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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 158/2024/ND-CP
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Hanoi, December
18, 2024
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DECREE
ROAD
TRANSPORT
Pursuant to the Law on Government Organization dated
June 19, 2015; the Law on amendment to the Law on Government Organization and
the Law on Local Government Organization dated November 22, 2019;
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 the Law on Investment dated June 17,
2020;
For implementation of the ASEAN Framework
Agreement on Facilitation of Goods in Transit signed on December 16, 1998 and
Protocols thereof;
For implementation of the ASEAN Framework Agreement
on Facilitation of Inter-country Transport signed on December 10, 2009;
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For implementation of the Agreement on
Facilitation of the Movement of Goods and Persons Across Borders of the Greater
Mekong Subregion, signed on November 26, 1999, as amended on April 30, 2004 and
its Annexes, Protocol for the Implementation of the Agreement;
For the implementation of the Road Transport
Agreement between the Government of the Socialist Republic of Vietnam and the
Government of the People's Republic of China signed on November 22, 1994 and
the revised Protocol, the Protocol on implementation of Agreement;
For the implementation of the Agreement on
facilitation for road motor vehicles to cross the border between the Government
of the Socialist Republic of Vietnam and the Government of the Lao People's
Democratic Republic signed on April 23, 2009 and the Protocol for the
Implementation of the Agreement;
For the implementation of the Road Transport
Agreement between the Government of the Socialist Republic of Vietnam and the
Royal Government of Cambodia signed on June 1, 1999, and the revised Protocol,
the Protocol on implementation of the Agreement;
For the implementation of 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;
Pursuant to the Law on Promulgation of
Legislative Documents dated June 22, 2015; the Law on Amendments to the Law on
Promulgation of Legislative Documents dated June 18, 2020;
At request of the Minister of Transport;
The Government of Vietnam promulgates a Decree
on road transport.
Chapter I
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Article 1. Scope
This Decree provides for transport business using
automobiles and motorized 4-wheeled vehicles, business conditions, issuance and
revocation of licenses for using automobiles and motorized 4-wheeled vehicles;
issuance and revocation of vehicle permit sticker stickers; internal transport
by automobiles; procedures for issuance, re-issuance and revocation of
cross-border transport permits and vehicle cross-border transport permits of
transport businesses and vehicles; extension of the operation time of foreign
vehicles in Vietnam participating in the transport of people and goods between
Vietnam and other countries under international treaties to which Vietnam is a
party.
Article 2. Regulated entities
1. This Decree applies to organizations and
individuals doing or involved in transport business using automobiles and
motorized 4-wheeled vehicles; international road transport between Vietnam and
other countries under international treaties to which Vietnam is a party.
2. This Decree does not apply to entities exempted
from permits under the provisions of international treaties on cross-border
road transport to which Vietnam is a party.
Article 3. Interpretation of
terms
For the purpose of this Decree, the terms below
shall be construed as follows:
1. A “station” can be a bus station or a cargo
station. A bus station enables vehicles to pick up and drop off passengers and
provides auxiliary passenger transport services; a cargo station enables trucks
to load and unload cargo and provides auxiliary cargo transport services.
2. “paratransit” or “intermediate public transport”
means a free-of-charge service by a fixed-route passenger transport business or
by a bus station in which automobiles are used to transport passengers to or
from the bus station or at fixed route’s pick-up or drop-off points located in
the province where the route starts or ends.
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4. “departure time” of a trip means the time at
which an automobile must depart from a bus station.
5. “journey" means a fixed way taken by an
automobile and determined according to its departure point, arrival point and
other stops along the way.
6. “schedule" means the time taken by an
automobile to complete a route starting from its departure to its arrival,
including the times the automobile reaches certain positions along the journey.
7. “timetable” means a compilation of schedules and
journeys of vehicles at consistent intervals over a certain period of time.
8. “safety management department” of a transport
business means a department established by the service provider to monitor,
supervise and manage operation of drivers and vehicles in order to ensure
traffic safety throughout the transport business operation.
9. “commercial vehicle” means a vehicle used to
transport goods and/or passengers for commercial purposes.
11. “transport licensing database” means a
collection of electronic information about transport business licenses, vehicle
permit sticker stickers, transport businesses, vehicles, cross-border transport
permits and vehicle cross-border transport permits; transport routes; stations;
12. “transport coordinator” means an employee of
the transport business who is assigned in writing to coordinate transport
activities and participate in performance of duties of the safety management
department of the transport business.
13. “fixed route” means a passenger transport route
announced by a competent authority and the journey, schedule, departure station
and arrival station (or bus terminus for bus routes) of which are
predetermined. If a route has more than one journey, a letter in the Vietnamese
alphabet shall be added at the end of the route code.
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15. A “transport business” or “transport operator”
can be: an enterprise granted the Certificate of Enterprise Registration and
the transport business license; an artel, cooperative or cooperative union
granted the Certificate of Cooperative registration or Certificate of Artel
Registration and the transport business license; a household business granted
the Certificate of Household Business Registration and the transport business
license. For international road transport, a “transport business” can be: an
enterprise granted the Certificate of Enterprise Registration and the transport
business license; an artel, cooperative or cooperative union granted the
Certificate of Cooperative registration or Certificate of Artel Registration
and the transport business license.
Chapter II
DOMESTIC ROAD TRANSPORT
Section 1. REGULATIONS ON
TRANSPORT BUSINESS BY AUTOMOBILES AND MOTORIZED 4-WHEELED VEHICLES
Article 4. Fixed-route
transport business
1. A transport business that has a license for
transport business by automobiles which permits fixed-route passenger transport
may apply for operation of fixed routes according to regulations in Article 22
of this Decree.
2. The departure point and arrival point of a fixed
route shall be located at the registered bus stations.
3. Route management by Departments of Transport
b) Publish the route operation timetables; update
the following information to route network list: Maximum number of trips on a
route, minimum intervals between consecutive trips, departure times of
available routes and list of operators thereof on the online public service
system of the Ministry of Transport; and formulate and announce pick-up points
and drop-off points of each route;
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4. Automobiles used for fixed-route passenger
transport business shall:
a) Reserve priority seats for disabled people,
elderly people and pregnant women;
b) Have a “XE TUYẾN CỐ DỊNH” (“fixed-route
vehicle”) permit sticker according to form No. 01 in Appendix XIII hereof stuck
to the upper right corner right below the inspection stamp on the inside of the
front windshield;
c) Have all required information affixed on the
vehicle.
5. Automobiles used for paratransit shall:
a) Have not more than 29 seats (excluding the
driver’s seat);
b) Have a “XE TRUNG CHUYỂN” (“paratransit vehicle”)
permit sticker according to form No. 02 in Appendix XIII hereof stuck to the
upper right corner right below the inspection stamp on the inside of the front
windshield; have all required information affixed on the vehicle;
c) Only be used for paratransit within the province
where the paratransit vehicle permit sticker is issued.
6. Mobilization of extra vehicles to serve fixed
route passenger transport during peak seasons
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7. The bus station operator shall give a
confirmation on the dispatch order of the transport business when the vehicle
departs from the station. Confirmation contents shall include: license plate
number, quantity of passengers and departure time.
8. Fixed route operators shall retain dispatch
orders of all trips for at least 03 years.
Article 5. Public bus business
1. A transport business that has a license for
transport business by automobiles which permits public bus business may
participate in the public bus business on provincial and inter-provincial bus
routes.
2. Automobiles used for public bus business shall:
a) Reserve priority seats for disabled people,
elderly people, pregnant women and children under 6 years of age;
b) Have a “XE BUÝT” (“bus”) permit sticker
according to form No. 03 in Appendix XIII hereof stuck to the upper right
corner right below the inspection stamp on the inside of the front windshield;
have all required information affixed on the vehicle;
c) Have seats and standing room for passengers and
other specifications that comply with National Technical Regulations on
technical safety and environmental safety of automobiles
3. Management of provincial and inter-provincial
bus routes by Departments of Transport
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b) Propose, formulate, and report to the People’s
Committees of the provinces on: Assistance policies of the State on
encouragement of public bus transport in their provinces; organization of
bidding, criteria for commissioning bus routes on the published route network
lists in accordance with regulations of law on bidding; commissioning of
interprovincial bus routes and bus routes using open-air buses for tourists
without state budget subsidization on the published route network lists;
c) Build, maintain and manage bus infrastructure;
decide technical criteria and locations of bus terminus and other bus stops in
their provinces;
d) Monitor operations of the transport business
along the route; produce passenger statistics.
4. Public bus transport businesses shall retain
dispatch orders as follows:
a) Dispatch orders of completed trips (not
subsidized by state budget) shall be retained for at least 03 years;
b) Dispatch orders of completed trips (subsidized
by state budget) shall be retained for the same period as that of accounting
records as prescribed in Clause 5 Article 41 of the 2015's Law on Accounting.
5. Buses shall be allocated separate pick-up and
drop-off areas in transport hubs, tourism areas, tourist accommodations,
tourist attractions, cultural-sports establishments, shopping malls, transport
nodes and intermodal passenger transport hubs; and given priority in
metropolises.
Article 6. Taxi business
1. A transport business that has a license for
transport business by automobiles which permits taxi business may participate
in the taxi business.
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a) Comply with regulations of Clause 9 Article 56
of the Law on Road;
b) Have a “XE TAXI” (“taxi”) permit sticker
according to form No. 04 in Appendix XIII hereof stuck to the upper right
corner right below the inspection stamp on the inside of the front windshield;
have all required information affixed on the vehicle;
c) Have the “XE TAXI" (“TAXI”) text which is
made out of retroreflective material affixed on the front windshield and real
windshield. The dimensions of the “XE TAXI" text shall be 06 x 20 cm
according to form No. 05 in Appendix XIII hereof. In case of electronic
display, it must always be turned on and has a minimum dimension of 06 x 20 cm.
A “TAXI” light may be affixed on the roof with a
minimum dimension of 12 x 30 cm. If a “TAXI” light has been affixed on the
roof, the “XE TAXI" text on the front windshield and real windshield is no
longer required.
3. Fares displayed on taximeter
b) Mandatory information on the receipt includes:
name of the transport business, taxi’s registration plate number, travel
distance (km) and total fare.
4. In the fares are displayed on a software
application which is directly connected with the passenger’s electronic device
and used for booking and cancelling rides and calculating fares (hereinafter
referred to as “fare calculation software”)
a) The taxi must be equipped with a device which is
directly connected with passengers for booking and canceling rides;
b) The fares shall be calculated according to the
distance displayed on the digital map;
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5. Fares agreed with transport businesses
Fares are agreed between the passenger and the
transport business according to the prices listed on the taxi or displayed by
the fare calculation software of the taxi business (the transport business).
6. After a ride is completed, the transport
business using the fare calculation software must send the electronic invoice
for the ride to the passenger (via the software) and send the information about
the invoice to the tax authority as per regulations.
7. The transport business (the taxi business) shall
notify the Department of Transport that issued the transport business license
and the tax authority (where the transport business declares and pay tax) of
its fare calculation method.
8. Taxis shall be allocated separate pick-up and
drop-off areas in transport hubs, tourism areas, tourist accommodations,
tourist attractions, cultural-sports establishments and shopping malls; and
given priority in metropolises.
Article 7. Contracted passenger
transport business
1. A transport business that has a license for transport
business by automobiles which permits contracted passenger transport may
participate in contracted passenger transport business.
2. Automobiles used for contracted passenger
transport business must:
a) Comply with regulations of Clause 10 Article 56
of the Law on Road;
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c) Have the “XE HỢP DỒNG" (“contracted
vehicle”) text which is made out of retroreflective material affixed on the
front windshield and real windshield. The dimensions of the “XE HỢP DỒNG"
text shall be 06 x 20 cm according to form No. 07 in Appendix XIII hereof. In
case of electronic display, it must always be turned on and has a minimum
dimension of 06 x 20 cm.
3. The transport contract between the passenger
transport business and the hirer, including the driver, must be concluded
before the trip. In case the transport business uses an automobile with 08
seats or more (excluding the driver’s seat) or an automobile with fewer than 08
seats after modification (that previously had more than 08 seats), there must
be a written transport contract between the transport business and the hirer
who pays for the entire trip, including the driver.
4. The transport business and the driver:
a) The transport business must not confirm seats
for separate passengers beyond the concluded contract; must not sell tickets;
must not collect money beyond the concluded contract; must not established a
fixed journey and schedule for multiple passengers or hirers;
b) The driver may only pick up and drop off
passengers at the locations specified in the concluded contract; must not pick
up passengers that are not on the list enclosed with the concluded contract
provided by the transport business; must not pick up and drop off passengers at
the headquarters, branches, representative offices of other fixed locations
leased by or having business cooperation with the transport business, or on the
street.
5. When transporting passengers, in additional to
bringing the mandatory documents specified in Clause 1 Article 56 of the Law on
Road Traffic Order and Safety the driver must also:
a) Bring the physical transport contract signed by
the transport business (except for the case specified in Point c of this
Clause);
b) Bring the passenger list bearing a mark of
confirmation from the transport business (except for the case specified in
Point c of this Clause);
c) If the electronic contract is used, the driver
must have with a device capable of accessing the contract and the enclosed
passenger list provided by the transport business;
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7. Contracted transport of kindergarten students,
school students, workers to school/work
a) The transport business shall sign a physical
contract with the hirer:
b) The driver may only pick up the intended
passengers at the locations specified in the concluded transport contract and
are not required to implement the regulations of Point b Clause 4 of this
Article.
8. Automobiles used for transport of kindergarten
students and school students; automobiles use for both transport business and
transport of kindergarten students and school students shall comply with
regulations of this Decree and the Government’s Decree No. 151/2024/ND-CP.
9. The contracted automobiles must not pick up and
drop off passengers at locations not included in the transport contract unless
it is necessary for rescue of humans during natural disasters or
enemy-inflicted destruction requested by competent authorities.
10. From the 1st to 5th every
year, the Department of Transport shall send a list of vehicles issued with the
contracted vehicle permit sticker in the previous month to the People’s
Committee of the commune where the transport business’s headquarters or branch
is located for management in cooperation; publish it on the website of
Department of Transport.
Article 8. Cargo transport
business by automobiles
1. A transport business that has a license for
transport business by automobiles which permits any of the types of cargo
transport business by automobiles (hereinafter referred to as “cargo transport
business”) specified in Clause 2, Clause 3 and Clause 4 of this Article may
participate in the registered type of cargo transport business.
2. Box truck business involves the use of
automobiles with payload capacity not exceeding 1.500 kg to transport cargo,
for which the hirer pays according to the taximeter or the fare calculation
software on the vehicle. The "TAXI TẢI” (“BOX TRUCK”) text according to
form No. 08 in Appendix XIII hereof, the transport business’s phone number and
name shall be affixed on the truck’s doors or both sides of the vehicle body.
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a) Oversize load transport business involves the
use of automobiles to transport cargo that cannot be divided or disassembled,
thereby causing the vehicle or vehicle assembly to exceed the legal size and
weight limits;
b) The transport of oversized load shall comply
with Article 53 of the Law on Road Traffic Order and Safety.
4. Dangerous cargo transport business
a) Dangerous cargo transport business involves the
use of automobiles to transport cargo containing dangerous substances that may
pose a threat to human life or health, the environment or national security and
safety;
b) The transport of dangerous cargo shall comply
with Article 51 of the Law on Road Traffic Order and Safety.
5. Ordinary cargo transport business is a cargo
transport business not regulated by Clause 2 and Clause 3 of this Article.
6. Tractor units used for cargo transport business,
trucks used for ordinary cargo transport business and box trucks shall have the
“XE TẢI” (“box truck”) permit sticker according to form No. 09 in Appendix XIII
hereof affixed on the upper right corner right below the inspection stamp
inside their front windshields.
7. Cargo transport businesses shall comply with
regulations on loading cargo onto the vehicles.
8. Cargo transport businesses shall issue transport
notes to their drivers for transport of cargo on public roads. Transport notes
must include confirmation (signature and full name) of the amount of cargo
loaded onto the vehicle from the cargo owner (or the person authorized by the
cargo owner) or the representative of the unit or individual that carries out
the loading process.
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10. Bicycles, motorcycles and other similar
vehicles shall be transported through road tunnels according to regulations in
Clause 4 herein.
11. Physical or electronic transport notes shall be
issued by cargo transport businesses and have the following mandatory
information: the transport business’s name; registration plate number; hirer’s
name; journey (points of departure and arrival); contract number and conclusion
date (if any); type and weight cargo being transported. Cargo transport
businesses shall retain transport notes of completed trips for at least 03
years.
12. Recompense for damage, loss or shortage of
cargo shall be provided according to the transport contract or agreement
between the transport business and the hirer.
Article 9. Passenger transport
business using motorized 4-wheeled vehicles
1. A transport business that has a transport
business license which permits transport business using motorized 4-wheeled
vehicles may use motorized 4-wheeled vehicles for passenger transport business.
2. Passenger transport businesses using motorized
4-wheeled vehicles shall have roadworthy vehicles according to Point d Clause 1
Article 34 and Clause 1 Article 48 of the Law on Road Traffic Order and Safety;
provide safety instructions for passengers on their vehicles.
