MINISTRY OF
TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
89/2014/TT-BGTVT
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Hanoi, December
31, 2014
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CIRCULAR
ON AMENDMENTS TO CIRCULAR
No. 29/2009/TT-BGTVT DATED NOVEMBER 17, 2009 BY THE MINISTRY OF TRANSPORT
PROVIDING GUIDANCE ON 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 Agreement on the facilitation of
cross-border transport of goods and people in Greater Mekong Subregion (GMS
Agreement) signed on November 11, 1999 in Vientiane, amended on April 30, 2004
in Phnom Penh, Cambodia and the Annexes, Protocols of the Agreement;
Pursuant to Decree No. 107/2012/NĐ-CP dated
December 20, 2012 by the Government defining the functions, tasks, entitlements
and organizational structure of the Ministry of Transport;
At the request of the Head of the Department of
international cooperation and the General Director of the Directorate for Roads
of Vietnam,
The Minister of Transport promulgates this
Circular providing amendments to Circular No. 29/2009/TT-BGTVT dated November 17,
2009 by the Ministry of Transport providing guidance on 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.
Article 1. Amendments to Circular No. 29/2009/TT-BGTVT
dated November 17, 2009
1. Clause 4 of Article 4 is amended as follows:
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2. Point d clause 1 of Article 6 is amended as
follows:
d) Qualifications: A person who is in charge of the
transport management of an enterprise/cooperative must have at least an
associate degree in transport or a college degree in economics or other
technical disciplines. Such person must have at least 3 constant years working
at a transport company or has held a manager position in a transport company
for at least 03 years (regarding enterprise/cooperative not compelled to have
licenses for automobile transportation).”
3. Clause 2 and 3 of Article 6 are amended as
follows:
“2. The application shall include:
a) An application form for the GMS international
road transport license according to the form in Annex 1 enclosed with this
Circular;
b) A certified true copy or a copy enclosed with
the original of the business license in automobile transportation (with regard
to enterprise/cooperative compelled to have licenses for automobile
transportation) or Certificate of Business registration of the business of
automobile transportation (with regard to enterprise/cooperative not compelled
to have licenses for automobile transportation);
c) A certified true copy or a copy enclosed with
the original of the diplomas, certificates of the person who is directly in
charge of the transport operation of the enterprise/cooperative (with regard to
enterprises/cooperatives not compelled to have business license of automobile
transportation);
d) The financial statements of the
enterprise/cooperative in the latest 3 years, certified by a local financial
agency or an auditing firm.
3. The licensing authority and the licensing
procedure:
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b) The licensing procedures:
Enterprises/cooperatives shall submit an
application to the Directorate for Roads of Vietnam. The licensing authority
receives and examines the documents. With regard to the application submitted
directly, if the documents are not satisfactory, the licensing authority shall promptly
notify the enterprise/cooperative within the day to request the supplement.
With regard to the application sent by post or other methods, if the documents
are not satisfactory, within 2 working days from the day on which the
application is received, the licensing authority shall send a written request
for completion of the application to the applicant.
Within 02 working days from the day on which the
satisfactory application is received, the licensing authority shall issue the
license to the applicant. If the application is rejected, the licensing
authority shall send the applicant a written response containing the
explanation.
c) Enterprises/cooperatives shall pay for the
licensing fees specified by the Ministry of Finance.”
4. Article 7 is amended as follows:
“1. Conditions applied to licensed vehicles
The vehicles under the legal ownership of
enterprises/cooperatives that have been issued with the License for GMS
international road transport shall be issued with the GMS Road Transport Permit
for transport of goods and passengers.
2. 2. The application shall include:
a) An application form for GMS Road Transport
Permit for vehicles as prescribed in Annex 2 enclosed with this Circular;
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c) A certified true copy or a copy enclosed with
the original of the transport registration and the transport leasing contract
with organizations/individuals leasing finance or property, the leasing
contract between the cooperative and it members, regarding the automobiles not
under the ownership of the transportation operation units;
d) A certified true copy or a copy enclosed with
the original of the Certificate of technical safety and environmental safety;
dd) A certified true copy or a copy enclosed with
the original of the Certificate of civil liability insurance for motor vehicles
to the third party.
