourists) non-periodically and valid for one time a year (outgoing and return trip), applicable to means of transport on routes between border regions of the two countries and official vehicles.

3. Type C transport permit: to be issued to means of goods transport valid for one time a year (outgoing and return trip), applicable to means of transport on routes between border regions of the two countries.

4. Type D transport permit: To be issued to means of transport of dangerous goods and oversize load goods, valid once a year (outgoing and return trip).

5. Type E transport permit: to be issued to means of passenger transport (including tourists) periodically and valid for multiple times a year, applicable to means of transport on inner routes of the two countries.

6. Type F transport permit: to be issued to means of passenger transport (including tourists) non-periodically and valid for one time a year (outgoing and return trip), applicable to means of transport on inner routes of the two countries and official vehicles.

7. Type G transport permit: to be issued to means of goods transport valid for one time a year (outgoing and return trip), applicable to means of transport on inner routes of the two countries.

Article 17. Issuance and re-issuance of international road transport permits between Vietnam and China, types A, B, C, E, F, G for Vietnamese vehicles

1. Holders: Type A, B, C, E, F, G transport permits are granted to vehicles of Vietnamese transport enterprises and official vehicles.

2. Required documents in an application for issuance or re-issuance of a permit for commercial vehicle include:

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b) A copy of the automobile registration certificate or a copy of the appointment letter to receive the automobile registration certificate issued by the registration agency or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract.

3. Required documents in an application for issuance or re-issuance of a permit for official vehicle include:

a) An application form for the issuance or re-issuance of the permit using Form No. 02, Appendix III of this Decree;

b) A copy of automobile registration certificate;

c) A copy of the invitation letter from the Chinese side, clearly stating the route, checkpoint and invitation time (in case the original is not in Vietnamese or English, the Vietnamese or English translation must be attached);

d) A copy of the competent authority's decision on assignment for a business trip.

4. Licensing authority:

a) Directorate for Roads of Vietnam shall issue: Type E transport permits; Type F, G transport permits for the first time in a year (the year is counted from January 1 to December 31);

b) Departments of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh and Lao Cai Departments of Transport and Construction shall issue: Type A, B, and C transport permits; Type F, G transport permits for the second time in a year.

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a) The organization, individual or transport enterprise shall submit 01 set of application to the licensing authority. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the organization, individual, transport enterprise within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue a permit using Forms No. 03, 04, 05, 07, 08, 09 Appendix III of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

c) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed;

After granting transport permits of type F and G for the first time in a year, the Directorate for Roads of Vietnam shall notify the list of licensed means of transport to the Departments of Transport and the Department of Transport and Construction of the provinces mentioned in Clause 4 of this Article.

6. Procedures for issuing type F, G transport permits for the second time onward in a year:

a) The driver or employee of a transport enterprise that has been granted a permit for the first time presents the certificate of vehicle registration to the Department of Transport, the Department of Transport and Construction of the provinces mentioned in Clause 4 of this Article;

b) Based on the list of means of transport that have been licensed for the first time, the Department of Transport and the Department of Transport and Construction of the provinces mentioned in Clause 4 of this Article shall issue a transport permit of type F or G for the second time onwards in the year.

7. In case a transport permit of types A, B, C, E, F, G for Vietnamese vehicle is expired, damaged or lost, the transport enterprise shall make an application for re-issuance of the permit according to the provisions of Clauses 2, 3, 5 and 6 of this Article.

Article 18. Letter of referral for issuance of international road transport permits between Vietnam and China, type D for Vietnamese vehicles

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2. Required documents in application for letter of referral:

a) A written request, using Form No. 10, Appendix III of this Decree;

b) A permit to transport oversize load or dangerous goods, issued by a competent Vietnamese authority (copy).

3. Referring agency: Directorate for Roads of Vietnam.

4. Procedures:

a) The transport enterprise shall submit 01 set of application to the referring agency. The referring agency receives and verifies the application. In case of receiving application in person at the referring authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of Directorate for Roads of Vietnam. In case the application needs to be amended, the referring authority shall notify in person or in writing or through the online public service system of the insufficient contents or those need amendments within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the Directorate for Roads of Vietnam refers the transport enterprise to the competent authority of the Chinese side. In case of refusal, the referring authority shall notify in writing or through the online public service system, clearly stating the reason;

c) The return of processing results is done at the head office of the referring authority or by post or online as prescribed.