3. Transport businesses using motorized 4-wheeled
vehicles shall comply with regulations of Article 11 (except Point a Clause 3,
Clause 5, Clause 9 and Clause 10) of this Decree.
4. Every vehicle shall have a “XE CHỞ KHÁCH”
(“passenger transport vehicle”) permit sticker according to form No. 10 in
Appendix XIII hereof stuck on the inside of the front windshield on the right
side.
Article 10. Cargo transport
business using motorized 4-wheeled vehicles
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2. The transport business using motorized 4-wheeled
vehicles shall have roadworthy vehicles according to Point dd Clause 1 Article
34 and Clause 1 Article 48 of the Law on Road Traffic Order and Safety; comply
with regulations on loading cargo onto vehicles.
3. Transport businesses using motorized 4-wheeled
vehicles shall comply with regulations of Article 11 (except Point a Clause 3,
Clause 5, Clause 9 and Clause 10) of this Decree.
4. Every vehicle shall have a “XE CHỞ HÀNG” (“cargo
transport vehicle”) permit sticker according to form No. 11 in Appendix XIII
hereof stuck on the inside of the front windshield on the right side.
Article 11. Regulations on
assurance of safety in transport business using automobiles and motorized
4-wheeled vehicles
1. Every transport business using automobiles and
motorized 4-wheeled vehicles shall have a safety department, establish and
implement traffic safety requirements as follows:
a) Have a transport coordinator as prescribed in
Clause 2 of this Article and employees in charge of monitoring and supervising
drivers and vehicles throughout the transport business process;
b) Establish and accomplish traffic safety
objectives prescribed in this Article;
c) Assign tasks to drivers; only employ drivers who
have driving license that are appropriate for the vehicles according to Article
57 of the Law on Road Traffic Order and Safety and certificates of completion
of professional transport training.
2. The transport coordinator of the transport
business shall satisfy the following requirements:
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b) The transport coordinator of passenger and cargo
transport businesses other than those mentioned in Point a of this Clause shall
have working experience at transport business for at least 03 years or be the
owner or legal representative of a transport business;
c) Make sure the working time at the transport
business is conformable with labor laws and appropriate for its operating time.
3. Before assigning a new transport duty to the
driver, the safety department at the transport business using automobiles and
motorized 4-wheeled vehicles shall:
a) Collect and analyze data about the operation of
each vehicle during the performance of transport duties via vehicle trackers
and in-cabin driver cameras (if mandatory) in order to detect and handle
violations;
b) Receive and respond to feedbacks of the driver
about traffic safety-related issues;
c) Cooperate with other units of the transport
business in arranging vehicles and drivers to make sure the continuous driving
time, daily and weekly driving time, and rest periods of drivers are
conformable with Article 64 of the Law on Road Traffic Order and Safety.
4. Before performing the transport duty, the safety
department, the transport coordinator or a manager assigned by the transport
business and the driver shall perform the following tasks (except for taxi business
where the tasks in its business plan shall be performed):
a) Inspect the driving license of the driver;
certificate of inspection of technical safety and environmental safety;
certificate of vehicle registration; dispatch order for fixed route passenger
transport and buses; transport contracts for contracted passenger transport;
transport note for cargo transport;
b) Notify the driver directly or via the software
of the transport business of transport requests of customers;
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5. After being assigned the transport duty and
before departure, the driver shall perform the following compulsory tasks to
inspect the technical safety of the vehicle: inspect the functionality vehicle
tracker, the in-cabin driver camera (if required) to make sure they are
operational; inspect the steering wheel, the wheels, braking system, lighting
system, honk and information displayed on the vehicle.
6. Before departure, the driver shall log into the
vehicle tracker using his/her driver identification card.
7. During the trip
a) Via the vehicle tracker, the traffic safety
department or the person in charge of traffic safety department of the
transport business shall notify the driver if the driver is found committing
violations including exceeding the continuous driving time or daily driving
time, route deviation, or the vehicle tracker is not working, and request the
driver to rectify;
b) The driver shall strictly comply with traffic
rules while operating the vehicle to transport passengers or cargo; comply with
regulations on continuous driving time, daily and weekly driving time, speed
limits, route; make sure the vehicle tracker and in-cabin driver camera (if
required) are always operational; Promptly report the time, location and causes
of traffic safety issues in order for the transport business to handle in a
timely manner.
8. When the driver has fulfilled the duty or at the
end of the shift:
a) The safety department, the transport coordinator
or a manager assigned by the transport business and the driver shall perform
the following tasks: produce statistics on the total distance travelled by the
vehicle as the basis for preparing and implementing the vehicle maintenance and
repair plan in accordance with the maintenance cycle; maintenance and repair
results of each vehicle; violations including exceeding speed limits, exceeding
continuous driving time, daily and weekly driving time, route deviation,
interruption of data from vehicle trackers and in-cabin driver cameras (if
required); report them to the head of the transport business for actions;
prepare a report on all traffic safety incidents during operation of the
vehicles on public road;
b) The driver shall use the driver identification
cards to log out from the vehicle tracker; after the trip or the shift ends and
before leaving the vehicle, the driver shall check the passenger compartment to
make sure there is not passenger on the vehicle (applicable to passenger
transport vehicles).
9. Every month, quarter and year, the safety
department (the manager assigned by the transport business) shall perform the
following tasks:
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b) Prepare and implement the plan for responding to
road traffic incidents during the process of transport business operation;
c) Organize debriefings with all drivers of the
transport business to analyze accidents that are classified as “serious” or
higher occurs during the process of transport business operation;
d) Cooperate with specialized departments of the
transport business to in providing professional transport training for all
drivers of the transport business;
dd) Retain physical or electronic documents and
records about performance of duties according to Clause 2, Clause 3 and Point a
Clause 7 of this Article for at least 03 years.
10. Internal transport units shall log and monitor
the operation of drivers, automobiles and motorized 4-wheeled vehicles
throughout the transport of employees, students, products, goods, or equipment,
materials, fuel serving production, sale of their products or services.
Internal transport units and their drivers shall perform
the following mandatory tasks to ensure traffic safety of internal transport
using or automobiles and motorized 4-wheeled vehicles:
a) Perform the tasks specified in Point c Clause 3,
Point c Clause 4 of this Article;
b) Inspect the driving license of the driver;
certificate of inspection of technical safety and environmental safety;
certificate of vehicle registration;
c) After being assigned the transport duty and
before departure, the assigned driver shall inspect the technical safety of the
vehicle, the steering system, wheels, braking system, lighting system, honk and
information displayed on the vehicle. While operating the vehicle on public
roads, the driver shall strictly comply with traffic rules, regulations on
continuous driving time, daily and weekly driving time, speed limits, routes;
promptly report the time, location and causes of traffic safety incidents for
the unit to respond in a timely manner. After the trip or the shift ends and
before leaving the vehicle, the driver shall check the passenger compartment to
make sure there is not passenger on the vehicle (applicable to passenger
transport vehicles);
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11. Bus station or cargo station operator shall
fully comply with regulations of Clause 2 Article 72 of the Law on Road;
establish procedures for vehicles to enter and leave their stations to ensure
safety for the vehicles operating in the station.
12. Transport businesses shall:
a) Only use roadworthy automobiles and motorized
4-wheeled vehicles according to Clauses 1 and 2 Article 35 and Clauses 1, 2 and
3 Article 40 of the Law on Road Traffic Order and Safety; equip safety
belts for all seats and beds (excluding provincial buses) and provide
instructions on traffic safety and on-board emergency evacuation for passengers;
b) Not allow double-decker sleeper buses to operate
on level V and level VI mountainous roads;
c) Employ drivers with at least 02 years of
experience of operating passenger vehicles having more than 29 seats (excluding
the driver’s seat) to drive double-decker sleeper buses;
d) Establish and update regulations on operation of
automobiles, motorized 4-wheeled vehicles and drivers on vehicle information
sheet and driver information sheet;
dd) When receiving consignment goods (not
accompanied by on-board passengers) Passenger transport businesses, drivers and
on-board attendants (if any) shall comply with regulations of Article 68 of the
Law on Road.
13. Rest period between two consecutive trips:
a) At least 05 minutes for taxi drivers and
provincial bus drivers;
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Article 12. Provision of
professional transport training for commercial truck drivers
1. Trainees: commercial truck drivers
2. Contents of the framework training program
a) Mandatory knowledge and training duration
Mandatory knowledge: 04 lessons (from lesson 1 to
lesson 4); minimum training duration: 24 hours;
b) Knowledge structure of the training program
No.
Training
contents
Duration
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Lesson 1
Basic knowledge about the transport industry of
Vietnam and the system of legislative documents on transport business
02 hours
2.
Lesson 2
Professional transport training for drivers to improve
transport service quality and ensure traffic safety; how to conserve fuel;
how to load cargo on to the vehicle.
16 hours
3.
Lesson 3
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02 hours
4.
Lesson 4
Responsibilities of organizations and individuals
in management and employment of commercial truck drivers
02 hours
5.
Examination
02 hours
Total:
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3. Training time
a) Before the driver starts to participate in the
transport business;
b) Periodically within 05 years from the date of issuance
of the certificate of training.
4. The trainer shall:
a) Be a transport business teacher of an
intermediate training institution or higher that provides training in road
transport business; has an intermediate diploma or higher in transport business;
b) Has a college or university in another major and
at least 03 years’ experience of road transport business coordination.
5. The transport business is responsible for
providing professional transport training and traffic safety training for their
commercial truck drivers in a manner that satisfies the following requirements:
a) Adhere to the contents specified in Clause 1,
Clause 2, Clause 3 and Clause 4 of this Article;
b) During the training process, the transport
business may cooperate with other transport businesses, Vietnam Automobile
Transportation Association (VATA), local automobile transportation
associations, driving schools, official training schools of Ministries and
ministerial agencies, intermediate training institutions or higher (with transport
training) in providing training for their drivers;
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d) Training modes: in person or online.
6. Training unit
a) Transport businesses may organize their own
training or cooperate with the units specified in Point b Clause 5 of this Article
in providing training for their drivers as per regulations;
b) Before organizing the training, the transport
business, local automobile transportation association, driving school (training
unit) shall prepare a training plan including: organization of driving classes
according to local demands; consider organizing specialized classes such as
cargo transport and passenger transport, or general classes; arrange training
time and location; compile a list of trainers, timetables, phone numbers; send
a report to the Department of Education and Training of the province for
inspection and supervision;
c) The training unit shall manage, supervise the
process of training, organize tests and issue certificates of training to
people who have completed the training courses according to the form in
Appendix VI hereof; retain documents about the training program and training
results for at least 03 years.
7. Organizing tests and issuing certificates
a) Organization of tests:
The trainees shall satisfy the training time
requirements to be eligible to take the 120-minute test at the end of the
training course. The required score to pass is 5/10;
b) Method: concentrated test on paper;
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8. Departments of Transport shall:
a) Assign officials to inspect the training process
in person or via surveillance cameras;
b) Refuse to recognize the training results and
request the training unit to reorganize the training if the training unit fails
to send a notification to the Department of Transport as prescribed in Point c
Clause 5 of this Article or fails to satisfy the requirements specified in
Point a Clause 5 of this Article.
9. Directorate for Road of Vietnam shall compile
and announce the training materials and the framework professional transport
training program for commercial truck drivers.
Section 2. CONDITIONS FOR
TRANSPORT BUSINESS BY AUTOMOBILES AND MOTORIZED 4-WHEELED VEHICLES
Article 13. Conditions for
passenger transport business
2. Automobile used for transport business shall
have vehicle trackers and in-cabin driver cameras as prescribed in Clause 2
Article 35 of the Law on Road Traffic Order and Safety.
3. Automobiles used for fixed-route passenger
transport business shall have at least 08 seats (excluding the driver’s seat)
and service life of up to 15 years for distance of over 300 km, up to 20 years
for distance of up to 300 km.
4. Automobiles used for bus business shall have at
least 08 seats (excluding the driver’s seat) and service life of up to 20
years.
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6. Automobiles used for contracted passenger
transport business shall have more than 08 seats (excluding the driver’s seat)
and service life of up to 15 years for distance of over 300 km, up to 20 years for
distance of up to 300 km.
Automobiles having fewer than 08 seats (excluding
the driver’s seat) used for passenger transport under electronic contracts
shall have a service life of up to 12 years.
Article 14. Conditions for
trucking business
1. The automobiles used for cargo transport
business must be legally owned or used under vehicle lease contracts between
the cargo transport business and the vehicle owners or business cooperation
contracts as per the law.
If the automobile is owned by a cooperative member,
there shall be a service contract with such member which specifies the rights,
responsibilities and obligations of the cooperative to the management, use and
dispatch of such automobile.
2. Automobiles used for cargo transport business
shall comply with Clause 11 Article 56 of the Law on Road and have a service
life conformable with Clause 1, Clause 2 and Clause 3 Article 40 of the Law on
Road Traffic Order and Safety.
Article 15. Conditions for
passenger transport business using motorized 4-wheeled vehicles
2. Motorized 4-wheeled vehicles used for passenger
transport business shall have a service life of up to 20 years.
Article 16. Conditions for
cargo transport business using motorized 4-wheeled vehicles
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If the vehicle is owned by a cooperative member,
there shall be a service contract between the member and the cooperative which
specifies the cooperative’s rights, responsibilities and obligations to the
management, use and dispatch of such vehicle.
2. The service life of motorized 4-wheeled vehicles
used for cargo transport business shall comply with Clause 1 and Clause 2
Article 40 of the Law on Road Traffic Order and Safety.
Section 3. TRANSPORT CONTRACTS
Article 17. General
regulations on transport contracts
1. A physical or electronic transport contract is
an agreement between contract parties according to which the transport business
will transport passengers, luggage or cargo to an agreed-upon location in
exchange for an amount paid by the passengers or the hirer.
2. A passenger or cargo transport contract (whether
physical or electronic) shall have the following mandatory information:
a) Information about the contracting transport
business, including its name, address, phone number, tax identification number
(TIN), name, ID number of the representative signatory;
b) Information about the passengers or hirer
(organization or individual), including name, ID number, address, phone number,
c) Information about contract execution: start and
end of the contract (date and time); addresses of first stop, last stop,
pick-up points and drop-off points (or loading and unloading points) on the
journey; journey’s length (km); and number of passengers (or weight of cargo);
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dd) Regulations on responsibilities of contracting
parties for contract execution, which specifies fulfillment of tax obligations
to the state; rights and obligations of the transporting party, passengers or
the hirer; phone number for receipt and settlement of complaints and
denunciations from passengers; commitment to execute the contract and pay
damages to the hirer and/or passengers.
Article 18. Execution of
electronic transport contracts
1. Electronic transport contracts shall be executed
in accordance with regulations of Article 17 of this Decree and other relevant
regulations of laws.
2. Transport businesses using electronic transport
contracts:
a) The interface of the software provided for
customers or hirers must show its full name or logo, the emergency phone number
and the mandatory information prescribed in Clause 2 Article 17 of this Decree;
b) The mandatory information of the passenger
transport contract and electronic invoice for each trip must be sent to the
account of the customer or hirer and to the tax authority as per regulations;
c) Electronic contracts shall be retained for at
least 03 years.
3. Drivers of passenger transport businesses using
electronic contracts
a) Comply with the regulations of Clause 4 Article
7 of this Decree;
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4. Regulations for renters and passengers entering
into electronic contracts:
a) Use devices capable of showing the full contents
of electronic contracts;
b) Comply with the Civil Code when signing
electronic contracts with transport businesses.
Section 4. ISSUANCE AND
REVOCATION OF LICENSES FOR TRANSPORT BUSINESS BY AUTOMOBILES AND BY MOTORIZED
4-WHEELED VEHICLES; ISSUANCE AND REVOCATION OF VEHICLE PERMIT STICKER STICKERS;
REGISTRATION AND TERMINATION OF FIXED-ROUTE OPERATION
Article 19. Issuance of
licenses for transport business by automobiles and motorized 4-wheeled vehicles
a) Name and address of the transport business;
b) Business registration certificate (enterprise
registration certificate), including its number, date of issuance and issuing
authority;
c) The legal representative;
d) Business type;
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e) An area for printing the QR code and storing
electronic information of the transport business license.
2. Departments of Transport have the power to issue
transport business licenses.
Article 20. Application for
issuance and reissuance of the business license
1. An application for issuance of the business
license consists of:
a) The application form in Appendix I hereof;
b) Copies, authenticated copies or authenticated
electronic copies of originals or electronic copies extracted from master
registers of qualifications of the transport coordinator;
c) Copies, authenticated copies or authenticated
electronic copies of originals or electronic copies extracted from master
registers of the establishment decision and regulations on functions and duties
of the traffic safety department of the transport business;
d) Copies, authenticated copies or authenticated
electronic copies of originals or electronic copies extracted from master
registers of the transport coordinator assignment decision.
2. An application for reissuance of the business
license due to changes to the contents of the license consists of:
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b) Documents proving the changes to the contents of
the license stated in Clause 1 (except Point dd and Point e) Article 19 of this
Decree mentioned in Clause 1 (documents directly related to the changes).
