Circular 37/2023/TT-BGTVT management of cross-border road transport operations

• Official number: 37/2023/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Le Dinh Tho
• Issued Date: 13/12/2023

MINISTRY OF TRANSPORT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 37/2023/TT-BGTVT	Hanoi, December 13, 2023

CIRCULAR

ON MANAGEMENT OF CROSS-BORDER ROAD TRANSPORT OPERATIONS

Pursuant to the Law on International Treaties dated April 9, 2016;

Pursuant to Government's Decree No. 56/2022/ND-CP dated August 24, 2022 on functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 119/2021/ND-CP dated December 24, 2021 of the Government on procedures for issuance, re-issuance, and revocation of cross-border road transport licenses;

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-State 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;

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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;

To implement 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 November 22, 1994;

To implement the Agreement on Facilitation of Road Vehicles to Cross 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;

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, 1998;

At the request of the Director of the International Cooperation Department and the Director of the Vietnam Road Administration;

The Minister of Transport promulgates a Circular on the management of cross-border road transport operations.

Chapter I

GENERAL RULES

Article 1. Scope

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Article 2. Regulated entities

This Circular applies to agencies, organizations and individuals involved in cross-border road transport operations between Vietnam and other countries within the framework of ASEAN multilateral agreements, the Greater Mekong Subregion and Cambodia - Laos - Vietnam, the framework of bilateral agreements with China, Laos, and Cambodia.

Article 3. Definitions and abbreviations

For the purposes of this Circular, the following terms and abbreviations are understood as follows:

1. “Contracting Party” is a country that signs and is bound by a bilateral or multilateral international treaty.

2. “transit transport” means the transportation of goods through the territory of a Contracting Party, with the departure and destination of the goods lying outside the territory of that Contracting Party.

3. “inter-state transport” means the transportation of people and goods across of the territories of at least two Contracting Parties, where neither the departure nor destination of the journey falls within the territory of any single Contracting Party.

4. “host country” means the country where the transport takes place.

5. “ASEAN Transport Facilitation Agreement” is an acronym for the ASEAN Framework Agreement on Facilitation of Goods in Transit, the ASEAN Framework Agreement on the Facilitation of Inter-State Transport, and the ASEAN Framework Agreement on the Facilitation of Cross-Border Passenger Transport by Road.

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7. “Vietnam-China Road Transport Agreement” is an acronym for the Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.

8. “Vietnam-Laos Road Transport Agreement” is an acronym for the Agreement on facilitation of road vehicles to cross the border between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic.

9. “Vietnam-Cambodia Road Transport Agreement” is an acronym for the Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia.

10. Cambodia-Laos-Vietnam Road Transport Memorandum is an acronym for 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 transport road.

Article 4. General regulations on cross-border road transport

1. Vehicles are not authorized to transport goods or passengers solely between two points within the territory of another Contracting Party.

2. Vehicles licensed to enter the territory of another Contracting Party must comply with all applicable laws and regulations of that country.

Chapter II

REGULATIONS FOR ROAD TRANSPORT OPERATIONS BETWEEN VIETNAM AND COUNTRIES IN ASEAN TRANSPORT FACILITATION AGREEMENTS

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1. Vehicles types:

a) Passenger vehicles are vehicles registered in the territory of a Contracting Party for passenger transport;

b) Goods vehicles are road motor vehicles registered in the territory of a Contracting Party for goods transport and comply with the technical requirements specified in Appendix I of this Circular.

2. Contracting Parties will recognize Certificates of technical safety and environmental protection inspection for cross-border transport vehicles issued by other Contracting Parties.

3. In addition to registration plates, all vehicles engaged in cross-border transport must display national identification marks on the back of the vehicles, display the ASEAN cross-border transport vehicle badges issued by a competent authority authorized to issue intermodal licenses within the ASEAN countries, on the windshields. National identification marks for motor vehicles of each Contracting Party are as follows:

a) Kingdom of Brunei: BRU;

b) Kingdom of Cambodia: KH;

c) Republic of Indonesia: RI;

d) Federation of Malaysia: MAL;

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e) Republic of Singapore: SGP;

g) Lao People's Democratic Republic: LAO;

h) Union of Myanmar: MYA;

i) Kingdom of Thailand: T;

k) Socialist Republic of Vietnam: VN.