Article 19. Issuance of international road transport permits between Vietnam and China, type D for Chinese vehicles

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2. Required documents in application:

a) Application form for the issuance of the type D transport permit using Form No. 11, Appendix III of this Decree;

b) Letter of referral from a competent authority of the Chinese side (a copy enclosed with certified translations of papers and documents from Chinese to Vietnamese or English in case the original is not bilingual in Vietnamese and Chinese or Chinese and English);

c) A permit to transport oversize load or dangerous goods, issued by a competent Vietnamese authority (copy);

d) Letter of referral from a competent authority of the Chinese side (a copy enclosed with certified translations of papers and documents from Chinese to Vietnamese or English in case the original is not bilingual in Vietnamese and Chinese or Chinese and English);

dd) Letter of referral from a competent authority of the Chinese side (a copy enclosed with certified translations of papers and documents from Chinese to Vietnamese or English in case the original is not bilingual in Vietnamese and Chinese or Chinese and English);

3. Licensing authority: Directorate for Roads of Vietnam.

4. Procedures:

a) Organizations, individuals and transport enterprises shall submit 01 set of application to the licensing authority. The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of Directorate for Roads of Vietnam. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the organization, individual, transport enterprise within 01 working day from the date of receipt of the application;

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c) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

Article 20. Withdrawal of international road transport permits between Vietnam and China

1. The licensing authority shall withdraw the international road transport permit between Vietnam and China when the transport enterprise violates one of the following cases:

a) Fail to comply with the contents stated in the intermodal transport permit when performing transport activities between Vietnam and China;

b) The license for transport business by automobile or the international road transport permit between Vietnam and China is withdrawn by the competent authority;

c) Vehicles that have passed the time limit for re-import into Vietnam as prescribed, except in cases of natural disasters, accidents or force majeure reasons.

2. Procedures:

a) The licensing authority shall issue a decision to withdraw the international road transport permit between Vietnam and China and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority and simultaneously notify in writing the competent authority of Chinese side for coordination in handling;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across the borders and within 15 working days must submit the international road transport permit between Vietnam and China to the licensing authority.

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1. Holders: Chinese vehicles beyond the time limit for circulation in Vietnam specified in the international road transport permit between Vietnam and China, if there is a good reason, may be extended once for a period of no more than 10 days.

2. Extension authority: Departments of Transport, Departments of Transport - Construction in the provinces and central-affiliated cities where the vehicle is circulating.

3. Required documents in application:

a) A written request for extension, using Form No. 12, Appendix III of this Decree;

b) An international road transport permit between Vietnam and China (original).

4. Procedures:

a) Submit 01 set of application in person to the competent authority where the vehicle is circulating;

b) Within 02 working days from the date of receipt of complete and valid application as prescribed, the competent authority shall extend the circulation time for the Chinese vehicle. In case of refusal, competent authority shall provide explanation in writing.

Article 22. Procedures for registration, cessation of route operation, addition or replacement of means of scheduled passenger transport between Vietnam and China

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Transport enterprises that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam and China.

2. Required documents in the application for registration of operation of a scheduled passenger transport route between Vietnam and China:

a) An application form for registration of scheduled passenger transport routes between Vietnam and China, using Form No. 13, Appendix III of this Decree;

b) A copy of the automobile registration certificate or a copy of the appointment letter for the receipt of the automobile registration certificate from the registration authority or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract;

c) Plan to operate the scheduled passenger transport route between Vietnam and China according to Form No. 14, Appendix III of this Decree.

3. Transport route authority:

a) The Directorate for Roads of Vietnam shall announce the operation of scheduled passenger transport routes between Vietnam and China for routes inner the territories of the two countries;

b) The Department of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh and the Department of Transport and Construction of Lao Cai announce the operation of scheduled passenger transport routes between the border areas of Vietnam and China.

4. Procedures for registration to operate the scheduled passenger transport route between Vietnam and China:

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b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the transport route authority shall issue a written notice of operation of the scheduled passenger transport route between Vietnam and China according to Form No. 15 Appendix III of this Decree. In case of refusal, the transport route authority shall notify in writing or through the online public service system, clearly stating the reason;

c) The return of processing results is done at the head office of the referring authority or by post or online as prescribed.

5. Addition or replacement of vehicles for scheduled passenger transport between Vietnam and China

a) A transport enterprise operating on the route is entitled to supplement or replace vehicles for operation on the route;

b) Application for registration of addition or replacement of vehicles as prescribed in Clause 2 of this Article. A written request, using Form No. 13, Appendix III of this Decree;

c) Procedures for administrative procedures shall comply with the provisions of Clause 4 of this Article.

6. Cessation of route operation, cessation of vehicles for scheduled passenger transport between Vietnam and China:

a) The transport enterprise must send a notice to the transport route authority and the frontline bus station on the Vietnamese side and may stop operating only after posting it at the frontline bus station on the Vietnamese side for at least 10 days;

b) Within 02 working days from the date of receipt of the request, the transport route authority shall make a public announcement for other transport enterprises to register for operation.