3. An application for reissuance of the business
license due to loss or damage shall be application form in Appendix I of this
Decree.
4. An application for reissuance of a business
license that was revoked consists of:
a) The documents specified in Clause 1 of this
Article;
b) Documents proving the measures taken to remedy
the violations specified in Point a and Point d Clause 6 Article 21 of this
Decree.
Article 21. Procedures for
issuance, reissuance and revocation of licenses for transport business by
automobile and motorized 4-wheeled vehicles
1. Procedures for issuance of the business license:
b) Within 05 working days from the date of receipt
of the satisfactory application, the issuing authority shall appraise the
application and issue the license according to the form in Appendix II of this
Decree. If the application is rejected, the issuing authority shall respond and
provide explanation for the applicant in writing or via the online public
services system.
2. The procedures for reissuance of a business
license due to changes to its content and procedures for reissuance of a
revoked business license shall be the same as those specified in Clause 1 of
this Article.
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a) The transport business shall submit 01
application for reissuance of the business license to the Department of
Transport of the province where the business’s headquarters or branch is
located. If the application needs to be amended, the issuing authority shall
inform the contents to be amended or supplemented to the applicant in person or
in writing or via the online public services system within 02 working days from
the date of receipt of the application;
b) Within 03 working days from the date of receipt
of the satisfactory application, the issuing authority shall issue the license
according to the form in Appendix II of this Decree. If the application is
rejected, the issuing authority shall respond and provide explanation for the
applicant in writing or via the online public services system.
4. The issuing authority shall verify information about
the business registration certificate or enterprise registration certificate on
the national business registration portal or enterprise information portal of
Departments of Planning and Investment of provinces and cities before issuing
the business license.
5. Applications shall be received and results shall
be provided at the single window department of the issuing authority or by
post. In case an application is submitted to the issuing authority in person or
by post, the receiving official shall update information in the application to
the online public service system of the Ministry of Transport as regulated.
The issuing authority shall process applications
and issue business licenses on the online public service system of the Ministry
of Transport.
6. The business license of a transport business
will be revoked for an indefinite period of time in any of the following cases:
b) Failure to provide all transport services
specified in the business license for 06 months or more from the issuance date
of the business license, or suspension of all transport services specified in
the business license for 06 consecutive months or more;
c) Termination of the transport business according
to regulations of laws or of its own volition;
d) Changing or falsifying data from the vehicle
tracker or in-cabin driver camera before, during and after data transmission;
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e) At least 30% of vehicles have their vehicle
permit sticker stickers revoked within 01 months;
g) The transport business license is suspended at
least 02 times in 01 year;
h) Failure to apply for taxpayer registration;
failure to declare tax as prescribed by tax laws.
7. An issuing authority has the power to revoke the
business licenses it issued following this procedure:
a) Issue a decision to revoke the business license;
b) Send the business license revocation decision to
the transport business and publish information on the website of the Department
of Transport;
c) Send a report to the People’s Committee of the
province and notify the revocation of the business license to relevant
authorities for cooperation;
d) Within 10 days from the day on which the issuing
authority signs the decision on revocation of the business license, the
transport business must return the business license and vehicle permit sticker
stickers to the issuing authority and terminate the transport business
operation according to the decision on revocation.
If the transport business returns the business
license and vehicle permit sticker stickers in accordance with the revocation
decision, the issuing authority shall not reissue the business license within
30 days from the day on which the transport business returns the business
license and vehicle permit sticker stickers under the revocation decision.
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8. Departments of Transport shall:
b) During the 1st to 5th of
every month, publish the list of vehicles (license plate numbers, types of
vehicle permit sticker stickers issued and their effective periods) and
transport businesses (names, types, effective periods of transport business
licenses); list of vehicles whose vehicle permit sticker stickers are suspended
or revoked; list of transport businesses whose transport business licenses are
suspended or revoked in the preceding month on their websites to serve
inspection and supervision.
Article 22. Procedures for
registration, suspension and termination of fixed route operation
1. For fixed routes in operation:
On the basis of the list of fixed passenger
transport routes and timetables which have been published and updated to the
list of fixed passenger transport routes of the Ministry of Transport,
the transport business having the license for fixed route passenger transport
using automobiles have the right to choose their own departure times and
register the route operation in accordance with Clause 3 and Clause 4 of this
Article.
2. For fixed routes that are adjusted or
supplemented:
a) On the basis of the announced bus stations, the
transport business shall discuss with bus stations on either ends of the
routes, formulate a route operation plan and send it to the Department of
Transport of the province where its headquarters or branch is located for
registration and the Department of Transport of the other end of the route for
joint management;
b) Within 03 working days from the receipt of the
route operation plan, the Department of Transport of the province where its
headquarters or branch is located shall upload an enquiry form to the software
system of the Ministry of Transport to solicit opinions from the Department of
Transport of the other end of the route regarding adjustment, addition of fixed
routes to the route network (the enquiry shall have the following mandatory
information: station of departure, station of arrival, journey, traffic,
interval between two trips);
c) Within 02 working days from the receipt of the
enquiry form, the Department of Transport of the other end of the route shall
upload a written response to the online public service system of the Ministry
of Transport, specifying whether it agrees or disagrees and provide
explanation. If the Department of Transport of the other end of the route does
not respond, the system will automatically change the status to “agreed”;
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3. An application for route operation consists of:
a) The application form in Appendix III of this
Decree;
b) Copies, authenticated copies or authenticated
electronic copies of originals or electronic copies extracted from master
registers of the written agreement between the bus stations at both ends of the
route and the applying transport business (in case of route adjustment or
addition).
4. Procedures for registration of route operation:
a) The transport business (the applicant) shall
send 01 online application for route operation enterprise to the Department of
Transport which issued its business license on the online public service system
of the Ministry of Transport (applications sent directly to the route-operating
authority or by post will be rejected);
b) Within 03 working days from the receipt of the
application, the Department of Transport shall inspect it and, if the
application has to be revised or supplemented, notify the applicant of the
necessary revisions or supplementation directly on the online public service
system.
c) Within 03 working days from the satisfactory
application, the Department of Transport shall examine it and send an enquiry
to the Department of Transport of the other end of the route via the online
public service system of the Ministry of Transport. Within 02 working
days, the Department of Transport of the other end of the route shall upload a
written response to the online public service system of the Ministry of
Transport, specifying whether it agrees or disagrees and provide explanation.
If the Department of Transport of the other end of the route does not respond,
the system will automatically change the status to “agreed”;
d) After receiving the agreement from the
Department of Transport of the other end of the route, the Department of
Transport receiving the application shall issue a written notice of successful
registration of route operation according to the form in Appendix IV hereof and
send it to the applicant on the online public service system and the Department
of Transport of the other end of the route (for interprovincial fixed routes),
bus stations at both ends of the routes for joint management.
In case two or more applications have the same
route and departure time, the Department of Transport shall handle them on a
first-come-first-serve basis.
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6. The transport business may suspend the operation
of a route or certain runs on the route following this procedure:
a) 05 days before the suspension date, the
transport business shall send a notification to the Department of Transport and
bus stations at both end of the route, turn in the fixed route vehicle permit
sticker to the Department of Transport that issued it on the suspension date.
The bus stations at both ends of the route shall post a notification at their
stations for at least 10 days after receiving the transport business’
notification.
b) Within 02 working days from suspension date, the
Department of Transport of the province where the transport business’
headquarters or branch is located shall send a written notification to the
Department of Transport at the other end of the route via the online public
service system of the Ministry of Transport; update the information according
to Point a and Point b Clause 3 Article 4 of this Decree to the transport
licensing database;
c) If the transport business wishes to resume the
operation of the suspended route, the procedures for registration of route
operation shall be followed after the Department of Transport finishes updating
the information specified in Point b Clause 6 of this Article.
7. The transport business will have a notice of
successful registration of route operation revoked if the total number of trips
completed in a month is less than 70% of the registered number for one month.
8. The Department of Transport that issues the
notice of successful registration of route operation shall revoke it following
the procedure below:
a) Issue the revocation decision. If the registered
trip only has 01 trip or the total number of trips of the route is less than
70% of the registered number, the notice of successful registration of route
operation and vehicle permit sticker stickers issued to the vehicles operating
the route will be revoked;
b) Send the revocation decision to the transport
business, bus stations on both ends of the routes, the Department of Transport
of the other end of the route, and publish the decision on the website of the
Department of Transport;
c) Within 02 working days from the date on which
the revocation decision is issued, update information about to departure times
of the cancelled trips to the transport licensing database of the
Ministry of Transport as the basis for other transport businesses to register
route operation in accordance with this Decree;
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Article 23. Regulations on
management, issuance, reissuance and revocation of vehicle permit stickers
1. Holders of licenses for transport business by
automobiles and motorized 4-wheeled vehicles will be issued with vehicle permit
sticker stickers.
2. Holders of licenses for transport business by
automobiles will have vehicle permit sticker stickers issued to the automobiles
suitable for their licensed operations according to the following principles:
a) A vehicle shall only be issued with a vehicle
permit sticker for a type of transport business at a time;
b) A fixed route passenger transport business shall
have paratransit vehicle permit sticker stickers issued by Departments of
Transport at both ends of the route.
3. Effective periods of vehicle permit sticker
stickers
a) Vehicle permit sticker stickers issued to
commercial automobiles, motorized 4-wheeled vehicles and paratransit vehicles
vary between 01 years and 07 years according to the request of the transport
business and shall not exceed the service life of the vehicle;
b) Effective periods of vehicle permit sticker stickers
issued to fixed route vehicles to accommodate the higher number of passengers
during Lunar New Year shall not exceed 30 days; those of vehicle permit sticker
stickers issued for other public holidays, national high school graduation and
university entrance exams shall not exceed 10 days.
4. Minimum size of all types of vehicle permit
sticker stickers is 9 x 10 cm.
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a) The application form in Appendix V of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (Copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the transport business, present the copies, authenticated copies or
authenticated electronic copies of originals or electronic copies extracted
from master registers of one of the following documents: the vehicle lease
contract with the vehicle owner, the service contract between the member and
the cooperative, or the business cooperation contract.
6. Vehicle permit sticker issuance procedure:
a) The transport business shall submit 01
application (online, in person or by post) to the Department of Transport which
issued its business license. In case of application for a paratransit vehicle
permit sticker, submit 01 application for the paratransit vehicle permit
sticker to the Department of Transport which issued its business license or the
Department of Transport on the other end of the route. If the application needs
to be revised or supplemented, the issuing authority shall inform the applicant
in person or in writing or via the online public services system within 01
working day from the date of receipt of the application. If the application is
submitted online, the applicant (transport business) shall take legal
responsibility for the accuracy of information in the application.
b) Within 02 working days from the receipt of the
satisfactory application, the Department of Transport shall issue the vehicle
permit sticker stickers to the automobiles and update them to the transport
licensing database. If the application is rejected, the Department of Transport
shall respond and explain in writing or via the online public services system.
Applications shall be received and results shall be
provided on the online public service system of the Ministry of Transport or in
person at the issuing authority or by post. In case an application is submitted
to the issuing authority in person or by post, the receiving official shall
update information in the application to the online public service system of
the Ministry of Transport as regulated.
The issuing authority shall process applications
and issue vehicle on the online public services system of the Ministry of
Transport and update the result to the transport licensing database;
c) The issuing authority shall verify information
about the inspect the automobile’s certificate of technical safety and
environmental safety on the system of Vietnam Register to ensure it is
qualified for transport business.
7. A vehicle permit sticker will be reissued when
it is expired, lost or damaged, or the vehicle is transferred to another owner
or transport business. Documentation, procedures and authority for reissuance
of vehicle permit sticker stickers shall comply with Clauses 5 and 6 of this
Article. Effective period of the reissued vehicle permit sticker shall comply
with Clause 3 of this Article. Transport businesses may apply for reissuance of
vehicle permit sticker stickers within 15 days prior to their expiration dates.
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9. Departments of Transport shall:
a) Manage, organize the printing of vehicle permit
sticker stickers according to the forms provided in Appendix XIII hereof; issue
and reissue vehicle permit sticker stickers in accordance with this Article.
b) Not issue vehicle permit sticker stickers to
automobiles and motorized 4-wheeled vehicles during the vehicle permit sticker suspension
or revocation periods (unless the rights to own or use them are transferred and
their vehicle permit sticker stickers have been returned to the Department of
Transport for updating to the transport licensing database);
c) Send vehicle permit sticker revocation decisions
to transport businesses and publish information on their websites; update the
revoked vehicle permit sticker stickers to the transport licensing database;
10. A vehicle permit sticker will be revoked in any
of the following cases:
a) When the transport business license of a
transport business is suspended by a competent authority, all vehicle permit
sticker stickers granted to its automobiles and motorized 4-wheeled vehicles
will be revoked;
b) When a transport business fails to operate a
route for 60 consecutive days, all vehicle permit sticker stickers granted to
automobiles running the route will be revoked.
c) When a vehicle exceeds the speed limit at least
05 times per 1000 km of distance according to the data extracted from its
tracker in 01 month (except for the cases in which the speed limit is exceeded
by less than 05 km/h), its vehicle permit sticker will be revoked for 01 month;
d) The vehicle permit sticker will be revoked for
01 month if the vehicle is violates the weight limit of a bridge or rod by more
than 10% at least 03 times in 01 month (exceeding the limit on the axle weight,
gross vehicle weight, or both) according to the data extracted from a weigh
station, unless there is an unexpired circulation license.
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e) A vehicle permit sticker will be revoked when
the transport business no longer needs to use it for transport business and
turns in the permit.
g) Vehicle permit sticker stickers issued to
automobiles and motorized 4-wheeled vehicles of cooperative members that fail
to apply taxpayer registration or fail to declare tax as prescribed by tax laws
will be revoked.
11. Departments of Transport shall:
a) Issue revocation decisions and revoke vehicle
permit sticker stickers they issued in accordance with Clause 10 of this
Article, Point d Clause 7 Article 21 of this Decree;
c) Within 10 days from the day on which a revocation
decision is signed, the transport business shall terminate the commercial
operation of the automobiles and motorized 4-wheeled vehicles whose permits are
revoked and turn in the revoked permits.
After the vehicle permit sticker stickers are turned
in by the transport business under the revocation decision, the Department of
Transport shall not issue or reissue vehicle permit sticker stickers for 30
days (60 days if the violation is repeated within 06 consecutive months) from
the day on which they are turned in. After 30 days (60 days if the violation is
repeated within 06 consecutive months) from the day on which they are turned
in, the transport business that wishes to continue to use the vehicles for
business operation may apply for issuance of vehicle permit sticker stickers in
accordance with Clause 6 of this Article.
If the vehicle permit sticker stickers are not
turned in by the transport business by the aforesaid deadline, the Department
of Transport shall not issue or reissue vehicle permit sticker stickers for 45
days (90 days if the violation is repeated within 06 consecutive months) from
the day on which they are fully turned in under the revocation decision. After
this period, if the transport business wishes to continue to use the vehicles
for business operation, it may apply for issuance of vehicle permit sticker
stickers in accordance with regulations of this Decree;
d) Vehicle permit sticker stickers will not be
issued or reissued to transport businesses that fail to comply with vehicle
permit sticker revocation decisions. After the transport business has fully
complied with the revocation decision, the issuing authority will carry on the
procedures specified in Point c Clause 11 of this Article. In case the
transport business sends the issuing authority (Department of Transport) a
written notification of the loss of vehicle permit sticker stickers after a
revocation decision is issued, the Department of Transport will not issue or
reissue the permits for 60 days from the day on which the transport business’
notification is received.
12. Transport businesses shall:
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b) Not use automobiles and motorized 4-wheeled
vehicles for transport business during the suspension period of their transport
business licenses or vehicle permit sticker stickers or after the vehicle
permit sticker stickers are revoked.
Section 5. MANAGEMENT OF
INTERNAL TRANSPORT
Article 24. Transport of
internal personnel by automobiles
1. Automobiles used for transport of internal
personnel
a) Only use automobiles that are roadworthy
according to Clause 1 Article 35, and Clauses 1, 2 and 3 Article 40 of
the Law on Road Traffic Order and Safety; equip safety belts for all seats and
beds and provide instructions on traffic safety and on-board emergency
evacuation in case of accidents;
b) Have the “XE NỘI BỘ" (“internal vehicle”)
text which is made out of retroreflective material affixed on the front
windshield and real windshields. The dimensions of the “XE NỘI BỘ " text
shall be 10 x 35 cm according to form No. 12 in Appendix XIII hereof. In case
of electronic display, it must always be turned on and has a minimum dimension
of 10 x 35 cm;
c) The vehicle must be legally owned or used under
a vehicle lease contract between the unit and the vehicle owner as per the law.
If the vehicle is owned by a cooperative member,
there shall be a service contract with such member which specifies the rights,
responsibilities and obligations of the cooperative to the management, use and
dispatch of such vehicle.
