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THE MINISTRY OF TRANSPORTATION AND
COMMUNICATIONS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
2901/2000/QD-BGTVT
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Hanoi, September 29, 2000
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DECISION
PROMULGATING LIST OF COMMUNICATIONS AND
TRANSPORT LICENSES/PERMITS STIPULATED IN LAWS, ORDINANCES AND DECREES, WHICH
ARE STILL EFFECTIVE
THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to Enterprises Law No.13/1999/QH10
of December 6, 1999;
Pursuant to the Government’s
Decree No.03/2000/ND-CP of February 3, 2000 guiding the implementation of a
number of articles of the Enterprises Law;
Pursuant to the Government’s
Decree No.30/2000/ND-CP of August 11, 2000 on annulling a number of
permits/licenses and converting some others into business conditions;
At the proposals of the director of the Legal Affairs- Transport Department and
the heads of the relevant departments,
DECIDES:
Article 1.- To promulgate communications and transport
licenses/permits stipulated in laws, ordinances and decrees, which are still
effective, and regulations on the procedures, conditions, agencies competent to
grant licenses/permits as well as their durations strictly according to the
List issued together with this Decision.
Article 2.- This Decision takes effect as from October 1st,
2000.
Article 3.- The director of the Ministry’s Office, the director of the Legal Affairs-
Transport Depart-ment; the heads of the Vietnam Land Road Administration,
Vietnam Inland Waterway Administration and Vietnam Registry; the directors of
the provincial/municipal Transport and Communications Public Works Services and
the heads of the relevant agencies and units shall have to implement this
Decision.
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FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Pham The Minh
LIST
OF COMMUNICATIONS AND TRANSPORT
LICENSES/PERMITS ALREADY STIPULATED IN LAWS, ORDINANCES AND DECREES WHICH ARE
STILL EFFECTIVE
(Issued together with Decision No.
2901/2000/QD-BGTVT of September 29, 2000 of the Minister of Communications and
Transport)
Legal bases
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No.
Names of
licenses/ permits
Laws,
ordinances, decrees (quoted regulations)
Legal
documents issued by the Ministry of Communications and Transport (MoCT),
including specific provisions on the procedures, conditions, agencies
competent to grant licenses and licenses’
effective duration
Licensees
Licensing
procedures and conditions
Licensers
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1
Driver- training licenses
The provisions of Clause 1, Article 31 of the
Regulation issued together with the Government’s
Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and
safety
The MoCT’s
Decision No. 2597/1998/QD-BGTVT of October 19, 1998 promulgating the
Regulation on management, training, examination and granting of driving
licenses
Driver-training establishments set up by
competent agencies, including driver-training schools and driver-training
centers
According to the provisions of the MoCT’s Decision No. 2597/1998/QD- GTVT of October 19,
1998
MoCT
5 years for driver-training schools and 3
years for driver-training centers
2
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Provisions of Clause 1, Article 46 of the
Government’s Decree No. 36/CP
of May 29, 1995 on ensuring road and urban traffic order and safety
The MoCT’s
Decision No. 2597/1998/QD-GTVT of October 19, 1998 promulgating the
Regulation on management, training, examination and granting of driving
licenses
Motorized vehicles for driving-trainees
According to the provisions of the MoCT’s Decision No. 2597/1998/QD-GTVT of October 19,
1998
Vietnam Land Road Administration, provincial/ municipal
Communications and Transport Services as well as Public Works Services
1 year
3
Licenses for technical safety expertise of
motorized vehicles
Provisions of Article 18 of the Government’s Decree No. 36/CP of May 29, 1995 on ensuring
road and urban traffic order and safety
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Motorized vehicle- registry stations
According to the provisions of the MoCT’s Decision No. 214/1999/QD-BGTVT of January 23,
1999 issuing the branch standards: standards for motorized vehicle- registry
stations with registration number 22TCN 226-99
Vietnam Registry, Center for management of
equipment quality and motorized vehicles
1 year
4
Operation licenses for inland ports and
wharves
Provisions of Article 37 of the Government’s Decree No. 40/CP of July 5, 1996 on ensuring
inland waterway traffic order and safety; and Clause 3, Article 30 of the
Government’s Decree No.
171/1999/ND-CP of December 7, 1999 detailing the implementation of the
Ordinance on protection of traffic works regarding inland waterway traffic
works
The MoCT’s
Decision No. 2046/QD-PC of August 6, 1996 on the Regulation for management of
inland ports and wharves; Decision No. 3089/1999/QD-BGTVT of December 30,
1999 amending and supplementing a number of articles of the Regulation for
management of inland ports and wharves
Domestic and foreign organizations and
individuals conducting business activities in the exploitation of inland
ports and wharves
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The directors of the centrally-run inland
waterway management sections shall grant licenses to cargo wharves on the
routes under their respective management; the directors of the
provincial/municipal Communications and Transport/Public Works Services shall
announce and grant licenses to cargo and passenger ports and wharves on
rivers and canals in localities
12 months for operation licenses of inland
wharves
5
Special circulation permits (2 types: one for
oversized and over-loaded vehicles and another for super-long and
super-weight vehicles)
Provisions of Clause 1, Article 19 of the
Government’s Decree No. 36/CP
of May 29, 1995 on ensuring road and urban traffic order and safety
The MoCT’s
Circular No. 112/1998/TT-BGTVT of April 29, 1998 guiding the management and
granting of special circulation permits for over-loaded and oversized
vehicles as well as caterpillars on land roads
Oversized and over-loaded as well as
super-long and super-weight motorized vehicles and caterpillars
According to the provisions of the MoCT’s Circular No. 112/1998/TT-BGTVT of April 29,
1998
- The directors of land road managing agencies
shall grant permits for circulation of oversized and over-loaded vehicles
throughout the country; the directors of the provincial/municipal
Communications and Transport/Public Works Services shall grant permits for
their circulation in the provinces and cities
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- For super-long and super-weight vehicles as
well as caterpillars, the permits’
duration shall depend on each cargo transportation which, in special cases,
may be 30 days at most
6
Licenses for construction of land road-
related works
Provisions of the Ordinance on protection of
traffic works and the Government’s
Decree No. 172/1999/ND-CP of December 7, 1999 guiding the implementation of
the Ordinance on protection of traffic works regarding land road traffic
works
The MoCT’s
Decision No. 2923/QD-DB of November 2, 1996 on licensing the construction of
land road- related works
Owners of land road traffic works
According to the provisions of the MoCT’s Decision No. 2923/QD-DB of November 2, 1996 on
licensing the construction of land road-related works
The Vietnam Land Road Administration shall
grant licenses to group A- B- and C- projects;
- The land road managing agencies,
provincial/municipal Communications and Transport/Public Works Services shall
grant licenses to the works for which the project elaboration is not
required;
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- The licenses’
durations shall correspond to the works’
construction durations already approved by the competent authorities