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Chapter V

PROCEDURES FOR ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS AND INTERMODAL TRANSPORT PERMITS BETWEEN VIETNAM AND LAOS

Article 23. Issuance and re-issuance of international road transport permits between Vietnam and Laos

1. Holders: An international road transport permit between Vietnam and China is issued to a transport enterprise of Vietnam which meets the requirements in Article 19 of the Protocol on the implementation of the Agreement on facilitation of transport road motor vehicles crossing the border between the Government of the Socialist Republic of Vietnam and the Government of Lao People's Democratic Republic.

2. Required documents in application:

a) Application form for the issuance or re-issuance of an international road transport permit between Vietnam and Laos using Form No. 01, Appendix IV of this Decree;

b) Transport business plan according to Form No. 02, Appendix IV of this Decree.

3. Licensing authority: Directorate for Roads of Vietnam, Department of Transport, Department of Transport - Construction of provinces and central-affiliated cities.

4. Procedures:

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b) The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the transport enterprise within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue an international road transport permit between Vietnam and Laos using Form No. 03, Appendix IV of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

d) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

5. In case the international road transport permit between Vietnam and Laos is damaged or lost, the transport enterprise shall make an application for re-issuance according to the provisions of Clauses 2 and 4 of this Article.

Article 24. Withdrawal of international road transport permits between Vietnam and Laos

1. The licensing authority shall withdraw the international road transport permits between Vietnam and Laos when the transport enterprise violates one of the following cases:

a) Perform a type of transport not specified in the international road transport permits between Vietnam and Laos;

b) The license for automobile transport business is withdrawn by the competent authority;

c) The specialized regulatory agency at the checkpoint requests the withdrawal because of violations related to import and export activities at the checkpoint, regulations on management of activities at the checkpoint area;

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2. Procedures:

a) The licensing authority shall issue a decision to withdraw the international road transport permit between Vietnam and Laos and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across borders and within 15 working days must submit to the licensing authority the following: the international road transport permit between Vietnam and Laos, the entire international road transport permit between Vietnam and Laos that have been issued.

Article 25. Issuance and re-issuance of c

1. Holders:

Intermodal transport permits between Vietnam and Laos are granted to vehicles of organizations and individuals that meet the conditions prescribed by law on road transport activities between Vietnam and Laos and the provisions of the Protocol on implementation of the Agreement on facilitation of transport for road motor vehicles to cross the border between Vietnam and Laos.

2. Required documents in an application for issuance or re-issuance of a permit for commercial vehicle include:

a) Application form for the issuance or re-issuance of the permit using Form No. 04, Appendix IV of this Decree;

b) A copy of the automobile registration certificate or a copy of the appointment letter for the receipt of the automobile registration certificate from the registration authority or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract;

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3. Required documents in the application for issuance and re-issuance of permit for non-commercial vehicles and means serving works, projects or business activities of enterprises in the territory of Laos:

a) Application form for the issuance or re-issuance of the permit using Form No. 05, Appendix IV of this Decree;

b) A copy of the certificate of registration of cars under the right of use of organizations or individuals;

c) A copy of the competent agency's decision on assignment for business trip (for official vehicles and vehicles of diplomatic missions or international organizations on business trips);

d) A copy of the contract or document proving that the applicant is carrying out works, projects or doing business in the territory of Laos (if the applicant is serving works, projects or business activities in the territory of Laos).

4. Licensing authority:

a) The Directorate for Roads of Vietnam issues intermodal transport permits between Vietnam and Laos to vehicles of agencies of the Party, National Assembly, Government, ministries, ministerial-level agencies, agencies of ministries, and agencies of central political and social organizations, diplomatic missions, and representative offices of international organizations in Vietnam; other agencies, organizations and individuals who seek the issuance of permits from the Directorate for Roads of Vietnam;

b) The Departments of Transport and the Departments of Transport and Construction of the provinces and central-affiliated cities shall issue intermodal transport permits between Vietnam and Laos to vehicles of agencies, organizations, individuals and transport enterprises in the provinces/cities;

c) The Department of Transport of the province/city where there is a border checkpoint with Laos, shall issue permits to non-commercial vehicles of organizations and individuals located in other provinces of Vietnam to pass through the border checkpoints in their respective province/city.

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a) Organizations, individuals and transport enterprises shall submit 01 set of application to the licensing authority. The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the organization, individual, transport enterprise within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue an intermodal transport permit between Vietnam and Laos using Form No. 06, Appendix IV of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

c) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

6. In case the intermodal transport permit between Vietnam and Laos is damaged or lost, the transport enterprise shall make an application for re-issuance according to the provisions of Clauses 2, 3 and 5 of this Article.

