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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 119/2021/ND-CP
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Hanoi, December
24, 2021
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DECREE
ON
PROCEDURES FOR ISSUANCE, RE-ISSUANCE, WITHDRAWAL OF CROSS-BORDER ROAD TRANSPORT
PERMITS
Pursuant to the Law on Government organization
dated June 19, 2015; the Law on amendments to the Law on Government
Organization and the Law on Organization of Local Governments dated November
22, 2019;
Pursuant to the Law on Road Traffic dated
November 13, 2008;
To implement the ASEAN Framework Agreement on
Facilitation of Goods in Transit signed on December 16, 1998;
To implement the ASEAN Framework Agreement on
Facilitation of Inter-country Transport signed on December 10, 2009;
To implement the ASEAN Framework Agreement on
facilitation of cross-border passenger transport by road vehicles signed on
October 13, 2017;
In order to implement 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;
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In order to implement 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;
To implement 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;
To implement 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;
Upon request of the
Minister of Transport;
The Government promulgates
a Decree on procedures for issuance, re-issuance and withdrawal of cross-border
road transport permits.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
This Decree set forth the
procedures for issuance, re-issuance and withdrawal of international road
transport permits and intermodal transport permits for transport enterprises
and vehicles; extension of the circulation time for foreign vehicles in Vietnam
participating in the transportation of people and goods between Vietnam and
other countries according to the provisions of international treaties on
cross-border road transport to which Vietnam is a party.
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This Decree applies to
agencies, organizations and individuals involved in cross-border road transport
activities between Vietnam and other countries according to the provisions of
international treaties to which Vietnam is a party.
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, terms herein shall be construed as follows:
1. Transport enterprises
include: Enterprises and cooperatives engaged in the business of transporting
goods and passengers by motor vehicles.
2. Vehicles include: Vehicles
include: passenger motor vehicles; cargo motor vehicles; tractors; trailers,
semi-trailers towed by motor vehicles; heavy-duty motorcycles.
3. International road
transport means the transport of people and goods by road between a point
within the Vietnamese territory and a point outside the Vietnamese territory.
4. Commercial vehicle means a
vehicle used to transport goods and passengers for commercial purposes.
5. Non-commercial vehicle
means a vehicle of organizations and individuals used for non-commercial
purposes. Non-commercial vehicles do not apply to motor vehicles of business
entities carrying passenger more than 9 seats.
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Article
4. Operational scope of vehicles
1. Vehicles issued with
intermodal transport permits operate along the routes and checkpoints specified
in the permits. For international road transport between Vietnam and China,
vehicles operate according to the routes and checkpoints stated in the
International road transport permit between Vietnam and China.
2. The vehicle is not
authorized to carry goods or passengers between two points in the territory of
another Party; is not authorized to carry goods between points in the territory
of the transit country.
Article
5. General provisions on international road transport permits and intermodal
transport permits
1. An international road
transport permit is granted by a competent authority to a transport enterprise
performing international road transport activities. For international road
transport between Vietnam and China, an international road transport permit is
issued to official vehicles and transport vehicles performing cross-border road
transport between Vietnam and China.
2. Intermodal transport
permits are granted by competent authorities to vehicles to carry out
international road transport activities.
a) An intermodal transport
permit is granted to commercial vehicles that are allowed to travel multiple
times, each time not exceeding 30 days and valid for one year from the date of
issuance. The intermodal transport permit between Vietnam and Laos, granted to
vehicles belonging to enterprises serving works and projects executed in the
territory of Laos, is valid for 1 year and is not restricted in terms of time
for each time, but does not beyond the deadline for finishing works, projects
or business activities of enterprises in the territory of Laos.
b) Intermodal transport
permits issued to non-commercial vehicles (excluding fire engines, ambulances,
rescue vehicles, and humanitarian aid vehicles) that are allowed to travel once
and have a valid period of time within 30 days from the date of issue.
3. The term of the intermodal
transport permit issued to the vehicle must not exceed the service life of the
vehicle.
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PROCEDURES FOR
ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS AND
ASEAN INTERMODAL TRANSPORT PERMITS
Article 6.
Issuance and re-issuance of ASEAN international road transport permits
1. Holders:
An ASEAN international road
transport permit is granted to a Vietnamese transport enterprise that conducts
ASEAN international road transport activities.
2. Required documents in
application: Required documents in application: Application form for the
issuance or re-issuance of an ASEAN international road transport permit using
Form No. 01, Appendix I of this Decree.
3. Licensing authority:
Directorate for Roads of Vietnam.
4. Procedures:
a) The transport enterprise
shall submit 01 application for the issuance or re-issuance of an ASEAN
international road transport permit to the licensing authority in one of the
following forms: in person, online, by post;
b) The licensing authority
receives and verifies the application. In case of receiving application at the
licensing authority in person or by post, the application-receiving officer
shall update the information of the application in accordance with regulations
into the online public service system of the licensing authority. In case the
application needs to be amended, the licensing authority shall notify in person
or in writing or through the online public service system to the transport
enterprise within 01 working day from the date of receipt of the application;
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d) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
5. In case the ASEAN
international road transport permit is damaged or lost, the transport
enterprise shall make an application for re-issuance according to the
provisions of Clauses 2 and 4 of this Article.
Article
7. Withdrawal of ASEAN International road transport permit
1. The licensing authority
shall withdraw the ASEAN international road transport permit when the transport
enterprise violates one of the following cases:
a) Perform a type of
transport not specified in the ASEAN international road transport permit;
b) The license for automobile
transport business is withdrawn by the competent authority;
c) The specialized regulatory
agency at the checkpoint requests the withdrawal because of violations related
to import and export activities at the checkpoint, regulations on management of
activities at the checkpoint area;
d) Terminate operations as
prescribed by law.
2. Procedures:
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b) After the decision to
withdraw the license takes effect, the transport enterprise must stop all
transport activities across ASEAN borders and within 15 working days must
submit the ASEAN international road transport permit and the entire ASEAN
intermodal transport permit to the licensing authority.
Article
8. Issuance and re-issuance of ASEAN intermodal transport permits
1. Holders:
ASEAN intermodal transport
permits are issued to vehicles under the lawful use rights of transport
enterprises that have been granted ASEAN international road transport permits.
2. Required documents in
application:
a) Application form for the
issuance or re-issuance of an ASEAN intermodal transport permit using Form No.
03, Appendix I of this Decree;
b) A copy of the automobile
registration certificate or a copy of the appointment letter to receive the
automobile registration certificate issued by the registration agency or a copy
from the original book of the automobile registration certificate. In case the
vehicle is not under the ownership of the transport enterprise, a copy of one
of the following documents must be presented: A written vehicle rental contract
with an organization or individual or a service contract between the member and
the cooperatives or a business cooperation contract.
3. Licensing authority:
Directorate for Roads of Vietnam.
4. Procedures:
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b) The licensing authority
receives and verifies the application. In case of receiving application at the
licensing authority in person or by post, the application-receiving officer
shall update the information of the application in accordance with regulations
into the online public service system of the licensing authority. In case the
application needs to be amended, the licensing authority shall notify in person
or in writing or through the online public service system to the transport
enterprise within 01 working day from the date of receipt of the application;
c) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
licensing authority shall issue an ASEAN intermodal transport permit using Form
No. 04, Appendix I of this Decree. In case of refusal, the licensing authority
shall notify in writing or through the online public service system, clearly stating
the reason;
d) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
5. In case the ASEAN
intermodal transport permit is damaged or lost, the transport enterprise shall
make an application for re-issuance according to the provisions of Clauses 2
and 4 of this Article.