2. Units having internal transport by automobiles
shall:
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b) Comply with regulations on continuous driving
time, daily working hours and rest periods of drivers according to Clause 1
Article 64 of the Law on Road Traffic Order and Safety;
c) Carry out safety management tasks in accordance
with Clause 10 Article 11 of this Decree;
d) Formulate and update regulations on operation of
their vehicles and drivers in vehicle information sheet and driver information
sheets; monitor the operation, maintenance and repair of vehicles according to
regulations on road vehicle maintenance and repair;
dd) Not use double-decker sleeper buses to operate
on level V and level VI mountainous roads;
e) Do not employ drivers who are being disqualified
as prescribed by law; do not employ drivers who have less than 02 years’
experience of driving passenger buses with at least 29 seats (excluding the
driver’s seat) to operate double-decker sleeper buses. Organize periodic health
check-ups for drivers and only employ drivers with good health as per regulations.
3. Drivers of internal transport automobiles:
a) Inspect the safety of the vehicle; provide
safety instructions for the passengers; request the passengers to fasten their
safety belts before setting off; make sure the luggage are secured;
b) Comply with regulations on continuous driving
time, daily working hours and rest periods of according to Clause 1 Article 64
of the Law on Road Traffic Order and Safety;
c) Not carry people on the roof, in the trunk of
the vehicle; not allow people to hold on to the vehicle from the outside; not
carry cargo that are dangerous, banned, smuggled, wild fauna and flora; not
carry people, luggage and cargo exceeding the weight limit and capacity limit;
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Article 25. Transport of
internal cargo by automobiles
1. Automobiles used for transport of internal cargo
a) Only use automobiles that are roadworthy
according to Clause 1 Article 35, and Clauses 1, 2 and 3 Article 40 of the
Law on Road Traffic Order and Safety; equip safety belts for all seats and beds
and provide instructions on traffic safety and on-board emergency evacuation
for passengers;
b) Have the “XE NỘI BỘ" (“internal vehicle”) text
which is made out of retroreflective material affixed on the front windshield
and real windshields. The dimensions of the “XE NỘI BỘ " text shall be 10
x 35 cm according to form No. 12 in Appendix XIII hereof. In case of electronic
display, it must always be turned on and has a minimum dimension of 10 x 35 cm;
c) The vehicle must be legally owned or used under
a vehicle lease contract between the unit and the vehicle owner as per the law.
If the vehicle is owned by a cooperative member,
there shall be a service contract with such member which specifies the rights,
responsibilities and obligations of the cooperative to the management, use and
dispatch of such vehicle.
d) The quality and dimension of the cargo
compartment of automobile used for cargo transport must comply with the
certificate of technical safety and environmental safety.
2. Units having internal cargo transport shall:
a) Monitor, supervise activities of drivers and
vehicles throughout the process of internal transport; maintain and repair the
vehicles in accordance with regulations on road vehicle maintenance and repair;
inspect the roadworthiness of vehicles and qualification of drivers before
executing a transport note; inspect and supervise activities of the drivers and
vehicles during the trips;
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c) Carry out safety management tasks in accordance
with Clause 10 Article 11 of this Decree;
d) Formulate and update regulations on operation of
their vehicles and drivers in vehicle information sheet and driver information
sheets; monitor the operation, maintenance and repair of vehicles according to
regulations on road vehicle maintenance and repair;
dd) Only use the automobile to transport cargo that
is products and goods they manufacture, equipment, tools, raw materials, fuel
and other movable property serving their own operation;
e) Do not employ drivers who are being disqualified
as prescribed by law. Organize periodic health check-ups for drivers and only
employ drivers with good health as per regulations.
g) Comply with regulations on loading cargo on to
automobiles;
h) Issue physical or electronic transport notes to
the drivers before each trip. The transport note shall contain the following
mandatory information: name of the unit, license plate number, journey (start and
end points); type and weight of cargo on the vehicle.
3. Drivers of automobiles used for internal cargo
transport
a) Inspect the safety of the vehicle before setting
off; make sure the cargo is safely arranged and secured on the vehicle;
b) Bring the physical transport note or a device
capable of showing the transport note’s contents and other documents related to
the driver and the automobile required by law. Before each trip, the driver
shall request the person in charge of loading cargo onto the vehicle to sign
the transport note to confirm that cargo has been loaded onto the vehicle and
shall refuse to drive if the cargo is not loaded in accordance with regulations
of law;
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d) Not carry cargo that are dangerous, banned,
smuggled, wild fauna and flora; not carry cargo exceeding the weight limit and
capacity limit prescribed by law;
Article 26. Transport of
internal personnel by motorized 4-wheeled vehicles
1. Only use motorized 4-wheeled vehicles that are
roadworthy according to Clause 1 Article 35, Clause 1 and Clause 2 Article 40
of the Law on Road Traffic Order and Safety.
2. Comply with the regulations of Clause 3 Article
66 of the Law on Road.
3. Comply with regulations of Point b Clause 1,
Point b and Point c Clause 2 Article 24 of this Decree.
Article 27. Internal cargo transport
by motorized 4-wheeled vehicles
1. Only use motorized 4-wheeled vehicles that are
roadworthy according to Clause 1 Article 35, Clause 1 and Clause 2 Article 40
of the Law on Road Traffic Order and Safety.
2. Comply with regulations of Point b Clause 1,
Point b, Point c and Point g Clause 2 Article 25 of this Decree.
Chapter III
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Section 1. GENERAL PROVISIONS
Article 28. Operational scope
of vehicles
1. Vehicles granted vehicle cross-border transport permits
shall adhere to on the routes and checkpoints stated in the permits. For
international road transport between Vietnam and China, vehicles shall adhere
to the routes and checkpoints specified in the Vietnam - China cross-border
transport permits.
2. Vehicles must not carry goods or passengers
between two points in the territory of another member state; must not carry
goods between points in the territory of the transit country.
Article 29. General provisions
on cross-border transport permits and vehicle cross-border transport permits
1. Cross-border transport permits shall be issued
by competent authorities to transport businesses to carry out international
road transport activities. For international road transport between Vietnam and
China, cross-border transport permits shall be issued to official vehicles and
vehicles performing cross-border road transport between Vietnam and China.
2. Vehicle cross-border transport permits are
issued by competent authorities to vehicles to carry out international road
transport activities.
a) A vehicle cross-border transport permit issued
to a commercial vehicle allows for multiple trips, each of which lasts no more
than 30 days, and is effective for 01 year from the issuance date, except for
cases specified in Points b, c, and d of this Clause;
b) Vietnam – Laos vehicle cross-border transport
permits issued to vehicles of enterprises serving construction, projects,
business activities of the enterprises in the territory of Laos allow for
multiple trips, each of which lasts no more than 30 days, and are effective for
01 year from the issuance date;
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d) There are two types of vehicle cross-border
transport permits for commercial vehicle travel between Vietnam and Cambodia:
Type 1 permit allows for multiple trips, each of which lasts no more than 30
days and has an effective period of up to 01 year; type 2 permit allows for a
single trip and has an effective period of up to 30 days;
dd) Vehicle cross-border transport permits for
non-commercial vehicle travel between Vietnam - Laos or Vietnam - Laos -
Cambodia allow for multiple trips and are effective for up to 30 days;
e) Vehicle cross-border transport permits for
official vehicles, vehicles of foreign affair missions, international
organizations travelling between Vietnam and Laos allow for multiple trips and
have an effective period equal to the duration of the trip but not exceeding 01
year;
g) There are two types of vehicle cross-border
transport permits for non-commercial vehicle travelling between Vietnam -
Cambodia (other than ambulances and fire engines exempted from the permit
according to Vietnam-Cambodia Road Transport Agreement): Type 1 permit allows
for multiple trips, each of which lasts no more than 30 days and has an
effective period of up to 01 year; type 2 permit allows for a single trip and
has an effective period of up to 30 days.
3. The effective period of a vehicle cross-border
transport permit issued to a vehicle must not exceed the service life of such
vehicle.
Section 2. PROCEDURES FOR
ISSUANCE, REISSUANCE, REVOCATION OF ASEAN CROSS-BORDER TRANSPORT PERMITS AND
ASEAN VEHICLE CROSS-BORDER TRANSPORT PERMITS
Article 30. Issuance and
re-issuance of ASEAN cross-border transport permits
1. Eligibility:
ASEAN cross-border transport permits are issued to
Vietnamese transport businesses having ASEAN international road transport
activities.
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3. Issuing authority: Department for Roads of
Vietnam
4. Procedures:
a) The transport business shall submit 01
application for the issuance or re-issuance of the ASEAN cross-border transport
permit to the issuing authority in person, online or by post;
c) Within 02 working days from the date of receipt
of the satisfactory application, the issuing authority shall issue the ASEAN
cross-border transport permit according to Form No. 02 in Appendix VII of this
Decree. In case the application is rejected, the issuing authority shall send a
notification in writing or via the online public service system and provide
explanation;
d) Results shall be provided in person at the
competent authority or by post.
5. In case the ASEAN cross-border transport permit
is damaged or lost, its holder (transport enterprise) shall prepare an
application for re-issuance according to the provisions of Clauses 2 and 4 of
this Article.
Article 31. Revocation of
ASEAN cross-border transport permits
1. The issuing authority shall revoke the ASEAN cross-border
transport permit when the transport business commits one of the following
violations:
a) Perform a type of transport not specified in the
ASEAN cross-border transport permit;
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c) A specialized regulatory agency at the border
checkpoint requests the revocation because of violations related to import and
export activities at the checkpoint, regulations on management of activities at
the checkpoint area;
d) The transport business is terminated as
prescribed by law.
2. Procedures:
a) The issuing authority shall issue a decision to
withdraw the ASEAN cross-border transport permit and send it to the transport
business, regulatory agencies at the border checkpoint and relevant agencies;
post information on the website of the issuing authority and simultaneously
notify ASEAN member states in writing for joint management;
b) Within 15 days after the issuing authority signs
the decision on revocation of the ASEAN cross-border transport permit, the
transport business must turn in the ASEAN cross-border transport permit and all
ASEAN vehicle cross-border transport permits to the issuing authority, and
terminate all ASEAN road transport business activities under the revocation
decision.
In case the transport business turns in the ASEAN
cross-border transport permit and all ASEAN vehicle cross-border transport
permits under the revocation decision, the issuing authority shall not reissue
the ASEAN cross-border transport permit for 30 days from the day on which the
transport business turns in the ASEAN cross-border transport permit and all
ASEAN vehicle cross-border transport permits under the revocation decision.
In case the transport business fails to turn in or
fully turn in the ASEAN cross-border transport permit and the ASEAN vehicle
cross-border transport permits under the revocation decision, the issuing
authority shall not reissue the ASEAN cross-border transport permit for 45 days
from the day on which the transport business turns in the ASEAN cross-border
transport permit and all ASEAN vehicle cross-border transport permits under the
revocation decision. After this 45-day period, if the transport business wishes
to resume the business, it shall follow the procedures for issuance of the
ASEAN cross-border transport permit and all ASEAN vehicle cross-border
transport permits prescribed by this Decree.
Article 32. Issuance and
re-issuance of ASEAN vehicle cross-border transport permits
1. Eligibility:
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2. Composition of application:
a) Application form No. 03, Appendix VII of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the transport business, present the copies, authenticated copies or
authenticated electronic copies of originals or electronic copies extracted
from master registers of one of the following documents: the vehicle lease
contract with the vehicle owner, the service contract between the member and
the cooperative, the business cooperation contract, or the finance lease
contract (in case of finance lease).
3. Issuing authority: Department for Roads of
Vietnam
4. Procedures:
a) The transport business shall submit 01
application for the issuance or re-issuance of the ASEAN vehicle cross-border
transport permit to the issuing authority in person, online or by post;
b) The issuing authority shall receive and examine
the application. In case the application is received in person or by post, the
receiving official shall update information in the application to the online
public service system of the issuing authority. In case the application needs
to be revised or supplemented, the issuing authority shall notify the transport
business (applicant) in person, in writing or via the online public service
system within 01 working day from the date of receipt of the application;
c) Within 02 working days from the date of receipt
of the satisfactory application, the issuing authority shall issue the ASEAN
vehicle cross-border transport permit according to Form No. 04 in Appendix VII
of this Decree. In case the application is rejected, the issuing authority
shall send a notification in writing or via the online public service system
and provide explanation;
d) Results shall be provided in person at the
competent authority or by post.
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Article 33. Revocation of
ASEAN vehicle cross-border transport permits
1. The issuing authority shall revoke the ASEAN
vehicle cross-border transport permit when the transport business commits one
of the following violations:
a) Failure to comply with the contents of the
vehicle cross-border transport permit during transport across ASEAN countries’
borders;
b) Failure to carry out transport across ASEAN
countries’ borders within 03 months from the date of issuance of the vehicle
cross-border transport permit;
c) Failure to conduct at least 03 trips of
transport across ASEAN countries’ borders within 06 consecutive months (a trip
includes both the outgoing trip and return trip);
d) The license for transport business by
automobiles or ASEAN cross-border transport permit or vehicle permit sticker is
revoked by a competent authority;
dd) The time limit for re-import of the vehicle into
Vietnam has expired, except in cases of natural disasters, accidents or force
majeure events.
e) Providing copies that differ from originals or
false information in the application for the ASEAN vehicle cross-border
transport permit, or committing dishonest acts in order to obtain the ASEAN
vehicle cross-border transport permit.
2. Procedures:
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b) Within 10 days after the issuing authority
issues the decision on revocation of the ASEAN vehicle cross-border transport
permit, the transport business must turn in the ASEAN vehicle cross-border
transport permit to the issuing authority, and stop using the vehicle for
transport business across ASEAN countries’ borders.
After the ASEAN vehicle cross-border permit is
turned in by the transport business under the revocation decision, the issuing
authority shall not issue or reissue the ASEAN vehicle cross-border permit for
30 days (60 days if the violation is repeated within 06 consecutive months)
from the day on which it is turned in. After 30 days (60 days if the violation
is repeated within 06 consecutive months) from the day on which the permit is
turned in, if transport business wishes to continue to use the vehicle for
business operation, it may apply for issuance of the permit in accordance with
regulations of this Decree.
If the ASEAN vehicle cross-border permit is not
turned in by the transport business by the aforesaid deadline, the issuing
authority shall not issue or reissue the ASEAN vehicle cross-border permit for
45 days (90 days if the violation is repeated within 06 consecutive months)
from the day on which it is turned in under the revocation decision. After this
period, if the transport business wishes to continue to use the vehicle for
business operation, it may apply for issuance of the ASEAN vehicle cross-border
permit in accordance with regulations of this Decree;
c) ASEAN vehicle cross-border permits will not be
issued or reissued to transport businesses that fail to comply with revocation
decisions. After the transport business has fully complied with the revocation
decision, the issuing authority will carry on the procedures specified in this
Decree. In case the transport business sends the issuing authority a written
notification of the loss of the ASEAN vehicle cross-border permit after a
revocation decision is issued, the issuing authority will not issue or reissue
the ASEAN vehicle cross-border permit for 60 days from the day on which the
transport business’ notification is received.
Article 34. Extension of
operation period in Vietnam for vehicles of countries implementing the ASEAN
framework agreements on cross-border road transport
1. Eligibility: Vehicles of countries implementing
the ASEAN Framework Agreements on cross-border road transport operating beyond
the operation period in Vietnam specified in their ASEAN vehicle cross-border
transport permits in case of force majeure events.
2. Extending authorities: Departments of Transport
of provinces and central-affiliated cities where the vehicles encounter the
force majeure events.
3. Composition of application:
a) The request form No. 05, Appendix VII of this
Decree;
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4. Procedures:
a) Submit 01 application in person to the
Department of Transport of the province/city where the vehicle encounters the
force majeure event;
b) Within 02 working days from the date of receipt
of the satisfactory application, the competent authority shall extend the
operation time for the vehicle of the country implementing the ASEAN framework
agreements on cross-border road transport. If the application is rejected, the
competent authority shall respond in writing and provide explanation.
Section 3. PROCEDURES FOR
ISSUANCE, REISSUANCE, REVOCATION OF GMS ROAD TRANSPORT PERMITS AND GMS VEHICLE
PERMITS
Article 35. Issuance and
re-issuance of GMS road transport permits
1. Eligibility: GMS road transport permits are
granted to Vietnamese transport businesses that conduct transport business
under Greater Mekong Subregion Cross-Border Transport Agreement (GMS-CBTA).
2. Composition of the application: Application form
No. 01 in Appendix VIII of this Decree.
3. Issuing authority: Department for Roads of
Vietnam
4. Procedures:
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b) The issuing authority shall receive and examine
the application. In case the application is received in person or by post, the
receiving official shall update information in the application to the online
public service system of the issuing authority. In case the application needs
to be revised or supplemented, the issuing authority shall notify the transport
business (applicant) in person, in writing or via the online public service
system within 01 working day from the date of receipt of the application;
c) Within 02 working days from the date of receipt
of the satisfactory application, the issuing authority shall issue the GMS road
transport permit according to Form No. 02 in Appendix VIII of this Decree. In
case the application is rejected, the issuing authority shall send a
notification in writing or via the online public service system and provide
explanation;
d) Results shall be provided in person at the
competent authority or by post.
5. In case the GMS road transport permit is damaged
or lost, the transport business shall make an application for re-issuance of
the permit according to the provisions of Clauses 2 and 4 of this Article.
