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MINISTRY OF
TRANSPORT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
39/2024/TT-BGTVT
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Hanoi, November
15, 2024
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CIRCULAR
ON
LOAD CAPACITIES AND DIMENSIONAL LIMITS OF ROADS; OPERATION OF OVERLOAD
VEHICLES, OVERDIMENSION VEHICLES AND TRACKED VEHICLES ON ROADS;
OVERSIZE/OVERWEIGHT GOODS, TRANSPORT OF OVERSIZE/OVERWEIGHT LOAD; LOADING GOODS
ON ROAD TRAFFIC VEHICLES; ISSUANCE OF LICENSES TO OPERATE OVERLOAD VEHICLES,
OVERDIMENSION VEHICLES, TRACKED VEHICLES, VEHICLES CARRYING OVERSIZE/OVERLOAD
LOAD
Pursuant to the Law on Road dated June 27, 2024;
Pursuant to the Law on Road Traffic Order and
Safety dated June 27, 2024;
Pursuant to Decree No. 56/2022/ND-CP dated
August 24, 2022 of the Government on functions, responsibilities, jurisdiction
and organizational structure of the Ministry of Transport;
At the request of the head of Transportation
Infrastructure Authority and Director General of Department for Roads of
Vietnam;
The Minister of Transport promulgates the
Circular on load capacities and dimensional limits of roads; operation of
overload vehicles, overdimension vehicles and tracked vehicles on roads;
oversize/overweight goods, transport of oversize/overweight load; loading goods
on road traffic vehicles; issuance of licenses to operate overload vehicles,
overdimension vehicles, tracked vehicles, vehicles carrying oversize/overload
load.
Chapter I
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Article 1. Scope
This Circular regulates load capacities and
dimensional limits of roads; operation of overload vehicles, overdimension
vehicles and tracked vehicles on roads; oversize/overweight goods, transport of
oversize/overweight load; loading goods on road traffic vehicles; issuance of
licenses to operate overload vehicles, overdimension vehicles, tracked
vehicles, vehicles carrying oversize/overload load (hereinafter referred to as
“licenses to operate vehicles").
Article 2. Regulated entities
This Circular applies to organizations and
individuals engaged in management and announcement of load capacities,
dimensional limits of roads; operation of overload vehicles, overdimension
vehicles and tracked vehicles on roads; transport of oversize/overweight load;
loading goods on road traffic vehicles; issuance of licenses to operate
vehicles.
Article 3. Definitions
For the purposes of this Circular, the terms below
shall be construed as follows:
1. Gross vehicle weight (GVW) includes the
weight of the vehicle plus the weight of specialized equipment supporting
transport of oversize/overweight load installed on the vehicle in accordance
with manufacturer's instructions (if any) plus the weight of passengers,
luggage, and goods (including containers; equipment for anchoring, fastening
goods) on the vehicle (if any).
2. Gross axle weight (GAW) of a vehicle is
the distributed weight that may be supported by a single axle or a group of
axles of such vehicle.
3. Maximum dimensions of a road motor vehicle are
the maximum permissible outer dimensions in terms of height, width, and length
of the vehicle running on public roads, including load.
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5. Truck-trailer setup is a combination of
an automobile towing a trailer or a tractor towing semi-trailer.
6. A non-divisible load is a load with
intact seals of customs/national defense and security authorities or is a group
of parts, equipment, machineries that will be damaged or changed in utility if
being disassembled or divided.
7. A level crossing is an intersection where
a railway line crosses a road or path at the same level that is built and
developed according to the approval of a competent authority.
8. Enterprises investing in construction and
management of operations of road works are PPP project enterprises and
enterprises assigned by the State to invest in construction and management of
operations of road works.
9. Whole order is a package with security
seal issued by customs authority, national defense and security authority
intact or a construction element or CBU equipment, instruments, machinery.
10. Transport service providers are
organizations or individuals that use road vehicles to transport cargoes.
11. Cargo handlers are organizations or
individuals that load cargoes on vehicles.
12. Escorts are individuals employed by the
consignor or goods owner for the secure carriage of goods during the transport
on roads.
13. Consignors are organizations or
individuals hiring transport businesses to transport goods by road vehicles.
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15. Breakbulk cargoes are cargoes that are
contained in a package or box to ensure that they preserved and protected
during the transport.
16. Cylindrical cargoes are cargoes in the
shape of a cylinder or a tube that can easily roll over a flat surface.
