Nghị định 119/2021/NĐ-CP quy định thủ tục cấp, cấp lại, thu hồi giấy phép vận tải đường bộ qua biên giới

DECREE

Providing regulations on order and procedures for grant, re-grant and revocation of cross-border road transport permits

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Road Traffic dated November 13, 2008;

In order to implement the ASEAN Framework Agreement on the Facilitation of Goods in Transit signed on December 16, 1998;

In order to implement the ASEAN Framework Agreement on the Facilitation of Inter-State Transport signed on December 10, 2009;

In order to implement the ASEAN Framework Agreement on the Facilitation of Cross Border Transport of Passengers by Road Vehicles signed on October 13, 2017;

In order to implement the Greater Mekong Subregion Cross-Border Transport Facilitation Agreement signed on November 26, 1999, amended on April 30, 2004 and Appendices, Protocols implementing the Agreement;

In order to implement the Agreement on road transport signed between the Socialist Republic of Vietnam and the People Republic of China on November 22, 1994, and the Protocols amending and implementing the Agreement;

In order to implement the Agreement on road motorized vehicle facilitation signed between the Socialist Republic of Vietnam and the Democratic Republic of Laos on April 23, 2009 and the Protocol implementing the Agreement;

In order to implement the Agreement on road transport signed between the Socialist Republic of Vietnam and the Kingdom of Cambodia on June 01, 1994, and the Protocols amending and implementing the Agreement;

In order to implement the Memorandum of Understanding between and among Viet Nam, Cambodia and Laos on Road Transport signed on January 17, 2013;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree providing regulations on order and procedures for grant, re-grant and revocation of cross-border road transport permits

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree provides regulations on the order and procedures for grant, re-grant and revocation of international road transport permits, cross-border transport permits for transport business units and vehicles; extension of the circulation duration of a vehicle in Vietnam which transporting passengers and goods between Vietnam and other countries in accordance with treaties on cross-border road transport to which Vietnam is a contracting party.

Article 2. Subjects of application

This Decree applies to agencies, organizations, and individuals involved in the cross-border road transport between Vietnam and neighboring countries in accordance with treaties to which Vietnam is a contracting party.

This Decree does not apply to those who are entitled to permit exemption in accordance with treaties on cross-border road transport to which Vietnam is a contracting party.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Transport business units include: Enterprises and cooperatives conducting the business of transporting goods or passengers by automobiles.

2. Vehicles include: Automobiles, goods transport vehicles; tractors; trailers, semi-trailer pulled by automobiles, special-use vehicles.

3. International road transport means the activity of transporting passengers and goods by road vehicles between one location in the territory of Vietnam and the one outside Vietnam.

4. Commercial vehicle means a vehicle used for transporting goods and passengers for commercial purposes.

5. Non-commercial vehicle means a vehicle of an organization or individual which is used for non-commercial purposes. Non-commercial vehicles do not include automobiles with more than 9 seats of passenger transport business units.

6. A force majeure event means an event which occurs objectively and unpredictably and cannot be overcome although all necessary measures have been applied and all the permitted capability has been used.

Article 4. Operation scope of vehicles

1. Vehicles granted with a cross-border transport permit shall operate along the roads and border gates stated in the permit. For road transport between Vietnam and China, vehicles shall operate along roads and border gates stated in the Vietnam-China international road transport permits.

2. Vehicles are not allowed to transport passengers or goods between two locations within the territory of another member country; or transport goods between locations within the territory of a transit country.

Article 5. General provisions on international road transport permits and cross-border transport permits

1. International road transport permits are granted by competent agencies for transport business units involved in international road transport activities. Regarding international road transport between Vietnam and China, international road transport permits are granted for state-owned vehicles and road vehicles used for transport through the border gates between Vietnam and China.

2. Cross-border transport permits are granted by competent agencies for vehicles used to conduct international road transport activities.

a) A cross-border transport permit granted for a commercial vehicle which is valid for 1 year from the date of grant, may be used many times, but not more than 30 days/trip. A Vietnam-Laos cross-border transport permit granted for a vehicle of a unit in service of works or projects implemented in the territory of Laos, which is valid for 1 year, shall not be restricted in terms of time for each trip, but not beyond the deadline for finishing works, projects or business activities of the enterprise in the territory of Laos.

b) A cross-border transport permit granted for a non-commercial vehicle (excluding fire trucks, ambulances, secure vehicles, or vehicles used for humanitarian aid purpose), which is valid for 30 days from the date of issuance, shall be used once.

3. The validity period of a cross-border transport permit granted for a vehicle must not exceed the lifetime of such vehicle.

 

Chapter II

ORDER AND PROCEDURES FOR GRANT, RE-GRANT AND REVOCATION OF ASEAN ROAD TRANSPORT PERMITS AND CROSS-BORDER TRANSPORT PERMITS

 

Article 6. Grant and re-grant of ASEAN road transport permits

1. Subjects:

ASEAN road transport permits are granted for Vietnam's transport business units involved in ASEAN road transport activities.

2. A dossier comprises: A written request for grant or re-grant of ASEAN road transport permits made according to Form No. 01 provided in Appendix I to this Decree.

3. Competence to grant permits: The Directorate for roads of Vietnam.

4. Order and procedures:

a) The transport business unit shall submit one set of dossiers of request for grant or re-grant of ASEAN road transport permits to the agency competent to grant permits directly, online or via post office;

b) The agency competent to grant permits shall receive and check the dossier. In case of receiving the dossier directly at the competent agency or via post office, the officer receiving the dossier shall update the dossier information to the online public service system of such competent agency according to regulations. In case the dossier needs to be amended or supplemented, the agency competent to grant permits shall directly notify or issue a written notice or notify through the online public service system to the transport business unit within 1 working day after receiving the dossier.

c) Within 2 working days after receiving the valid dossier as prescribed, the agency competent to grant permits shall grant an ASEAN road transport permit according to Form No. 02 provided in Appendix I to this Decree. In case of refusal, the agency competent to grant permits shall notify in writing or through the online public service system, and clearly state the reason;

d) The return of results shall be done at the head office of the agency competent to grant permits or by post office or online as prescribed.