Article 36. Revocation of GMS
road transport permits
1. The issuing authority shall revoke the GMS road
transport permit when the transport business commits one of the following
violations:
a) Perform a type of transport not specified in the
GMS road transport permit;
b) The license for transport business by
automobiles is revoked by a competent authority;
c) A specialized regulatory agency at the border
checkpoint requests the revocation because of violations related to import and
export activities at the checkpoint, regulations on management of activities at
the checkpoint area;
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a) The issuing authority shall issue a decision to
withdraw the GMS road transport permit and send it to the transport business,
regulatory agencies at the checkpoint and relevant agencies; post information
on the website of the issuing authority and simultaneously notify in writing
GMS-CBTA member states for joint management;
b) Within 15 days after the issuing authority signs
the decision on revocation of the GMS road transport permit, the transport
business must turn in the GMS road transport permit, all GMS vehicle permits
and the Motor Vehicle Temporary Admission Documents (hereinafter referred to as
“TAD”) to the issuing authority, and terminate all GMS-CBTA road transport
business activities under the revocation decision.
In case the transport business turns in the GMS
road transport permit, all GMS vehicle permits and TADs under the revocation
decision, the issuing authority shall not reissue the GMS road transport permit
for 30 days from the day on which the transport business turns in the GMS road
transport permit, all GMS vehicle permits and TADs under the revocation
decision.
In case the transport business fails to turn in or
fully turn in the GMS road transport permit, all GMS vehicle permits and TADs
under the revocation decision, the issuing authority shall not reissue the GMS
road transport permit for 45 days from the day on which the transport business
turns in the GMS road transport permit, all GMS vehicle permits and TADs under
the revocation decision. After this 45-day period, if the transport business
wishes to resume the business, it shall follow the procedures for issuance of
the GMS road transport permit, GMS vehicle permits and TADs prescribed by this
Decree.
Article 37. Issuance and
re-issuance of GMS vehicle permits or TADs
1. Eligibility: GMS vehicle permits or TADs are issued
to vehicles under the lawful use rights of transport businesses that have been
issued with GMS road transport permits.
2. Composition of application:
a) Application form No. 03 in Appendix VIII of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the transport business, present the copies, authenticated copies or
authenticated electronic copies of originals or electronic copies extracted
from master registers of one of the following documents: the vehicle lease
contract with the vehicle owner, the service contract between the member and
the cooperative, the business cooperation contract, or the finance lease
contract (in case of finance lease).
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4. Procedures:
a) The transport business shall submit 01
application for the issuance of a GMS vehicle permit or TAD to the issuing
authority in person, online or by post;
b) The issuing authority shall receive and examine
the application. In case the application is received in person or by post, the
receiving official shall update information in the application to the online
public service system of the issuing authority. In case the application needs
to be revised or supplemented, the issuing authority shall notify the transport
business (applicant) in person, in writing or via the online public service
system within 01 working day from the date of receipt of the application;
c) Within 02 working days from the date of receipt
of the satisfactory application, the issuing authority shall issue the GMS
vehicle permit according to Form No. 04 in Appendix VIII or issue the TAD
according to form No. 05 in Appendix VIII of this Decree. In case the
application is rejected, the issuing authority shall send a notification in
writing or via the online public service system and provide explanation;
d) Results shall be provided in person at the
competent authority or by post.
5. When an GMS vehicle permit or TAD expires or
runs out of pages for seals to be appended by border authority, its holder
(transport business) shall submit an application for re-issuance in accordance
with Clause 2 and Clause 4 of this Article; In case an GMS vehicle permit or
TAD is lost or damage, its holder shall submit an application for re-issuance
in accordance with Point a Clause 2 and Clause 4 of this Article.
Article 38. Revocation of GMS
vehicle permit or TAD
1. The issuing authority shall withdraw the GMS
vehicle permit or TAD when the transport business commits one of the following
violations:
a) Failure to comply with the contents of the
permit or TAD when performing transport activities under GMS-CTBA;
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c) Failure to conduct at least 03 trips of
transport under GMS-CBTA within 06 consecutive months (a trip includes both the
outgoing trip and return trip);
d) The license for transport business by
automobiles or GMS road transport permit or vehicle permit sticker is revoked
by a competent authority;
e) Providing copies that differ from originals or
false information in the application for the GMS vehicle permit or TAD, or committing
dishonest acts in order to obtain the GMS vehicle permit or TAD.
2. Procedures:
a) The issuing authority shall issue a decision to
revoke the GMS vehicle permit or TAD and send it to the transport business,
regulatory agencies at the border checkpoint and relevant agencies; post
information on the website of the issuing authority and simultaneously notify
in writing GMS-CBTA Parties for joint management;
b) Within 10 days after the issuing authority
issues the decision on revocation of the GMS vehicle permit or TAD, the
transport business must turn in the GMS vehicle permit or TAD to the issuing
authority, and stop using the vehicle for GMS-CBTA transport business.
After the GMS vehicle permit or TAD is turned in by
the transport business under the revocation decision, the issuing authority
shall not issue or reissue the GMS vehicle permit or TAD for 30 days (60 days
if the violation is repeated within 06 consecutive months) from the day on
which it is turned in. After 30 days (60 days if the violation is repeated
within 06 consecutive months) from the day on which the GMS vehicle permit or
TAD is turned in, if the transport business wishes to continue to use the
vehicle for business operation, it may apply for issuance in accordance with
regulations of this Decree.
If the GMS vehicle permit or TAD is not turned in
by the transport business by the aforesaid deadline, the issuing authority
shall not issue or reissue the GMS vehicle permit or TAD for 45 days (90 days
if the violation is repeated within 06 consecutive months) from the day on
which the GMS vehicle permit or TAD is turned in under the revocation decision.
After this period, if the transport business wishes to continue to use the
vehicle for business operation, it may apply for issuance of the GMS vehicle
permit or TAD in accordance with regulations of this Decree;
c) GMS vehicle permits or TADs will not be issued
or reissued to transport businesses that fail to comply with revocation
decisions. After the transport business has fully complied with the revocation
decision, the issuing authority will carry on the procedures specified in this
Decree. In case the transport business sends the issuing authority a written
notification of the loss of the GMS vehicle permit or TAD after a revocation decision
is issued, the issuing authority will not issue or reissue the GMS vehicle
permit or TAD for 60 days from the day on which the transport business’
notification is received.
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1. Eligibility: Vehicles of countries implementing
the GMS-CBTA beyond the operation period in Vietnam specified in the GMS
vehicle permit or TAD in case of force majeure events.
2. Extending authorities: Departments of Transport
of provinces and central-affiliated cities where the vehicles encounter the
force majeure events.
3. Composition of application:
a) The request form No. 06, Appendix VIII of this
Decree;
b) The GMS vehicle permit or TAD (original).
4. Procedures:
a) Submit 01 application in person to the
Department of Transport of the province/city where the vehicle encounters the
force majeure event;
b) Within 02 working days from the date of receipt
of the satisfactory application, the competent authority shall extend the
operation time for the vehicle of the country implementing the GMS-CBTA. If the
application is rejected, the competent authority shall respond in writing and
provide explanation.
Section 4. PROCEDURES FOR
ISSUANCE, REISSUANCE, REVOCATION OF VIETNAM - LAOS - CAMBODIA VEHICLE CROSS -
BORDER TRANSPORT PERMIT
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1. Eligibility: Vietnam - Laos - Cambodia vehicle
cross-border transport permits are issued to vehicles of organizations and
individuals, transport businesses that meet the conditions prescribed by law on
road transport between Vietnam, Laos and Cambodia.
2. Composition of application for commercial
vehicle:
a) Application form No. 01, Appendix IX of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the transport business, present the copies, authenticated copies or
authenticated electronic copies of originals or electronic copies extracted
from master registers of one of the following documents: the vehicle lease
contract with the vehicle owner, the service contract between the member and
the cooperative, the business cooperation contract, or the finance lease
contract (in case of finance lease).
3. Composition of application for non-commercial vehicle:
a) Application form No. 02, Appendix IX of this
Decree;
b) The certificate of automobile registration
(copies, authenticated copies or authenticated electronic copies of originals
or electronic copies extracted from master registers). If the vehicle is not
owned by the applicant, enclose documents proving the applicant’s lawful right
to use the vehicle (copies, authenticated copies or authenticated electronic
copies of originals or electronic copies extracted from master registers);
c) If the applicant is an enterprise executing a
construction work, project or business operation in Laos or Cambodia, the
contract or documents proving the enterprise is executing a construction work,
project or business operation in Laos or Cambodia (copies, authenticated copies
or authenticated electronic copies of originals or electronic copies extracted
from master registers; Vietnamese translation of the contract which is
authenticated or certified by a notary office if the contract is written in a
foreign language)
4. Department for Roads of Vietnam shall issue
permits to the following commercial vehicles: contracted passenger transport
vehicles. cargo transport vehicles;
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6. Department of Transport of the province/city
where there is a border checkpoint with Laos and Cambodia according to the
Appendix to the Memorandum of Understanding between the Governments of the
Kingdom of Cambodia, the Lao People's Democratic Republic and the Socialist
Republic of Vietnam on road transport and issuance of permits to non-commercial
vehicles of organizations and individuals located in other provinces of Vietnam
to pass through their border checkpoints in their provinces.
7. Procedures:
b) Within 02 working days from the date of receipt
of the satisfactory application, the issuing authority shall issue the Vietnam
- Laos - Cambodia vehicle cross-border transport permit according to Form No.
03 (for commercial vehicles) or form No. 04 (for non-commercial vehicles) in
Appendix IX of this Decree. In case the application is rejected, the issuing
authority shall send a notification in writing or via the online public service
system and provide explanation;
c) Results shall be provided in person at the
competent authority or by post.
8. When a Vietnam - Laos - Cambodia vehicle
cross-border transport permit expires or runs out of pages for seals to be
appended by border authority, its holder (transport business) shall submit an
application for re-issuance of the permit in accordance with Clause 2, Clause 3
and Clause 7 of this Article; In case a Vietnam - Laos - Cambodia vehicle
cross-border transport permit is lost or damage, its holder shall submit an
application for re-issuance of the permit in accordance with Point a Clause 2,
Point a Clause 3 and Clause 7 of this Article.
Article 41. Revocation of
Vietnam - Laos - Cambodia vehicle cross-border transport permits
1. The issuing authority shall revoke the Vietnam -
Laos - Cambodia vehicle cross-border transport permit when the transport
business commits one of the following violations:
a) Failure to comply with the contents of the
Vietnam - Laos - Cambodia vehicle cross-border transport permit;
b) Failure to carry out transport activities across
the borders between Vietnam, Laos and Cambodia within 03 months from the
issuance date of the permit (only applicable to Vietnam - Laos - Cambodia
vehicle cross-border transport permits issued to commercial vehicles);
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d) The time limit for re-import of the vehicle into
Vietnam has expired, except in cases of natural disasters, accidents or force
majeure events;
dd) The license for transport business by
automobiles or Vietnam - Laos cross-border transport permit or Vietnam -
Cambodia cross-border transport permit or vehicle permit sticker is revoked by
a competent authority (only applicable to Vietnam - Laos - Cambodia vehicle
cross-border transport permits issued to commercial vehicles)
e) Providing copies that differ from originals or
false information in the application for the Vietnam - Laos - Cambodia vehicle
cross-border transport permit, or committing dishonest acts in order to obtain
the Vietnam - Laos - Cambodia vehicle cross-border transport permit.
2. Procedures:
b) Within 10 days after the issuing authority
issues the decision on revocation of the Vietnam - Laos - Cambodia vehicle
cross-border transport permit, the transport business must turn in the permit
to the issuing authority, and stop using the vehicle for transport business
across the borders of Vietnam, Laos and Cambodia.
After the Vietnam - Laos - Cambodia vehicle
cross-border transport permit is turned in by the transport business under the
revocation decision, the issuing authority shall not issue or reissue the
Vietnam - Laos - Cambodia vehicle cross-border transport permit for 30 days (60
days if the violation is repeated within 06 consecutive months) from the day on
which it is turned in. After 30 days (60 days if the violation is repeated
within 06 consecutive months) from the day on which the permit is turned in, if
transport business wishes to continue to use the vehicle for business
operation, it may apply for issuance of the permit in accordance with
regulations of this Decree.
If the Vietnam - Laos - Cambodia vehicle
cross-border transport permit is not turned in by the transport business by the
aforesaid deadline, the issuing authority shall not issue or reissue the permit
for 45 days (90 days if the violation is repeated within 06 consecutive months)
from the day on which it is turned in under the revocation decision. After this
period, if the transport business wishes to continue to use the vehicle for
business operation, it may apply for issuance of the Vietnam - Laos - Cambodia
vehicle cross-border transport permit in accordance with regulations of this
Decree;
c) Vietnam - Laos - Cambodia vehicle cross-border
transport permits will not be issued or reissued to transport businesses that
fail to comply with revocation decisions. After the transport business has
fully complied with the revocation decision, the issuing authority will carry
on the procedures specified in this Decree. In case the transport business
sends the issuing authority a written notification of the loss of the Vietnam -
Laos - Cambodia vehicle cross-border transport permit after a revocation
decision is issued, the issuing authority will not issue or reissue the Vietnam
- Laos - Cambodia vehicle cross-border transport permit for 60 days from the
day on which the transport business’ notification is received.
Article 42. Extension of
operation period in Vietnam for vehicles of Laos and Cambodia
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3. Composition of application:
a) The request form No. 05, Appendix IX of this
Decree;
b) The Vietnam - Laos - Cambodia vehicle
cross-border transport permit (original).
4. Procedures:
a) Submit 01 set of application in person to the
Department of Transport of the province/city where the vehicle encounters the
force majeure event;
b) Within 02 working days from the date of receipt
of the satisfactory application, the competent authority shall extend the
operation time for the vehicle of Laos or Cambodia. The extension can be
granted in the form of a separate document or an entry in the vehicle permit.
If the application is rejected, the competent authority shall respond in
writing and provide explanation.
Article 43. Procedures for
registration, suspension of route operation, addition or replacement of
vehicles for fixed route passenger transport between Vietnam, Laos and Cambodia
1. Eligibility:
Transport businesses that satisfy all conditions under
current regulations may register to operate fixed routes of passenger transport
between Vietnam, Laos and Cambodia.
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a) The application form No. 06, Appendix IX of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the transport business, present the copies, authenticated copies or
authenticated electronic copies of originals or electronic copies extracted
from master registers of one of the following documents: the vehicle lease
contract with the vehicle owner, the service contract between the member and
the cooperative, the business cooperation contract or the finance lease
contract (in case of finance lease);
c) Plan to operate the fixed route of passenger
transport between Vietnam, Laos and Cambodia according to Form No. 07 in
Appendix IX of this Decree;
d) Cooperation contract between the Vietnamese
transport business and the partner of Laos and/or Cambodia (copy, authenticated
copy or authenticated electronic copy of the original or electronic copy
extracted from the master register, or the original for comparison).
4. Procedures:
a) The transport business shall submit 01
application to the Department of Transport in person, online or by post. The
Department of Transport shall receive and examine the application. In case the
application is received in person or by post, the receiving official shall
update information in the application to the online public service system of
the Department of Transport. In case the application needs to be revised or
supplemented, the Department of Transport shall notify the transport business
(applicant) in person, in writing or via the online public service system
within 01 working day from the date of receipt of the application;
b) Within 02 working days from the date of receipt
of the satisfactory application, the Department of Transport shall issue a
written notice of operation of the fixed route of passenger transport according
to Form No. 08 Appendix IX of this Decree and give a certification in the
cooperation contract of the transport business. In case the application is
rejected, the Department of Transport shall respond in writing or via the
online public service system and provide explanation;
c) Results shall be provided in person at the
Department of Transport or by post.
5. The written notice of route operation expires in
case the transport business fails to put the vehicle into operation within 60
days from its effective date.
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7. All vehicles used for fixed route passenger
transport between Vietnam, Laos and Cambodia shall have dispatch orders. A
dispatch order shall be issued to each outgoing and return trip (in case the
trip is made in many days), or on daily basis (in case of multiple trips in a
day). Dispatch orders shall be issued by the transport business according to
Form No. 09 in Appendix IX of this Decree and numbered by year for management.
8. Addition, replacement of vehicles for fixed
route operation
a) A transport business operating a route may add
or replace vehicles;
b) The application for registration of addition or
replacement of vehicles shall be prepared according to Clause 2 of this Article
using application form No. 06 in Appendix IX hereof;
c) Procedures in Clause 4 of this Article shall be
followed.
9. Suspension of route operation, suspension of
vehicles operating fixed routes between Vietnam, Laos and Cambodia
a) When the operation of a route or vehicle
operating on the route has to be suspended, the transport business submit
notification Form No. 10 in Appendix IV of this Decree to the competent
authority and the frontline station on the Vietnamese side, return the notice
of route operation, the international vehicle registration code, and the
vehicle cross-border transport permit of the suspended vehicle to the competent
authority.
The transport business is only allowed to suspend a
route or vehicle after a noticed has been posted at the frontline bus station
on the Vietnamese side for at least 10 days;
b) Within 02 working days from the date of receipt
of the notification, the competent authority shall issue a notice of suspension
of route operation using Form No. 11 of Appendix VI of this Decree and make a
public announcement for other transport businesses to register for operation.