Chapter II
REGULATIONS ON LOAD
CAPACITIES AND DIMENSIONAL LIMITS OF ROADS
Article 4. Load capacity of
road
1. Regulations on load capacity of road are
prescribed in clause 1 Article 27 of the Law on Road.
2. Bearing capability of roads include:
a) Bearing capability of road bridges shall be
determined by design dossiers and actual technical conditions of road bridges
published by competent authorities in accordance with Articles 6 and 7 of this
Circular;
b) Bearing capability of roads shall be determined
by design dossiers and actual technical conditions of roads published by
competent authorities in accordance with Articles 6 and 7 of this Circular.
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Regulations on dimensional limits of roads are
prescribed in clause 2 Article 27 of the Law on Road and published by competent
authorities in accordance with Articles 6 and 7 of this Circular.
Article 6. Announcement of load
capacities, dimensional limits of roads, and technical conditions of level
crossings
1. The Department for Roads of Vietnam is
responsible for announcing the load capacities, dimensional limits of national
highways (except for cases prescribed in clauses 2 and 4 of this Article) on
its website.
2. The Vietnam Expressway Authority is responsible
for announcing the load capacities, dimensional limits of expressways under its
management on its website; report the statistics to the Department for Roads of
Vietnam for updating information on the website of the Department for Roads of
Vietnam.
3. The Vietnam Railway Authority is responsible for
announcing the technical conditions of level crossings of Vietnamese railway
network on its website; report the statistics to the Department for Roads of
Vietnam for updating information on the website of the Department for Roads of
Vietnam.
4. Province-level People's Committees are
responsible for announcing the load capacities, dimensional limits of roads
under their management and special-use roads with public traffic activities on
their websites.
5. Competent authorities prescribed in clauses 1,
2, 3 and 4 of this Article shall announce the load capacities, dimensional
limits of roads using the Form in Appendix IX attached to this Circular.
Article 7. Adjustment to load
capacities, dimensional limits of roads, and technical conditions of level
crossings
1. The Department for Roads of Vietnam is
responsible for annually updating the load capacities, dimensional limits of
roads and technical conditions of level crossings on its website (before March
20 of every year). In cases where there are changes of load capacities,
dimensional limits of roads, the Department for Roads of Vietnam shall update
the information on its website within 05 working days from the receipt of
statistics sent from Departments of Road Management and authorities prescribed
in clauses 2, 3, 4 and 5 of this Article.
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3. The Vietnam Railway Authority is responsible for
annually updating the technical conditions of level crossings of Vietnamese
railway network on its website; report the statistics to the Department for
Roads of Vietnam for updating information on the website of the Department for
Roads of Vietnam (before March 15 of every year) within 05 working days from
the changes of technical conditions of level crossings.
4. Province-level People's Committees shall update
the load capacities, dimensional limits of roads within their jurisdiction.
5. Investors of projects for construction for road
works, enterprises investing in construction and management of operations of
road works shall annually send the statistics to the province-level People's
Committees (for roads under management of local authorities), the Department
for Roads of Vietnam (for national highways prescribed in clause 3 Article 8 of
the Law on Road), the Vietnam Expressway Authority (for expressways under its
management) for publication and update on their websites (before March 10 of
every year) within 05 working days from the changes of load capacities,
dimensional limits of roads.
6. Persons responsible for managing special-use
roads with public traffic activities shall send the statistics to the
province-level People's Committees for publication and update on their websites
(before March 10 of every year) within 05 working days from the changes of load
capacities, dimensional limits of roads.
7. If bridges on roads have been published but have
not been renovated or upgraded in accordance with the published load capacities
and dimensional limits of roads, the persons responsible for managing road
works are responsible for installing signs indicating the actual load
capacities and dimensional limits of the bridges.
Chapter III
OPERATION OF OVERLOAD
VEHICLES, OVERDIMENSION VEHICLES AND TRACKED VEHICLES ON ROADS
Article 8. Operation of overload
vehicles, overdimension vehicles and tracked vehicles on roads
1. The operation of overload vehicles,
overdimension vehicles and tracked vehicles on roads shall ensure safety for
traffic and road works.
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a) Having licenses to operate overload vehicles,
overdimension vehicles as prescribed in Appendix III of this Circular issued by
competent authorities;
b) Implementing measures for protecting road works
as prescribed in clause 4 Article 52 of the Law on Road Traffic Order and
Safety;
c) Complying with regulations prescribed in
licenses to operate these vehicles;
d) Not operating vehicles transporting cargoes
exceeding maximum permissible cargo load according to certificate of technical
inspection and environmental protection of the vehicles.