Article
9. Revocation of ASEAN intermodal transport permits
1. The licensing authority
shall withdraw the ASEAN intermodal transport permit when the transport enterprise
violates one of the following cases:
a) Fail to comply with the
contents stated in the intermodal transport permit when performing ASEAN
intermodal transport activities;
b) Fail to carry out ASEAN
intermodal transport activities within 3 months from the date of issuance of
the intermodal transport permit;
c) Fail to conduct ASEAN
intermodal transport from 03 trips or more within a period of 06 consecutive
months (a trip refers to both outgoing and return trip);
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dd) Vehicles that have passed
the time limit for re-import into Vietnam as prescribed, except in cases of
natural disasters, accidents or force majeure reasons.
2. Procedures:
a) The licensing authority
shall issue a decision to withdraw the ASEAN intermodal transport permit and
send it to the transport enterprise, regulatory agencies at the checkpoint and
relevant agencies; post information on the website of the licensing authority
and simultaneously notify in writing ASEAN Parties for coordination in
handling;
b) After the decision to
withdraw the license takes effect, the transport enterprise must stop all
transport activities across ASEAN borders and within 15 working days must
submit the ASEAN intermodal transport permit and the entire ASEAN intermodal
transport permit to the licensing authority.
Article
10. Extension of circulation time in Vietnam for vehicles of countries
implementing the ASEAN framework agreements on cross-border road transport
1. Holders: Vehicles of
countries implementing the ASEAN Framework Agreements on cross-border road
transport beyond the time limit for circulation in Vietnam specified in the
ASEAN intermodal transport permit in case of force majeure.
2. Extension authority:
Departments of Transport, Departments of Transport - Construction in the
provinces and central-affiliated cities where the vehicle encounters force
majeure events.
3. Required documents in
application:
a) A written request for
extension, using Form No. 05, Appendix I of this Decree;
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4. Procedures:
a) Submit 01 set of
application in person to the competent authority where the vehicle encounters a
force majeure incident;
b) Within 02 working days
from the date of receipt of complete and valid application as prescribed, the
competent authority shall extend the circulation time for the vehicle of the
country implementing the ASEAN framework agreements on cross-border road
transport. In case of refusal, competent authority shall provide explanation in
writing.
Chapter
III
PROCEDURES FOR
ISSUANCE, REISSUANCE, WITHDRAWAL OF GMS INTERNATIONAL ROAD TRANSPORT PERMITS
AND GMS INTERMODAL TRANSPORT PERMITS
Article 11.
Issuance and re-issuance of GMS international road transport permits
1. Holders: An GMS
international road transport permit is granted to a Vietnamese transport
enterprise that conducts GMS international road transport activities.
2. Required documents in
application: Required documents in application: Application form for the
issuance or re-issuance of an GMS international road transport permit using
Form No. 01, Appendix II of this Decree.
3. Licensing authority:
Directorate for Roads of Vietnam.
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a) The transport enterprise
shall submit 01 application for the issuance or re-issuance of a GMS
international road transport permit to the licensing authority in one of the
following forms: in person, online, by post;
b) The licensing authority
receives and verifies the application. In case of receiving application at the
licensing authority in person or by post, the application-receiving officer
shall update the information of the application in accordance with regulations
into the online public service system of the licensing authority. In case the
application needs to be amended, the licensing authority shall notify in person
or in writing or through the online public service system to the transport
enterprise within 01 working day from the date of receipt of the application;
c) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
licensing authority shall issue a GMS international road transport permit using
Form No. 02, Appendix II of this Decree. In case of refusal, the licensing
authority shall notify in writing or through the online public service system,
clearly stating the reason;
d) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
5. In case the GMS
international road transport permit is damaged or lost, the transport
enterprise shall make an application for re-issuance according to the
provisions of Clauses 2 and 4 of this Article.
Article
12. Withdrawal of GMS international road transport permit
1. The licensing authority
shall withdraw the GMS international road transport permit when the transport
enterprise violates one of the following cases:
a) Perform a type of
transport not specified in the GMS international road transport permit;
b) The license for automobile
transport business is withdrawn by the competent authority;
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d) Terminate operations as
prescribed by law.
2. Procedures:
a) The licensing authority
shall issue a decision to withdraw the GMS intermodal transport permit and send
it to the transport enterprise, regulatory agencies at the checkpoint and
relevant agencies; post information on the website of the licensing authority
and simultaneously notify in writing GMS Parties for coordination in handling;
b) After the decision to
withdraw the license takes effect, the transport enterprise must stop all
transport activities across GMS borders and within 15 working days must submit
to the licensing authority the following: the GMS international road transport
permit and the entire GMS intermodal transport permit or transit accompany
document (hereinafter referred to as TAD) which have been issued.
Article
13. Issuance and re-issuance of GMS intermodal transport permits or TADs
1. Holders: GMS intermodal
transport permits or TADs are issued to vehicles under the lawful use rights of
transport enterprises that have been granted GMS international road transport
permits.
2. Required documents in
application:
a) Application form for the
issuance or re-issuance of a GMS intermodal transport permit or TAD using Form
No. 03, Appendix II of this Decree;
b) A copy of the automobile
registration certificate or a copy of the appointment letter to receive the
automobile registration certificate issued by the registration agency or a copy
from the original book of the automobile registration certificate. In case the
vehicle is not under the ownership of the transport enterprise, a copy of one
of the following documents must be presented: A written vehicle rental contract
with an organization or individual or a service contract between the member and
the cooperatives or a business cooperation contract.
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4. Procedures:
a) The transport enterprise
shall submit 01 application for the issuance of a GMS intermodal transport
permit or TAD to the licensing authority in one of the following forms: in
person, online, by post;
b) The licensing authority
receives and verifies the application. In case of receiving application at the
licensing authority in person or by post, the application-receiving officer
shall update the information of the application in accordance with regulations
into the online public service system of the licensing authority. In case the
application needs to be amended, the licensing authority shall notify in person
or in writing or through the online public service system to the transport
enterprise within 01 working day from the date of receipt of the application;
c) Within 02 working days from
the date of receipt of complete and valid documents as prescribed, the
licensing authority shall issue a GMS intermodal transport permit using Form
No. 04, Appendix II or TAD using Form No. 05 Appendix II of this Decree. In
case of refusal, the licensing authority shall notify in writing or through the
online public service system, clearly stating the reason;
d) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
5. In case the GMS intermodal
transport permit or TAD is damaged or lost, the transport enterprise shall make
an application for re-issuance of permit or TAD according to the provisions of
Clauses 2 and 4 of this Article.
Article
14. Withdrawal of GMS intermodal transport permit or TAD
1. The licensing authority
shall withdraw the GMS intermodal transport permit or TAD when the transport
enterprise violates one of the following cases:
a) Fail to comply with the
contents stated in the intermodal transport permit or TAD when performing GMS
intermodal transport activities;
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c) Fail to conduct GMS
intermodal transport from 03 trips or more within a period of 06 consecutive
months (a trip refers to both outgoing and return trip);
d) The license for transport
business by automobile or the GMS international road transport permit is
withdrawn by the competent authority;
dd) Vehicles that have passed
the time limit for re-import into Vietnam as prescribed, except in cases of
natural disasters, accidents or force majeure reasons.