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a) At least 10 days before adjusting the frequency
of vehicle operation on the route, the transport business must send a written
notice according to Form No. 12 in Appendix VI of this Decree to the competent
authority and the frontline bus station on the Vietnamese side;
b) Within 02 working days from the date of receipt
of the written request, the competent authority shall issue a notice of
adjustment of frequency of vehicle operation on the route according to Form No.
13 in Appendix VI of this Decree.
Section 5. PROCEDURES FOR
ISSUANCE, RE-ISSUANCE, REVOCATION OF VIETNAM – CHINA CROSS-BORDER TRANSPORT
PERMITS
Article 44. Vietnam - China
cross-border transport permits
A Vietnam - China cross-border transport permit is
a permit specified in the Protocol between the Government of the Socialist
Republic of Vietnam and the Government of the People's Republic of China on the
implementation of The Road Transport Agreement between the Government of the
Socialist Republic of Vietnam and the Government of the People's Republic of
China signed on October 11, 2011 includes:
1. Type A transport permits shall be issued to
vehicles transporting passengers (including tourists) periodically and valid for
multiple entries and exits in the year, applicable to vehicles operating on the
routes between border regions of the two countries.
2. Type B transport permits shall be issued to
vehicles transporting passengers (including tourists) non-periodically and
valid for a single entry and exit in the year, applicable to vehicles operating
on routes between border regions of the two countries and official vehicles.
4. Type D transport permits shall be issued to
vehicles transporting dangerous goods and oversize load, valid for a single entry
and exit in the year.
5. Type E transport permits shall be issued to
vehicles transporting passengers (including tourists) periodically and valid
for multiple entries and exits in the year, applicable to vehicles operating on
inner routes of the two countries.
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7. Type G transport permits shall be issued to
cargo transport vehicles and valid for a single entry and exit in the year,
applicable to cargo transport vehicles operating on inner routes of the two
countries
Article 45. Issuance and
re-issuance of Types A, B, C, E, F, G Vietnam - China cross-border transport
permits to Vietnamese vehicles
1. Eligibility: Types A, B, C, E, F, G permits
are issued to vehicles of transport businesses and official vehicles of
Vietnam.
2. Composition of an application for issuance or
re-issuance of the permit for a commercial vehicle:
a) Application form No. 01 in Appendix X of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the transport business, present the copies, authenticated copies or
authenticated electronic copies of originals or electronic copies extracted
from master registers of one of the following documents: the vehicle lease
contract with the vehicle owner, the service contract between the member and
the cooperative, the business cooperation contract, or the finance lease contract
(in case of finance lease).
3. Composition of an application for issuance or
re-issuance of the permit for a official vehicle:
a) Application form No. 02 in Appendix X of this
Decree;
b) Copies, authenticated copies or authenticated
electronic copies of originals or electronic copies extracted from master
registers of the automobile registration certificate;
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4. Issuing authorities:
a) Department for Roads of Vietnam shall issue:
Type E transport permits; Type F, G transport permits for the first time in the
year (from January 1st to December 31st);
b) Departments of Transport of Quang Ninh, Lang
Son, Cao Bang, Ha Giang, Lao Cai, Lai Chau shall issue: Type A, B, C transport
permits; Type F, G transport permits for the second time in the year.
5. Procedures for issuing Type A, class E transport
permits; initial Type B, C, F, G transport permits (the first time in the
year):
b) The applicant shall submit 01 application to the
issuing authority in person, online or by post. In case the application is
received in person or by post, the issuing authority, the receiving official
shall update information in the application to the online public service system
of the issuing authority. In case the application needs to be revised or
supplemented, the issuing authority shall notify the transport business
(applicant) in person, in writing or via the online public service system
within 01 working day from the date of receipt of the application;
b) Within 02 working days from the date of receipt
of the satisfactory application, the issuing authority shall issue the
transport permit according to Form No. 03, 04, 05, 07, 08 and 09 in Appendix X
of this Decree. In case the application is rejected, the issuing authority
shall send a notification in writing or via the online public service system
and provide explanation;
c) Results shall be provided in person at the
issuing authority or by post.
After issuing Type F and G transport permits for
the first time in a year, Department for Roads of Vietnam shall notify the list
of vehicles issued with the permits to the Departments of Transport of the
provinces specified in Clause 4 of this Article.
6. Procedures for issuing subsequent Type B, C, F,
G transport permits (the second time onward in the year):
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b) On the basis of the vehicles to which initial
Type B, C, F, G transport permits are issued, Departments of Transport of
provinces specified in Clause 4 of this Article shall issue subsequent Type B,
C, F, G transport.
7. In case a Type A, B, C, E, F, G transport permit
for a Vietnamese vehicle is damaged or lost, its holder (transport business)
shall prepare an application for re-issuance of the permit according to the
provisions of Point a Clauses 2, 3, 5 and 6 of this Article.
Article 46. Letter of referral
for issuance of Type D Vietnam - China cross-border transport permits to
Vietnamese vehicles
1. Type D transport permits are issued by Chinese
authorities to Vietnamese vehicles. Before submitting an application for
issuance of the permit to the Chinese authority, the transport business shall
apply for a letter of referral as prescribed in Clauses 2 and 4 of this
Article.
2. Composition of an application for the letter of
referral:
a) Application form No. 10 in Appendix III of this
Decree;
b) The permit to transport oversize load or
dangerous goods issued by a competent Vietnamese authority (copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers);
3. Referring authorities: Departments of Transport
of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai provinces shall, on
the basis of the transport routes and pairs of border checkpoints, refer
Vietnamese transport businesses to Chinese authorities.
4. Procedures:
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b) Within 02 working days from the date on which
the satisfactory application is received, the Department of Transport of Quang
Ninh, Lang Son, Cao Bang, Ha Giang, or Lao Cai province shall refer the
applicant to the Chinese authority. In case the application is rejected, the
Department of Transport shall send a notification in writing or via the online
public service system and provide explanation;
c) Results shall be provided in person at the
referring authority or post service as per regulations.
Article 47. Issuance of Type D
Vietnam - China cross-border transport permits to Chinese vehicles
2. Composition of application:
a) Application form No. 11 in Appendix X of this
Decree;
b) Letter of referral from a Chinese authority
(copy enclosed with certified translations of papers and documents from Chinese
to Vietnamese or English in case the original is not bilingual in Vietnamese
and Chinese or Chinese and English);
c) The permit to transport oversize load or
dangerous goods issued by a Vietnamese authority (copies, authenticated copies
or authenticated electronic copies of originals or electronic copies extracted
from master registers);
d) The letter of referral from a Chinese authority
(a copy enclosed with certified translations of papers and documents from
Chinese to Vietnamese or English in case the original is not bilingual in
Vietnamese and Chinese or Chinese and English);
dd) The certificate of technical safety and
environmental safety (a copy enclosed with certified translations of papers and
documents from Chinese to Vietnamese or English in case the original is not
bilingual in Vietnamese and Chinese or Chinese and English);
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4. Procedures:
a) The applicant shall submit 01 application to the
issuing authority. The issuing authority shall receive and examine the
application. In case the application is received in person or by post, the
issuing authority, the receiving official shall update information in the
application to the online public service system of the issuing authority. In
case the application needs to be revised or supplemented, the issuing authority
shall notify the transport business (applicant) in person, in writing or via
the online public service system within 01 working day from the date of receipt
of the application;
b) Within 02 working days from the date of receipt of
the satisfactory application, the issuing authority shall issue the Type D
transport permit according to Form No. 06 in Appendix X of this Decree. In case
the application is rejected, the issuing authority shall send a notification in
writing or via the online public service system and provide explanation;
Article 48. Revocation of
Vietnam - China cross-border transport permits
1. The issuing authority shall revoke the Vietnam -
China cross-border transport permit when the transport business commits one of
the following violations:
a) Failure to comply with the contents stated in
the permit when conducting transport activities between Vietnam and China;
b) The license for transport business by
automobiles or the vehicle permit of vehicle is revoked by a competent
authority;
c) The time limit for re-import of the vehicle into
Vietnam has expired, except in cases of natural disasters, accidents or force
majeure events;
d) Providing copies that differ from originals or
false information in the application for the Vietnam - China cross-border
transport permit, or committing dishonest acts in order to obtain the Vietnam -
China cross-border transport permit.
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a) The issuing authority shall issue a decision to
revoke the Vietnam - China cross-border transport permit and send it to the
transport business, regulatory agencies at the checkpoint and relevant
agencies; post information on the website of the issuing authority and
simultaneously notify the Chinese authority for joint management;
b) Within 10 days after the issuing authority
issues the decision on revocation of the Vietnam - China cross-border transport
permit, the transport business must turn in the permit to the issuing
authority, and stop using the vehicle for transport business between Vietnam
and China.
After the Vietnam - China cross-border transport
permit is turned in by the transport business under the revocation decision,
the issuing authority shall not issue or reissue the Vietnam - China
cross-border transport permit for 30 days (60 days if the violation is repeated
within 06 consecutive months) from the day on which it is turned in. After 30
days (60 days if the violation is repeated within 06 consecutive months) from
the day on which the permit is turned in, if transport business wishes to
continue to use the vehicle for business operation, it may apply for issuance
of the permit in accordance with regulations of this Decree.
If the Vietnam - China cross-border transport
permit is not turned in by the transport business by the aforesaid deadline,
the issuing authority shall not issue or reissue the permit for 45 days (90
days if the violation is repeated within 06 consecutive months) from the day on
which it is turned in under the revocation decision. After this period, if the
transport business wishes to continue to use the vehicle for business
operation, it may apply for issuance of the Vietnam - China cross-border
transport permit in accordance with regulations of this Decree;
c) Vietnam - China vehicle cross-border transport
permits will not be issued or reissued to transport businesses that fail to
comply with revocation decisions. After the transport business has fully
complied with the revocation decision, the issuing authority will carry on the
procedures specified in this Decree. In case the transport business sends the
issuing authority a written notification of the loss of the Vietnam - China
vehicle cross-border transport permit after a revocation decision is issued,
the issuing authority will not issue or reissue the Vietnam - China vehicle
cross-border transport permit for 60 days from the day on which the transport
business’ notification is received.
Article 49. Extension of
operation period in Vietnam for Chinese vehicles
1. Chinese vehicles operating in Vietnam beyond the
operation period specified in the Vietnam - China cross-border transport permit
due to force majeure events may have the operation period extended 01 time for
no more than 10 days
2. Extending authorities: Departments of Transport
of provinces and central-affiliated cities where the vehicles are operating.
3. Composition of application:
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b) The Vietnam - China cross-border transport
permit (original).
4. Procedures:
a) Submit 01 set of application in person to the
Department of Transport of the province/city the vehicle is operating;
b) Within 02 working days from the date of receipt
of the satisfactory application, the competent authority shall extend the
operation time for the Chinese vehicle. If the application is rejected, the
competent authority shall respond in writing and provide explanation.
Article 50. Procedures for
registration, suspension of route operation, addition or replacement of
scheduled passenger transport vehicles between Vietnam and China
1. Applicants for registration to operate the
scheduled passenger transport routes between Vietnam and China:
Transport businesses that satisfy all conditions
under current regulations may register to operate scheduled passenger transport
routes between Vietnam and China.
2. Composition of application for
registration of scheduled passenger transport routes between Vietnam and China:
a) Application form No. 13, Appendix X of this
Decree;
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c) Plan to operate the scheduled passenger
transport route between Vietnam and China according to Form No. 14, Appendix
III of this Decree.
3. Route-operating authorities:
a) Department for Roads of Vietnam shall announce
the operation of scheduled passenger transport routes between Vietnam and China
for inner routes of the two countries;
b) Departments of Transport of Quang Ninh,
Lang Son, Cao Bang, Ha Giang, Lao Cai provinces shall announce the operation of
scheduled passenger transport routes between Vietnam and China between border
regions of the two countries within their provinces.
4. Procedures for registration to operate the
scheduled passenger transport route between Vietnam and China:
a) The transport business shall submit 01
application in person, online or by post. After receiving and examining the
application, the receiving official shall update information in the application
to the online public service system of the route-operating authority. In case
the application needs to be revised or supplemented, the route-operating
authority shall notify the transport business (applicant) in person, in writing
or via the online public service system within 01 working day from the date of
receipt of the application;
b) Within 02 working days from the date of receipt
of the satisfactory application, the route-operating authority shall issue a
written notice of operation of the scheduled passenger transport route
according to Form No. 15 Appendix X of this Decree. In case the application is
rejected, the route-operating authority shall respond in writing or via the online
public service system and provide explanation;
c) Results shall be provided in person at the
route-operating authority or by post as per regulations.
5. Addition, replacement of vehicles operating scheduled
passenger transport routes between Vietnam and China
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b) The application for registration of addition or
replacement of vehicles shall be prepared according to Clause 2 of this Article
using application form No. 13 in Appendix X hereof;
c) Procedures in Clause 4 of this Article shall be
followed.
6. Suspension of route operation and vehicles
operating scheduled passenger transport routes between Vietnam and China:
a) The transport business must send a written
notification according to form No. 16 in Appendix X of this Decree to the
route-operating authority and the frontline bus station on the Vietnamese side
and may only stop operating only after it has been posted at the frontline bus
station on the Vietnamese side for at least 10 days;
b) Within 02 working days from the date of receipt
of the notification, the competent authority shall issue a notice of suspension
of route operation using Form No. 15 of Appendix X of this Decree and make a
public announcement for other transport businesses to register for operation.
7. The written notice of route operation expires in
case the transport business fails to put the vehicle into operation within 60
days from its effective date.
Section 6. PROCEDURES FOR
ISSUANCE, REISSUANCE, REVOCATION OF VIETNAM – LAOS CROSS-BORDER TRANSPORT
PERMITS AND VIETNAM – LAOS VEHICLE CROSS-BORDER TRANSPORT PERMITS
Article 51. Issuance and
re-issuance of Vietnam - Laos cross-border transport permits
1. Eligibility: Vietnam - Laos cross-border
transport permits are issued to transport businesses of Vietnam which meets the
requirements in Article 19 of the Protocol on the implementation of the
Agreement on facilitation of transport road motor vehicles crossing the border
between the Government of the Socialist Republic of Vietnam and the Government
of Lao People's Democratic Republic.
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a) Application form No. 01, Appendix XI of this Decree;
b) The transport business plan according to Form
No. 02, Appendix XI of this Decree.
3. Issuing authorities: Departments of Transport of
provinces and centrally affiliated cities.
4. Procedures:
a) The transport business shall submit 01
application for the issuance or re-issuance of the Vietnam - Laos cross-border
transport permit to the issuing authority in person, online or by post;
b) The issuing authority shall receive and examine
the application. In case the application is received in person or by post, the
issuing authority, the receiving official shall update information in the
application to the online public service system of the issuing authority. In
case the application needs to be revised or supplemented, the issuing authority
shall notify the transport business (applicant) in person, in writing or via
the online public service system within 01 working day from the date of receipt
of the application;
c) Within 02 working days from the date of receipt
of the satisfactory application, the issuing authority shall issue the Vietnam
- Laos cross-border transport permit according to Form No. 03 in Appendix XI of
this Decree. In case the application is rejected, the issuing authority shall
send a notification in writing or via the online public service system and
provide explanation;
d) Results shall be provided in person at the
competent authority or by post.
5. In case the Vietnam - Laos cross-border
transport permit is damaged or lost, the transport business shall make an
application for re-issuance according to the provisions of Clauses 2 and 4 of
this Article.
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1. The issuing authority shall revoke the Vietnam -
Laos cross-border transport permits when the transport business commits one of
the following violations:
a) Perform a type of transport not specified in the
Vietnam - Laos cross-border transport permit;
b) The license for transport business by
automobiles is revoked by a competent authority;
c) A specialized regulatory agency at the border
checkpoint requests the revocation because of violations related to import and
export activities at the checkpoint, regulations on management of activities at
the checkpoint area;
d) The transport business is terminated as
prescribed by law.
2. Procedures:
a) The issuing authority shall issue a decision to
revoke the Vietnam - Laos cross-border transport permit and send it to the
transport business, regulatory agencies at the checkpoint and relevant
agencies; post information on the website of the issuing authority;
In case the transport business turns in the Vietnam
- Laos cross-border transport permit and all Vietnam - Laos vehicle
cross-border transport permits under the revocation decision, the issuing
authority shall not reissue the Vietnam - Laos cross-border transport permit
for 30 days from the day on which the transport business turns in the Vietnam -
Laos cross-border transport permit and all Vietnam - Laos vehicle cross-border
transport permits under the revocation decision.
In case the transport business fails to turn in or
fully turn in the Vietnam - Laos cross-border transport permit and all Vietnam
- Laos vehicle cross-border transport permits under the revocation decision,
the issuing authority shall not reissue the Vietnam - Laos cross-border transport
permit for 45 days from the day on which the transport business turns in the
Vietnam - Laos cross-border transport permit and all Vietnam - Laos vehicle
cross-border transport permits under the revocation decision. After this 45-day
period, if the transport business wishes to resume the business, it shall
follow the procedures for issuance of the Vietnam - Laos cross-border transport
permit and Vietnam - Laos vehicle cross-border transport permits prescribed by
this Decree.