4. Operating scope of vehicles

a) Vehicles granted an ASEAN cross border transport permit may transport goods only along the approved border checkpoint pairs and routes listed in Article 7 of this Circular.

b) Vehicles granted an ASEAN cross border transport permit may transport passengers only along the approved border checkpoint pairs and routes listed in Article 8 of this Circular.

5. All vehicles engaged in cross-border transport must possess and present, upon request, the following valid documents to competent authorities:

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b) Certificate of technical safety and environmental protection inspection;

c) ASEAN Cross Border Transport Permit;

d) ASEAN international road transport license (certified or notarized copy);

dd) Third-party liability insurance certificate of the motor vehicle owner;

e) Declaration of temporary import and re-export road transport vehicles or Declaration of temporary export and re-import road transport vehicles;

g) Passenger list for vehicles transporting passengers on fixed routes (using the form specified in Appendix IV) or Passenger list for vehicles on tourist and non-scheduled passenger transport (using the form specified in Appendix V or Consignment note for goods vehicles;

h) Customs transit documents for goods (for vehicles transporting goods in transit).

6. Documents listed in Clause 5 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 6. Regulations for drivers and vehicle attendants

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a) Passport or international travel document in lieu of passport and visa issued by a competent authority (except for visa exemption);

b) Domestic driving licenses which are recognized by the Parties according to the "Agreement on Recognition of Domestic Driving Licenses" signed by ASEAN member countries in Kuala Lumpur on July 9, 1985.

2. When crossing the border, vehicle attendants must carry passports or international travel documents in lieu of passports and visas issued by competent authorities (except for visa exemption) upon entry and exit, subject to inspection by border authorities. 

3. Documents listed in Clauses 1 and 2 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 7. List of approved pairs of border checkpoints and routes for goods transport

List of approved pairs of ASEAN border checkpoints and routes for goods transport under the ASEAN Framework Agreement on Facilitation of Goods in Transit and the ASEAN Framework Agreement on Facilitation of Inter-state Transport are specified in Appendix II issued together with this Circular.

Article 8. List of approved pairs of border checkpoints and routes for passenger transport

List of approved pairs of ASEAN border checkpoints and routes for passenger transport under the ASEAN Framework Agreement on Facilitation of Cross-border Passenger Transport by Road Transport are specified in Appendix III issued together with this Circular.

Chapter III

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Article 9. Vehicle regulations

1. Vehicles types:

a) Passenger vehicles are vehicles registered in the territory of a Contracting Party for passenger transport;

b) Goods vehicles: trucks, tractors, trailers, and semi-trailers registered in the territory of a Contracting Party to transport goods.

2. Contracting Parties will recognize Certificates of technical safety and environmental protection inspection for cross-border transport vehicles issued by other Contracting Parties.

3. In addition to registration plates, all vehicles engaged in cross-border transport must display national identification marks of the countries where the vehicles are registered on the back of the vehicles. National identification marks for motor vehicles of each Contracting Party are as follows:

a) Kingdom of Cambodia: KH;

b) People's Republic of China: CHN;

c) Lao People's Democratic Republic: LAO;

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dd) Kingdom of Thailand: T;

e) Socialist Republic of Vietnam: VN.

4. Operating scope of vehicles

Vehicles engaged in GMS cross-border transport may only transport goods and passengers between the approved border checkpoint pairs and routes listed in Articles 11 and 12 of this Circular.