Article 26. Withdrawal of intermodal transport permit between Vietnam and Laos

1. The licensing authority shall withdraw the intermodal transport permit between Vietnam and Laos when the transport enterprise violates one of the following cases:

a) Fail to comply with the contents stated in the intermodal transport permit when performing intermodal transport activities between Vietnam and Laos;

b) The license for transport business by automobile or the international road transport permit between Vietnam and Laos is withdrawn by the competent authority;

c) Vehicles that have passed the time limit for re-import into Vietnam as prescribed, except in cases of natural disasters, accidents or force majeure reasons.

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a) The licensing authority shall issue a decision to withdraw the intermodal transport permit between Vietnam and Laos and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across the borders and within 15 working days must submit the intermodal transport permit between Vietnam and China to the licensing authority.

Article 10. Extension of circulation time in Vietnam for Laos vehicles

1. Holders: Laos vehicles beyond the time limit for circulation in Vietnam specified in the intermodal transport permit due to force majeure may have the circulation time extended for no more than 10 days.

2. Extension authority: Departments of Transport, Departments of Transport - Construction in the provinces and central-affiliated cities where the vehicle encounters force majeure events.

3. Required documents in application:

a) A written request for extension, using Form No. 07, Appendix IV of this Decree;

b) Intermodal transport permit between Vietnam and Laos (original).

4. Procedures:

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b) Within 02 working days from the date of receipt of complete and valid application as prescribed, the competent authority shall extend the circulation time for the Laos vehicle. The competent authority shall give the extension in a separate document or in the intermodal transport permit. In case of refusal, competent authority shall provide explanation in writing.

Article 28. Procedures for registration, cessation of route operation, addition, replacement, adjustment of driving frequency on scheduled passenger transport routes between Vietnam and Laos

1. Applicants for registration to operate the scheduled passenger transport route between Vietnam and Laos: Transport enterprises that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam and Laos.

2. Required documents in application for registration to operate the scheduled passenger transport route between Vietnam and Laos:

a) An application form for registration of scheduled passenger transport routes between Vietnam and Laos, using Form No. 08, Appendix IV of this Decree;

b) A copy of the automobile registration certificate or a copy of the appointment letter for the receipt of the automobile registration certificate from the registration authority or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract;

c) Plan to operate the scheduled passenger transport route between Vietnam and Laos according to Form No. 09, Appendix IV of this Decree.

3. Transport route authority: Directorate for Roads of Vietnam.

4. Procedures:

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b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the competent authority shall issue a written notice of operation of the scheduled passenger transport route between Vietnam and Laos according to Form No. 10 Appendix IV of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

c) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

5. The written notice of route operation expires in case the transport enterprise fails to put the vehicle into operation within 60 days from the effective date.

6. A scheduled passenger transport route between Vietnam and Laos must start and end in the Vietnamese territory, at a bus station of class 01 to class 04 or a bus station of class 05 in the poor district according to regulations of the Government.

7. Vehicles operating scheduled passenger transport routes between Vietnam and Laos must have a transport order. A transport order is issued for each outgoing and return trip (in case the trip is made in many days), or on daily basis (in case of multiple trips in a day). Transport orders are issued by the transport enterprise according to Form No. 11 Appendix IV of this Decree and must be numbered by year for management.

8. Addition or replacement of vehicles for scheduled passenger transport

a) A transport enterprise operating on the route is entitled to supplement or replace vehicles;

b) Application for registration of addition or replacement of vehicles as prescribed in Clause 2 of this Article. A written request, using Form No. 08, Appendix IV of this Decree;

c) Procedures shall comply with the provisions of Clause 4 of this Article.

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a) In seeking cessation of route operation, cessation of vehicles operating on the route, the transport enterprise shall notify in writing according to Form No. 12, Appendix IV of this Decree to the competent authority or the frontline station on the Vietnamese side and return the notices of route operation and the intermodal transport permits of the vehicles that have stopped operating to the competent authority.

The transport enterprise is only allowed to stop operating the route or stop the vehicle operating on the route after it has posted at the frontline bus station in Vietnamese side for at least 10 days;

b) Within 02 working days from the date of receipt of the request, the transport route authority shall make a notice of cessation of route operation using Form No. 13 of Appendix IV of this Decree and make a public announcement for other transport enterprises to register for operation.

10. Adjusting the frequency of vehicle operation on the route

a) At least 10 days before adjusting the frequency of vehicle operation on the route, the transport enterprise must notify in writing according to Form No. 14, Appendix IV of this Decree to the competent authority, the frontline bus station in the Vietnamese side;

b) Within 02 working days from the date of receiving the written request, the competent authority shall notify the adjustment of frequency of vehicle operation on the route according to Form No. 15, Appendix IV of this Decree.

Chapter VI

PROCEDURES FOR ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS AND INTERMODAL TRANSPORT PERMITS BETWEEN VIETNAM AND CAMBODIA

Article 29. Issuance and re-issuance of international road transport permits between Vietnam and Cambodia

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2. Required documents in application:

a) Application form for the issuance or re-issuance of an international road transport permit between Vietnam and Cambodia using Form No. 01, Appendix V of this Decree;

b) Transport business plan according to Form No. 02, Appendix V of this Decree.