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1. Eligibility Vietnam - Laos vehicle cross-border
transport permits are issued to vehicles of organizations and individuals that
meet the conditions prescribed by law on road transport activities between
Vietnam and Laos and the provisions of the Protocol on implementation of the
Agreement on facilitation of transport for road motor vehicles to cross the
border between Vietnam and Laos.
2. Composition of an application for issuance or
re-issuance of the permit to a commercial vehicle:
a) Application form No. 04 in Appendix XI of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the transport business, present the copies, authenticated copies or
authenticated electronic copies of originals or electronic copies extracted
from master registers of one of the following documents: the vehicle lease
contract with the vehicle owner, the service contract between the member and
the cooperative, the business cooperation contract, or the finance lease
contract (in case of finance lease).
3. Composition of an application for issuance and
re-issuance of the permit for non-commercial vehicles and vehicles serving
works, projects or business activities of enterprises in the territory of Laos:
a) Application form No. 05 in Appendix XI of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (Copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the organization, present the copies, authenticated copies or authenticated
electronic copies of originals or electronic copies extracted from master
registers of the vehicle lease contract;
c) Copies, authenticated copies or authenticated
electronic copies of originals or electronic copies extracted from master
registers of the secondment decision issued by a competent authority (for
official vehicles, vehicles of diplomatic agencies an international
organizations during their business trips);
d) Copies, authenticated copies or authenticated
electronic copies of originals or electronic copies extracted from master
registers of the contract or document proving that the applicant is carrying
out works, projects or doing business in the territory of Laos (if the
applicant is serving works, projects or business activities in the territory of
Laos); Copies, authenticated copies or authenticated electronic copies of
originals or electronic copies extracted from master registers or the original
Vietnamese translation of the contract which is authenticated or certified by a
notary office if the contract is written in a foreign language
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a) The Departments of Transport shall issue Vietnam
- Laos vehicle cross-border transport permits to vehicles of agencies,
organizations, individuals and transport businesses in their provinces/cities;
b) The Departments of Transport of the
provinces/cities where there are border checkpoints with Laos shall issue
permits for non-commercial vehicles of organizations and individuals located in
other provinces of Vietnam to pass through the border checkpoints in their
respective provinces/cities.
5. Procedures:
b) Within 02 working days from the date of receipt
of the satisfactory application, the issuing authority shall issue the Vietnam
- Laos vehicle cross-border transport permit according to Form No. 06 in
Appendix XI of this Decree. In case the application is rejected, the issuing
authority shall send a notification in writing or via the online public service
system and provide explanation;
c) Results shall be provided in person at the
competent authority or by post.
6. When a Vietnam - Laos vehicle cross-border
transport permit expires or runs out of pages for seals to be appended by
border authority, its holder (transport business) shall submit an application
for re-issuance of the permit in accordance with Clause 2, Clause 3 and Clause
5 of this Article; In case a Vietnam - Laos vehicle cross-border transport
permit is lost or damage, its holder shall submit an application for
re-issuance of the permit in accordance with Point a Clause 2, Point a Clause 3
and Clause 5 of this Article.
Article 54. Revocation of
Vietnam - Laos vehicle cross-border transport permits
1. The issuing authority shall revoke the Vietnam -
Laos vehicle cross-border transport permit when the transport business commits
one of the following violations:
a) Failure to comply with the contents of the
vehicle cross-border transport permit during transport across between Vietnam
and Laos;
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c) The time limit for re-import of the vehicle into
Vietnam has expired, except in cases of natural disasters, accidents or force
majeure events;
d) Providing copies that differ from originals or
false information in the application for the Vietnam - Laos vehicle
cross-border transport permit, or committing dishonest acts in order to obtain
the Vietnam - Laos vehicle cross-border transport permit.
2. Procedures:
a) The issuing authority shall issue a decision to
revoke the Vietnam - Laos vehicle cross-border transport permit and send it to
the transport business, regulatory agencies at the checkpoint and relevant
agencies; post information on the website of the issuing authority;
After the Vietnam - Laos vehicle cross-border
transport permit is turned in by the transport business under the revocation
decision, the issuing authority shall not issue or reissue the Vietnam - Laos
vehicle cross-border transport permit for 30 days (60 days if the violation is
repeated within 06 consecutive months) from the day on which it is turned in.
After 30 days (60 days if the violation is repeated within 06 consecutive
months) from the day on which the permit is turned in, if transport business
wishes to continue to use the vehicle for business operation, it may apply for
issuance of the permit in accordance with regulations of this Decree.
If the Vietnam - Laos vehicle cross-border
transport permit is not turned in by the transport business by the aforesaid
deadline, the issuing authority shall not issue or reissue the permit for 45
days (90 days if the violation is repeated within 06 consecutive months) from
the day on which it is turned in under the revocation decision. After this
period, if the transport business wishes to continue to use the vehicle for
business operation, it may apply for issuance of the Vietnam - Laos vehicle
cross-border transport permit in accordance with regulations of this Decree;
c) Vietnam - Laos vehicle cross-border transport
permits will not be issued or reissued to transport businesses that fail to
comply with revocation decisions. After the transport business has fully
complied with the revocation decision, the issuing authority will carry on the
procedures specified in this Decree. In case the transport business sends the
issuing authority a written notification of the loss of the Vietnam - Laos
vehicle cross-border transport permit after a revocation decision is issued,
the issuing authority will not issue or reissue the Vietnam - Laos vehicle
cross-border transport permit for 60 days from the day on which the transport
business’ notification is received.
Article 55. Extension of
operation period in Vietnam for Laos vehicles
1. Vehicles of Laos operating in Vietnam beyond the
operation period specified in the vehicle cross-border transport permit due to
force majeure events may have the operation period extended 01 time for no more
than 10 days.
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3. Composition of application:
a) The request form No. 07, Appendix XI of this
Decree;
b) The Vietnam - Laos vehicle cross-border
transport permit (original).
4. Procedures:
b) Within 02 working days from the date of receipt
of the satisfactory application, the Department of Transport shall extend the
operation time in Vietnam for the Laos vehicle. The extension can be granted in
the form of a separate document or an entry in the vehicle permit. If the
application is rejected, the competent authority shall respond in writing and
provide explanation.
Article 56. Procedures for
registration, suspension of route operation, addition, replacement, suspension of
vehicles, adjustment of trip frequency on scheduled passenger transport routes
between Vietnam and Laos
1. Transport businesses that satisfy all conditions
under current regulations may register to operate scheduled passenger transport
routes between Vietnam and Laos.
2. Composition of an application for registration
to operate the scheduled passenger transport route between Vietnam and Laos:
a) Application form No. 08, Appendix XI of this
Decree;
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c) Plan to operate the scheduled passenger
transport route between Vietnam and Laos according to Form No. 09 in Appendix V
of this Decree.
3. Route-managing authority: Department for Roads
of Vietnam.
4. Procedures:
b) Within 02 working days from the date of receipt
of the satisfactory application, the Department for Roads of Vietnam shall
issue a written notice of operation of the scheduled passenger transport route
according to Form No. 10 Appendix XI of this Decree. In case the application is
rejected, the Department of Transport shall respond in writing or via the
online public service system and provide explanation;
c) Results shall be provided in person at the
Department of Transport or by post.
5. The written notice of route operation expires in
case the transport business fails to put the vehicle into operation within 60
days from its effective date.
6. A scheduled passenger transport route between
Vietnam and Laos must start and end within the territory of Vietnam, at a bus
station of class 01 to class 04 or a bus station of class 05 in the poor
district according to regulations of the Government.
7. All vehicles used for scheduled passenger
transport route between Vietnam and Laos shall have dispatch orders. A dispatch
order shall be issued to each outgoing and return trip (in case the trip is
made in many days), or on daily basis (in case of multiple trips in a day).
Dispatch orders shall be issued by the transport business according to Form No.
11 in Appendix XI of this Decree and numbered by year for management.
8. Addition, replacement of vehicles for scheduled
passenger transport route
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b) The application for registration of addition or
replacement of vehicles shall be prepared according to Clause 2 of this Article
using application form No. 08 in Appendix XI hereof;
c) The procedures specified in Clause 4 of this
Article shall be followed. The notification of addition or replacement of
vehicles shall be prepared according to form No. 12 in Appendix XI hereof.
9. Suspension of route operation, suspension of
vehicles for scheduled passenger transport between Vietnam and Laos:
a) When the operation of a route or vehicle
operating on the route has to be suspended, the transport business submit
notification Form No. 08 in Appendix XI of this Decree to the competent
authority and the frontline station on the Vietnamese side, return the notice
of route operation, the international vehicle registration code, and the
vehicle cross-border transport permit of the suspended vehicle to the competent
authority.
The transport business is only allowed to suspend a
route or vehicle after a noticed has been posted at the frontline bus station
in the Vietnamese side for at least 10 days;
b) Within 02 working days from the date of receipt
of the notification, the competent authority shall issue a notice of suspension
of vehicle operating the route, suspension route operation using Form No. 12,
form No. 13 in Appendix XI of this Decree and make a public announcement for
other transport businesses to register for operation.
10. Adjusting the frequency of vehicle operation on
the route
a) At least 10 days before adjusting the frequency
of vehicle operation on the route, the transport business must send a
notification according to Form No. 14, Appendix XI of this Decree to the
competent authority and the frontline bus station in the Vietnamese side;
b) Within 02 working days from the date of
receiving the written request, the competent authority shall notify the
adjustment of frequency of vehicle operation on the route according to Form No.
15 in Appendix Xi of this Decree.
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Article 57. Issuance and
re-issuance of Vietnam - Cambodia cross-border transport permits
1. Eligibility: Vietnam - Cambodia cross-border
transport permits are issued to transport businesses of Vietnam.
2. Composition of application:
a) Application form No. 01 in Appendix XII of this
Decree;
b) The transport business plan according to Form
No. 02, Appendix XII of this Decree.
3. Issuing authority: Department for Roads of
Vietnam
4. Procedures:
a) The transport business shall submit 01
application for the issuance or re-issuance of the Vietnam - Cambodia
cross-border transport permit to the issuing authority in person, online or by
post;
b) The issuing authority shall receive and examine
the application. In case the application is received in person or by post, the
issuing authority, the receiving official shall update information in the
application to the online public service system of the issuing authority. In
case the application needs to be revised or supplemented, the issuing authority
shall notify the transport business (applicant) in person, in writing or via
the online public service system within 01 working day from the date of receipt
of the application;
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d) Results shall be provided in person at the
competent authority or by post.
Article 58. Revocation of
Vietnam - Cambodia cross-border transport permits
1. The issuing authority shall revoke the Vietnam -
Cambodia cross-border transport permits when the transport business commits one
of the following violations:
a) Perform a type of transport not specified in the
Vietnam - Cambodia cross-border transport permits;
b) The license for transport business by
automobiles is revoked by a competent authority;
c) A specialized regulatory agency at the border
checkpoint requests the revocation because of violations related to import and
export activities at the checkpoint, regulations on management of activities at
the checkpoint area;
d) The transport business is terminated as
prescribed by law.
2. Procedures:
a) The issuing authority shall issue a decision to
revoke the Vietnam - Cambodia cross-border transport permit and send it to the
transport business, regulatory agencies at the checkpoint and relevant agencies;
post information on the website of the issuing authority and simultaneously
notify the Cambodian authority in writing for joint management;
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In case the transport business turns in the Vietnam
- Cambodia cross-border transport permit and all Vietnam - Cambodia vehicle
cross-border transport permits under the revocation decision, the issuing
authority shall not reissue the Vietnam - Cambodia cross-border transport
permit for 30 days from the day on which the transport business turns in the
Vietnam - Cambodia cross-border transport permit and all Vietnam - Cambodia
vehicle cross-border transport permits under the revocation decision.
Article 59. Issuance and
re-issuance of Vietnam - Cambodia vehicle cross-border transport permits
1. Eligibility: Vietnam - Cambodia vehicle
cross-border transport permits are granted to vehicles of organizations,
individuals and transport businesses that meet the conditions prescribed by law
on road transport activities between Vietnam and Cambodia.
2. Composition of an application for issuance or
re-issuance of the permit for a commercial vehicle:
a) Application form No. 04 in Appendix XII of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the transport business, present the copies, authenticated copies or
authenticated electronic copies of originals or electronic copies extracted
from master registers of one of the following documents: the vehicle lease
contract with the vehicle owner, the service contract between the member and
the cooperative, the business cooperation contract, or the finance lease
contract (in case of finance lease).
3. Composition of an application for issuance or
re-issuance of the permit for a non-commercial vehicle:
a) Application form No. 05 in Appendix XII of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (Copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the applicant, present the copies, authenticated copies or authenticated
electronic copies of originals or electronic copies extracted from master
registers of the vehicle lease contract;
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4. The Department for Roads of Vietnam issues
permits to commercial vehicles.
5. The Departments of Transport of provinces and
central-affiliated cities shall issue vehicle cross-border transport permits to
vehicles of agencies, organizations, individuals and transport businesses in
their provinces/cities.
7. Procedures:
a) The applicant shall submit 01 application to the
issuing authority in person, online or by post. The issuing authority shall
receive and examine the application. In case the application is received in
person or by post, the issuing authority, the receiving official shall update
information in the application to the online public service system of the
issuing authority. In case the application needs to be revised or supplemented,
the issuing authority shall notify the transport business (applicant) in
person, in writing or via the online public service system within 01 working
day from the date of receipt of the application;
b) Within 02 working days from the date of receipt
of the satisfactory application, the issuing authority shall issue the permit
according to Form No. 06 (for commercial vehicles) or form No. 07 (for
non-commercial vehicles) in Appendix XII of this Decree. In case the
application is rejected, the issuing authority shall send a notification in
writing or via the online public service system and provide explanation;
c) Results shall be provided in person at the
competent authority or by post.
8. When a Vietnam - Cambodia vehicle cross-border
transport permit expires or runs out of pages for seals to be appended by
border authority, its holder (transport business) shall submit an application
for re-issuance of the permit in accordance with Clause 2, Clause 3 and Clause
7 of this Article; In case a Vietnam - Cambodia vehicle cross-border transport
permit is lost or damage, its holder shall submit an application for
re-issuance of the permit in accordance with Point a Clause 2, Point a Clause 3
and Clause 7 of this Article.
Article 60. Revocation of
Vietnam - Cambodia vehicle cross-border transport permits
1. The issuing authority shall revoke the Vietnam -
Cambodia vehicle cross-border transport permit when the transport business
commits one of the following violations:
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b) Failure to carry out transport activities across
the borders between Vietnam and Cambodia within 03 months from the issuance
date of the permit (only applicable to Vietnam - Cambodia vehicle cross-border
transport permits issued to commercial vehicles);
c) Failure to carry out at least 03 trips (both
outgoing trip and return trip) of transport across the borders between Vietnam
and Cambodia within 06 consecutive months (only applicable to Vietnam -
Cambodia vehicle cross-border transport permits issued to commercial vehicles);
dd) The time limit for re-import of the vehicle
into Vietnam has expired, except in cases of natural disasters, accidents or
force majeure events.
e) Providing copies that differ from originals or
false information in the application for the Vietnam - Cambodia vehicle
cross-border transport permit, or committing dishonest acts in order to obtain
the Vietnam - Cambodia vehicle cross-border transport permit.
2. Procedures:
a) The issuing authority shall issue a decision to revoke
the Vietnam - Cambodia vehicle cross-border transport permit and send it to the
transport business, regulatory agencies at the checkpoint and relevant
agencies; post information on the website of the issuing authority;
b) Within 10 days after the issuing authority
issues the decision on revocation of the Vietnam - Cambodia vehicle
cross-border transport permit, the transport business must turn in the permit
to the issuing authority, and stop using the vehicle for transport business
between Vietnam and Cambodia.
After the Vietnam - Cambodia vehicle cross-border
transport permit is turned in by the transport business under the revocation
decision, the issuing authority shall not issue or reissue the Vietnam -
Cambodia vehicle cross-border transport permit for 30 days (60 days if the
violation is repeated within 06 consecutive months) from the day on which it is
turned in. After 30 days (60 days if the violation is repeated within 06
consecutive months) from the day on which the permit is turned in, if transport
business wishes to continue to use the vehicle for business operation, it may
apply for issuance of the permit in accordance with regulations of this Decree.
If the Vietnam - Cambodia vehicle cross-border
transport permit is not turned in by the transport business by the aforesaid
deadline, the issuing authority shall not issue or reissue the permit for 45
days (90 days if the violation is repeated within 06 consecutive months) from
the day on which it is turned in under the revocation decision. After this
period, if the transport business wishes to continue to use the vehicle for
business operation, it may apply for issuance of the Vietnam - Cambodia vehicle
cross-border transport permit in accordance with regulations of this Decree;
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Article 61. Extension of
operation period in Vietnam for Cambodia’s vehicles
1. Vehicles of Cambodia operating in Vietnam beyond
the operation period specified in the vehicle cross-border transport permit due
to force majeure events may have the operation period extended 01 time for no
more than 10 days.