5. All vehicles engaged in cross-border transport must possess and present, upon request, the following valid documents to competent authorities:

a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection;

c) GMS Cross-Border Transport Permit and Motor Vehicle Temporary Admission Document (hereinafter referred to as TAD);

d) Passenger list for vehicles transporting passengers on fixed routes (using the form specified in Appendix IV) or Passenger list for vehicles on tourist and non-scheduled passenger transport (using the form specified in Appendix V or Consignment note for goods vehicles (using the form specified in Appendix VI);

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e) Declaration of temporary import and re-export road transport vehicles or Declaration of temporary export and re-import road transport vehicles.

6. Documents listed in Clause 5 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 10. Regulations for drivers and vehicle attendants

1. When crossing the border, drivers must possess and present valid documents upon entry and exit, subject to inspection by border authorities. These documents include:

a) Passport or international travel document in lieu of passport and visa issued by a competent authority (except for visa exemption);

b) Driver's license, recognized by the Parties to the GMS Agreement. . The license must be valid for at least two months upon entering the Host Country.

2. When crossing the border, vehicle attendants must carry passports or international travel documents in lieu of passports and visas issued by competent authorities (except for visa exemption) upon entry and exit, subject to inspection by border authorities. 

3. Documents listed in Clauses 1 and 2 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 11. List of approved pairs of border checkpoints

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Article 12. List of approved routes

List of approved routes under the GMS Agreement is specified in Appendix VIII hereto.

Chapter IV

REGULATIONS FOR ROAD TRANSPORT OPERATIONS BETWEEN VIETNAM AND COUNTRIES UNDER THE CAMBODIA - LAOS - VIETNAM ROAD TRANSPORT MEMORANDUM

Article 13. Vehicle regulations

1. In addition to registration plates, all vehicles engaged in cross-border transport must display national identification marks on the front windshields of the vehicles and CLV-CBT badges issued by the competent authorities authorized to issue Vietnam-Laos-Cambodia Cross-border Transport Permit (CLV-CBT Permit). National identification marks for motor vehicles of each Contracting Party are as follows:

a) Kingdom of Cambodia: KH;

b) Lao People's Democratic Republic: LAO;

c) Socialist Republic of Vietnam: VN;

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Vehicles granted a CLV-CBT Permit may transport goods and passengers only along the approved border checkpoint pairs and routes listed in Article 15 of this Circular.

3. All vehicles on cross-border non-scheduled passenger transport must possess and present, upon request, the following valid documents to competent authorities:

a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection for road motor vehicles;

c) CLV-CBT Permit;

d) Passenger list (using the form in Appendix V);

dd) Compulsory third-party liability insurance certificate of the motor vehicle owner;

e) TAD;

g) Declaration of temporary import and re-export road transport vehicles or Declaration of temporary export and re-import road transport vehicles.

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a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection for road motor vehicles;

c) CLV-CBT Permit;

d) Passenger list (using the form in Appendix IV);

dd) Compulsory third-party liability insurance certificate of the motor vehicle owner;

e) TAD;

g) Declaration of temporary import and re-export road transport vehicles or Declaration of temporary export and re-import road transport vehicles.

5. All vehicles on cross-border goods transport must possess and present, upon request, the following valid documents to competent authorities:

a) Vehicle registration certificate;

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c) CLV-CBT Permit;

d) Consignment note or customs document;

dd) Compulsory third-party liability insurance certificate of the motor vehicle owner;

e) Transit and domestic customs declaration document (for transit);

g) TAD;

h) Declaration of temporary import and re-export road transport vehicles or Declaration of temporary export and re-import road transport vehicles.

6. Non-commercial vehicles engaged in cross-border transport must possess and present, upon request, the following valid documents to competent authorities:

a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection for road motor vehicles;

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d) Compulsory third-party liability insurance certificate of the motor vehicle owner;

dd) Declaration of temporary import and re-export road transport vehicles or Declaration of temporary export and re-import road transport vehicles.

7. Documents listed in Clauses 3, 4, 5, and 6 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

8. Each Contracting Party recognizes all documents specified in Clauses 3, 4, 5, and 6 issued by the other Contracting Parties.

