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THE MINISTRY
OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
29/2009/TT-BGTVT
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Hanoi,
November 17th 2009
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CIRCUALAR
GUIDING THE
IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE AGREEMENT ON THE FACILITATION OF
CROSS-BORDER TRANSPORT OF GOODS AND PEOPLE IN GREATER MEKONG SUBREGION
Pursuant to the Law on Road traffic dated
November 13th 2008;
Pursuant to the Agreement on the facilitation
of cross-border transport of goods and people in Greater Mekong Subregion (GMS
agreement) signed on November 26th 1999 in Vientiane, amended on
April 30th 2004 in Phnom Penh - Cambodia, and the Annexes, Protocols
of this Agreement;
Pursuant to the Government's Decree No.
51/2008/NĐ-CP dated April 22nd 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Transport;
The Minister of Transport guides the
implementation of a number of articles of GMS agreement as follows:
Article 1. Scope of
regulation
This Circular specifies a number of articles of
GMS Agreement on the vehicles, their operators, the agencies entitled to
license the cross-border transport of goods and people in Greater Mekong
Subregion.
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This Circular is applicable to the organizations
and individuals relevant to the cross-border transport of goods and people in
Greater Mekong Subregion.
Article 3. The activity
ranges of vehicles
1. The vehicles of enterprises and cooperatives
being issued with the GMS road transport permit may only transport goods and
passengers along the corridors, routes, and border checkpoints prescribed in
Annex 1 enclosed with this Circular.
2. The vehicles may not transport goods or
passengers between two points situated within the territory of the other
contracting party.
Article 4. Regulations on
vehicles
1. Types of vehicles:
a) Passenger vehicles: are vehicles that have at
least 10 seats, including the driver’s;
b) Cargo vehicles: trucks, tractors, and
semi-trailers.
2. The distinguishing sign of vehicles: apart
from the license plate, each vehicle in cross-border transport must bear the
distinguishing sign of its country on its back (not overlapping its license
plate) The distinguishing sign of Vietnam is provided in Annex 2 enclosed with
this Circular.
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a) The registration certificate of the vehicle:
b) The environmental safety and technical
inspection certificate;
c) The GMS road transport permit enclosed with
the logbook of the vehicle activities;
d) The list of passengers, applicable to
passenger vehicles, according to the form in Annex 3a and 3b enclosed with this
Circular, or the consignment note, applicable to cargo vehicles, according to
the form in Annex 3c enclosed with this Circular;
dd) The certificate of third-party motor vehicle
liability insurance;
The papers that are not printed in both
Vietnamese and English must be enclosed with their English translations,
certified by the agency that issued such papers, or a legal notary office.
4. A vehicle may stay within the territory of
the Host country within 30 days from the entry date. Each extension due to
legitimate reasons (such as natural disasters, accidents, extended repairs)
shall not exceed 10 days from the deadline for exit.
Article 5. Regulations on
drivers, attendants, and passengers.
1. The driver must bring the following unexpired
documents when crossing the border:
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b) The driving license printed in both
Vietnamese and English. The driving license without English language must be
enclosed with its English translation according to Annex 4 enclosed with this
Circular. The agency that issues the translation of the driving license is the
agency that issues the driving license.
2. The passengers and attendants must present their
passports or equivalent papers, and the visas issued by competent agencies
(unless it is exempt);
3. The driver, passengers, and attendants must
be subject to the inspection and controlled of specialized agencies at the
border checkpoint when they enter or exit the country at a border checkpoint.
Article 6. Issuing the
Licenses for international road transport to enterprises and cooperatives.
1. The licensing conditions: enterprises and
cooperatives established in accordance with Vietnam’s law that satisfy the
following conditions:
a) The capital ratio: The capital held by
Vietnamese citizens in the transport enterprise or cooperative must make up at
least 51% of its total capital;
b) The employee ratio: The Vietnamese employees
make up at least 51% of the its executives (including Director, Deputy Director
of the enterprise, President, Deputy President of the cooperative, Managers of
their departments);
c) Reliability:
- The enterprise does not violate the
regulations on economic contracts and other regulations of Vietnam’s law;
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d) The proficiency: The person in charge of the
transport business of the enterprise or cooperative must have a bachelor’s
degree in road transport, or have a bachelor’s degree in other disciplines and
has held the managerial positions in transport enterprises and cooperatives for
at least 03 years.
dd) The financial capacity: the financial
resources must be sufficient for the management of the enterprise or
cooperative, and for paying the transport activities. The business is
profitable during the latest 3 years prior to the date of application.
2. The application dossier:
a) The application for the License for
international road transport according to the form in Annex 5 enclosed with
this Circular.
b) The Certificate of transport registration of
the enterprise or cooperative (a valid copy or a copy enclosed with the
original for comparison).
c) The professional qualification in transport
of the person in charge of the transport business of the enterprise or
cooperative (a valid copy or a copy enclosed with the original for comparison),
attached with the labor contract with the enterprise.
d) The Financial statements in the latest 3
years, certified by a local financial agency or auditing firm. For new
enterprises and cooperatives, the documents proving their financial capacity
are required.