2. Procedures:
a) The licensing authority
shall issue a decision to withdraw the GMS intermodal transport permit or TAD
and send it to the transport enterprise, regulatory agencies at the checkpoint
and relevant agencies; post information on the website of the licensing
authority and simultaneously notify in writing GMS Parties for coordination in
handling;
b) After the decision to
withdraw the license takes effect, the transport enterprise must stop all
transport activities across GMS borders and within 15 working days must submit
the GMS intermodal transport permit or TAD to the licensing authority.
Article
10. Extension of circulation time in Vietnam for vehicles of countries
implementing the GMS agreement
1. Holders: Vehicles of
countries implementing the GMS agreement beyond the time limit for circulation
in Vietnam specified in the GMS intermodal transport permit or TAD in case of
force majeure.
2. Extension authority:
Departments of Transport, Departments of Transport - Construction in the
provinces and central-affiliated cities where the vehicle encounters force
majeure events.
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a) A written request for
extension, using Form No. 06, Appendix II of this Decree;
b) GMS intermodal transport
permit or TAD (original).
4. Procedures:
a) Submit 01 set of
application in person to the competent authority where the vehicle encounters a
force majeure incident;
b) Within 02 working days
from the date of receipt of complete and valid application as prescribed, the
competent authority shall extend the circulation time for the vehicle of the
country implementing the GMS agreement. In case of refusal, competent authority
shall provide explanation in writing.
Chapter
IV
PROCEDURES FOR
ISSUANCE, RE-ISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS
BETWEEN VIETNAM AND CHINA
Article
16. International road transport permits between Vietnam and China
An international road
transport permit between Vietnam and China 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:
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2. Type B transport permit:
to be issued to means of passenger transport (including tourists)
non-periodically and valid for one time a year (outgoing and return trip),
applicable to means of transport on routes between border regions of the two
countries and official vehicles.
3. Type C transport permit: to
be issued to means of goods transport valid for one time a year (outgoing and
return trip), applicable to means of transport on routes between border regions
of the two countries.
4. Type D transport permit:
To be issued to means of transport of dangerous goods and oversize load goods,
valid once a year (outgoing and return trip).
5. Type E transport permit:
to be issued to means of passenger transport (including tourists) periodically
and valid for multiple times a year, applicable to means of transport on inner
routes of the two countries.
6. Type F transport permit:
to be issued to means of passenger transport (including tourists)
non-periodically and valid for one time a year (outgoing and return trip),
applicable to means of transport on inner routes of the two countries and
official vehicles.
7. Type G transport permit:
to be issued to means of goods transport valid for one time a year (outgoing
and return trip), applicable to means of transport on inner routes of the two
countries.
Article
17. Issuance and re-issuance of international road transport permits between
Vietnam and China, types A, B, C, E, F, G for Vietnamese vehicles
1. Holders: Type A, B, C, E,
F, G transport permits are granted to vehicles of Vietnamese transport
enterprises and official vehicles.
2. Required documents in an
application for issuance or re-issuance of a permit for commercial vehicle
include:
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b) A copy of the automobile
registration certificate or a copy of the appointment letter to receive the
automobile registration certificate issued by the registration agency or a copy
from the original book of the automobile registration certificate. In case the
vehicle is not under the ownership of the transport enterprise, a copy of one
of the following documents must be presented: A written vehicle rental contract
with an organization or individual or a service contract between the member and
the cooperatives or a business cooperation contract.
3. Required documents in an
application for issuance or re-issuance of a permit for official vehicle
include:
a) An application form for
the issuance or re-issuance of the permit using Form No. 02, Appendix III of
this Decree;
b) A copy of automobile
registration certificate;
c) A copy of the invitation
letter from the Chinese side, clearly stating the route, checkpoint and
invitation time (in case the original is not in Vietnamese or English, the
Vietnamese or English translation must be attached);
d) A copy of the competent
authority's decision on assignment for a business trip.
4. Licensing authority:
a) Directorate for Roads of
Vietnam shall issue: Type E transport permits; Type F, G transport permits for
the first time in a year (the year is counted from January 1 to December 31);
b) Departments of Transport
of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh and Lao Cai Departments
of Transport and Construction shall issue: Type A, B, and C transport permits;
Type F, G transport permits for the second time in a year.
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a) The organization,
individual or transport enterprise shall submit 01 set of application to the
licensing authority. In case of receiving application at the licensing
authority in person or by post, the application-receiving officer shall update
the information of the application in accordance with regulations into the
online public service system of the licensing authority. In case the
application needs to be amended, the licensing authority shall notify in person
or in writing or through the online public service system to the organization,
individual, transport enterprise within 01 working day from the date of receipt
of the application;
b) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
licensing authority shall issue a permit using Forms No. 03, 04, 05, 07, 08, 09
Appendix III of this Decree. In case of refusal, the licensing authority shall
notify in writing or through the online public service system, clearly stating
the reason;
c) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed;
After granting transport
permits of type F and G for the first time in a year, the Directorate for Roads
of Vietnam shall notify the list of licensed means of transport to the
Departments of Transport and the Department of Transport and Construction of
the provinces mentioned in Clause 4 of this Article.
6. Procedures for issuing
type F, G transport permits for the second time onward in a year:
a) The driver or employee of
a transport enterprise that has been granted a permit for the first time
presents the certificate of vehicle registration to the Department of
Transport, the Department of Transport and Construction of the provinces
mentioned in Clause 4 of this Article;
b) Based on the list of means
of transport that have been licensed for the first time, the Department of
Transport and the Department of Transport and Construction of the provinces
mentioned in Clause 4 of this Article shall issue a transport permit of type F
or G for the second time onwards in the year.
7. In case a transport permit
of types A, B, C, E, F, G for Vietnamese vehicle is expired, damaged or lost,
the transport enterprise shall make an application for re-issuance of the
permit according to the provisions of Clauses 2, 3, 5 and 6 of this Article.
Article 18.
Letter of referral for issuance of international road transport permits between
Vietnam and China, type D for Vietnamese vehicles
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2. Required documents in
application for letter of referral:
a) A written request, using
Form No. 10, Appendix III of this Decree;
b) A permit to transport
oversize load or dangerous goods, issued by a competent Vietnamese authority
(copy).
3. Referring agency:
Directorate for Roads of Vietnam.
4. Procedures:
a) The transport enterprise
shall submit 01 set of application to the referring agency. The referring
agency receives and verifies the application. In case of receiving application
in person at the referring authority in person or by post, the
application-receiving officer shall update the information of the application
in accordance with regulations into the online public service system of
Directorate for Roads of Vietnam. In case the application needs to be amended,
the referring authority shall notify in person or in writing or through the
online public service system of the insufficient contents or those need
amendments within 01 working day from the date of receipt of the application;
b) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the Directorate
for Roads of Vietnam refers the transport enterprise to the competent authority
of the Chinese side. In case of refusal, the referring authority shall notify
in writing or through the online public service system, clearly stating the
reason;
c) The return of processing
results is done at the head office of the referring authority or by post or
online as prescribed.
Article
19. Issuance of international road transport permits between Vietnam and China,
type D for Chinese vehicles
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2. Required documents in
application:
a) Application form for the
issuance of the type D transport permit using Form No. 11, Appendix III of this
Decree;
b) Letter of referral from a
competent authority of the Chinese side (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);
c) A permit to transport
oversize load or dangerous goods, issued by a competent Vietnamese authority
(copy);
d) Letter of referral from a
competent authority of the Chinese side (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) Letter of referral from a
competent authority of the Chinese side (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);
3. Licensing authority:
Directorate for Roads of Vietnam.