3. Organizations and individuals who are vehicle
owners, transport service providers, consignors or vehicle operators shall
comply with clauses 1 and 2 of this Article and following regulations during
operation of overdimension vehicles on roads for transport of more than 02
whole orders:
a) Gross vehicle weight and axle weight do not
exceed the load capacities of roads;
b) If 02 or more whole orders are stacked in tiers,
stacking height shall comply with Article 16 of this Circular;
c) If 02 or more whole orders are arranged along
the length of cargo space, the cargoes shall not exceed the length of cargo
space and not exceed 20 meters (from the front of the vehicles to the rearmost
point of the cargoes);
c) If 02 or more whole orders are arranged perpendicular
to the length of cargo space, the cargoes shall not exceed the width of cargo
space and total width of cargoes shall not exceed 2,5 meters.
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Article 9. Operation of tracked
vehicles on roads
1. The operation of tracked vehicles on roads shall
ensure traffic safety. Following measures shall be implemented to protect the
surface of roads: equipping vehicles with rubber pads, putting concrete or
grating panels on roads. Tracked vehicles shall be transported on other
vehicles if the above compulsory measures are not implemented.
2. In addition to clause 1 of this Article,
organizations and individuals who are vehicle owners, transport service
providers, consignors or vehicle operators shall comply with following
regulations during operation of tracked vehicles on roads:
a) Having licenses to operate tracked vehicles as
prescribed in Appendix IV of this Circular issued by competent authorities;
b) Complying with regulations prescribed in
licenses to operate these vehicles;
c) Complying with regulations in clause 4 Article 8
of this Circular and implementing measures for protecting road works as
prescribed in clause 4 Article 52 of the Law on Road Traffic Order and Safety.
Chapter IV
OVERSIZE/OVERWEIGHT
GOODS, TRANSPORT OF OVERSIZE/OVERWEIGHT LOAD
Article 10. Regulations on
oversize/overweight goods
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a) Length > 20 meters;
b) Width > 2,5 meters;
c) The height from the highest point of the road
surface exceeds 4,2 meters, or exceeds 4,35 meters (applicable to trailer
trucks).
2. Overweight goods are goods as prescribed in
clause 1 Article 53 of the Law on Road Traffic Order, which cause vehicles or
truck-trailer setups weighing over 48 tons (of both the vehicle and the load).
Article 11. Vehicles
transporting oversize/overweight goods
1. Vehicles transporting oversize/overweight goods
shall comply with clauses 2 and 3, Article 53 of the Law on Road Traffic Order,
and statistics in Certificates of inspection of vehicle for compliance with
technical safety and environmental protection requirements.
2. If modular trailers which can be linked together
are used for transport of oversize/overweight goods, permission for linking
modular trailers shall be included in the Certificate of inspection of vehicle
for compliance with technical safety and environmental protection requirements.
Article 12. Operation of
vehicles transporting oversize/overweight goods on roads
1. The operation of vehicles transporting
oversize/overweight goods on roads shall comply with regulations in Article 8
of this Circular.
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a) Choosing routes, transporting vehicles
(including specialized vehicles supporting transport of oversize/overweight
goods) and appropriate method for loading goods to ensure safety of traffic and
road works based on types of goods and itineraries;
b) Having licenses to operate these vehicles as
prescribed in Appendix III of this Circular issued by competent authorities;
c) Complying with conditions prescribed in licenses
to operate these vehicles;
d) Only carrying 01 overweight whole order.
Chapter V
LOADING GOODS ON ROAD
TRAFFIC VEHICLES
Article 13. General
regulations on loading goods on road traffic vehicles
1. Transport service providers shall choose vehicles
appropriate to dimensions and weights of goods. Goods being transported shall
be appropriated to the structure of the cargo boxes and the function of the
vehicle.
2. Goods loaded on road vehicles shall comply with
regulations on GVW, GAW of vehicles and height, width, and length of the load
as prescribed in Articles 16, 17 and 18 of this Circular and not exceed the
payload of the vehicle prescribed on the Certificate of inspection of vehicle
for compliance with technical safety and environmental protection requirements
except for cases where there are licenses to operate vehicles.
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4. If goods are machines, means of transport, all
fuels of those goods shall be removed before loaded on the transporting
vehicles. The method for loading machines, means of transport is prescribed in
the instruction in Appendix XI attached to this Circular
5. Breakbulk cargoes shall be loaded on the
vehicles in accordance with the manufacturers’ instructions.
6. Dangerous good shall be loaded in accordance
with regulations on transport of dangerous goods by road traffic vehicles and
this Chapter.