3. Licensing authority: Directorate for Roads of Vietnam.

4. Procedures:

a) The transport enterprise shall submit 01 application for the issuance or re-issuance of an international road transport permit between Vietnam and Cambodia to the licensing authority in one of the following forms: in person, online, by post;

b) The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of Directorate for Roads of Vietnam. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the transport enterprise within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue an international road transport permit between Vietnam and Cambodia using Form No. 03, Appendix V of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

d) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

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Article 30. Withdrawal of international road transport permits between Vietnam and Cambodia

1. The licensing authority shall withdraw the international road transport permits between Vietnam and Cambodia when the transport enterprise violates one of the following cases:

a) Perform a type of transport not specified in the international road transport permits between Vietnam and Cambodia;

b) The license for automobile transport business is withdrawn by the competent authority;

c) The specialized regulatory agency at the checkpoint requests the withdrawal because of violations related to import and export activities at the checkpoint, regulations on management of activities at the checkpoint area;

d) Terminate operations as prescribed by law.

2. Procedures:

a) The licensing authority shall issue a decision to withdraw the international road transport permit between Vietnam and Cambodia and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority and simultaneously notify in writing the competent authority of Cambodia side for coordination in handling;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across borders and within 15 working days must submit to the licensing authority the following: the international road transport permit between Vietnam and Cambodia, the entire international road transport permit between Vietnam and Cambodia that have been issued.

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1. Holders: Intermodal transport permits between Vietnam and Cambodia are granted to vehicles of organizations and individuals, transport enterprises that meet the conditions prescribed by law on road transport activities between Vietnam and Cambodia.

2. Required documents in an application for issuance or re-issuance of a permit for commercial vehicle include:

a) Application form for the issuance or re-issuance of the permit using Form No. 04, Appendix V of this Decree;

b) A copy of the automobile registration certificate or a copy of the appointment letter for the receipt of the automobile registration certificate from the registration authority or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract;

c) A copy of the written notice of route operation, the document of replacement or addition of vehicles of the route management agency, and the contract to pick up and drop off passengers at the bus station in Vietnam and the passenger bus station or other places to pick up and drop off passengers in Cambodia (for vehicles operating on scheduled passenger transport routes between Vietnam and Cambodia).

3. Required documents in an application for issuance or re-issuance of a permit for non-commercial vehicle include:

a) Application form for the issuance or re-issuance of the permit using Form No. 05, Appendix V of this Decree;

b) A copy of the automobile registration certificate or a copy of the appointment letter for the receipt of the automobile registration certificate from the registration authority or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the organization or individual, an additional copy of the vehicle rental contract must be presented;

c) A copy of the competent agency's decision on assignment for business trip, for official vehicles.

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a) Commercial vehicles;

b) Non-commercial vehicles of central agencies of the Party, National Assembly and Government; Ministries, ministerial-level agencies, Governmental agencies, ministries' agencies, diplomatic missions, government organizations, socio-political organizations, mass organizations, and central public sector entities.

5. The Departments of Transport of provinces and central-affiliated cities shall issue intermodal transport permits to vehicles of agencies, organizations, individuals and transport enterprises in the provinces/cities.

6. The Department of Transport of the province/city where there is a border checkpoint with Cambodia, shall issue permits to non-commercial vehicles of organizations and individuals located in other provinces of Vietnam to pass through the border checkpoints in their respective province/city.

7. Procedures:

a) Organizations, individuals and transport enterprises shall submit 01 set of application to the licensing authority. The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the organization, individual, transport enterprise within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue a permit using Form No. 06 (for commercial vehicles) and Form No. 07 (for non-commercial vehicles) of Appendix V of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

c) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

8. In case the intermodal transport permit between Vietnam and Cambodia is damaged or lost, the organization, individual, transport enterprise shall make an application for re-issuance of permit according to the provisions of Clauses 2, 3 and 7 of this Article.

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1. The licensing authority shall withdraw the intermodal transport permit between Vietnam and Cambodia when the transport enterprise violates one of the following cases:

a) Fail to comply with the contents stated in the intermodal transport permit when performing intermodal transport activities between Vietnam and Cambodia;

b) Fail to carry out intermodal transport activities between Vietnam and Cambodia within 3 months from the date of issuance of the intermodal transport permit;

c) Fail to conduct intermodal transport activities between Vietnam and Cambodia from 03 trips or more within a period of 06 consecutive months (a trip refers to both outgoing and return trip);

d) The license for transport business by automobile or the international road transport permit between Vietnam and Cambodia is withdrawn by the competent authority;

dd) Vehicles that have passed the time limit for re-import into Vietnam as prescribed, except in cases of natural disasters, accidents or force majeure reasons.