4. Procedures:
a) Organizations, individuals
and transport enterprises shall submit 01 set of application to the licensing
authority. The licensing authority receives and verifies the application. In
case of receiving application at the licensing authority in person or by post,
the application-receiving officer shall update the information of the
application in accordance with regulations into the online public service
system of Directorate for Roads of Vietnam. In case the application needs to be
amended, the licensing authority shall notify in person or in writing or
through the online public service system to the organization, individual,
transport enterprise within 01 working day from the date of receipt of the
application;
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c) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
Article
20. Withdrawal of international road transport permits between Vietnam and
China
1. The licensing authority
shall withdraw the international road transport permit between Vietnam and
China when the transport enterprise violates one of the following cases:
a) Fail to comply with the
contents stated in the intermodal transport permit when performing transport
activities between Vietnam and China;
b) The license for transport
business by automobile or the international road transport permit between
Vietnam and China is withdrawn by the competent authority;
c) Vehicles that have passed
the time limit for re-import into Vietnam as prescribed, except in cases of
natural disasters, accidents or force majeure reasons.
2. Procedures:
a) The licensing authority
shall issue a decision to withdraw the international road transport permit
between Vietnam and China and send it to the transport enterprise, regulatory
agencies at the checkpoint and relevant agencies; post information on the
website of the licensing authority and simultaneously notify in writing the
competent authority of Chinese side for coordination in handling;
b) After the decision to
withdraw the license takes effect, the transport enterprise must stop all
transport activities across the borders and within 15 working days must submit
the international road transport permit between Vietnam and China to the
licensing authority.
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1. Holders: Chinese vehicles
beyond the time limit for circulation in Vietnam specified in the international
road transport permit between Vietnam and China, if there is a good reason, may
be extended once for a period of no more than 10 days.
2. Extension authority:
Departments of Transport, Departments of Transport - Construction in the
provinces and central-affiliated cities where the vehicle is circulating.
3. Required documents in
application:
a) A written request for
extension, using Form No. 12, Appendix III of this Decree;
b) An international road
transport permit between Vietnam and China (original).
4. Procedures:
a) Submit 01 set of
application in person to the competent authority where the vehicle is
circulating;
b) Within 02 working days
from the date of receipt of complete and valid application as prescribed, the
competent authority shall extend the circulation time for the Chinese vehicle.
In case of refusal, competent authority shall provide explanation in writing.
Article
22. Procedures for registration, cessation of route operation, addition or
replacement of means of scheduled passenger transport between Vietnam and China
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Transport enterprises that
satisfy all conditions under current regulations may register to operate
scheduled passenger transport routes between Vietnam and China.
2. Required documents in the
application for registration of operation of a scheduled passenger transport
route between Vietnam and China:
a) An application form for
registration of scheduled passenger transport routes between Vietnam and China,
using Form No. 13, Appendix III of this Decree;
b) A copy of the automobile
registration certificate or a copy of the appointment letter for the receipt of
the automobile registration certificate from the registration authority or a
copy from the original book of the automobile registration certificate. In case
the vehicle is not under the ownership of the transport enterprise, a copy of
one of the following documents must be presented: A written vehicle rental
contract with an organization or individual or a service contract between the
member and the cooperatives or a business cooperation contract;
c) Plan to operate the
scheduled passenger transport route between Vietnam and China according to Form
No. 14, Appendix III of this Decree.
3. Transport route authority:
a) The Directorate for Roads
of Vietnam shall announce the operation of scheduled passenger transport routes
between Vietnam and China for routes inner the territories of the two
countries;
b) The Department of Transport
of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh and the Department of
Transport and Construction of Lao Cai announce the operation of scheduled
passenger transport routes between the border areas of Vietnam and China.
4. Procedures for registration
to operate the scheduled passenger transport route between Vietnam and China:
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b) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
transport route authority shall issue a written notice of operation of the
scheduled passenger transport route between Vietnam and China according to Form
No. 15 Appendix III of this Decree. In case of refusal, the transport route
authority shall notify in writing or through the online public service system,
clearly stating the reason;
c) The return of processing
results is done at the head office of the referring authority or by post or
online as prescribed.
5. Addition or replacement of
vehicles for scheduled passenger transport between Vietnam and China
a) A transport enterprise
operating on the route is entitled to supplement or replace vehicles for
operation on the route;
b) Application for
registration of addition or replacement of vehicles as prescribed in Clause 2
of this Article. A written request, using Form No. 13, Appendix III of this
Decree;
c) Procedures for
administrative procedures shall comply with the provisions of Clause 4 of this
Article.
6. Cessation of route operation,
cessation of vehicles for scheduled passenger transport between Vietnam and
China:
a) The transport enterprise
must send a notice to the transport route authority and the frontline bus
station on the Vietnamese side and may stop operating only after posting it 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 request, the transport route authority shall make
a public announcement for other transport enterprises to register for
operation.
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Chapter
V
PROCEDURES FOR
ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS AND
INTERMODAL TRANSPORT PERMITS BETWEEN VIETNAM AND LAOS
Article
23. Issuance and re-issuance of international road transport permits between
Vietnam and Laos
1. Holders: An international
road transport permit between Vietnam and China is issued to a transport
enterprise 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.
2. Required documents in
application:
a) Application form for the
issuance or re-issuance of an international road transport permit between
Vietnam and Laos using Form No. 01, Appendix IV of this Decree;
b) Transport business plan
according to Form No. 02, Appendix IV of this Decree.
3. Licensing authority:
Directorate for Roads of Vietnam, Department of Transport, Department of
Transport - Construction of provinces and central-affiliated cities.
4. Procedures:
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b) The licensing authority
receives and verifies the application. In case of receiving application at the
licensing authority in person or by post, the application-receiving officer
shall update the information of the application in accordance with regulations
into the online public service system of the licensing authority. In case the
application needs to be amended, the licensing authority shall notify in person
or in writing or through the online public service system to the transport
enterprise within 01 working day from the date of receipt of the application;
c) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
licensing authority shall issue an international road transport permit between
Vietnam and Laos using Form No. 03, Appendix IV of this Decree. In case of
refusal, the licensing authority shall notify in writing or through the online
public service system, clearly stating the reason;
d) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
5. In case the international
road transport permit between Vietnam and Laos is damaged or lost, the
transport enterprise shall make an application for re-issuance according to the
provisions of Clauses 2 and 4 of this Article.
Article
24. Withdrawal of international road transport permits between Vietnam and Laos
1. The licensing authority
shall withdraw the international road transport permits between Vietnam and
Laos when the transport enterprise violates one of the following cases:
a) Perform a type of
transport not specified in the international road transport permits between
Vietnam and Laos;
b) The license for automobile
transport business is withdrawn by the competent authority;
c) The specialized regulatory
agency at the checkpoint requests the withdrawal 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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2. Procedures:
a) The licensing authority
shall issue a decision to withdraw the international road transport permit
between Vietnam and Laos and send it to the transport enterprise, regulatory
agencies at the checkpoint and relevant agencies; post information on the
website of the licensing authority;
b) After the decision to
withdraw the license takes effect, the transport enterprise must stop all
transport activities across borders and within 15 working days must submit to
the licensing authority the following: the international road transport permit
between Vietnam and Laos, the entire international road transport permit between
Vietnam and Laos that have been issued.