Article 14. Limits on gross
axle weight (GAW)
1. Single axle: GAW ≤ 10 tonnes.
2. Double-axle group, GAW depends on the distance
(d) between two axles:
a) If d < 1,0 meter, GAW ≤ 11 tonnes;
b) If 1,0 meter ≤ d < 1,3 meters, GAW ≤ 16
tonnes;
c) If d ≥ 1,3 meters, GAW ≤ 18 tonnes.
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a) If d ≤ 1,3 meters, GAW ≤ 21 tonnes;
b) If d > 1.3 meters, GAW ≤ 24 tonnes.
Article 15. Limits on gross
vehicle weight (GVW)
1. Regarding automobiles:
a) If the vehicle has 2 axles, GVW ≤ 16 tonnes;
b) If the vehicle has 3 axles, GVW ≤ 24 tonnes;
c) If the vehicle has 4 axles, GVW ≤ 30 tonnes;
d) If the vehicle has 5 or more axles and the
distance between the first axle and the last axle is no more than 7 meters, GVW
≤ 32 tonnes;
dd) If the vehicle has 5 or more axles and the
distance between the first axle and the last axle is more than 7 meters, GVW ≤
34 tonnes;
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b) If the vehicle has 3 axles, GVW ≤ 26 tonnes;
b) If the vehicle has 4 axles, GVW ≤ 34 tonnes;
c) If the vehicle has 5 or more axles and the
distance between the wheel coupling pin and the first axle of the semi-trailer
is from 3,2 meters to 4,5 meters, GVW ≤ 38 tonnes;
d) If the vehicle has 5 or more axles and the
distance between the wheel coupling pin and the first axle of the semi-trailer
is more than 4,5 meters, GVW ≤ 42 tonnes;
dd) If the vehicle has 6 or more axles and the
distance between the wheel coupling pin and the first axle of the semi-trailer
is from 3,2 meters to 4,5 meters, GVW ≤ 40 tonnes; if the semi-trailer is a
container, GVW ≤ 42 tonnes;
e) If the vehicle has 6 or more axles and the
distance between the wheel coupling pin and the first axle of the semi-trailer
is from 4,5 meters to 6,5 meters, GVW ≤ 44 tonnes;
g) If the vehicle has 6 or more axles and the
distance between the wheel coupling pin and the first axle of the semi-trailer
is more than 6,5 meters, GVW ≤ 48 tonnes;
3. Regarding automobiles towing trailers: GVW of
the truck-trailer setup includes GVW of the automobile (in accordance with GVW
of the automobile prescribed in clause 1 of this Article) and GAW of the
trailer (in accordance with GAW of the trailer prescribed in Article 14 of this
Circular). To be specific:
a) If a single-axle trailer is pulled by an
automobile and the distance between the wheel coupling pin and the middle of
the axle group of the trailer on the horizontal surface of the pull bar is 3,7
meters or longer, GVW ≤ 45 tonnes;
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4. If a semi-trailer is pulled by a truck (as
prescribed in points c and, clause 2 of this Article) and the distance between
the wheel coupling pin and the first axle of the semi-trailer is shorter than
3,2 meters, or if a single-axle trailer is pull by an automobile (as prescribed
in point a clause 3 of this Article) and the distance between the wheel
coupling pin and the middle point of the axle group of the trailer is shorter
than 3,7 meters, or if a multi-axle trailer is pulled by an automobile (as
prescribed in point b clause 3 of this Article) and the distance between the
wheel coupling pin and the front axle group of the trailer is shorter than 3,0
meters, the GVW of the truck-trailer setup shall be decreased by 2 tonnes for
each meter of length of the prescribed distances corresponding to each case
that is shortened.
Article 16. Height of goods
loaded onto road traffic vehicles
1. Regarding box trucks, permissible height of
goods loaded onto the vehicle is the maximum height of goods inside the box as
designed and prescribed in the Certificate of inspection of vehicle for
compliance with technical safety and environmental protection requirements.
2. Regarding open-bed trucks, goods loaded on the
vehicle that exceed the height of the box (as designed and prescribed in the
Certificate of inspection of vehicle for compliance with technical safety and
environmental protection requirements) shall be firmly tied and fastened to
ensure the safety when running on roads. The height of loaded goods shall not
exceed the heights below (from the road surface):
a) If the payload weights 5 tonnes or more as
prescribed in the Certificate of inspection of vehicle for compliance with
technical safety and environmental protection requirements, the height of
loaded goods shall not exceed 4,2 meters;
b) If the payload weights from 2,5 tonnes to less
than 5 tonnes as prescribed in the Certificate of inspection of vehicle for
compliance with technical safety and environmental protection requirements, the
height of loaded goods shall not exceed 3,5 meters;
c) If the payload weights less than 2,5 tonnes as
prescribed in the Certificate of inspection of vehicle for compliance with
technical safety and environmental protection requirements, the height of
loaded goods shall not exceed 2,8 meters;
3. c) The height of loaded goods on trailer trucks
from the road surface shall not exceed 4,35 meters.
