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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:
824/2002/QD-BGTVT
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Hanoi, March 25, 2002
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DECISION
PROMULGATING THE REGULATION ON LAND-ROAD
TRANSPORT OF SUPER-SIZED AND SUPER-WEIGHTED CARGOES
THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to the Law on Land Road Traffic of
June 29, 2001;
Pursuant to the Government’s
Decree No.22/CP of March 22, 1994 on the tasks, powers, State management
responsibility and organizational structure of the Ministry of Communications
and Transport;
At the proposals of the director of Vietnam Land Road Administration and the
director of the Legal and Transport Department,
DECIDES:
Article 1.- To promulgate together with this Decision the
"Regulation on the land-road transport of super-sized and super-weighted
cargoes."
Article 2.- This Decision takes effect 15 days after its
signing. To annul the previous stipulations which are contrary to this
Decision.
Article 3.- The director of the Office, the director of the
Legal and Transport Department, the director of Vietnam Land Road
Administration and the directors of the Communications and Transport (Traffic
and Public Works) Services of the provinces and centrally-run cities, the heads
of the concerned 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
REGULATION
ON THE LAND-ROAD TRANSPORT OF SUPER-SIZED AND
SUPER-WEIGHTED CARGOES
(Promulgated together with the Minister of Communications and
Transport�s Decision
No.824/2002/QD-BGTVT of March 25, 2002)
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This document governs the transport of
super-sized and super-weighted cargoes by land-road transport means on the
system of land roads of the Socialist Republic of Vietnam.
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1. This Regulation shall apply to the agencies,
organizations and individuals involved in the transport of super-sized and
super-weighted cargoes.
2. In cases where an international agreement on
land-road transport of super-sized and super-weighted cargoes, which Vietnam
has signed or acceded to, contains provisions different from those of this
Regulation, such international agreement’s
provisions shall apply.
Article 3.- Responsibilities of transporting organizations
and individuals
Organizations and individuals engaged in the
land-road transport of super-sized and super-weighted cargoes must comply with
the following regulations:
1. They are licensed by the State land road
administration(s);
2. When transporting super-sized and
super-weighted cargoes, they shall have to abide by the provisions in their
licenses.
Article 4.- Interpretation of terms
In this Regulation, the following terms shall be
construed as follows:
1. "Transport means owners" are
organizations or individuals that own or use such transport means under their
own names.
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3. "Cargo owner" is the party that
hires the transportation of super-sized and super-weighted cargoes.
4. "Gross tonnage" includes the
transport vehicle’s specific tonnage
and the cargo’s weight.
Chapter
II
TRANSPORTATION OF SUPER-SIZED AND SUPER-WEIGHTED CARGOES
Article 5.- Super-sized and super-weighted cargoes
1. Super-sized cargoes are those packed in
bales, which cannot be knocked down when being loaded onto land-road transport
means and each have:
The width of over 2.5 meters;
Or the height of over 4.2 meters from the
ground;
Or the length of over 20 meters.
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Article 6.- Super-sized and super-weighted cargo transport
means
1. Super-sized and super-weighted cargo
transport means must have tonnages and dimensions suitable to cargo bales to be
transported.
In case of necessity, transport means may be
reinforced to enhance their load-bearing capacity, provided that such
reinforcement is made according to the approved designs.
2. They must have valid certificates of
technical safety and environmental protection.
Article 7.- Responsibilities of cargo owners
1. To notify the carriers of the weight and
dimensions of their cargoes and places for loading and unloading.
2. To be responsible for cargo shipment marks
(names and addresses of consignors and consignees, cargo weight and dimensions,
loading and unloading methods, preservation requirements, etc.).
Signs used in the preservation, loading and
unloading processes shall comply with the international practices and the State’s current regulations.
3. To fully coordinate with the carriers in
solving problems arising in the course of transportation.
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1. To possess business registration certificates
according to the provisions of law and have all the business conditions
prescribed in the Government’s
Decree No.92/2001/ND-CP of December 11, 2001 on the conditions for automobile
transport business.
2. To have a contingent of drivers, technical
workers and skilled workers to operate transport means and special-use
equipment.
3. To assume the prime responsibility and
coordinate with the concerned agencies in working out plans for transport of
super-sized and super-weighted cargoes, thus ensuring safety for people,
cargoes and traffic works.
The principal content of each plan shall consist
of:
- Itinerary study: route, road sections, bridges
and ferries to pass through.
- Positions and terrains of loading and
unloading places.
- Request for guidance support to ensure traffic
safety on roads when the transport means pass through.
- The speed of transport means, time of
departure, stops, etc.
The study and designing for the purpose of
reinforcing transport means to enhance their load-bearing capacity and passage
capacity of land roads must be consented by the land road administrations.
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Article 9.- Loading and unloading of super-sized and
super-weighted cargoes
The cargo loading and unloading shall be
conducted according to the agreement between the carrier and the cargo owner
and strictly follow the preservation and loading-unloading instructions of the
cargo owner.
Chapter
III
LICENSING THE TRANSPORT OF SUPER-SIZED AND SUPER-WEIGHTED CARGOES
Article 10.- Granting of transport licenses
The granting of licenses for transport of
super-sized and super-weighted cargoes shall be effected according to the
provisions of Circular No.21/2001/TT-BGTVT of December 10, 2001 of the Minister
of Communications and Transport guiding the circulation of over-load,
over-sized and tracked vehicles on land roads.
Article 11.- Inspection, examination and handling of
violations
The inspection, examination and handling of
violations of this Regulation shall comply with the current regulations on
inspection, examination and handling of violations.
Chapter
IV
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Article 12.- This Decision takes effect 15 days after its
signing. The previous stipulations contrary to this Regulation shall all be
hereby annulled.
FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Pham The Minh