Article
25. Issuance and re-issuance of c
1. Holders:
Intermodal transport permits
between Vietnam and Laos are granted 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. Required documents in an application
for issuance or re-issuance of a permit for commercial vehicle include:
a) Application form for the
issuance or re-issuance of the permit using Form No. 04, Appendix IV of this
Decree;
b) A copy of the automobile
registration certificate or a copy of the appointment letter for the receipt of
the automobile registration certificate from the registration authority or a
copy from the original book of the automobile registration certificate. In case
the vehicle is not under the ownership of the transport enterprise, a copy of
one of the following documents must be presented: A written vehicle rental
contract with an organization or individual or a service contract between the
member and the cooperatives or a business cooperation contract;
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3. Required documents in the
application for issuance and re-issuance of permit for non-commercial vehicles
and means serving works, projects or business activities of enterprises in the
territory of Laos:
a) Application form for the
issuance or re-issuance of the permit using Form No. 05, Appendix IV of this
Decree;
b) A copy of the certificate
of registration of cars under the right of use of organizations or individuals;
c) A copy of the competent
agency's decision on assignment for business trip (for official vehicles and
vehicles of diplomatic missions or international organizations on business
trips);
d) A copy 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).
4. Licensing authority:
a) The Directorate for Roads
of Vietnam issues intermodal transport permits between Vietnam and Laos to
vehicles of agencies of the Party, National Assembly, Government, ministries,
ministerial-level agencies, agencies of ministries, and agencies of central
political and social organizations, diplomatic missions, and representative
offices of international organizations in Vietnam; other agencies,
organizations and individuals who seek the issuance of permits from the
Directorate for Roads of Vietnam;
b) The Departments of Transport
and the Departments of Transport and Construction of the provinces and
central-affiliated cities shall issue intermodal transport permits between
Vietnam and Laos to vehicles of agencies, organizations, individuals and
transport enterprises in the provinces/cities;
c) The Department of
Transport of the province/city where there is a border checkpoint with Laos,
shall issue permits to non-commercial vehicles of organizations and individuals
located in other provinces of Vietnam to pass through the border checkpoints in
their respective province/city.
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a) Organizations, individuals
and transport enterprises shall submit 01 set of application to the licensing
authority. The licensing authority receives and verifies the application. In
case of receiving application at the licensing authority in person or by post,
the application-receiving officer shall update the information of the
application in accordance with regulations into the online public service
system of the licensing authority. In case the application needs to be amended,
the licensing authority shall notify in person or in writing or through the
online public service system to the organization, individual, transport
enterprise within 01 working day from the date of receipt of the application;
b) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
licensing authority shall issue an intermodal transport permit between Vietnam
and Laos using Form No. 06, Appendix IV of this Decree. In case of refusal, the
licensing authority shall notify in writing or through the online public
service system, clearly stating the reason;
c) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
6. In case the intermodal
transport permit between Vietnam and Laos is damaged or lost, the transport
enterprise shall make an application for re-issuance according to the
provisions of Clauses 2, 3 and 5 of this Article.
Article
26. Withdrawal of intermodal transport permit between Vietnam and Laos
1. The licensing authority
shall withdraw the intermodal transport permit between Vietnam and Laos when
the transport enterprise violates one of the following cases:
a) Fail to comply with the
contents stated in the intermodal transport permit when performing intermodal
transport activities between Vietnam and Laos;
b) The license for transport
business by automobile or the international road transport permit between
Vietnam and Laos is withdrawn by the competent authority;
c) Vehicles that have passed
the time limit for re-import into Vietnam as prescribed, except in cases of
natural disasters, accidents or force majeure reasons.
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a) The licensing authority
shall issue a decision to withdraw the intermodal transport permit between
Vietnam and Laos and send it to the transport enterprise, regulatory agencies
at the checkpoint and relevant agencies; post information on the website of the
licensing authority;
b) After the decision to
withdraw the license takes effect, the transport enterprise must stop all
transport activities across the borders and within 15 working days must submit
the intermodal transport permit between Vietnam and China to the licensing
authority.
Article
10. Extension of circulation time in Vietnam for Laos vehicles
1. Holders: Laos vehicles
beyond the time limit for circulation in Vietnam specified in the intermodal
transport permit due to force majeure may have the circulation time extended
for no more than 10 days.
2. Extension authority:
Departments of Transport, Departments of Transport - Construction in the
provinces and central-affiliated cities where the vehicle encounters force
majeure events.
3. Required documents in
application:
a) A written request for extension,
using Form No. 07, Appendix IV of this Decree;
b) Intermodal transport
permit between Vietnam and Laos (original).
4. Procedures:
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b) Within 02 working days
from the date of receipt of complete and valid application as prescribed, the
competent authority shall extend the circulation time for the Laos vehicle. The
competent authority shall give the extension in a separate document or in the
intermodal transport permit. In case of refusal, competent authority shall
provide explanation in writing.
Article
28. Procedures for registration, cessation of route operation, addition,
replacement, adjustment of driving frequency on scheduled passenger transport
routes between Vietnam and Laos
1. Applicants for
registration to operate the scheduled passenger transport route between Vietnam
and Laos: Transport enterprises that satisfy all conditions under current
regulations may register to operate scheduled passenger transport routes
between Vietnam and Laos.
2. Required documents in
application for registration to operate the scheduled passenger transport route
between Vietnam and Laos:
a) An application form for
registration of scheduled passenger transport routes between Vietnam and Laos,
using Form No. 08, Appendix IV of this Decree;
b) A copy of the automobile
registration certificate or a copy of the appointment letter for the receipt of
the automobile registration certificate from the registration authority or a
copy from the original book of the automobile registration certificate. In case
the vehicle is not under the ownership of the transport enterprise, a copy of
one of the following documents must be presented: A written vehicle rental
contract with an organization or individual or a service contract between the
member and the cooperatives or a business cooperation contract;
c) Plan to operate the
scheduled passenger transport route between Vietnam and Laos according to Form
No. 09, Appendix IV of this Decree.
3. Transport route authority:
Directorate for Roads of Vietnam.
4. Procedures:
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b) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
competent authority shall issue a written notice of operation of the scheduled
passenger transport route between Vietnam and Laos according to Form No. 10
Appendix IV of this Decree. In case of refusal, the licensing authority shall
notify in writing or through the online public service system, clearly stating
the reason;
c) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
5. The written notice of
route operation expires in case the transport enterprise fails to put the
vehicle into operation within 60 days from the effective date.
6. A scheduled passenger
transport route between Vietnam and Laos 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. Vehicles operating
scheduled passenger transport routes between Vietnam and Laos must have a
transport order. A transport order is issued for 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). Transport orders are issued by the transport enterprise
according to Form No. 11 Appendix IV of this Decree and must be numbered by
year for management.
8. Addition or replacement of
vehicles for scheduled passenger transport
a) A transport enterprise
operating on the route is entitled to supplement or replace vehicles;
b) Application for
registration of addition or replacement of vehicles as prescribed in Clause 2
of this Article. A written request, using Form No. 08, Appendix IV of this
Decree;
c) Procedures shall comply
with the provisions of Clause 4 of this Article.
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a) In seeking cessation of
route operation, cessation of vehicles operating on the route, the transport
enterprise shall notify in writing according to Form No. 12, Appendix IV of
this Decree to the competent authority or the frontline station on the
Vietnamese side and return the notices of route operation and the intermodal
transport permits of the vehicles that have stopped operating to the competent
authority.
The transport enterprise is
only allowed to stop operating the route or stop the vehicle operating on the
route after it has posted at the frontline bus station in Vietnamese side for
at least 10 days;
b) Within 02 working days
from the date of receipt of the request, the transport route authority shall
make a notice of cessation of route operation using Form No. 13 of Appendix IV
of this Decree and make a public announcement for other transport enterprises
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 enterprise must
notify in writing according to Form No. 14, Appendix IV of this Decree to the
competent authority, 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, Appendix IV of this Decree.