3. The licensing agency and the licensing
procedure:
a) The Ministry of Transport or an agency
delegated by the Ministry of Transport shall issue the Licenses for
international road transport.
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c) Within 15 working days from the date on which
the complete and valid dossier is received, the licensing agency shall examine
the dossier and issue the license. The refusal to issue the license must be
notified and explained to the enterprise or cooperative in writing.
d) The licensing fees shall be specified by the
Ministry of Finance.
4. The revocation and reissuance of Licenses for
international road transport.
a) The revocation.
If the licensed enterprise or cooperative fails
to satisfy the conditions for licensing stated above, the licensing agency is
entitled to revoked the issued license.
b) The reissuance
When the License is expired or lost, the
enterprise or cooperative shall make an application for the new License as
prescribed above. The expired License must be returned to the licensing agency.
c) The License for international road transport
is valid for 05 years.
d) The form of the License for international
road transport is provided in Annex 6 enclosed with this Circular.
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1. Conditions for licensing
The vehicles within the legal right to use of
the enterprises and cooperatives that have been issued with the License for
international road transport shall be issued with the GMS road transport
permits for transporting goods and passengers in accordance with the GMS
agreement.
2. The application documents:
a) The application for the GMS road transport
permit according to the form in Annex 7 enclosed with this Circular.
b) The copy of the car registration certificate;
c) The copies of the documents proving the legal
right to use the vehicle of the enterprise or cooperative;
d) The copy of the environmental safety and
technical inspection certificate;
dd) The certificate of third-party motor vehicle
liability insurance.
3. The licensing agency and the licensing
procedure:
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b) The licensing agencies shall receive the
dossier and issue the GMS road transport permits to vehicles as prescribed.
c) Within 15 working days from the date on which
the complete and valid dossier is received, the licensing agency shall examine
the dossier and issue the license. The refusal to issue the license must be
notified and explained to the enterprise in writing.
d) If vehicles are added or replaced, the
enterprise or cooperative shall send an application enclosed with the list of
vehicles as prescribed in Points a, b, c, d, and dd Clause 2 this Article to
the licensing agency. The licensing agency shall write the license number of
the new vehicle on the permit, and issue a logbook to monitor the activities of
the new vehicle.
dd) The licensing fees shall be specified by the
Ministry of Finance.
4. The revocation and reissuance of GMS road
transport permits to vehicles.
a) The revocation.
If the licensed vehicles fails to satisfy the
conditions for licensing stated above, the licensing agency is entitled to
revoked the issued license.
b) The reissuance
When the permit is expired or lost, the
enterprise or cooperative shall make an application for the new License as
prescribed above. The expired permit must be returned to the licensing agency.
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d) The form of the permit and logbook:
- The form of the GMS road transport permit is
provided in Annex 8 enclosed with this Circular.
- The form of the logbook is provided in Annex 9
enclosed with this Circular.
Article 8. The transport
fess
1. Depending on the market, the fees for
scheduled passenger transport and passenger transport by taxi shall be
registered with competent financial agencies by the enterprise or cooperative.
2. The fees for contractual passenger transport
and cargo transport according to the market mechanism shall be agreed by both
parties.
Article 9. Tickets and
transport contracts
1. Tickets, transport contracts, and the luggage
registration note shall be printed in both Vietnamese and English.
2. The tickets and transport contracts contain:
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b) The starting point and destination
c) The date of the trip and the period of
validity of the ticket;
d) The transport fees;
dd) Some regulations on the legal liability of
the participants in the transport.
3. The luggage registration note shall be
printed in both Vietnamese and English, including:
a) The name and address of the courier;
b) The departure and destination
c) The date of the trip;
d) The transport fees;
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e) Some regulations on the legal liability of
the participants in the transport.
Article 10. Effects
This Circular takes effect after 45 days from
the date on which it is signed.
Article 11. Implementation
organization
1. The Directorate for Road of Vietnam
a) During the experimental implementation of the
GMS agreement, the Ministry of Transport shall delegate the Directorate for
Road of Vietnam to issue the Licenses for international road transport to
enterprises and cooperatives, and issue the GMS road transport permits to
vehicles according to the licensing plan approved by the Ministry of Transport.
b) Organize the management, guide and inspect
the conformity of the road transport activities to the GMS agreement;
c) Print and issues the distinguishing sign of Vietnam,
lists of passengers, Licenses for international road transport, GMS road
transport permits, and logbooks of vehicle activities in accordance with the
form enclosed with this Circular.
2. The Services of Transport of
central-affiliated cities and provinces shall cooperate with the Directorate
for Road of Vietnam in guide the relevant local agencies and enterprise to
implement this Circular.
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4. The Chief of the Ministry Office, the Chief
Ministerial Inspector, Directors of Departments affiliated to Ministries, the
Director of Directorate for Road of Vietnam, the Directors of Services of
Transport, relevant organizations and individuals are responsible for the
implementation of this Circular.
THE MINISTER
Ho Nghia Dung