5. In case the ASEAN road transport permit is damaged or lost, the transport business unit shall compile a dossier of request for re-grant in accordance with Clauses 2 and 4 of this Article.

Article 7. Revocation of ASEAN road transport permits

1. The agencies competent to grant permits shall revoke ASEAN road transport permits when transport business units violate one of the following cases:

a) Conducting business in the wrong type of transport according to ASEAN road transport permits;

b) Licenses for by-automobile transport business are revoked by competent agencies;

c) Specialized state management agencies at border gates request for revocation because of violations related to import and export activities at border gates, regulations on operation management in border gate areas;

d) Terminating operations as prescribed by law.

2. Order and procedures:

a) The agency granting permits shall grant a decision on revoking the ASEAN road transport permits and send it to the transport business unit, state management agencies at the border gates and relevant agencies; post such information on the website of the agency competent to grant permits and at the same time, notify ASEAN members in writing for coordination in handling;

b) After the decision on revoking the permit takes effect, the transport business unit shall stop all transport activities across ASEAN borders and submit the ASEAN road transport permits and ASEAN cross-border transport permits to the agency granting permits within 15 working days.

Article 8. Grant and re-grant of ASEAN cross-border transport permits

1. Subjects:

ASEAN cross-border transport permits shall be granted to vehicles under the lawful use rights of transport business units that have been granted ASEAN road transport permits.

2. A dossier comprises:

a) A written request for grant or re-grant of ASEAN cross-border transport permits, made according to Form No. 03 provided in Appendix I to this Decree;

b) A copy of the vehicle registration certificate or a copy of the appointment slip for the vehicle registration certificate of the agency granting the certificates or a copy from the master register of the vehicle registration certificate. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents shall be presented: A written vehicle rental contract with an organization or individual or a service contract between a member and the cooperative or a business co-operation contract.

3. Competence to grant permits: The Directorate for roads of Vietnam.

4. Order and procedures:

a) The transport business unit shall submit one set of dossiers of request for grant or re-grant of ASEAN cross-border transport permits to the agency competent to grant permits directly, online or via post office;

b) The agency competent to grant permits shall receive and check the dossier. In case of receiving the dossier directly at the competent agency or via post office, the officer receiving the dossier shall update the dossier information to the online public service system of such competent agency according to regulations. In case the dossier needs to be amended or supplemented, the agency competent to grant permits shall directly notify or issue a written notice or notify through the online public service system to the transport business unit within 1 working day after receiving the dossier.

c) Within 2 working days after receiving the valid dossier as prescribed, the agency competent to grant permits shall grant an ASEAN cross-border transport permit according to Form No. 04 provided in Appendix I to this Decree. In case of refusal, the agency competent to grant permits shall notify in writing or through the online public service system, and clearly state the reason;

d) The return of results shall be done at the head office of the agency competent to grant permits or by post office or online as prescribed.

5. In case the ASEAN cross-border transport permit is damaged or lost, the transport business unit shall compile a dossier of request for re-grant of the permit in accordance with Clauses 2 and 4 of this Article.

Article 9. Revocation of ASEAN cross-border transport permits

1. The agencies competent to grant permits shall revoke ASEAN cross-border transport permits when one of the following violations is committed:

a) Failing to comply with the contents stated in the cross-border transport permit when performing ASEAN cross-border transport activities;

b) Failing to carry out ASEAN cross-border transport activities within 3 months from the date of granting the cross-border transport permit;

c) Failing to carry out ASEAN cross-border transport activities from 3 trips or more within a period of 6 consecutive months (one trip is considered as both outward trip and return trip);

d) Licenses for by-automobile transport business or ASEAN road transport permits are revoked by competent agencies;

dd) Vehicles are beyond the prescribed time limit for re-import into Vietnam, except for natural disasters, accidents or force majeure events.

2. Order and procedures:

a) The agency granting permits shall grant a decision on revoking the ASEAN cross-border transport permits and send it to the transport business unit, state management agencies at the border gates and relevant agencies; post such information on the website of the agency competent to grant permits and at the same time, notify ASEAN members in writing for coordination in handling;

b) After the decision on revoking the permits takes effect, the transport business unit shall stop all transport activities across ASEAN borders for the vehicles whose permits have been revoked and submit the ASEAN cross-border transport permits to the agency competent to grant permits within 15 working days.

Article 10. Extension of the circulation duration in Vietnam for vehicles of countries implementing the ASEAN Framework Agreements on cross-border road transport

1. Subjects: Vehicles of countries implementing the ASEAN Framework Agreements on cross-border road transport whose circulation duration in Vietnam as specified in ASEAN cross-border transport permits expires due to force majeure events.

2. Competence to extend: Departments of Transport, Departments of Transport - Construction of the provinces and centrally-run cities where the vehicles encounter force majeure events.

3. A dossier comprises:

a) A written request for extension, made according to Form No. 05 provided in Appendix I to this Decree;

b) An ASEAN cross-border transport permit (original).

4. Order and procedures:

a) An organization or individual shall submit one set of dossiers directly to the competent agency where the vehicle encounters force majeure events;

b) Within 2 working days after receiving the valid dossier as prescribed, the competent agency shall extend the circulation duration for vehicles of countries implementing the ASEAN Framework Agreements on cross-border road transport. In case of refusal to extend, the competent agency shall issue a written reply clearly stating the reason.

 

Chapter III

ORDER AND PROCEDURES FOR GRANT, RE-GRANT AND REVOCATION OF GMS ROAD TRANSPORT PERMITS AND CROSS-BORDER TRANSPORT PERMITS

 

Article 11. Grant and re-grant of GMS road transport permits

1. Subjects: GMS road transport permits are granted for Vietnam's transport business units involved in GMS road transport activities.

2. A dossier comprises: A written request for grant or re-grant of GMS road transport permits made according to Form No. 01 provided in Appendix II to this Decree.