Chapter
VI
PROCEDURES FOR
ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS AND
INTERMODAL TRANSPORT PERMITS BETWEEN VIETNAM AND CAMBODIA
Article
29. Issuance and re-issuance of international road transport permits between
Vietnam and Cambodia
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2. Required documents in
application:
a) Application form for the
issuance or re-issuance of an international road transport permit between
Vietnam and Cambodia using Form No. 01, Appendix V of this Decree;
b) Transport business plan
according to Form No. 02, Appendix V of this Decree.
3. Licensing authority:
Directorate for Roads of Vietnam.
4. Procedures:
a) The transport enterprise
shall submit 01 application for the issuance or re-issuance of an international
road transport permit between Vietnam and Cambodia to the licensing authority
in one of the following forms: in person, online, by post;
b) The licensing authority
receives and verifies the application. In case of receiving application at the
licensing authority in person or by post, the application-receiving officer
shall update the information of the application in accordance with regulations
into the online public service system of Directorate for Roads of Vietnam. In
case the application needs to be amended, the licensing authority shall notify
in person or in writing or through the online public service system to the
transport enterprise within 01 working day from the date of receipt of the
application;
c) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
licensing authority shall issue an international road transport permit between
Vietnam and Cambodia using Form No. 03, Appendix V of this Decree. In case of
refusal, the licensing authority shall notify in writing or through the online
public service system, clearly stating the reason;
d) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
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Article
30. Withdrawal of international road transport permits between Vietnam and
Cambodia
1. The licensing authority
shall withdraw the international road transport permits between Vietnam and
Cambodia when the transport enterprise violates one of the following cases:
a) Perform a type of
transport not specified in the international road transport permits between
Vietnam and Cambodia;
b) The license for automobile
transport business is withdrawn by the competent authority;
c) The specialized regulatory
agency at the checkpoint requests the withdrawal because of violations related
to import and export activities at the checkpoint, regulations on management of
activities at the checkpoint area;
d) Terminate operations as
prescribed by law.
2. Procedures:
a) The licensing authority
shall issue a decision to withdraw the international road transport permit
between Vietnam and Cambodia and send it to the transport enterprise,
regulatory agencies at the checkpoint and relevant agencies; post information
on the website of the licensing authority and simultaneously notify in writing
the competent authority of Cambodia side for coordination in handling;
b) After the decision to
withdraw the license takes effect, the transport enterprise must stop all
transport activities across borders and within 15 working days must submit to
the licensing authority the following: the international road transport permit
between Vietnam and Cambodia, the entire international road transport permit
between Vietnam and Cambodia that have been issued.
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1. Holders: Intermodal
transport permits between Vietnam and Cambodia are granted to vehicles of
organizations and individuals, transport enterprises that meet the conditions
prescribed by law on road transport activities between Vietnam and Cambodia.
2. Required documents in an
application for issuance or re-issuance of a permit for commercial vehicle
include:
a) Application form for the issuance
or re-issuance of the permit using Form No. 04, Appendix V of this Decree;
b) A copy of the automobile
registration certificate or a copy of the appointment letter for the receipt of
the automobile registration certificate from the registration authority or a
copy from the original book of the automobile registration certificate. In case
the vehicle is not under the ownership of the transport enterprise, a copy of
one of the following documents must be presented: A written vehicle rental
contract with an organization or individual or a service contract between the
member and the cooperatives or a business cooperation contract;
c) A copy of the written
notice of route operation, the document of replacement or addition of vehicles
of the route management agency, and the contract to pick up and drop off
passengers at the bus station in Vietnam and the passenger bus station or other
places to pick up and drop off passengers in Cambodia (for vehicles operating
on scheduled passenger transport routes between Vietnam and Cambodia).
3. Required documents in an
application for issuance or re-issuance of a permit for non-commercial vehicle
include:
a) Application form for the
issuance or re-issuance of the permit using Form No. 05, Appendix V of this
Decree;
b) A copy of the automobile
registration certificate or a copy of the appointment letter for the receipt of
the automobile registration certificate from the registration authority or a
copy from the original book of the automobile registration certificate. In case
the vehicle is not under the ownership of the organization or individual, an
additional copy of the vehicle rental contract must be presented;
c) A copy of the competent
agency's decision on assignment for business trip, for official vehicles.
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a) Commercial vehicles;
b) Non-commercial vehicles of
central agencies of the Party, National Assembly and Government; Ministries,
ministerial-level agencies, Governmental agencies, ministries' agencies,
diplomatic missions, government organizations, socio-political organizations,
mass organizations, and central public sector entities.
5. The Departments of
Transport of provinces and central-affiliated cities shall issue intermodal
transport permits to vehicles of agencies, organizations, individuals and
transport enterprises in the provinces/cities.
6. The Department of
Transport of the province/city where there is a border checkpoint with
Cambodia, shall issue permits to non-commercial vehicles of organizations and
individuals located in other provinces of Vietnam to pass through the border
checkpoints in their respective province/city.
7. Procedures:
a) Organizations, individuals
and transport enterprises shall submit 01 set of application to the licensing
authority. The licensing authority receives and verifies the application. In
case of receiving application at the licensing authority in person or by post,
the application-receiving officer shall update the information of the application
in accordance with regulations into the online public service system of the
licensing authority. In case the application needs to be amended, the licensing
authority shall notify in person or in writing or through the online public
service system to the organization, individual, transport enterprise within 01
working day from the date of receipt of the application;
b) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
licensing authority shall issue a permit using Form No. 06 (for commercial
vehicles) and Form No. 07 (for non-commercial vehicles) of Appendix V of this
Decree. In case of refusal, the licensing authority shall notify in writing or
through the online public service system, clearly stating the reason;
c) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
8. In case the intermodal
transport permit between Vietnam and Cambodia is damaged or lost, the
organization, individual, transport enterprise shall make an application for
re-issuance of permit according to the provisions of Clauses 2, 3 and 7 of this
Article.
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1. The licensing authority shall
withdraw the intermodal transport permit between Vietnam and Cambodia when the
transport enterprise violates one of the following cases:
a) Fail to comply with the
contents stated in the intermodal transport permit when performing intermodal
transport activities between Vietnam and Cambodia;
b) Fail to carry out
intermodal transport activities between Vietnam and Cambodia within 3 months
from the date of issuance of the intermodal transport permit;
c) Fail to conduct intermodal
transport activities between Vietnam and Cambodia from 03 trips or more within
a period of 06 consecutive months (a trip refers to both outgoing and return
trip);
d) The license for transport
business by automobile or the international road transport permit between
Vietnam and Cambodia is withdrawn by the competent authority;
dd) Vehicles that have passed
the time limit for re-import into Vietnam as prescribed, except in cases of
natural disasters, accidents or force majeure reasons.
2. Procedures:
a) The licensing authority
shall issue a decision to withdraw the intermodal transport permit between
Vietnam and Cambodia and send it to the transport enterprise, regulatory
agencies at the checkpoint and relevant agencies; post information on the
website of the licensing authority;
b) After the decision to
withdraw the license takes effect, the transport enterprise must stop all
transport activities across the borders and within 15 working days must submit
the intermodal transport permit between Vietnam and Cambodia to the licensing authority.
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1. Holders: Cambodia’s
vehicles beyond the time limit for circulation in Vietnam specified in the
intermodal transport permit due to force majeure may have the circulation time
extended for no more than 10 days.