2. Procedures:

a) The licensing authority shall issue a decision to withdraw the intermodal transport permit between Vietnam and Cambodia and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across the borders and within 15 working days must submit the intermodal transport permit between Vietnam and Cambodia to the licensing authority.

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1. Holders: Cambodia’s vehicles beyond the time limit for circulation in Vietnam specified in the intermodal transport permit due to force majeure may have the circulation time extended for no more than 10 days.

2. Extension authority: Departments of Transport, Departments of Transport - Construction in the provinces and central-affiliated cities where the vehicle encounters force majeure events.

3. Required documents in application:

a) A written request for extension, using Form No. 08, Appendix V of this Decree;

b) Intermodal transport permit between Vietnam and Cambodia (original).

4. Procedures:

a) Submit 01 set of application in person to the competent authority where the vehicle encounters a force majeure incident;

b) Within 02 working days from the date of receipt of complete and valid application as prescribed, the competent authority shall extend the circulation time for the Cambodia’s vehicle. The competent authority shall give the extension in a separate document or in the intermodal transport permit. In case of refusal, competent authority shall provide explanation in writing.

Article 34. Procedures for registration, cessation of route operation, addition or replacement of means of scheduled passenger transport between Vietnam and Cambodia

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Transport enterprises that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam and Cambodia.

2. Applicants for registration to operate the scheduled passenger transport route between Vietnam and Cambodia:

a) An application form for registration of scheduled passenger transport routes between Vietnam and Cambodia, using Form No. 09, Appendix V of this Decree;

b) A copy of the automobile registration certificate or a copy of the appointment letter for the receipt of the automobile registration certificate from the registration authority or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract;

c) Plan to operate the scheduled passenger transport route between Vietnam and Cambodia according to Form No. 10, Appendix V of this Decree.

3. Transport route authority: Directorate for Roads of Vietnam.

4. Procedures for registration to operate the scheduled passenger transport route between Vietnam and Cambodia:

a) The transport enterprise shall submit 01 application in one of the following forms: in person, online, by post to the competent authority. After receiving and checking the application, the receiving officer shall update the information of the application in accordance with regulations into the online public service system of the Directorate for Roads of Vietnam. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the organization, individual, transport enterprise within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the transport route authority shall issue a written notice of operation of the scheduled passenger transport route between Vietnam and Cambodia according to Form No. 11 Appendix V of this Decree. In case of refusal, the transport route authority shall notify in writing or through the online public service system, clearly stating the reason;

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5. The written notice of route operation expires in case the transport enterprise fails to put the vehicle into operation within 60 days from the effective date.

6. A scheduled passenger transport route between Vietnam and Cambodia must start and end in the Vietnamese territory, at a bus station of class 01 to class 04 or a bus station of class 05 in the poor district according to regulations of the Government.

7. Vehicles operating scheduled passenger transport routes between Vietnam and Cambodia must have a transport order. A transport order is issued for each outgoing and return trip (in case the trip is made in many days), or on daily basis (in case of multiple trips in a day). The transportation order is printed by the transport enterprise according to Form No. 12, Appendix V of this Decree. The transport order must be numbered by year for management.

8. Addition or replacement of vehicles for scheduled passenger transport

a) A transport enterprise operating on the route is entitled to supplement or replace vehicles;

b) Application for registration of addition or replacement of vehicles as prescribed in Clause 2 of this Article A written request, using Form No. 09, Appendix V of this Decree;

c) Procedures for administrative procedures shall comply with the provisions of Clause 4 of this Article.

9. Cessation of route operation, adjustment of frequency of vehicle operation on the scheduled passenger transport route by automobiles between Vietnam and Cambodia:

a) The transport enterprise operating on a scheduled passenger transport route by automobile between Vietnam and Cambodia shall, in seeking operation on the route or cessation of the vehicle, send a written notice according to Form No. 13 Appendix V of this Decree to the competent authority, the frontline bus station on the Vietnamese side and return to the Directorate for Roads of Vietnam the notices of route operation, the intermodal transport permits of the vehicles that have stopped operating on the route;

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b) Within 02 working days from the date of receipt of the request, the competent authority shall make a notice of cessation of route operation using Form No. 14 of Appendix V of this Decree and make a public announcement for other transport enterprises to register for operation.

10. Adjusting the frequency of vehicle operation on the route

a) At least 10 days before adjusting the frequency of vehicle operation on the route, the transport enterprise must send a written notice according to Form No. 15, Appendix IV of this Decree to the competent authority, the frontline bus station in the Vietnamese side;

b) Within 02 working days from the date of receiving the written request, the competent authority shall notify the adjustment of frequency of vehicle operation on the route according to Form No. 16, Appendix V of this Decree.