Article 14. Regulations for drivers and vehicle attendants

1. When crossing the border, drivers must possess and present valid documents upon entry and exit, subject to inspection by border authorities. These documents include:

a) Passport or international travel document in lieu of passport and visa issued by a competent authority (except for visa exemption);

b) Driver’s license.

2. When crossing the border, vehicle attendants must carry passports or international travel documents in lieu of passports and visas issued by competent authorities (except for visa exemption) upon entry and exit, subject to inspection by border authorities. 

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Article 15. List of approved pairs of border checkpoints routes

1. The list of approved pairs of border checkpoints for inter-state transport under the Cambodia-Laos-Vietnam Road Transport Memorandum is specified in Appendix IX issued with this Circular.

2. The list of approved pairs of border checkpoints and routes for transit transport under the Cambodia-Laos-Vietnam Road Transport Memorandum is specified in Appendix X issued with this Circular.

Chapter V

REGULATIONS FOR ROAD TRANSPORT OPERATIONS BETWEEN VIETNAM AND CHINA UNDER THE VIETNAM - CHINA ROAD TRANSPORT AGREEMENT

Article 16. Vehicle regulations

1. Vehicles types:

a) Road transport vehicles: trucks, trailers, tractors, semi-trailers for transporting goods, and passenger cars for transporting people and luggage (registered in a Contracting Party);

b) Official duty vehicles: vehicles used by governmental agencies, political parties, unions, and socio-political organizations at all levels for official travel.

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3. In addition to registration plates, all vehicles engaged in cross-border transport must display national identification marks of the countries where the vehicles are registered on the back of the vehicles. Identification marks are prominently displayed on the front and back. National identification marks for motor vehicles of each Contracting Party are as follows:

a) People's Republic of China:  CHN;

b) Socialist Republic of Vietnam: VN.

4. Operating scope of vehicles

a) Vehicles on scheduled passenger transport (on fixed routes) operate between the departure terminal and destination terminal in compliance with the scheduled passenger transport plan between Vietnam and China, which is notified by the transport route authority in Decree No. 119/2021/ND-CP dated December 24, 2021 of the Government on procedures for issuance, re-insurance, revocation of cross-border road transport limits;

b) Vehicles on non-scheduled passenger transport (under contract or tourist transport) operate between the approved pairs of border checkpoints and routes as specified in Articles 19 and 20 of this Circular;

c) Vehicles on goods transport operate between the approved border checkpoint pairs and routes listed in Articles 19 and 20 of this Circular.

d) Official duty vehicles of one Contracting Party may only operate along designated routes and border checkpoints in the other Contracting Party and comply with local regulations for imported vehicles.

5. All vehicles on passenger transport must possess and present, upon request, the following valid documents to competent authorities:

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b) Vehicle registration certificate;

c) Certificate of technical safety and environmental protection inspection;

d) Passenger list for scheduled passenger transport (using form IV), or passenger list for non-scheduled passenger transport (using form V);

dd) Third-party liability insurance certificate of the motor vehicle owner;

e) Passenger transport contract (for vehicles on passenger transport under contract) or travel itinerary confirmed by the host country's travel company (for vehicles on tourist transport);

g) Relevant documents at the border checkpoint applicable to entry and exit vehicles.

6. All vehicles on goods transport must possess and present, upon request, the following valid documents to competent authorities:

a) Transport license;

b) Vehicle registration certificate;

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d) Consignment note;

dd) Customs declaration for goods;

e) Third-party liability insurance certificate of the motor vehicle owner;

g) Relevant documents at the border checkpoint applicable to entry and exit vehicles.

7. Official duty vehicles must possess and present, upon request, the following valid documents to competent authorities:

a) Transport license;

b) Vehicle registration certificate;

c) Certificate of technical safety and environmental protection inspection;

d) Third-party liability insurance certificate of the motor vehicle owner;

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8. Vehicles transporting dangerous goods or exceeding size and weight limits must obtain a special "Type D" permit from the other Contracting Party's authorized agency before operation.