2. Extension authority:
Departments of Transport, Departments of Transport - Construction in the
provinces and central-affiliated cities where the vehicle encounters force
majeure events.
3. Required documents in application:
a) A written request for
extension, using Form No. 08, Appendix V of this Decree;
b) Intermodal transport
permit between Vietnam and Cambodia (original).
4. Procedures:
a) Submit 01 set of
application in person to the competent authority where the vehicle encounters a
force majeure incident;
b) Within 02 working days
from the date of receipt of complete and valid application as prescribed, the
competent authority shall extend the circulation time for the Cambodia’s
vehicle. The competent authority shall give the extension in a separate
document or in the intermodal transport permit. In case of refusal, competent
authority shall provide explanation in writing.
Article
34. Procedures for registration, cessation of route operation, addition or replacement
of means of scheduled passenger transport between Vietnam and Cambodia
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Transport enterprises that
satisfy all conditions under current regulations may register to operate
scheduled passenger transport routes between Vietnam and Cambodia.
2. Applicants for
registration to operate the scheduled passenger transport route between Vietnam
and Cambodia:
a) An application form for
registration of scheduled passenger transport routes between Vietnam and
Cambodia, using Form No. 09, Appendix V of this Decree;
b) A copy of the automobile
registration certificate or a copy of the appointment letter for the receipt of
the automobile registration certificate from the registration authority or a
copy from the original book of the automobile registration certificate. In case
the vehicle is not under the ownership of the transport enterprise, a copy of
one of the following documents must be presented: A written vehicle rental
contract with an organization or individual or a service contract between the
member and the cooperatives or a business cooperation contract;
c) Plan to operate the
scheduled passenger transport route between Vietnam and Cambodia according to
Form No. 10, Appendix V of this Decree.
3. Transport route authority:
Directorate for Roads of Vietnam.
4. Procedures for
registration to operate the scheduled passenger transport route between Vietnam
and Cambodia:
a) The transport enterprise
shall submit 01 application in one of the following forms: in person, online,
by post to the competent authority. After receiving and checking the
application, the receiving officer shall update the information of the
application in accordance with regulations into the online public service
system of the Directorate for Roads of Vietnam. In case the application needs
to be amended, the licensing authority shall notify in person or in writing or
through the online public service system to the organization, individual,
transport enterprise within 01 working day from the date of receipt of the
application;
b) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
transport route authority shall issue a written notice of operation of the
scheduled passenger transport route between Vietnam and Cambodia according to
Form No. 11 Appendix V of this Decree. In case of refusal, the transport route
authority shall notify in writing or through the online public service system,
clearly stating the reason;
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5. The written notice of
route operation expires in case the transport enterprise fails to put the
vehicle into operation within 60 days from the 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. Vehicles operating
scheduled passenger transport routes between Vietnam and Cambodia must have a
transport order. A transport order is issued for 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). The transportation order is printed by the transport
enterprise according to Form No. 12, Appendix V of this Decree. The transport
order must be numbered by year for management.
8. Addition or replacement of
vehicles for scheduled passenger transport
a) A transport enterprise
operating on the route is entitled to supplement or replace vehicles;
b) Application for
registration of addition or replacement of vehicles as prescribed in Clause 2
of this Article A written request, using Form No. 09, Appendix V of this
Decree;
c) Procedures for
administrative procedures shall comply with the provisions of Clause 4 of this
Article.
9. Cessation of route
operation, adjustment of frequency of vehicle operation on the scheduled
passenger transport route by automobiles between Vietnam and Cambodia:
a) The transport enterprise
operating on a scheduled passenger transport route by automobile between
Vietnam and Cambodia shall, in seeking operation on the route or cessation of
the vehicle, send a written notice according to Form No. 13 Appendix V of this
Decree to the competent authority, the frontline bus station on the Vietnamese
side and return to the Directorate for Roads of Vietnam the notices of route
operation, the intermodal transport permits of the vehicles that have stopped
operating on the route;
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b) Within 02 working days
from the date of receipt of the request, the competent authority shall make a
notice of cessation of route operation using Form No. 14 of Appendix V of this Decree
and make a public announcement for other transport enterprises 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
enterprise must send a written notice according to Form No. 15, Appendix IV of
this Decree to the competent authority, 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. 16, Appendix V of this Decree.
Chapter
VII
PROCEDURES FOR
ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERMODAL TRANSPORT PERMITS BETWEEN
VIETNAM, LAOS AND CAMBODIA
Article
35. Issuance and re-issuance of intermodal transport permits between Vietnam
and Cambodia
1. Holders: Intermodal
transport permits between Vietnam, Laos and Cambodia are granted to vehicles of
organizations and individuals, transport enterprises that meet the conditions
prescribed by law on road transport activities between Vietnam, Laos and
Cambodia.
2. Required documents in an
application for commercial vehicle include:
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b) A copy of the automobile
registration certificate or a copy of the appointment letter for the receipt of
the automobile registration certificate from the registration authority or a
copy from the original book of the automobile registration certificate. In case
the vehicle is not under the ownership of the transport enterprise, a copy of
one of the following documents must be presented: A written vehicle rental
contract with an organization or individual or a service contract between the
member and the cooperatives or a business cooperation contract;
c) A copy of the written
notice of route operation, the document of replacement or addition of vehicles
of the route management agency, and the contract to pick up and drop off
passengers at the bus station in Vietnam and the passenger bus station or other
places to pick up and drop off passengers in Laos, Cambodia (for vehicles
operating on scheduled passenger transport routes between Vietnam, Laos and
Cambodia).
3. Required documents in an
application for non-commercial vehicle include:
a) Application form for the
issuance or re-issuance of the permit using Form No. 02, Appendix VI of this
Decree;
b) Certificate of vehicle
registration (certified copy or a copy enclosed with the original for
comparison). In case the vehicle is not owned by an organization or individual,
it must be accompanied by documents proving the lawful use right of the
organization or individual with that vehicle (certified copy or a copy enclosed
with the original for comparison);
c) A certified copy of the
contract or document proving that the applicant is carrying out works, projects
or doing business in the territory of Laos or Cambodia (if the applicant is
serving works, projects or business activities in the territory of Laos or
Cambodia).
4. The Directorate for Roads
of Vietnam issues permits for the following vehicles:
a) Commercial vehicles,
including contract passenger transport vehicles, tourist transport vehicles,
and goods transport vehicles;
b) Non-commercial vehicles of
organizations and individuals that seek the issuance of permits at the
Directorate for Roads of Vietnam.
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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 local checkpoints.
7. Procedures:
a) Organizations, individuals
and transport enterprises shall submit 01 set of application to the licensing
authority in one of the following forms: in person, online, by post. The
licensing authority receives and verifies the application. In case of receiving
application at the licensing authority in person or by post, the application-receiving
officer shall update the information of the application in accordance with
regulations into the online public service system of the licensing authority.
In case the application needs to be amended, the licensing authority shall
notify in person or in writing or through the online public service system to
the organization, individual, transport enterprise within 01 working day from
the date of receipt of the application;
b) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
licensing authority shall issue an intermodal transport permit using Form No.
03 (for commercial vehicles) and Form No. 04 (for non-commercial vehicles) of
Appendix VI of this Decree. In case of refusal, the licensing authority shall
notify in writing or through the online public service system, clearly stating
the reason;
c) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
8. In case the intermodal
transport permit between Vietnam, Laos and Cambodia is damaged or lost, the
organization, individual, transport enterprise shall make an application for
re-issuance of permit according to the provisions of Clauses 2, 3 and 7 of this
Article.