Chapter VII

PROCEDURES FOR ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERMODAL TRANSPORT PERMITS BETWEEN VIETNAM, LAOS AND CAMBODIA

Article 35. Issuance and re-issuance of intermodal transport permits between Vietnam and Cambodia

1. Holders: Intermodal transport permits between Vietnam, Laos and Cambodia are granted to vehicles of organizations and individuals, transport enterprises that meet the conditions prescribed by law on road transport activities between Vietnam, Laos and Cambodia.

2. Required documents in an application for commercial vehicle include:

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b) A copy of the automobile registration certificate or a copy of the appointment letter for the receipt of the automobile registration certificate from the registration authority or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract;

c) A copy of the written notice of route operation, the document of replacement or addition of vehicles of the route management agency, and the contract to pick up and drop off passengers at the bus station in Vietnam and the passenger bus station or other places to pick up and drop off passengers in Laos, Cambodia (for vehicles operating on scheduled passenger transport routes between Vietnam, Laos and Cambodia).

3. Required documents in an application for non-commercial vehicle include:

a) Application form for the issuance or re-issuance of the permit using Form No. 02, Appendix VI of this Decree;

b) Certificate of vehicle registration (certified copy or a copy enclosed with the original for comparison). In case the vehicle is not owned by an organization or individual, it must be accompanied by documents proving the lawful use right of the organization or individual with that vehicle (certified copy or a copy enclosed with the original for comparison);

c) A certified copy of the contract or document proving that the applicant is carrying out works, projects or doing business in the territory of Laos or Cambodia (if the applicant is serving works, projects or business activities in the territory of Laos or Cambodia).

4. The Directorate for Roads of Vietnam issues permits for the following vehicles:

a) Commercial vehicles, including contract passenger transport vehicles, tourist transport vehicles, and goods transport vehicles;

b) Non-commercial vehicles of organizations and individuals that seek the issuance of permits at the Directorate for Roads of Vietnam.

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6. Department of Transport of the province/city where there is a border checkpoint with Laos and Cambodia according to the Appendix to the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic and the Socialist Republic of Vietnam on road transport and issuance of permits to non-commercial vehicles of organizations and individuals located in other provinces of Vietnam to pass through their local checkpoints.

7. Procedures:

a) Organizations, individuals and transport enterprises shall submit 01 set of application to the licensing authority in one of the following forms: in person, online, by post. The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the organization, individual, transport enterprise within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue an intermodal transport permit using Form No. 03 (for commercial vehicles) and Form No. 04 (for non-commercial vehicles) of Appendix VI of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

c) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

8. In case the intermodal transport permit between Vietnam, Laos and Cambodia is damaged or lost, the organization, individual, transport enterprise shall make an application for re-issuance of permit according to the provisions of Clauses 2, 3 and 7 of this Article.

Article 36. Withdrawal of intermodal transport permit between Vietnam, Laos and Cambodia

1. The licensing authority shall withdraw the intermodal transport permit between Vietnam, Laos and Cambodia when the transport enterprise violates one of the following cases:

a) Fail to comply with the contents stated in the intermodal transport permit when performing intermodal transport activities between Vietnam, Laos and Cambodia;

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c) Fail to conduct transport activities between Vietnam, Laos and Cambodia from 03 trips or more within a period of 06 consecutive months (a trip refers to both outgoing and return trip);

d) Vehicles that have passed the time limit for re-import into Vietnam as prescribed, except in cases of natural disasters, accidents or force majeure reasons;

dd) The license for transport business by automobile or the international road transport permit between Vietnam and Laos or the international road transport permit between Vietnam and Cambodia is withdrawn by the competent authority.

2. Procedures:

a) The licensing authority shall issue a decision to withdraw the intermodal transport permit between Vietnam, Laos and Cambodia and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across the borders and within 15 working days must submit the intermodal transport permit between Vietnam, Laos and Cambodia to the licensing authority.

Article 37. Extension of circulation time in Vietnam for Laos or Cambodia’s vehicles

1. Holders: Laos or Cambodia’s vehicles beyond the time limit for circulation in Vietnam specified in the intermodal transport permit due to force majeure may have the circulation time extended for no more than 10 days.

2. Extension authority: Departments of Transport, Departments of Transport - Construction in the provinces and central-affiliated cities where the vehicle encounters force majeure events.

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a) A written request for extension, using Form No. 05, Appendix V of this Decree;

b) Intermodal transport permit between Vietnam, Laos and Cambodia (original).

4. Procedures:

a) Submit 01 set of application in person to the competent authority where the vehicle encounters a force majeure incident;

b) Within 02 working days from the date of receipt of complete and valid application as prescribed, the competent authority shall extend the circulation time for the Laos or Cambodia’s vehicle. The competent authority shall give the extension in a separate document or in the intermodal transport permit. In case of refusal, competent authority shall provide explanation in writing.