9. Documents listed in Clauses 5, 6, 7 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 17. Regulations for drivers and vehicle attendants

1. When crossing the border, drivers must possess and present valid documents upon entry and exit, subject to inspection by border authorities. These documents include:

a) Passport or international travel document in lieu of passport and visa issued by a competent authority (except for visa exemption);

b) A valid driver's license appropriate for the type of vehicle being driven.

2. When crossing the border, vehicle attendants must carry passports or international travel documents in lieu of passports and visas issued by competent authorities (except for visa exemption) upon entry and exit, subject to inspection by border authorities. 

3. Documents listed in Clauses 1 and 2 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 18. Transport authorities at border checkpoints

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2. Responsibilities of the Border checkpoint transport station:

a) Verify transport licenses, national identification marks, and other transport-related documents for crossing vehicles; affix the Station's stamp on the transport license at the designated location on the license.  For transport licenses of types A and E issued to vehicles on scheduled passenger transport that are valid for multiple times a year, stamps are not required on these transport licenses;

b) Inspect vehicles transporting oversized, overweighed, and dangerous goods from Vietnam and China, maintaining order in the transport market at the border checkpoints;

c) Maintain statistics, updates, and reports on Vietnam-China road transport operations as required by competent authorities;

d) Cooperate with other border checkpoint authorities and perform other tasks as prescribed by law.

Article 19. List of approved pairs of border checkpoints

1. List of approved pairs of border checkpoints under the Vietnam-China Road Transport Agreement is specified in Appendix XI hereto.

2. Except for vehicles on tourist transport or passenger transport under contract, all other vehicles must enter and exit Vietnam at the same designated border checkpoint.

Article 20. List of approved routes

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Chapter VI

REGULATIONS FOR ROAD TRANSPORT OPERATIONS BETWEEN VIETNAM AND LAOS UNDER THE VIETNAM - LAOS ROAD TRANSPORT AGREEMENT

Article 21. Vehicle regulations

1. Vehicles include cars, tractors, trailers, semi-trailers, and special vehicles on roads; with the left-hand drive system and are classified as follows:

a) Commercial vehicles: vehicles transporting passengers or goods for a fee or for business purposes;

b) Non-commercial vehicles: vehicles of organizations and individuals not for business purposes, including: vehicles of organizations for business trips, ambulances, fire trucks, rescue vehicles, vehicles for humanitarian missions (hereinafter referred to as official duty vehicles) and vehicles used for personal purposes, including passenger vehicles with less than 9 seats and pick-up trucks.

2. Both Parties will recognize Certificates of technical safety and environmental protection inspection for cross-border transport vehicles issued by the other Party.

3. In addition to registration plates, all vehicles engaged in cross-border transport must display national identification marks and Vietnam-Laos cross-border transport badges of the country where the vehicles are registered and issued by the competent authorities authorized to issue this kind of badge. National identification marks for motor vehicles of each Contracting Party are as follows:

a) Lao People's Democratic Republic: LAO;

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4. Commercial vehicles must meet the useful life requirements of their respective country's laws.

5. Cross-border vehicles must have compulsory third-party civil liability insurance according to the host country's laws and regulations.

6. Operating scope of vehicles

Vehicles can operate through pairs of border checkpoint listed in Article 23 of this Circular, except for tourist transport vehicles which are limited to those listed in that Article.

7. Non-commercial vehicles engaged in cross-border transport must possess and present, upon request, the following valid documents to competent authorities:

a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection;

c) Cross-border transport permit;

d) Third-party liability insurance certificate;

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8. All vehicles on passenger transport must possess and present, upon request, the following valid documents to competent authorities:

a) They must meet the requirements of Clause 7 of this Article;

b) Passenger list for vehicles on scheduled passenger transport (using the form specified in Appendix IV) or Passenger list for vehicles on passenger transport under contract and tourist transport (using the form specified in Appendix V);

c) Passenger transport contract (for vehicles on passenger transport under contract and tourist transport).

9. All vehicles on goods transport must possess and present, upon request, the following valid documents to competent authorities:

a) They must meet the requirements of Clause 7 of this Article;

b) Bill of lading;

c) Customs declaration for goods;

d) Animal and plant quarantine certificate.