Article
36. Withdrawal of intermodal transport permit between Vietnam, Laos and
Cambodia
1. The licensing authority
shall withdraw the intermodal transport permit between Vietnam, Laos and
Cambodia when the transport enterprise violates one of the following cases:
a) Fail to comply with the
contents stated in the intermodal transport permit when performing intermodal
transport activities between Vietnam, Laos and Cambodia;
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c) Fail to conduct transport
activities between Vietnam, Laos and Cambodia from 03 trips or more within a
period of 06 consecutive months (a trip refers to both outgoing and return trip);
d) Vehicles that have passed
the time limit for re-import into Vietnam as prescribed, except in cases of
natural disasters, accidents or force majeure reasons;
dd) The license for transport
business by automobile or the international road transport permit between
Vietnam and Laos or the international road transport permit between Vietnam and
Cambodia is withdrawn by the competent authority.
2. Procedures:
a) The licensing authority
shall issue a decision to withdraw the intermodal transport permit between
Vietnam, Laos and Cambodia and send it to the transport enterprise, regulatory
agencies at the checkpoint and relevant agencies; post information on the
website of the licensing authority;
b) After the decision to
withdraw the license takes effect, the transport enterprise must stop all
transport activities across the borders and within 15 working days must submit
the intermodal transport permit between Vietnam, Laos and Cambodia to the
licensing authority.
Article
37. Extension of circulation time in Vietnam for Laos or Cambodia’s vehicles
1. Holders: Laos or
Cambodia’s vehicles beyond the time limit for circulation in Vietnam specified
in the intermodal transport permit due to force majeure may have the
circulation time extended for no more than 10 days.
2. Extension authority:
Departments of Transport, Departments of Transport - Construction in the
provinces and central-affiliated cities where the vehicle encounters force
majeure events.
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a) A written request for extension,
using Form No. 05, Appendix V of this Decree;
b) Intermodal transport
permit between Vietnam, Laos and Cambodia (original).
4. Procedures:
a) Submit 01 set of
application in person to the competent authority where the vehicle encounters a
force majeure incident;
b) Within 02 working days
from the date of receipt of complete and valid application as prescribed, the
competent authority shall extend the circulation time for the Laos or
Cambodia’s vehicle. The competent authority shall give the extension in a
separate document or in the intermodal transport permit. In case of refusal,
competent authority shall provide explanation in writing.
Article
38. Procedures for registration, cessation of route operation, addition or
replacement of means of scheduled passenger transport between Vietnam, Laos and
Cambodia
1. Applicants for
registration to operate the scheduled passenger transport route between
Vietnam, Laos and Cambodia:
Transport enterprises that
satisfy all conditions under current regulations may register to operate
scheduled passenger transport routes between Vietnam, Laos and Cambodia.
2. Required documents in
application for registration to operate the scheduled passenger transport route
between Vietnam, Laos and Cambodia:
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b) A copy of the automobile
registration certificate or a copy of the appointment letter for the receipt of
the automobile registration certificate from the registration authority or a
copy from the original book of the automobile registration certificate. In case
the vehicle is not under the ownership of the transport enterprise, a copy of
one of the following documents must be presented: A written vehicle rental
contract with an organization or individual or a service contract between the
member and the cooperatives or a business cooperation contract;
c) Plan to operate the
scheduled passenger transport route between Vietnam and Laos according to Form
No. 07, Appendix IV of this Decree.
d) Cooperation contract
between the Vietnamese transport enterprise and the partner of Laos and/or
Cambodia (certified copy or copy enclosed with the original for comparison).
3. Transport route authority:
Directorate for Roads of Vietnam, Department of Transport, Department of
Transport - Construction of provinces and central-affiliated cities.
4. Procedures:
a) The transport enterprise
shall submit 01 application to the competent authority in one of the following
forms: in person, online, by post. For applications submitted in person, the
receiving officer updates the information into the online public service system
of the Directorate for Roads of Vietnam. In case the application needs to be
amended, the licensing authority shall notify in person or in writing or
through the online public service system to the transport enterprise within 01
working day from the date of receipt of the application;
b) Within 02 working days
from the date of receipt of complete and valid documents as prescribed, the
competent authority shall issue a written notice of operation of the scheduled
passenger transport route according to Form No. 08 Appendix IV of this Decree.
In case of refusal, the licensing authority shall notify in writing or through
the online public service system, clearly stating the reason;
c) The return of processing
results is done at the head office of the licensing authority or by post or
online as prescribed.
5. The written notice of
route operation expires in case the transport enterprise fails to put the
vehicle into operation within 60 days from the effective date.
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7. Vehicles operating
scheduled passenger transport routes between Vietnam, Laos and Cambodia must
have a transport order. A transport order is issued for 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). Transport orders are issued by the transport
enterprise according to Form No. 09 Appendix VI of this Decree and must be
numbered by year for management.
8. Addition or replacement of
vehicles for scheduled passenger transport
a) A transport enterprise
operating on the route is entitled to supplement or replace vehicles;
b) Application for
registration of addition or replacement of vehicles as prescribed in Clause 2
of this Article. A written request, using Form No. 06, Appendix VI of this
Decree;
c) Procedures shall comply
with the provisions of Clause 4 of this Article.
9. Cessation of route
operation, cessation of vehicles for scheduled passenger transport between
Vietnam, Laos and Cambodia
a) In seeking cessation of
route operation, cessation of vehicles operating on the route, the transport
enterprise shall notify in writing according to Form No. 10, Appendix IV of
this Decree to the competent authority or the frontline station on the
Vietnamese side and return the notices of route operation and the intermodal
transport permits of the vehicles that have stopped operating to the competent
authority.
The transport enterprise is
only allowed to stop operating the route or stop the vehicle operating on the
route after it has posted at the frontline bus station in Vietnamese side for
at least 10 days;
b) Within 02 working days
from the date of receipt of the request, the transport route authority shall
make a notice of cessation of route operation using Form No. 11 of Appendix VI
of this Decree and make a public announcement for other transport enterprises
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
enterprise must send a written notice according to Form No. 12, Appendix VI of
this Decree to the competent authority, 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. 13, Appendix VI of this Decree.
Chapter
VIII
IMPLEMENTATION
Article
39. Ministry of Transport
1. Take charge and coordinate
with concerned ministries, central authorities and local governments in
implementing the provisions of this Decree.
2. Direct the Directorate for
Roads of Vietnam to develop cross-border road transport management software.
Article
40. Relevant ministries, ministerial-level agencies and People's Committees of
centrally-affiliated cities and provinces
1. Relevant ministries,
ministerial-level agencies and People's Committees of centrally-affiliated
cities and provinces shall organize the implementation of the Decree according
to their functions and tasks.
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Article
41. Transport enterprises
Comply with the provisions of
this Decree and to observe the inspection and examination during the
implementation of the provisions of this Decree and other relevant laws.
Chapter
IX
IMPLEMENTATION
Article
42. Entry in force
1. This Decree comes into
force as of February 15, 2022.
2. International road
transport permits and intermodal transport permits that were issued before the
effective date of this Decree shall remain valid until they expire.
Article
43. Implementation
The Ministers, the heads of
the ministerial-level agencies, the heads of the Governmental agencies, the
Presidents of the People's Committees of the provinces and central-affiliated
cities, and the enterprises, organizations and individuals concerned shall implement
this Decree./.
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ON BEHALF OF
THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY MINISTER
Le Van Thanh