3. Licensing agencies and licensing procedure
a) Licensing agencies:
The Services of Transport of the provinces where
the checkpoints that apply GMS Agreement are located are entitled to issue
permits for vehicles of local enterprises/cooperatives.
Enterprises/cooperatives of the provinces that do
not have any checkpoint applying GMS Agreement may submit the applications to
the Directorate for Roads of Vietnam or the Service of Transport of any
province having checkpoint specified in GMS Agreement.
b) Licensing procedures
Enterprises/cooperatives shall submit 01
application to a licensing authority. The licensing authority receives,
examines the application. With regard to the application submitted directly, if
the documents are not satisfactory, licensing authority shall promptly notify
the applicant to request the supplement. With regard to the application submitted
by post or other methods, if the documents are not satisfactory, within 02
working days from the day on which the application is received, the licensing
authority shall make a written response to the applicant containing a request
for completion of the application.
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c) Enterprises/cooperatives shall pay the fees for
the issuance according to the regulation of the Ministry of Finance.
4. The revocation and reissuance of GMS Road
Transport Permit
a) The licensing authority is entitled to revoke
the license of the enterprise/cooperative that fails to implement the
regulation written on the license or commits the violations against the
regulation on transport operation management;
b) When the GMS Road Transport Permit expires or
gets lost, enterprises/cooperatives shall make an application for reissuance as
prescribed in clause 2 of this Article (if the permit is lost, reasons for the
loss must be included in the application). The expired permit must be enclosed
with the application for reissuance and returned to the licensing authority.
5. The GMS Road Transport Permit is valid within 01
year from the day on which it is issued.
6. The form of the permit and the transport book:
a) The form of the GMS Road Transport Permit is
presented in Annex 3 enclosed herewith;
b) The form of the transport book for the vehicle
is presented in Annex 4 enclosed herewith.
7. The extension of GMS Road Transport Permit and
the duration of vehicles of the member states of the GMS Agreement in Vietnam
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b) Entitlement to grant the extension: the Services
of Transport of provinces;
c) The application shall include: GMS Road
Transport Permit (the original), transport book of the vehicles (the original);
the vehicles registration (certified true copy or the copy enclosed with the
original for comparison); the application form for extension as presented in
Annex 5 enclosed herewith;
d) Processing of the application
Organization/individual shall submit directly 01
application to the Services of Transport of the province where the vehicle is
determined to have the permit expired or to exceed the allowable time to be in
Vietnam.
Within 01 working day from the day on which the
satisfactory application is received, Service of Transport shall grant the
extension for GMS Road Transport Permit to the vehicle of the member states of
the GMS Agreement. The extension is presented in the Extension section in
transport book of the vehicle. If the extension is rejected, there must be a
written response containing the explanation within the day the application is
received.”
5. Article 11 is amended as follows:
“1. Directorate for Roads of Vietnam is responsible
for:
a) Building up software to manage the conformity of
the transport operation to the GMS Agreement;
b) Organizing the management, providing guidance
and conducting an inspection for the conformity of the transport operation to
GMS Agreement;
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2. Services of Transport of provinces shall notify
this Circular to relevant local organizations/individuals and monitor the
implementation of it.
3. Services of Transport of provinces having
checkpoints that apply GMS Agreement shall issue GMS Road Transport Permit to
the vehicles of local enterprises/cooperatives and other
enterprises/cooperatives getting through the checkpoint of their provinces
basing on vehicle quota in the transport management software for the operation
that apply GMS Agreement.”
6. Annexes 1, 2, 3, 4 enclosed herewith replace
respectively the Annexes 5, 6, 7, 8 of Circular No. 29/2009/TT-BGTVT dated
November 17, 2009 by the Minister of Transport.
7. Annex 5 is additionally enclosed herewith.
Article 2. Effect and implementation
1. This Circular takes effect on December 03, 2015
2. The Chief of the Ministry Office, the Chief
Inspector, the Director of Department, General Director of Directorate for
Roads of Vietnam, Director of the Services of Transport of provinces, Heads of
organizations and individual who are relevant to the regulations in this
Circular are responsible for the implementation.
3. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Transport
for consideration and resolution./.
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THE MINISTER
Dinh La Thang