4. If the vehicle carries bulk cargo, building
materials or scraps, the height of loaded goods shall not exceed the height of
the box that is prescribed in point dd clause 1 Article 49 of the Law on Road
Traffic Order and Safety.
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Article 17. Width and length
of goods loaded onto road traffic vehicles
1. The width of loaded goods on a road motor
vehicle is the width of the box as designed and as prescribed in the Certificate
of inspection of vehicle for compliance with technical safety and environmental
protection requirements.
2. The length of loaded goods on a road motor
vehicle shall not exceed 1,1 times the total length of the vehicle as designed
and as prescribed in the Certificate of inspection of vehicle for compliance
with technical safety and environmental protection requirements and not be
longer than 20,0 meters.
3. Goods and luggage loaded onto a passenger
vehicle shall not exceed the outer dimensions of the vehicle. It is not
permissible to load goods and luggage on the roof of the vehicle to ensure
traffic safety, except in cases where the design is certified by the registry.
4. The width and length of goods loaded on
motorcycles and mopeds shall comply with clause 5 Article 33 of the Law on Road
Traffic Order and Safety.
5. The width and length of goods loaded on
non-motorized vehicles shall comply with clause 5 Article 31 of the Law on Road
Traffic Order and Safety.
Article 18. Regulations on
loading bulk cargoes
1. Bulk cargo shall be transported by a vehicle
with an appropriate cargo compartment, ensuring that the cargo is fully
protected and not spilled. The maximum height of the cargo shall comply with
clause 4 Article 16 of this Article.
2. Bulk cargo shall be loaded and covered in
accordance with guidelines in Appendix XII attached to this Circular.
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1. Heavy breakbulk cargoes contained in hard and
steady packages shall be positioned at the bottom.
2. Breakbulk cargoes similar in sizes shall be
positioned together.
3. Breakbulk cargoes that tend to slightly tilt
shall be positioned at the middle, thereby minimizing misalignment during
transport.
4. Any gaps between the breakbulk cargoes shall be wedged
to avoid collision and displacement during transport. Cargoes shall be secured
if there are still unused spaces in cargo boxes after they are positioned.
Article 20. Regulations on
loading cylindrical cargoes
1. A cylindrical cargo shall be positioned parallel
or perpendicular to the length of the vehicle, depending on the ratio of its
length to the length of the cargo box.
2. If the height of a cylindrical cargo is smaller
than or equal to the diameter, it shall be positioned upright (perpendicular to
the cargo compartment floor) or in accordance with guidelines of the
manufacturer.
3. The cylindrical cargo shall be secured to the
side of the vehicle or placed in specialized cargo boxes, on shelves or racks
with equipment for wedging and securing, thereby protecting the cargo from
displacement in any direction during the transport.
4. If cylindrical cargoes with smooth surfaces are
stacked up, pads shall be placed between them to prevent slipping.
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Article 21. Regulations on
loading cargoes on containers, and containers on vehicles
1. Cargoes shall be loaded on a container according
to the following requirements:
a) The container shall be suitable for the types
and characteristics of cargoes;
b) Cargoes inside the container shall be wedged and
choked to avoid displacement during transport;
c) The maximum weight of each container or cargo
therein is prescribed in TCVN 7553:2005 (ISO 668 : 1995) on series 1 freight
containers - classification, dimensions, and nominal weight;
d) Cargoes shall be loaded in containers in
accordance with guidelines in Appendix XIV attached to this Circular.
2. Containers shall be transported by a tractor
towing trailer or semi-trailer or a container truck that suits the type of
containers.