3. Competence to grant permits: The Directorate for roads of Vietnam.

4. Order and procedures:

a) The transport business unit shall submit one set of dossiers of request for grant or re-grant of GMS road transport permits to the agency competent to grant permits directly, online or via post office;

b) The agency competent to grant permits shall receive and check the dossier. In case of receiving the dossier directly at the competent agency or via post office, the officer receiving the dossier shall update the dossier information to the online public service system of such competent agency according to regulations. In case the dossier needs to be amended or supplemented, the agency competent to grant permits shall directly notify or issue a written notice or notify through the online public service system to the transport business unit within 1 working day after receiving the dossier.

c) Within 2 working days after receiving the valid dossier as prescribed, the agency competent to grant permits shall grant a GMS road transport permit according to Form No. 02 provided in Appendix II to this Decree. In case of refusal, the agency competent to grant permits shall notify in writing or through the online public service system, and clearly state the reason;

d) The return of results shall be done at the head office of the agency competent to grant permits or by post office or online as prescribed.

5. In case the GMS road transport permit is damaged or lost, the transport business unit shall compile a dossier of request for re-grant of GMS road transport permit in accordance with Clauses 2 and 4 of this Article.

Article 12. Revocation of GMS road transport permits

1. The agencies competent to grant permits shall revoke such permits when transport business units violate one of the following cases:

a) Conducting business in the wrong type of transport according to GMS road transport permits;

b) Licenses for by-automobile transport business are revoked by competent agencies;

c) Specialized state management agencies at border gates request for revocation because of violations related to import and export activities at border gates, regulations on operation management in border gate areas;

d) Terminating operations as prescribed by law.

2. Order and procedures:

a) The agency granting permits shall grant a decision on revoking the GMS road transport permits and send it to the transport business unit, state management agencies at the border gates and relevant agencies; post such information on the website of the agency granting permits and at the same time, notify GMS members in writing for coordination in handling;

b) After the decision on revoking the permit takes effect, the transport business unit shall stop all transport activities across GMS borders and submit the following papers to the agency granting permits within 15 working days: GMS road transport permits and all GMS cross-border transport permits or the granted temporary admission documents (hereinafter referred to as the TAD).

Article 13. Grant and re-grant of GMS cross-border transport permits or TADs

1. Subjects: GMS cross-border transport permits or TADs shall be granted to vehicles under the lawful use rights of transport business units that have been granted GMS road transport permits.

2. A dossier comprises:

a) A written request for grant or re-grant of GMS cross-border transport permits or TADs, made according to Form No. 03 provided in Appendix II to this Decree;

b) A copy of the vehicle registration certificate or a copy of the appointment slip for the vehicle registration certificate of the agency granting the certificates or a copy from the master register of the vehicle registration certificate. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents shall be presented: A written vehicle rental contract with an organization or individual or a service contract between a member and the cooperative or a business co-operation contract.

3. Competence to grant permits: The Directorate for roads of Vietnam.

4. Order and procedures:

a) The transport business unit shall submit one set of dossiers of request for grant or re-grant of GMS cross-border transport permits or TADs to the agency competent to grant permits directly, online or via post office;

b) The agency competent to grant permits shall receive and check the dossier. In case of receiving the dossier directly at the competent agency or via post office, the officer receiving the dossier shall update the dossier information to the online public service system of such competent agency according to regulations. In case the dossier needs to be amended or supplemented, the agency competent to grant permits shall directly notify or issue a written notice or notify through the online public service system to the transport business unit within 1 working day after receiving the dossier;

c) Within 2 working days after receiving the valid dossier as prescribed, the agency competent to grant permits shall grant a GMS cross-border transport permit according to Form No. 04 provided in Appendix II or a TAD according to Form No. 05 provided in Appendix II to this Decree. In case of refusal, the agency competent to grant permits shall notify in writing or through the online public service system, and clearly state the reason;

d) The return of results shall be done at the head office of the agency competent to grant permits or by post office or online as prescribed.

5. In case the GMS cross-border transport permit or TAD is damaged or lost, the transport business unit shall compile a dossier of request for re-grant of the permit or TAD in accordance with Clauses 2 and 4 of this Article.

Article 14. Revocation of GMS cross-border transport permits or TADs

1. The agency granting permits shall revoke GMS cross-border transport permits or TADs in case one of the following violations is committed:

a) Failing to comply with the contents stated in the cross-border transport permit or TAD when performing GMS cross-border transport activities;

b) Failing to carry out GMS cross-border transport activities within 3 months from the date of granting the cross-border transport permit or TAD;

c) Failing to carry out GMS cross-border transport activities from 3 trips or more within a period of 6 consecutive months (one trip is considered as both outward trip and return trip);

d) Licenses for by-automobile transport business or GMS road transport permits are revoked by competent agencies;

dd) Vehicles are beyond the prescribed time limit for re-import into Vietnam, except for natural disasters, accidents or force majeure events.

2. Order and procedures:

a) The agency granting permits shall grant a decision on revoking the GMS cross-border transport permits or TADs and send it to the transport business unit, state management agencies at the border gates and relevant agencies; post such information on the website of the agency granting permits and at the same time, notify GMS members in writing for coordination in handling;

b) After the decision on revoking the permits takes effect, the transport business unit shall stop all transport activities across GMS borders for the vehicles whose permits have been revoked and submit the GMS cross-border transport permits or TADs to the agency competent to grant permits within 15 working days.

Article 15. Extension of the circulation duration in Vietnam for vehicles of countries implementing the GMS Agreement

1. Subjects: Vehicles of countries implementing the GMS Agreement whose duration for circulation in Vietnam as specified in GMS cross-border transport permits or TADs expires due to force majeure events.

2. Competence to extend: Departments of Transport, Departments of Transport - Construction of the provinces and centrally-run cities where the vehicles encounter force majeure events.

3. A dossier comprises:

a) A written request for extension, made according to Form No. 06 provided in Appendix II to this Decree;

b) A GMS cross-border transport permit or TAD (original).

4. Order and procedures:

a) An organization or individual shall submit one set of dossiers directly to the competent agency where the vehicle encounters force majeure events;

b) Within 2 working days after receiving the valid dossier as prescribed, the competent agency shall extend the circulation duration for vehicles of countries implementing the GMS Agreement. In case of refusal to extend, the competent agency shall issue a written reply clearly stating the reason.