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11. Documents listed in Clauses 7, 8, 9 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 22. Regulations for drivers and vehicle attendants

1. When crossing the border, drivers must possess and present valid documents upon entry and exit, subject to inspection by border authorities. These documents include:

a) Passport or international travel document in lieu of passport and visa issued by a competent authority (except for visa exemption);

b) A valid national driver's license or international driving license appropriate for the type of vehicle being driven;

c) If the driver's passport and vehicle registration are not from the same Contracting Party, they must provide a copy of a valid employment contract with a term of at least one year with the company or organization employing them, or alternatively, a temporary residence card or diplomatic identity card.

2. When crossing the border, vehicle attendants must carry passports or international travel documents in lieu of passports and visas issued by competent authorities (except for visa exemption) upon entry and exit, subject to inspection by border authorities. 

3. Documents listed in Clauses 1 and 2 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 23. List of approved pairs of border checkpoints

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Chapter VII

REGULATIONS FOR ROAD TRANSPORT OPERATIONS BETWEEN VIETNAM AND CAMBODIA UNDER THE VIETNAM - CAMBODIA ROAD TRANSPORT AGREEMENT

Article 24. Vehicle regulations

1. Vehicles include cars, trailers, semi-trailers on roads, with a vehicle registration certificate and license plate issued by a competent authority of a Contracting Party.

2. Commercial vehicles are those engaged in passenger or goods transport for a fee, including:

a) Passenger vehicles with 10 seats or more (including driver);

b) Taxis with 5 seats (including driver) marked "Taxi" on the roof;

c) Trucks, trailers, and semi-trailers.

3. Non-commercial vehicles are passenger cars with no more than 09 seats (including the driver) and vehicles carrying goods without collecting fees, including:

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b) Personal vehicles;

c) Vehicles of enterprises/cooperatives for their business activities (not transporting people/goods for a fee);

d) Firefighting, ambulance, rescue, and humanitarian mission vehicles.

4. Both Parties will recognize Certificates of technical safety and environmental protection inspection for cross-border transport vehicles issued by the other Party.

5. Vehicles entering the other Party must comply with its regulations regarding compulsory motor vehicle insurance.

6. In addition to registration plates, all vehicles engaged in cross-border transport must display national identification marks and Vietnam-Cambodia cross-border transport badges of the country where the vehicles are registered and issued by the competent authorities authorized to issue this kind of badge. National identification marks for motor vehicles of each Contracting Party are as follows:

a) Kingdom of Cambodia: KH;

b) Socialist Republic of Vietnam: VN.

7. Vehicles in transit and regular border crossings must meet the following technical specifications:

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b) Maximum vehicle width (detailed in Appendix XV issued herewith);

c) Maximum vehicle height (detailed in Appendix XVI issued herewith);

d) Maximum rear overhand (detailed in Appendix XVII issued herewith).

8. Maximum allowable vehicle weight must comply with the host country's legal regulations.

9. Operating scope of vehicles

Vehicles can operate between approved pairs of border checkpoints as listed in Article 26 of this Circular.

10. All commercial vehicles on passenger transport must possess and present, upon request, the following valid documents to competent authorities:

a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection;

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d) Passenger list for vehicles on scheduled passenger transport (using the form specified in Appendix IV) or Passenger list for vehicles on passenger transport under contract and tourist transport (using the form specified in Appendix V). For scheduled passenger transport, the passenger list requires confirmation from the bus terminal (if Cambodia has no bus terminal, pick-up/drop-off point confirmation is required). Passenger list does not apply to passenger transport by taxis;

dd) Passenger transport contract (for vehicles on passenger transport under contract and tourist transport);

e) Third-party liability insurance certificate;

g) Declaration of temporary import and re-export road transport vehicles or Declaration of temporary export and re-import road transport vehicles.