3. Containers shall be designed and produced
according to national technical regulations on inspection and production of
containers on vehicles. Containers shall be fixed to a vehicle by catches to
avoid displacement during transport;
Chapter VI
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Article 22. General
regulations on issuance of licenses to operate vehicles
1. Licenses to operate vehicles shall be
issued in the following cases:
a) Cases prescribed in points a and c, clause 3,
Article 52 of the Law on Road Traffic Order and Safety;
b) Serving national defense and security tasks at
the requests of national defense and security authorities and units;
c) Serving natural disaster remediation tasks at
the requests of authorities or organizations managing constructions,
commune-level People’s Committees or higher;
d) Serving emergency duties at the requests of
authorities or organizations managing constructions, commune-level People’s
Committees or higher;
dd) Transporting oversize/overload load in cases
where vehicle owners, transport service providers, consignors or vehicle
operators have a proposal stating the reasons why transporting goods by rail,
inland waterway, air, or sea is not suitable or combining road transport with
other modes of transport is required after they conduct research and survey.
2. Licenses to operate vehicles are issued
for specific routes and either one-way or two-way travel for each trip or
series of trips (in case of transportation in series of trips with similar
overall dimensions, gross weight, and axle load on the same road).
3. Licenses to operate vehicles shall not be issued
in cases where the cargoes exceed the permissible payload according to the
vehicles’ designs prescribed in the Certificate of inspection of vehicle for
compliance with technical safety and environmental protection requirements.
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a) In respect of overload vehicles, overdimension
vehicles, vehicles carrying oversize/overweight cargoes that, during traffic
participation, are not required to adhere to mandatory conditions such as
driving in appropriate lanes, being accompanied by traffic safety assistants or
vehicles, having warnings for other road users and vehicles, or implementing
road reinforcement, the validity period of licenses to operate vehicles shall
be up to 90 days in case of operation on roads that have been uniformly
renovated and upgraded or up to 30 days in case of operation on roads that have
not been uniformly renovated and upgraded;
b) In respect of overload vehicles, overdimension vehicles,
vehicles carrying oversize/overweight cargoes that, during traffic
participation, are required to adhere to mandatory conditions such as driving
in appropriate lanes, being accompanied by traffic safety assistants or
vehicles, having warnings for other road users and vehicles, or implementing
road reinforcement, the validity period of licenses to operate vehicles shall
be up to 30 days;
c) In respect of self-propelled tracked vehicles,
the validity period of licenses to operate vehicles is the duration of a trip
when such vehicles depart until they reach their destination, and up to 30
days;
d) The validity period of the licenses to operate
vehicles prescribed in points a, b and c of this clause shall be within the
validity period of the Certificate of inspection of vehicle for compliance with
technical safety and environmental protection requirements. If the validity
period of the Certificate of inspection of vehicle for compliance with
technical safety and environmental protection requirements is shorter than the
validity period prescribed in points a, b and c of this clause, the validity
period of the licenses to operate vehicles is the time limit of the Certificate
of inspection of vehicle for compliance with technical safety and environmental
protection requirements.
5. The sample license to operate overload vehicles,
overdimension vehicles, tracked vehicles, vehicles carrying oversize/overload
load is prescribed in Appendices III and IV attached to this Circular.
Article 23. Procedures for
issuance of licenses to operate vehicles
1. Organizations and individuals shall submit 01
set of dossier in person or via post service or via the online public services
system to competent authorities as prescribed in Article 24 of this Circular.
2. The dossier includes:
a) An application according to the Form in Appendix
I and Appendix II attached to this Circular;
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c) A copy of the Certificate of inspection of
vehicle for compliance with technical safety and environmental protection
requirements or a copy of the report on specifications of the vehicle provided
by the manufacturer (for temporary vehicle registration);
d) A transport solution including: information on
transport routes (specific place of departure and destination, names of roads,
turning locations); information on transporting vehicles; information on
cargoes verified by consignors (parameters regarding length, width, and height
(D x R x C) (length x width x height) in meters, weights; transport contracts
or documents designating transport service providers of consignors; reports on
survey results; proposals from competent authorities (for cases prescribed in
points b, c and d, clause 1, Article 22 of this Circular);
dd) Reports on road reinforcement results (if road
reinforcement is required).
3. Article 23. Procedures for issuance of licenses
to operate vehicles
a) Receipt and review of the dossier
Regarding dossier submitted in person, the
competent authorities shall review the dossier within the day. If the dossier
is not valid, a written instruction for amendments to the dossier shall be sent
to organizations and individual to. If the dossier is valid, competent
authorities shall receive the dossier and issue an appointment slip for return
of the result.
Regarding dossier submitted by post or via online,
competent authorities shall review the dossier within 02 working days from the
receipt of the dossier. If the dossier is not valid, a written
instruction for amendments to the dossier shall be sent to organizations and
individual to. If the dossier is valid, competent authorities shall receive and
issue process the dossier as prescribed in point b of this clause.
b) Appraisal of the dossier and return of the
result
Within 01 working day from the receipt of valid
dossier, competent authorities shall issue licenses to operate vehicles. A
written document stating clear reasons shall be issued in case of ineligibility
for issuance of the licenses.