 

Chapter IV

ORDER AND PROCEDURES FOR GRANT, RE-GRANT AND REVOCATION OF VIETNAM-CHINA INTERNATIONAL ROAD TRANSPORT PERMITS

 

Article 16. Vietnam-China international road transport permits

Vietnam-China international road transport permits mean permits specified in the Protocol between the Socialist Republic of Vietnam and People's Republic of China on implementing the Agreement on road transport signed between the Socialist Republic of Vietnam and the People Republic of China on October 11, 2011, including:

1. Type-A transport permits: Are granted to periodic passenger vehicles (including tourists). Such permits shall be used for many times in a year, applied to vehicles operating on routes between border areas of two countries.

2. Type-B transport permits: Are granted to non-periodic passenger vehicles (including tourists). Such permits shall be used for one trip (outgoing and return) in a year, applied to vehicles operating on routes between border areas of two countries and stated-own vehicles.

3. Type-C transport permits: Are granted to goods vehicles. Such permits shall be used for one trip (outgoing and return) in a year, applied to vehicles operating on routes between border areas of two countries.

4. Type-D transport permits: Are granted to vehicles carrying dangerous, extra-heavy and extra-long cargoes. Such permits shall be used for one trip (outgoing and return) in a year.

5. Type-E transport permits: Are granted to periodic passenger vehicles (including tourists). Such permits shall be used for many times in a year, applied to vehicles operating on routes to the territory of the two countries.

6. Type-F transport permits: Are granted to non-periodic passenger vehicles (including tourists). Such permits shall be used for one trip (outgoing and return) in a year, applied to vehicles operating on routes to the territory of the two countries and stated-own vehicles.

7. Type-G transport permits: Are granted to goods vehicles. Such permits shall be used for one trip (outgoing and return) in a year, applied to vehicles operating on routes to the territory of the two countries.

Article 17. Grant and re-grant of Vietnam-China international road transport permits of types A, B, C, E, F and G for Vietnam’s vehicles

1. Subjects: Road transport permits of types A, B, C, E, F and G shall be granted for vehicles of transport business units and state-owned vehicles of Vietnam.

2. A dossier of request for grant or re-grant of permits (for commercial vehicles) comprises:

a) A written request for grant or re-grant of permits, made according to Form No. 01 provided in Appendix III to this Decree;

b) A copy of the vehicle registration certificate or a copy of the appointment slip for the vehicle registration certificate of the agency granting the certificates or a copy from the master register of the vehicle registration certificate. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents shall be presented: A written vehicle rental contract with an organization or individual or a service contract between a member and the cooperative or a business co-operation contract.

3. A dossier of request for grant or re-grant of permits (for state-owned vehicles) comprises:

a) A written request for grant or re-grant of permits, made according to Form No. 02 provided in Appendix III to this Decree;

b) A copy of vehicle registration certificate;

c) A copy of the invitation letter from the Chinese party, which clearly state the route, border gate and invitation time (in case the original one is made in a language other than Vietnamese or English, a Vietnamese or English translation is required);

d) A copy of the decision on assignment for a working trip of the competent authority.

4. Competence to grant permits:

a) The Directorate for roads of Vietnam shall grant the transport permits of type E; the transport permits of type F or G for the first time in a year (a year starting from January 01 to December 31);

b) The Departments of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh provinces and the Department of Transport - Construction of Lao Cai province shall grant the transport permits of type A, B, C; the transport permits of type F, G for the second time in a year.

5. The order and procedures for grant of transport permits of types A, B, C, E or F, G for the first time in a year are prescribed as follows:

a) An organization, individual or unit conducting transport business activities shall submit one set of dossiers to the agency competent to grant permits. In case of receiving the dossier directly at the competent agency or via post office, the officer receiving the dossier shall update the dossier information to the online public service system of such competent agency according to regulations. In case the dossier needs to be amended or supplemented, the agency competent to grant permits shall directly notify or issue a written notice or notify through the online public service system insufficient contents or contents to be amended to an organization, individual or unit conducting transport business activities within 1 working day after receiving the dossier;

b) Within 2 working days after receiving the valid dossier as prescribed, the agency competent to grant permits shall grant permits according to Forms No. 03, 04, 05, 07, 08 and 09 provided in Appendix III to this Decree. In case of refusal, the agency competent to grant permits shall notify in writing or through the online public service system, and clearly state the reason;

c) The return of results shall be done at the head office of the agency competent to grant permits or by post office or online as prescribed;

After granting transport permits of type F or G for the first time in the year, the Directorate for roads of Vietnam shall announce the list of vehicles that have been granted a permit to the Departments of Transport or Department of Transport - Construction of the provinces mentioned in Clause 4 of this Article.

6. The order and procedures for grant of transport permits of types F, G for the second time or more in a year are prescribed as follows:

a) The driver or employee of the transport business unit that has been granted a permit for the first time shall present a vehicle registration certificate to the Department of Transport or Department of Transport - Construction of the province specified in Clause 4 of this Article;

b) The Department of Transport or Department of Transport - Construction of the province specified in Clause 4 of this Article shall, based on the list of vehicles that have been granted a permit for the first time, grant a transport permit of type F or G for the second time or more in a year.

7. In case the transport permit of type A, B, C, E, F or G of a Vietnam's vehicle expires, or is damaged or lost, an organization of unit conducting transport business activities shall compile a dossier of request for re-grant of permits in accordance with Clause 2, Clause 3, Clause5 and Clause 6 of this Article.

Article 18. Recommendation of the request for grant of Vietnam-China international road transport permits of type D for Vietnam’s vehicles

1. Type-D transport permits are granted for Vietnam's vehicles by China’s competent management agencies. Before compiling a dossier of request for Chinese authority’s grant of permits, the transport business unit shall carry out procedures for recommendation as prescribed in Clauses 2 and 4 of this Article.

2. A recommendation dossier comprises:

a) A written request made according to Form No. 10 provided in Appendix III to this Decree;

b) A permit for transporting dangerous, extra-heavy or extra-long cargoes, granted by Vietnam's competent agency (copy).