11. All vehicles on goods transport must possess and present, upon request, the following valid documents to competent authorities:

a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection;

c) Cross-border transport permit;

d) Consignment note;

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e) Third-party liability insurance certificate;

g) Declaration of temporary import and re-export road transport vehicles or Declaration of temporary export and re-import road transport vehicles.

12. Non-commercial vehicles engaged in cross-border transport must possess and present, upon request, the following valid documents to competent authorities:

a) Vehicle registration certificate;

b) Certificate of technical safety and environmental protection inspection;

c) Cross-border transport permit;

d) Third-party liability insurance certificate;

dd) Declaration of temporary import and re-export road transport vehicles or Declaration of temporary export and re-import road transport vehicles.

13. Documents listed in Clauses 10, 11, 12 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

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1. When crossing the border, drivers must possess and present valid documents upon entry and exit, subject to inspection by border authorities. These documents include:

a) Passport or international travel document in lieu of passport and visa issued by a competent authority (except for visa exemption);

b) A valid national driver's license or international driving license appropriate for the type of vehicle being driven.

2. When crossing the border, vehicle attendants must carry passports or international travel documents in lieu of passports and visas issued by competent authorities (except for visa exemption) upon entry and exit, subject to inspection by border authorities. 

3. Documents listed in Clauses 1 and 2 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 26. List of approved pairs of border checkpoints

List of approved pairs of border checkpoints under the Vietnam-Cambodia Road Transport Agreement is specified in Appendix XVIII hereto.

Chapter VIII

IMPLEMENTATION

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1. Road transport reports by transport businesses and cooperatives:

a) Report title:  Report on road transport between Vietnam and countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum;

b) Content:  Report on road transport operation results between Vietnam and countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum;

c) Reporting entities:  Enterprises and cooperatives engaged in road transport business with countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum;

d) Receiving agency: Department of Transport or Department of Transport-Construction where the business or cooperatives is registered;

dd) Submission method: Electronic or paper reports sent to the receiving agency in person, by mail, fax, email, or another method as prescribed by law;

e) Reporting frequency: Every 6 months;

g) Reporting deadlines: Before July 5 for the first 6 months of the year and before January 5 of the following year for the last 6 months of the year;

h) Data cutoff period:  From January 1 to June 30 for the first 6 months of the year and from July 1 to December 31 for the last 6 months of the year;

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2. Report on management of international road transport in local governments

a) Report title:  Report on road transport Vietnam and countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum;

b) Content:  Report on road transport operation results between Vietnam and countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum;

c) Reporting entities:  Department of Transport or Department of Transport-Construction;

d) Receiving agency: Vietnam Road Administration;

dd) Submission method: Electronic or paper reports sent to the receiving agency in person, by mail, fax, email, or another method as prescribed by law;

e) Reporting frequency: Every 6 months;

g) Reporting deadlines: Before July 10 for the first 6 months of the year and before January 10 of the following year for the last 6 months of the year;

h) Data cutoff period:  From January 1 to June 30 for the first 6 months of the year and from July 1 to December 31 for the last 6 months of the year;

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3. Report on management of international road transport nationwide

a) Report title:  Report on road transport Vietnam and countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum;

b) Content:  Report on road transport operation results between Vietnam and countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum;

c) Reporting entities:  Vietnam Road Administration;

d) Receiving agency: Ministry of Transport;

dd) Submission method: Electronic or paper reports sent to the receiving agency in person, by mail, fax, email, or another method as prescribed by law;

e) Reporting frequency: Every 6 months;

g) Reporting deadlines: Before July 15 for the first 6 months of the year and before January 15 of the following year for the last 6 months of the year;

h) Data cutoff period:  From January 1 to June 30 for the first 6 months of the year and from July 1 to December 31 for the last 6 months of the year;

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Article 28. Implementation

1. Vietnam Road Administration

a) Management of operations of vehicles engaged into cross-border transport between Vietnam and countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum;

b) Share the list of vehicles issued with transport licenses and cross-border transport permit to relevant countries and agencies for coordinated management;

c) Inspect, investigate, and address violations of international road transport business within Vietnam and countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum in accordance with the law.