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Article 24. Authority for
issuance of licenses to operate vehicles
1. The Departments of Transport shall issue
licenses to operate overload vehicles, overdimension vehicles, tracked
vehicles, vehicles carrying oversize/overload load nationwide for the following
cases:
a) Organizations and individuals applying for
licenses to operate vehicles that have business registration address or
operation address within in the same province as respective Departments of
Transport, except for cases in point c clause 2, clause 3 of this Article;
b) Vehicles or transported cargoes departing from
or arriving at the same province as respective Departments of Transport, except
for cases in point c clause 2, clause 3 of this Article;
c) Vehicles serving national defense and security,
natural disaster remediation, emergency duties and energy constructions where
point of departure and destination of the vehicles or transported cargoes are
in the same jurisdiction of the Departments of Transport.
2. The Departments of Road Management shall issue
licenses to operate overload vehicles, overdimension vehicles, tracked
vehicles, vehicles carrying oversize/overload load nationwide for the following
cases (except for cases in clause 3 of this Article):
a) Organizations and individuals applying for
licenses to operate vehicles that have business registration address or
operation address within in the same province as respective Departments of Road
Management;
b) Vehicles or transported cargoes departing from
or arriving at the same province as respective Departments of Road Management;
c) Vehicles serving national defense and security,
natural disaster remediation, emergency duties and energy constructions where
point of departure and destination of the vehicles or transported cargoes are
in the same jurisdiction of the Departments of Road Management.
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Article 25. Responsibilities
of authorities for issuance of licenses to operate vehicles
1. Issue the licenses to eligible applicants and in
accordance with conditions of roads, vehicles, and ensure traffic safety.
2. Select routes to ensure safety for traffic and
road works.
3. Specify safety conditions in licenses to operate
vehicles in conformity with conditions for operation of the routes based on
outer dimensions of the vehicles and cargoes when approving licenses for
operation on expressways.
4. Provide current conditions of roads under their
management at the request of organizations/individuals or of relevant agencies.
5. Authorities issuing licenses to operate vehicles
prescribed in clauses 1 and 2, Article 24 of this Circular shall notify to the
Departments of Transport and Departments of Road Management taking charge of
areas where business registration address or operation address of license
holders is located, and areas where vehicles or transported cargoes depart from
or arrive at).
6. Notify issued licenses to operate vehicles to
Traffic police authorities as prescribed in clause 7 Article 52, clause 5
Article 53 of the Law on Road Traffic Order and Safety by post or share data to
the database of the Departments of Traffic Police of the Ministry of Public
Security or the Divisions of the Traffic Police where the vehicles go by.
7. Revoke licenses to operate vehicles in cases of
violations of requirements in the licenses or causing damage to road works
without completing the compensation, repair, or remedial works.
Regarding revocation of licenses to operate
vehicles: The competent authorities shall issue decision on revocation within
03 working days from the discovery of violations, notify relevant authorities,
and publish information on the website of the authority revoking the licenses.
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a) Authorities issuing licenses to operate vehicles
shall store dossiers and documents related to issuance of licenses to operate
vehicles;
b) The time limit for storage of issuance of
licenses to operate vehicles is 05 years. The time limit for storage of
documents prescribed in clause 2 Article 23 of this Circular is 03 years.
Chapter VII
RESPONSIBILITIES OF
ORGANIZATIONS AND INDIVIDUALS
Article 26. Responsibilities
of the Department for Roads of Vietnam
1. Organize implementation of regulations on load
capacities, dimensional limits of roads and loading goods on road traffic
vehicles in accordance with this Circular.
2. Inspect and handle violations on loading goods
on road traffic vehicles.
3. Organize professional trainings on issuance of
licenses to operate vehicles.
4. Inspect, handle or propose methods for handling
violations of organizations and individuals issuing licenses to operate
vehicles in accordance with the law.
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1. Organize implementation of regulations on load
capacities, dimensional limits of roads and loading goods on road traffic
vehicles in accordance with this Circular.
2. Review and handle violations on loading goods on
road traffic vehicles.
3. Comply with the inspection and supervision of
issuance of licenses to operate vehicles of competent authorities.
4. Report the situation on issuance of licenses to operate
vehicles to the Department for Roads of Vietnam quarterly and annually using
the Forms in Appendices V, VI, VII, VIII attached to this Circular. The time
for submitting quarterly report is before the 20th at the end of the
quarter, and annual report is before December 15 of every year.