3. Recommendation agency: The Directorate for roads of Vietnam.

4. Order and procedures:

a) The transport business unit shall submit one set of dossiers to the recommendation agency. The recommendation agency shall receive and check the dossier. In case of receiving the dossier directly at the recommendation agency or via post office, the officer receiving the dossier shall update the dossier information to the online public service system of the Directorate for roads of Vietnam according to regulations. In case the dossier needs to be amended or supplemented, the recommendation agency shall directly notify or issue a written notice or notify through the online public service system insufficient contents or contents to be amended to the transport business unit within 1 working day after receiving the dossier;

b) Within 2 working days after receiving a valid dossier as prescribed, the Directorate for roads of Vietnam shall recommend the transport business unit to the China's competent agency. In case of refusal, a written notice or notice sent through the online public service system, which clearly states the reason, is required;

c) The return of results shall be done at the head office of the recommendation agency or by post office or online as prescribed.

Article 19. Grant of Vietnam-China international road transport permits of type D for China’s vehicles

1. Type-D transport permits shall be granted to China's vehicles by Vietnam’s competent agencies on the basis of the recommendation letters from China’s competent agencies.

2. A dossier comprises:

a) A written request for grant of type-D transport permits, made according to Form No. 11 provided in Appendix III to this Decree;

b) A recommendation letter of the China's competent agency (a copy enclosed with certified translations (from Chinese to Vietnamese or English) of papers and documents that are not written by both Vietnamese and Chinese or Chinese and English);

c) A permit for transporting dangerous, extra-heavy or extra-long cargoes, granted by Vietnam's competent agency (copy);

b) A permit for transporting dangerous, extra-heavy or extra-long cargoes, granted by the China's competent agency (a certified copy enclosed with certified translations (from Chinese to Vietnamese or English) of papers and documents that are not written by both Vietnamese and Chinese or Chinese and English);

b) A certificate of technical safety and environmental protection inspection (a copy enclosed with certified translations (from Chinese to Vietnamese or English) of papers and documents that are not written by both Vietnamese and Chinese or Chinese and English).

3. Competence to grant permits: The Directorate for roads of Vietnam.

4. Order and procedures:

a) An organization, individual or unit conducting transport business activities shall submit one set of dossiers to the agency competent to grant permits. The agency competent to grant permits shall receive and check the dossier. In case of receiving the dossier directly at the agency competent to grant permits or via post office, the officer receiving the dossier shall update the dossier information to the online public service system of the Directorate for roads of Vietnam according to regulations. In case the dossier needs to be amended or supplemented, the agency competent to grant permits shall directly notify or issue a written notice or notify through the online public service system insufficient contents or contents to be amended to an organization, individual or unit conducting transport business activities that has submitted the dossier within 1 working day after receiving the dossier;

b) Within 2 working days after receiving the valid dossier as prescribed, the competent agency competent shall grant permits according to Form No. 06 provided in Appendix III to this Decree. In case of refusal, the agency competent to grant permits shall notify in writing or through the online public service system, and clearly state the reason;

c) The return of results shall be done at the head office of the agency competent to grant permits or by post office or online as prescribed.

Article 20. Revocation of Vietnam-China international road transport permits

1. The agencies competent to grant permits shall revoke Vietnam-China international road transport permits in case one of the following violations is committed:

a) Failing to comply with the contents stated in the permit when performing cross-border transport activities between Vietnam and China;

b) Licenses for by-automobile transport business or Vietnam-China international road transport permits are revoked by competent agencies;

c) Vehicles are beyond the prescribed time limit for re-import into Vietnam, except for natural disasters, accidents or force majeure events.

2. Order and procedures:

a) The agency granting permits shall grant a decision on revoking the Vietnam-China international road transport permits and send it to the transport business unit, state management agencies at the border gates and relevant agencies; post such information on the website of the agency granting permits and at the same time, notify in writing to China's competent agencies for coordination in handling;

b) After the decision on revoking the permits takes effect, the transport business unit shall stop all cross-border transport activities for the vehicles whose permits have been revoked and submit the Vietnam-China international road transport permits of such vehicles to the agency granting permits within 15 working days.

Article 21. Extension of the circulation duration in Vietnam for China's vehicles

1. Subjects: China's vehicle whose circulation duration in Vietnam as stated in the Vietnam-China international road transport permit expires with plausible reason shall have its circulation duration extended once for a maximum period of 10 days.

2. Competence to extend: Departments of Transport, Departments of Transport - Construction of the provinces and centrally-run cities where the vehicles are circulating.

3. A dossier comprises:

a) A written request for extension, made according to Form No. 12 provided in Appendix III to this Decree;

b) A Vietnam-China international road transport permit (original).

4. Order and procedures:

a) An organization or individual shall submit one set of dossiers directly to the competent agency where the vehicle is circulating;

b) Within 2 working days after receiving the valid dossier as prescribed, the competent agency shall extend the circulation duration for China's vehicles. In case of refusal to extend, the competent agency shall issue a written reply clearly stating the reason.

Article 22. Procedures for registration, suspension of route operation, addition or change of vehicles used for periodically transporting passengers between Vietnam and China

1. Subjects registering for operating periodic passenger transport routes between Vietnam and China:

Transport business units fully meeting conditions according to current regulations may register for operating periodic passenger transport routes between Vietnam and China.

2. A dossier of requesting for registering for periodic passenger transport routes between Vietnam and China comprises:

a) A written request for registering the operation of periodic passenger transport routes between Vietnam and China, made according to Form No. 13 provided in Appendix III to this Decree;

b) A copy of the vehicle registration certificate or a copy of the appointment slip for the vehicle registration certificate of the agency granting the certificates or a copy from the master register of the vehicle registration certificate. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents shall be presented: A written vehicle rental contract with an organization or individual, or a service contract between a member and the cooperative or a business co-operation contract;

c) A plan on operating periodic passenger transport routes between Vietnam and China, made according to Form No. 14 provided in Appendix III to this Decree.

3. Route management agencies:

a) The Directorate for roads of Vietnam shall announce the operation of periodic passenger transport routes between Vietnam and China, for routes to the mainland of the two countries;

b) Departments of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh provinces and the Department of Transport of Lao Cao province shall announce the operation of periodic passenger transport routes between Vietnam and China, for routes between border areas of the two countries.