Article 38. Procedures for registration, cessation of route operation, addition or replacement of means of scheduled passenger transport between Vietnam, Laos and Cambodia

1. Applicants for registration to operate the scheduled passenger transport route between Vietnam, Laos and Cambodia:

Transport enterprises that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam, Laos and Cambodia.

2. Required documents in application for registration to operate the scheduled passenger transport route between Vietnam, Laos and Cambodia:

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b) A copy of the automobile registration certificate or a copy of the appointment letter for the receipt of the automobile registration certificate from the registration authority or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract;

c) Plan to operate the scheduled passenger transport route between Vietnam and Laos according to Form No. 07, Appendix IV of this Decree.

d) Cooperation contract between the Vietnamese transport enterprise and the partner of Laos and/or Cambodia (certified copy or copy enclosed with the original for comparison).

3. Transport route authority: Directorate for Roads of Vietnam, Department of Transport, Department of Transport - Construction of provinces and central-affiliated cities.

4. Procedures:

a) The transport enterprise shall submit 01 application to the competent authority in one of the following forms: in person, online, by post. For applications submitted in person, the receiving officer updates the information into the online public service system of the Directorate for Roads of Vietnam. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the transport enterprise within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the competent authority shall issue a written notice of operation of the scheduled passenger transport route according to Form No. 08 Appendix IV of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

c) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

5. The written notice of route operation expires in case the transport enterprise fails to put the vehicle into operation within 60 days from the effective date.

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7. Vehicles operating scheduled passenger transport routes between Vietnam, Laos and Cambodia must have a transport order. A transport order is issued for each outgoing and return trip (in case the trip is made in many days), or on daily basis (in case of multiple trips in a day). Transport orders are issued by the transport enterprise according to Form No. 09 Appendix VI of this Decree and must be numbered by year for management.

8. Addition or replacement of vehicles for scheduled passenger transport

a) A transport enterprise operating on the route is entitled to supplement or replace vehicles;

b) Application for registration of addition or replacement of vehicles as prescribed in Clause 2 of this Article. A written request, using Form No. 06, Appendix VI of this Decree;

c) Procedures shall comply with the provisions of Clause 4 of this Article.

9. Cessation of route operation, cessation of vehicles for scheduled passenger transport between Vietnam, Laos and Cambodia

a) In seeking cessation of route operation, cessation of vehicles operating on the route, the transport enterprise shall notify in writing according to Form No. 10, Appendix IV of this Decree to the competent authority or the frontline station on the Vietnamese side and return the notices of route operation and the intermodal transport permits of the vehicles that have stopped operating to the competent authority.

The transport enterprise is only allowed to stop operating the route or stop the vehicle operating on the route after it has posted at the frontline bus station in Vietnamese side for at least 10 days;

b) Within 02 working days from the date of receipt of the request, the transport route authority shall make a notice of cessation of route operation using Form No. 11 of Appendix VI of this Decree and make a public announcement for other transport enterprises to register for operation.

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a) At least 10 days before adjusting the frequency of vehicle operation on the route, the transport enterprise must send a written notice according to Form No. 12, Appendix VI of this Decree to the competent authority, the frontline bus station in the Vietnamese side;

b) Within 02 working days from the date of receiving the written request, the competent authority shall notify the adjustment of frequency of vehicle operation on the route according to Form No. 13, Appendix VI of this Decree.

Chapter VIII

IMPLEMENTATION

Article 39. Ministry of Transport

1. Take charge and coordinate with concerned ministries, central authorities and local governments in implementing the provisions of this Decree.

2. Direct the Directorate for Roads of Vietnam to develop cross-border road transport management software.

Article 40. Relevant ministries, ministerial-level agencies and People's Committees of centrally-affiliated cities and provinces

1. Relevant ministries, ministerial-level agencies and People's Committees of centrally-affiliated cities and provinces shall organize the implementation of the Decree according to their functions and tasks.

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Article 41. Transport enterprises

Comply with the provisions of this Decree and to observe the inspection and examination during the implementation of the provisions of this Decree and other relevant laws.

Chapter IX

IMPLEMENTATION

Article 42. Entry in force

1. This Decree comes into force as of February 15, 2022.

2. International road transport permits and intermodal transport permits that were issued before the effective date of this Decree shall remain valid until they expire.

Article 43. Implementation

The Ministers, the heads of the ministerial-level agencies, the heads of the Governmental agencies, the Presidents of the People's Committees of the provinces and central-affiliated cities, and the enterprises, organizations and individuals concerned shall implement this Decree./.

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ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY MINISTER




Le Van Thanh