Article 28. Responsibilities
of the Departments of Road Management
1. Comply with the inspection and supervision of
issuance of licenses to operate vehicles of competent authorities.
2. Report the situation on issuance of licenses to
operate vehicles to the Department for Roads of Vietnam quarterly and annually
using the Forms in Appendices V, VI, VII, VIII attached to this Circular. The
time for submitting quarterly report is before the 20th at the end of the
quarter, and annual report is before December 15 of every year.
Article 29. Responsibilities
of transport service providers, vehicle operators and escorts
1. Responsibilities of transport service providers:
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b) Provide the following information to vehicle
operators, escorts and cargo handlers before transporting: characteristics,
dimensions and weights of goods and cargoes, permissible payload of the
vehicle, load capacities and dimensions of all routes; take responsibility for
provided information;
c) Fully provide equipment for covering, securing,
wedging and padding cargoes, thereby serving the load of cargoes in accordance
with regulations on loading cargoes;
d) Disseminate information and provide instructions
on cargo positioning for vehicle operators, escorts and cargo handlers in
accordance with the law.
2. Responsibilities of vehicle operators and
escorts:
a) Comply with Article 63 of the Law on Road;
b) Comply with regulations on operation of overload
vehicles, overdimension vehicles, tracked vehicles, vehicles transporting
oversize/overweight load on roads and loading goods on road traffic vehicles;
c) Before transporting cargoes, inspect such
cargoes on vehicles in order to ensure that they are positioned, secured and
wedged; compare cargoes and information provided by the transport service
provider and guidelines of the manufacturer in order to avoid transporting
cargoes in excess of the maximum permissible payload.
Article 30. Responsibilities
of consignors
1. Comply with Article 64 of the Law on Road.
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3. Provide the carrier with information about
characteristics, dimensions, and weight of goods and cargoes, requirements for
loading cargoes on vehicles and guidelines of the manufacturer (if any); take
responsibility for the accuracy of the provided information.
Article 31. Responsibilities
of cargo handlers
1. Comply with regulations on loading cargoes.
2. Receive all information provided by the
transport service provider and guidelines of the manufacturer to load cargoes
on vehicles, comply with guidelines of vehicle operators and escorts.
3. Do not position cargoes on vehicles in excess of
maximum permissible payloads and load capacities and dimensional limits of
roads when transporting them. Do not load cargoes on vehicles when the
transport service provider provides vehicles that are not suitable for size and
weight of cargoes to be transported.
Chapter VIII
IMPLEMENTATION
Article 32. Effect
1. This Circular comes into force from January 01,
2025.
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a) Circular No. 46/2015/TT-BGTVT dated September
07, 2025 of the Minister of Transport on load capacities and dimensional limits
of roads; operation of overload vehicles, overdimension vehicles and tracked
vehicles on public roads; transport of oversize/overweight load; limits on
amount of goods loaded onto road vehicles running on public roads;
b) Article 5 of Circular No. 36/2020/TT-BGTVT dated
December 24, 2020 of the Minister of Transport on amendments to some articles
of Circulars on reporting regimes in the field of road;
c) Article 10 of Circular No. 06/2023/TT-BGTVT
dated May 12, 2023 of the Minister of Transport on amendments to some articles
of Circulars related to management, operation, maintenance and protection of
roads;
d) Circular No. 35/2023/TT-BGTVT dated December 13,
2023 of the Minister of Transport on amendments to Circular No.
46/2015/TT-BGTVT dated September 7, 2015 of the Minister of Transport on load
capacities and dimensional limits of roads; operation of overload vehicles,
overdimension vehicles and tracked vehicles on public roads; transport of
oversize/overweight load; limits on amount of goods loaded onto road vehicles
running on public roads.
dd) Circular No. 41/2023/TT-BGTVT dated December
29, 2023 of the Minister of Transport on positioning cargoes on road vehicles;
3. In cases where legislative documents prescribed
in this Circular are amended, supplemented, or replaced, the newer documents
shall take effect.
Article 33. Transitional
provisions
1. Dossiers for issuance of licenses to operate
vehicles receipt before the effective date of this Circular shall be carried out
in accordance with the law at the time of submitting the dossiers.
2. Licenses to operate vehicles issued before the
effective date of this Circular remain valid until the expiration date
prescribed on the licenses./.
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PP.
PP. MINISTER
DEPUTY MINISTER
Nguyen Duy Lam