4. Order and procedures for registering for operating periodic passenger transport routes between Vietnam and China:

a) The transport business unit shall submit one set of dossiers directly, online or via post office. After receiving and checking the dossier, officer receiving the dossier shall update the dossier information on the online public service system of the route management agency according to regulations. In case the dossier needs to be amended or supplemented, the route management agency shall directly notify or issue a written notice or notify through the online public service system insufficient contents or contents to be amended to the transport business unit within 1 working day after receiving the dossier;

b) Within 2 working days after receiving the valid dossier as prescribed, the route management agency shall issue a written notice on operating periodic passenger transport routes between Vietnam and China according to Form No. 15 provided in Appendix III to this Decree. In case of refusal, the route management agency shall notify in writing or through the online public service system, and clearly state the reason;

c) The return of results shall be done at the head office of the route management agency or by post office or online as prescribed.

5. Addition or change of vehicles used for periodically transporting passengers between Vietnam and China:

a) The transport business units currently operating on routes may add or change vehicles used for route operation;

b) Dossiers of registering for addition or change of vehicles shall comply with Clause 2 of this Article. Written requests shall be made according to Form No. 13 provided in Appendix III to this Decree;

c) The order for carrying out administrative procedures shall comply with Clause 4 of this Article.

6. Suspension of route operation, suspension of operation of vehicles used for periodically transporting passengers between Vietnam and China:

a) The transport business unit shall send a notice to the route management agency, the bus station of the destination in Vietnam and may suspend its operation only after announcing such notice at least 10 days at the bus station of the destination in Vietnam;

b) Within 2 working days after receiving the request, the route management agency shall publicly announce for transport business units’ registration.

7. The notice on operating routes shall expire if the transport business unit fails to put its vehicles into operation within 60 days from the effective date of such notice.

 

Chapter V

ORDER AND PROCEDURES FOR GRANT, RE-GRANT AND REVOCATION OF VIETNAM-LAOS INTERNATIONAL ROAD TRANSPORT PERMITS AND CROSS-BORDER TRANSPORT PERMITS

 

Article 23. Grant and re-grant of Vietnam-Laos international road transport permits

1. Subjects: Vietnam-Laos international road transport permits shall be granted for Vietnam's transport business units that meet requirements in Article 19 of the Protocol implementing the Agreement on road motorized vehicle facilitation signed between the Socialist Republic of Vietnam and the Democratic Republic of Laos.

2. A dossier comprises:

a) A written request for grant or re-grant of Vietnam-Laos international road transport permits, made according to Form No. 01 provided in Appendix IV to this Decree;

b) A transport business plan, made according to Form No. 02 provided in Appendix IV to this Decree.

3. Competence to grant permits: The Directorate for roads of Vietnam, Departments of Transport and Department of Transport - Construction of provinces and centrally-run cities.

4. Order and procedures:

a) The transport business unit shall submit one set of dossiers of request for grant or re-grant of Vietnam-Laos international road transport permits to the agency competent to grant permits as mentioned in Clause 3 of this Article directly, online or via post office;

b) The agency competent to grant permits shall receive and check the dossier. In case the dossier is submitted directly at the competent agency or via post office, the officer receiving the dossier shall update the dossier information to the online public service system of the agency competent to grant permits. In case the dossier needs to be amended or supplemented, the agency competent to grant permits shall directly notify or issue a written notice or notify through the online public service system to the transport business unit within 1 working day after receiving the dossier;

c) Within 2 working days after receiving the valid dossier as prescribed, the agency competent to grant permits shall grant a Vietnam-Laos international road transport permit according to Form No. 03 provided in Appendix IV to this Decree. In case of refusal, a written notice or notice sent through the online public service system, which clearly states the reason, is required;

d) The return of results shall be done at the head office of the agency competent to grant permits or by post office or online as prescribed.

5. In case the Vietnam-Laos international road transport permit is damaged or lost, the transport business unit shall compile a dossier of request for re-grant in accordance with Clauses 2 and 4 of this Article.

Article 24. Revocation of Vietnam-Laos international road transport permits

1. The agencies competent to grant permits shall revoke the Vietnam-Laos international road transport permits when transport business units violate one of the following cases:

a) Conducting business in the wrong type of transport according to the Vietnam-Laos international road transport permits;

b) Licenses for by-automobile transport business are revoked by competent agencies;

c) Specialized state management agencies at border gates request for revocation because of violations related to import and export activities at border gates, regulations on operation management in border gate areas;

d) Terminating operations as prescribed by law.

2. Order and procedures:

a) The agency granting permits shall grant a decision on revoking the Vietnam-Laos international road transport permits and send it to the transport business unit, state management agencies at the border gates and relevant agencies; concurrently post such information on the website of the agency granting permits;

b) After the decision on revoking the permit takes effect, the transport business unit shall stop all cross-border transport activities and submit the following papers to the agency granting permits within 15 working days: Vietnam-Laos international road transport permits and Vietnam-Laos cross-border transport permits that have been granted.

Article 25. Grant and re-grant of Vietnam-Laos cross-border transport permits

1. Subjects:

Vietnam-Laos cross-border transport permits shall be granted for vehicles of organizations and individuals satisfying conditions as prescribed by the law on road transport activities between Vietnam and Laos and regulations of the Protocols implementing the Agreement on road motorized vehicle facilitation signed between the Vietnam and Laos.

2. A dossier of request for grant or re-grant of permits (for commercial vehicles) comprises:

a) A written request for grant or re-grant of permits, made according to Form No. 04 provided in Appendix IV to this Decree;

b) A copy of the vehicle registration certificate or a copy of the appointment slip for the vehicle registration certificate of the agency granting the certificates or a copy from the master register of the vehicle registration certificate. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents shall be presented: A written vehicle rental contract with an organization or individual, or a service contract between a member and the cooperative or a business co-operation contract;

c) A copy of the written notice on route operation, a document on changing vehicles or adding vehicles of the route management agency and a contract on picking up and dropping off passengers at bus stations located in Vietnam and bus stations or the pick-up place in Laos (for vehicles used for passenger transport business along a fixed route between Vietnam and Laos).