2. Extending authorities: Departments of Transport
of provinces and central-affiliated cities where the vehicles encounter the
force majeure events.
3. Composition of application:
a) The request form No. 08, Appendix XII of this
Decree;
b) The Vietnam - Cambodia vehicle cross-border
transport permit (original).
4. Procedures:
a) Submit 01 set of application in person to the
competent authority where the vehicle encounters the force majeure event;
b) Within 02 working days from the date of receipt
of the satisfactory application, the competent authority shall extend the
operation time for the vehicle of Cambodia. The extension can be granted in the
form of a separate document or an entry in the permit. If the application is
rejected, the competent authority shall respond in writing and provide
explanation.
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1. Applicants for registration to operate scheduled
passenger transport routes between Vietnam and Cambodia:
Transport businesses that satisfy all conditions
under current regulations may register to operate scheduled passenger transport
routes between Vietnam and Cambodia.
2. Application for registration to operate the
scheduled passenger transport route between Vietnam and Cambodia:
a) Application No. 09 in Appendix XII of this
Decree;
b) The certificate of automobile registration (or
appointment note thereof) issued by an automobile registry (Copies,
authenticated copies or authenticated electronic copies of originals or
electronic copies extracted from master registers). If the vehicle is not owned
by the transport business, present the copies, authenticated copies or
authenticated electronic copies of originals or electronic copies extracted
from master registers of one of the following documents: the vehicle lease
contract with the vehicle owner, the service contract between the member and
the cooperative, or the business cooperation contract.
c) Plan to operate the passenger transport route
between Vietnam and Cambodia according to Form No. 10 in Appendix XII of this
Decree.
3. Route-managing authority: Department for Roads
of Vietnam.
a) The transport business shall submit 01
application in person, online or by post to the competent authority. After
receiving and examining the application, the receiving official shall update
information in the application to the online public service system of
Department for Roads of Vietnam. In case the application needs to be revised or
supplemented, the competent authority shall notify the transport business
(applicant) in person, in writing or via the online public service system
within 01 working day from the date of receipt of the application;
b) Within 02 working days from the date of receipt
of the satisfactory application, the route-operating authority shall issue a
written notice of operation of the scheduled passenger transport route b/w
Vietnam and Cambodia according to Form No. 11 Appendix XII of this Decree. In
case the application is rejected, the route-operating authority shall respond
in writing or via the online public service system and provide explanation;
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5. The written notice of route operation expires in
case the transport business fails to put the vehicle into operation within 60
days from its effective date.
6. A scheduled passenger transport route between
Vietnam and Cambodia must start and end in the Vietnamese territory, at a bus
station of class 01 to class 04 or a bus station of class 05 in the poor
district according to regulations of the Government.
7. All vehicles used for scheduled passenger
transport route between Vietnam and Cambodia shall have dispatch orders. A
dispatch order shall be issued to each outgoing and return trip (in case the
trip is made in many days), or on daily basis (in case of multiple trips in a
day). Dispatch orders shall be issued by the transport business according to
Form No. 12 in Appendix XII of this Decree and numbered by year for management.
8. Addition, replacement of vehicles for scheduled
passenger transport route
a) A transport business operating a route may add
or replace vehicles;
b) The application for registration of addition or
replacement of vehicles shall be prepared according to Clause 2 of this Article
using application form No. 09 in Appendix XII hereof;
c) Procedures for administrative procedures shall
comply with the provisions of Clause 4 of this Article.
9. Suspension of route operation, suspension of
vehicles operating fixed routes between Vietnam and Cambodia
a) The transport business that wishes to suspend
operation of a route or a vehicle shall send a written notification according
to Form No. 13 Appendix XII of this Decree to a competent authority, the
frontline bus station on the Vietnamese side and return to the Department for
Roads of Vietnam the notice of route operation or the vehicle cross-border
transport permit of the suspended vehicle.
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b) Within 02 working days from the date of receipt
of the notification, the competent authority shall issue a notice of suspension
of route operation/vehicle using Form No. 14 of Appendix XII of this Decree and
make a public announcement for other transport businesses to register for
operation.
10. Adjusting the frequency of vehicle operation on
the route
a) At least 10 days before adjusting the frequency
of vehicle operation on the route, the transport business must send a written
notice according to Form No. 15 in Appendix XII of this Decree to the competent
authority and the frontline bus station on the Vietnamese side;
b) Within 02 working days from the date of receipt
of the written request, the competent authority shall issue a notice of
adjustment of frequency of vehicle operation on the route according to Form No.
16 in Appendix XII of this Decree.
Article 63. Management,
organization of printing of international vehicle registration codes and
permits
1. Department for Roads of Vietnam shall manage,
organize the printing of international vehicle registration codes and permits
issued by Department for Roads of Vietnam using the forms in Appendices VII,
VIII, IX, X and XII of this Decree.
2. Departments of Transport shall:
a) Manage, organize the printing of international
vehicle registration codes and permits issued by Departments of Transport using
the forms in Appendices IX, X, XI and XII of this Decree;
b) Departments of Transport of Quang Ninh, Lang
Son, Cao Bang, Ha Giang, Lao Cai, Lai Chau provinces shall exchange and receive
transport permits with China.
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IMPLEMENTATION
ORGANIZATION
Article 64. Ministry of
Transport
1. Carry out uniform management of transport by
automobiles and motorized 4-wheeled vehicles according to regulations of this Decree.
2. Organize the publishing of the list of rest
stops along national highways; development of fixed passenger transport route
management software.
3. Organize application of information technology
in management of transport business by automobiles. Publish the structure of
information, devices, process of checking information of QR codes on vehicle
permit stickers and transport business licenses; manage and instruct
ride-matching application providers according to Article 75 of this Decree.
4. Direct the implementation of the following
tasks:
a) Inspect and handle violations against the
regulations on transport business by automobiles and conditions therefor stated
in this Decree and other relevant regulations of laws;
5. Cooperate with the Ministry of Planning and
Investment and relevant regulatory bodies in ensuring funding for establishment
and maintenance of the online public service system and data processing systems
serving application of information technology in transport business management.
6. Direct the development, deployment and
maintenance of information technology devices serving state management of
transport business by automobiles and motorized 4-wheeled vehicles nationwide.
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1. Carry out inspection and impose penalties for violations
against the regulations on transport business by automobiles stated in this
Decree.
2. Connect and share information from the system
for management of data from vehicle trackers and in-cabin driver cameras; data
from administrative penalty imposition devices with the Ministry of Transport
(Department for Roads of Vietnam), the Ministry of Finance (General Department
of Taxation, General Department of Customs), the People’s Committees of
provinces (Departments of Transport) for joint management.
Article 66. Ministry of
Culture, Sports and Tourism
Cooperate with provincial People’s Committees to
determine stops and parking spaces for contracted tourism vehicles.
Article 67. Ministry of
Science and Technology
1. Take charge in taximeter inspection. Take charge
and cooperate in inspecting and handling administrative violations committed by
taximeter inspectors or users as prescribed by law.
2. Cooperate with the Ministry of Transport and the
Ministry of Information and Communications in providing regulations and
guidelines on software for management of transport business by automobiles and
motorized 4-wheeled vehicles and online public services.
Article 68. Ministry of
Information and Communications
1. Cooperate with the Ministry of Transport in
providing regulations and guidelines on software for management of transport
business by automobiles and motorized 4-wheeled vehicles and online public
services.
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1. Cooperate with the Ministry of Transport in
providing guidelines for implementation of laws on labor, remuneration, social
insurance, working and rest time for employees of transport businesses using
automobiles.
2. Cooperate with the Ministry of Transport in
providing guidelines for regulations of laws on benefits offered to persons
with disabilities, the elderly and policy beneficiaries using transport
services by automobiles.
Article 70. Ministry of
Finance
1. Instruct software providers and transport
businesses to use electronic contracts for provision of electronic information
to ensure tight management and fulfillment of tax obligations.
2. Provide guidelines on connecting data on
e-invoices and e-tickets and electronic transport contracts for different types
of transport business by automobiles and motorized 4-wheeled vehicles, and
information sharing with the Ministry of Transport for joint management.
3. Instruct the Ministry of Transport, relevant
Ministries and central authorities to balance recurrent expenditures covered by
state budget for development, deployment and maintenance of information
technology devices serving state management of transport business using
automobiles and motorized 4-wheeled vehicles.
4. Take charge of carrying out customs procedures,
customs supervision and inspection of international road vehicles upon their
exit, entry and transit through Vietnam’s territory in accordance with customs
laws.
5. Upgrade the National Single-window Information
Portal to meet management demands of state authorities at border checkpoints
and facilitate international road transport.
Article 71. Ministry of
Industry and Trade
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2. Inspect and handle violations against
regulations on provision of e-commerce in the transport industry.
Article 72. Ministry of
Planning and Investment
Take charge and cooperate with the Ministry of
Finance, Ministry of Transport, relevant Ministries and central authorities in
ensuring funding for construction of technological infrastructure to apply
information technology to management of transport business by automobiles.
Article 73. Provincial
People’s Committees
1. Direct competent authorities in their provinces
to:
a) Manage transport activities by automobiles and
motorized 4-wheeled vehicles in accordance with this Decree and other relevant
regulations of laws.
c) Compile and publish the lists of provincial and
interprovincial bus network; stops and rest areas for commercial vehicles to
pick-up and drop-off passengers in their provinces;
d) Manage public bus transport activities in their
provinces; assistance policies of the State on encouragement of public bus
transport in their provinces; organization of bidding, criteria for
commissioning bus routes on the published route network lists in accordance
with regulations of law on bidding; commissioning of interprovincial bus routes
and bus routes using open-air buses for tourists without state budget
subsidization on the published route network lists;
dd) Establish pick-up and drop-off points for taxis
and buses according to regulations of Clause 5 Article 5 and Clause 8 Article 6
of this Decree;
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g) Announce locations of cargo stations in their
provinces;
h) Establish and manage taxi parking slots in their
provinces;
i) Continue operation of provincial and provincial
passenger transport routes announced before the effective date of this Decree;
on the basis of published interprovincial and provincial fixed route networks,
announce detailed information about each trip on their websites, including:
departing stations, arriving stations, journeys; total number of trips,
departure time of each available trip, number of unavailable trips, intervals
between trips; hourly and daily capacity of bus stations in their provinces;
k) Ensure connection of the cross-border road
transport management software and the online public service portal of the
Ministry of Transport;
l) Carry out inspection and handle violations
against regulations on transport business by automobiles and conditions
therefor stated in this Decree and other relevant regulations of laws in their
provinces.
2. Cooperate with People’s Committees of provinces
where bus routes run through to unify performance of the tasks prescribed in
Clause 3 Article 5 of this Decree. Each a consensus with the Ministry of
Transport before operating new bus routes whose terminus are located in an
airport.
Article 74. Transport
businesses using automobile and motorized 4-wheeled vehicles
1. Comply with the Law on Road, the Law on Road
Traffic Order and Safety, and regulations of this Decree.
2. Obtain a tax identification number from the tax
authority of the area where its headquarters or branch is located before its
operation begins; fulfill tax obligations as regulated. Members of a
cooperative shall fulfill their tax obligations when participating in transport
business using automobile and motorized 4-wheeled vehicles.
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a) Sign employment contracts, pay insurance,
organize periodical health checkups and fulfill their obligations to their
workers (including drivers and staff serving on their automobiles) as
prescribed by labor laws;
b) Ensure passenger’s interests as per the law;
c) Organize professional transport and safety
training for drivers; issue driver identity cards to their drivers as per
regulations. Formulate training programs and provide training for staff serving
on vehicles (if any);
d) In case 02 or more transport businesses would
like to cooperate to operate a transport business, a cooperation agreement must
be drawn up, which must specify which unit is in charge of dispatching
automobiles and drivers to transport passengers and/or goods, deciding fares
and performance of the tasks in Points a, b and c of this Clause.
4. Apply science and technology and use software to
manage their automobiles and drivers, retain documents, electronic tickets,
electronic transport contracts, and electronic invoices, post information on
their vehicles, and receive and process client’s feedbacks in compliance with
applicable law.
5. Facilitate competent authorities’ inspection of
compliance with regulations on transport business by automobiles and motorized
4-wheeled vehicles and fulfillment of conditions therefor, and other relevant
regulations of laws.
6. Submit reports on their operations according to
regulations.
7. Comply with the provisions of this Decree and to
facilitate inspections during the implementation of the provisions of this
Decree and other relevant laws.
Article 75. Providers of
ride-matching applications
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b) Act as the intermediary to confirm the contents
agreed upon by a transport business and its client, ensuring that these
contents are consistent with the announced fares or value of the concluded
contract; ride-matching applications for taxi businesses must comply with
regulations of Point c Clause 4 Article 6 of this Decree; ride-matching
applications for contracted passenger transport must comply with regulations of
Point a Clause 2 Article 17 of this Decree;
c) Record and send client’s reviews on driver’s
service to transport businesses for them to improve their operation;
d) Ensure safety and confidentiality of data on
passengers, transport businesses and drivers as per the law;
d) Only provide ride-matching applications for the
transport businesses that have been granted the licenses for transport business
by automobiles and motorized 4-wheeled vehicles; vehicles that have been issued
with vehicle stickers in accordance with regulations on transport business and
transport business conditions of each type of transport. Do not provide these
applications for contracted passenger transport businesses where they are used
to confirm bookings, sell tickets or charge passengers individually in any
shape or form; the provision of ride-matching applications for transport
businesses to conclude electronic transport contracts shall comply with
regulations of Clause 2 and Clause 3 Article 7 of this Decree;
e) Store all transactions completed on
ride-matching applications for at least 02 years for inspection purpose;
g) Provide lists of transport businesses,
automobiles, motorized 4-wheeled vehicles and drivers of transport businesses
using their ride-matching application or accounts used to access the
ride-matching applications for competent authorities upon request;
i) The ride-matching application must be designed
to make sure the driver has to press only one button to accept a ride while
driving and can take multiple steps to accept a ride while their vehicle is
parked;
k) Publish client’s complaint settlement procedures
and have a complaint storing system.
2. In case the provider of a ride-matching
application participates in at least one main transport activity (dispatching
automobiles or drivers or deciding fares) to transport passengers and/or cargo
on the road for profit, it must comply with the regulations on transport
business by automobiles and conditions for transport business stated in this
Decree, regulations of laws on electronic transactions and other relevant laws
and satisfy the requirements prescribed in Points c, d, e, i and k Clause 1 of
this Article.
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IMPLEMENTATION CLAUSES
Article 76. Transition clauses
1. Transport businesses that are granted business
licenses prior to the effective date of this Decree shall apply for reissuance
of the licenses before January 1st 2026 if the conditions specified
in Article 20 of this Decree are not fulfilled.
2. Foreign-invested enterprises that are granted
business licenses (enterprise registration certificates) or investment registration
certificates that cover road transport business prior to the effective date of
Vietnam's WTO Commitments may continue to operate their transport businesses
under the business licenses granted before the effective date of this Decree.
3. Transitional regulations on issuance and use of
vehicle permit stickers of commercial automobiles
a) Automobiles running on fixed routes, buses,
taxis, trucks, tractor trucks, tractor units, contracted vehicles that have
been issued with vehicle permit stickers are not required to apply for their
reissuance until their expiration or reissuance;
b) An automobile with fewer than 09 seats
(including the driver’s seat) issued with the contracted vehicle permit sticker
before the effective date of this Decree (using the fare calculation software
prescribed in Clause 4 Article 6 of this Decree) must obtain a taxi permit
sticker before it can be used for taxi business.
4. Buses that have been operating prior to the
effective date of this Decree but have not complied with the regulations in
Point c Clause 2 Article 5 of this Decree may continue to be operate until the
end of their service life.
6. Unexpired “XE Ô TÔ VẬN TẢI KHÁCH DU LỊCH”
(“TOURIST AUTOMOBILE”) signages issued to vehicles of passenger transport
businesses before the effective date of this Decree under the Government’s
Decree No. 10/2020/ND-CP dated January 17th 2020 and the
Government’s Decree No. 168/2017/ND-CP dated December 31st 2017 may
continue to be used until their expiration or reissuance.
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8. Transport businesses that have been
participating in experimental transport of tourists in urban areas using
open-top vehicles, experimental transport of passengers between downtown areas
and tourism centers to airports by automobiles before the effective date of
this Decree may operate along bus routes from January 1st 2025. The
Departments of Transport shall manage bus routes and finish issuing “BUS”
permit stickers to participating vehicles (those that participated before
January 1st 2025) before March 1st 2025.
9. Transport businesses and household businesses
using motorized 4-wheeled vehicles participating in experimental transport
activities before the effective date of this Decree may continue to operate
until the end of June 30th 2025. Regulations of this Decree must be
complied with from July 1st 2025.
Article 77. Effect
1. This Decree comes into force from January 1st
2025.
2. This Decree annuls:
Article 78. Responsibility for
implementation
Ministers, heads of ministerial-level agencies,
heads of Governmental agencies, Presidents of the People’s Committees of
provinces and central-affiliated cities and relevant enterprises and
individuals are responsible for the implementation of this Decree.
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