2. Department of Transport, Department of Transport - Construction of provinces and centrally affiliated cities

a) Manage international road transport between Vietnam and countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum within their jurisdiction and authority;

b) Inspect, investigate, and address violations of international road transport business within Vietnam and countries within the Framework of ASEAN Transport Facilitation Agreement, GMS Agreement, Vietnam-China Road Transport Agreement, Vietnam-Laos Road Transport Agreement, Vietnam-Cambodia Road Transport Agreement, and Cambodia-Laos-Vietnam Road Transport Memorandum within their jurisdiction in accordance with the law.

Article 29. Entry into force

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2. This Circular supersedes the following Circulars:

a) Circular No. 23/2012/TT-BGTVT on guidelines for the Vietnam-China Road Transport Agreement and Protocol; Circular No. 29/2020/TT-BGTVT dated October 30, 2020 of the Minister of Transport on amendments to the Circular No. 23/2012/TT-BGTVT on guidelines for the Vietnam-China Road Transport Agreement and Protocol; Circular No. 26/2021/TT-BGTVT dated November 29, 2021 of the Minister of Transport on amendments to Circular No. 23/2012/TT-BGTVT on guidelines for the Vietnam-China Road Transport Agreement and Protocol;

b) Circular No. 88/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport on guidelines for the Agreement and Protocol on Facilitation of Road Vehicles to Cross Border between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic;

c) Circular No. 39/2015/TT-BGTVT dated July 31, 2015 of the Minister of Transport on guidelines for the Agreement and Protocol on Road Vehicles to Cross Border between the Government of the Socialist Republic of Vietnam and Royal Government of Cambodia; Circular No. 47/2019/TT-BGTVT dated November 28, 2019 on amendments to Circular No. 39/2015/TT-BGTVT dated July 31, 2015 of the Minister of Transport on guidelines for the Agreement and Protocol on Road Vehicles to Cross Border between the Government of the Socialist Republic of Vietnam and Royal Government of Cambodia;

d) Circular No. 63/2013/TT-BGTVT dated December 31, 2013 of the Minister of Transport on guidelines for the Memorandum of Understanding between the Governments of the Kingdom of Cambodia and Lao People's Democracy and Socialist Republic of Vietnam on road transport; Circular No. 20/2020/TT-BGTVT dated September 17, 2020 of the Minister of Transport on amendments to Circular No. 63/2013/TT-BGTVT dated December 31, 2013 of The Minister of Transport on guidelines for the Memorandum of Understanding between the Governments of the Kingdom of Cambodia and Lao People's Democracy and Socialist Republic of Vietnam on road transport;

dd) Circular No. 29/2009/TT-BGTVT dated November 17, 2009 of the Minister of Transport on guidelines for the Agreement on Facilitation of Road Vehicles to Cross Border between Greater Mekong Subregion countries; Circular No. 89/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport on amendments to Circular No. 29/2009/TT-BGTVT dated November 17, 2009 of the Ministry of Transport on guidelines for the Agreement on Facilitation of Road Vehicles to Cross Border between Greater Mekong Subregion countries;

e) Circular No. 05/2022/TT-BGTVT dated May 25, 2022 of the Minister of Transport on annulment of a number of regulations related to issuance, re-issuance, and revocation of licenses of Circulars on international road transport issued by the Minister of Transport.

3. Annul Article 1, Article 3, Article 6, Article 7, Article 8, Article 11, Article 16, Article 18, Article 21 and Article 23 of Circular No. 05/2023/TT-BGTVT dated April 27, 2023 of the Minister of Transport on amendments to Circulars related to road transport, road transport support services, vehicles and drivers; annul Article 1, Article 2 and Clause 1, Clause 2, Article 9 of Circular No. 36/2020/TT-BGTVT dated December 24, 2020 of the Minister of Transport on amendments to Circulars on periodic reporting requirements on road transport.

Article 30. Implementation

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PP. MINISTER
DEPUTY MINISTER




Le Dinh Tho