3. A dossier of request for grant or re-grant of permits for non-commercial vehicles and vehicles serving works, projects or business activities of enterprises in the territory of Laos comprises:

a) A written request for grant or re-grant of permits, made according to Form No. 05 provided in Appendix IV to this Decree;

b) A copy of the certificate of registration of vehicle under the use right of an organization or individual;

c) A copy of the decision on assignment for a working trip of the competent agency (in case the state-owned vehicles and vehicles of diplomatic missions, international organizations are used for working trip);

d) A copy of contract or document proving that the unit is implementing works, projects or conducting business activities in the territory of Laos (for enterprises and cooperatives serving works, projects or conducting business activities in the territory of Laos).

4. Competence to grant permits:

a) The Directorate for roads of Vietnam shall grant the Vietnam-Laos cross-border transport permits for vehicles of the Party, National Assembly, Government, ministries, ministerial-level agencies, agencies affiliated to ministries, central socio-political organizations, Vietnam-based diplomatic missions and international organizations’ representatives; other agencies, organizations and individuals who request for grant of permits at the Directorate for roads of Vietnam;

b) Departments of Transport and Department of Transport -
Construction of provinces and centrally-run cities shall grant the Vietnam-Laos cross-border transport permits for vehicles of agencies, organizations, individuals and units conducting transport business activities in localities;

c) The Departments of Transport of localities, where the border gates neighboring to Laos are located, shall grant permits for non-commercial vehicles of organizations and individuals that are located or residing in other provinces of Vietnam and through the border gates under their management.

5. Order and procedures:

a) An organization, individual or unit conducting transport business activities shall submit one set of dossiers to the agency competent to grant permits. The agency competent to grant permits shall receive and check the dossier. In case the dossier is submitted directly at the agency competent to grant permits or via post office, the officer receiving the dossier shall update the information to the online public service system of the agency competent to grant permits. In case the dossier needs to be amended or supplemented, the agency competent to grant permits shall directly notify or issue a written notice or notify through the online public service system to the organization, individual or transport business unit within 1 working day after receiving the dossier;

b) Within 2 working days after receiving the valid dossier as prescribed, the agency competent to grant permits shall grant a Vietnam-Laos cross-border transport permit according to Form No. 06 provided in Appendix IV to this Decree. In case of refusal, the agency competent to grant permits shall notify in writing or through the online public service system, and clearly state the reason;

c) The return of results shall be done at the head office of the agency competent to grant permits or by post office or online as prescribed.

6. In case the Vietnam-Laos cross-border transport permit is damaged or lost, the organization, individual or transport business unit shall compile a dossier of request for re-grant in accordance with Clauses 2, 3 and 5 of this Article.

Article 26. Revocation of Vietnam-Laos cross-border transport permits

1. The agency granting permits shall revoke Vietnam-Laos cross-border transport permits in case one of the following violations is committed:

a) Failing to comply with the contents stated in the cross-border transport permit when performing Vietnam-Laos cross-border transport activities;

b) Licenses for by-automobile transport business or Vietnam-Laos international road transport permits are revoked by competent agencies;

c) Vehicles are beyond the prescribed time limit for re-import into Vietnam, except for natural disasters, accidents or force majeure events.

2. Order and procedures:

a) The agency granting permits shall grant a decision on revoking the Vietnam-Laos cross-border transport permits and send it to the organization, individual, transport business unit, state management agencies at the border gates and relevant agencies; concurrently post such information on the website of the agency granting permits;

b) After the decision on revoking the permits takes effect, the transport business unit shall stop all cross-border transport activities for the vehicles whose permits have been revoked and submit the Vietnam-Laos cross-border transport permits of such vehicles to the agency granting permits within 15 working days.

Article 27. Extension of the circulation duration in Vietnam for Laos’ vehicles

1. Subjects: Laos’ vehicle, whose duration for circulation in Vietnam as stated in the cross-border transport permit expires due to force majeure events, shall have its circulation duration extended once for a maximum period of 10 days.

2. Competence to extend: Departments of Transport, Departments of Transport - Construction of the provinces and centrally-run cities where the vehicles encounter force majeure events.

3. A dossier comprises:

a) A written request for extension, made according to Form No. 07 provided in Appendix IV to this Decree;

b) A Vietnam-Laos cross-border transport permit (original).

4. Order and procedures:

a) An organization or individual shall submit one set of dossiers directly to the competent agency where the vehicle encounters force majeure events;

b) Within 2 working days after receiving the valid dossier as prescribed, the competent agency shall extend the circulation duration in Vietnam for Laos’ vehicles. The competent agency shall extend such duration by writing or state it in the cross-border transport permit. In case of refusal to extend, the competent agency shall issue a written reply clearly stating the reason.

Article 28. Procedures for registration, suspension of route operation, addition, change or adjustment of vehicle frequency on a fixed route between Vietnam and Laos

1. Subjects registering for operating fixed passenger transport routes between Vietnam and Laos: Transport business units fully meeting conditions according to current regulations may register for operating fixed passenger transport routes between Vietnam and Laos.

2. A dossier of requesting for registering for fixed passenger transport routes between Vietnam and Laos comprises:

a) A written request for registering the operation of fixed passenger transport routes between Vietnam and Laos, made according to Form No. 08 provided in Appendix IV to this Decree;

b) A copy of the vehicle registration certificate or a copy of the appointment slip for the vehicle registration certificate of the agency granting the certificates or a copy from the master register of the vehicle registration certificate. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents shall be presented: A written vehicle rental contract with an organization or individual, or a service contract between a member and the cooperative or a business co-operation contract;

c) A plan on operating fixed passenger transport routes between Vietnam and Laos, made according to Form No. 09 provided in Appendix IV to this Decree.

3. Route management agencies: The Directorate for roads of Vietnam.

4. Order and procedures:

a) The transport business unit shall submit one set of dossiers to the competent agency directly, online or via post office. For directly submitted dossiers, the officer receiving the dossiers shall update information to the online public service system of the Directorate for roads of Vietnam. In case the dossier needs to be amended or supplemented, the competent agency shall directly notify or issue a written notice or notify through the online public service system to the transport business unit within 1 working day after receiving the dossier;

b) Within 2 working days after receiving the valid dossier as prescribed, the competent agency shall issue a written notice on operating fixed passenger transport routes between Vietnam and Laos according to Form No. 10 provided in Appendix IV to this Decree. In case of refusal, the competent agency shall notify in writing or through the online public service system, and clearly state the reason;

c) The return of results shall be done at the head office of the competent agency or by post office or online as prescribed.

5. The notice on operating routes shall expire if the transport business unit fail to put its vehicles into operation within 60 days from the effective date of such notice.

6. The fixed passenger transport routes between Vietnam and Laos must start and end in the territory of Vietnam, at the bus stations from type 1 to type 4, or type-5 bus stations in poor districts in accordance with the Government's regulations.

7. Vehicles used for fixed passenger transport route between Vietnam and Laos must be granted a transport order. The transport order shall be granted for each outward trip and return trip (in case a trip lasts for many days), on a daily basis (in case there are many trips in a day). The transport order shall be issued by the transport business unit according to Form No. 11 provided Appendix IV to this Decree and must be numbered by year for management.

8. Addition or change of vehicles used for fixed passenger transport routes

a) The transport business units currently operating on routes may add or change vehicles;

b) Dossiers of registering for addition or change of vehicles shall comply with Clause 2 of this Article. Written requests shall be made according to Form No. 08 provided in Appendix IV to this Decree;

c) The order and procedures shall comply with Clause 4 of this Article.

9. Suspension of route operation or suspension of operation of vehicles used for fixed passenger transport routes between Vietnam and Laos

a) In case of wishing to suspension of route operation or suspension of operation of vehicles used for the routes, transport business units must notify in writing according to Form No. 12 provided in Appendix IV to this Decree to the competent agencies, the bus stations of the destination in Vietnam and re-submit the notice on route operation, cross-border transport permits of vehicles whose operation are suspended to the competent agencies.

The transport business units may suspend their route operation only after announcing such notice at least 10 days at the bus stations of the destination in Vietnam;

b) Within 2 working days after receiving the request, the competent agency shall issue a notice on suspending the route operation according to Form No. 13 provided in Appendix IV to this Decree, and publicly announce for other transport business units’ registration.

10. Adjustment of vehicle frequency on a route

a) At least 10 days before adjusting the vehicle frequency on a route, the transport business unit must notify the competent agency and bus stations of the destination in Vietnam in writing according to Form No. 14 provided in Appendix IV to this Decree;

b) Within 2 working days after receiving the written request, the competent agency shall issue a notice on adjusting the vehicle frequency on a route according to Form No. 15 provided in Appendix IV to this Decree.

Chapter VI

ORDER AND PROCEDURES FOR GRANT, RE-GRANT AND REVOCATION OF VIETNAM-CAMBODIA INTERNATIONAL ROAD TRANSPORT PERMITS AND CROSS-BORDER TRANSPORT PERMITS

 

Article 29. Grant and re-grant of Vietnam-Cambodia international road transport permits

1. Subjects: Vietnam-Cambodia international road transport permits shall be granted to Vietnam’s transport business units.

2. Components of a dossier:

a) A written request for grant or re-grant of Vietnam-Cambodia international road transport permits, made according to Form No. 01 provided in Appendix V to this Decree;

b) A transport business plan, made according to Form No. 02 provided in Appendix V to this Decree.

3. Agency competent to grant permits: The Directorate for Roads of Vietnam.

4. Order and procedures:

a) The transport business unit shall submit 01 dossier for the grant or re-grant of Vietnam-Cambodia international road transport permits to the licensing agency in person, online or by post;

b) The licensing agency shall receive and check the dossier. In case the dossier is directly submitted at the licensing agency or by post, the officer who receives the dossier shall update the information of the dossier as regulated into the online public service system of the Directorate for Roads of Vietnam. In case the dossier needs to be amended or supplemented, the licensing agency shall notify directly or in writing or via the online public service system to the transport business unit within 01 working day from the date of receiving the dossier;

c) Within 02 working days from the date of receiving a complete and valid dossier as prescribed, the licensing agency shall grant a Vietnam-Cambodia international road transport permit, made according to Form No. 03 provided in Appendix V to this Decree. In case of refusal, the licensing agency shall notify in writing or via the online public service system, clearly stating the reason;

d) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post or online in accordance with regulations.

5. In case the Vietnam-Cambodia international road transport permit is damaged or lost, the transport business unit shall submit a dossier for re-grant of the permit according to Clauses 2 and 4 of this Article.

Article 30. Revocation of Vietnam-Cambodia international road transport permits

1. The licensing agency shall revoke a transport business unit’s Vietnam-Cambodia international road transport permit in one of the following cases:

a) The transport business unit carries out types of transport business in contravention of its Vietnam-Cambodia international road transport permit;

b) Its by-automobile transport business permit is revoked by the competent agency;

c) The revocation is requested by a specialized state management agency at a border gate because of the transport business unit’s violations related to import and export activities at the border gate, regulations on management of activities at the border gate area;

d) The transport business unit terminates its operations in accordance with the law regulations.

2. Order and procedures:

a) The licensing agency shall issue a decision on revocation of the Vietnam-Cambodia international road transport permit and send it to the transport business unit, state management agencies at the border gate and relevant agencies; post the information on the website of the licensing agency and notify the competent agency of Cambodia for coordination in handling;

b) After the decision on revocation of the permit takes effect, the transport business unit must stop its cross-border transport; and must submit the granted Vietnam-Cambodia international road transport permit and all Vietnam-Cambodia cross-border transport permits to the licensing agency within 15 working days.

Article 31. Grant and re-grant of Vietnam-Cambodia cross-border transport permits

1. Subjects: Vietnam-Cambodia cross-border transport permits shall be granted to transport business units, individuals, organizations that satisfy all conditions in accordance with law regulations on road transport between Vietnam and Cambodia.

2. Components of a dossier for grant or re-grant of a permit for commercial transport vehicles:

a) A written request for grant or re-grant of a permit, made according to Form No. 04 provided in Appendix V to this Decree;

b) A copy of the car registration certificate or a copy of the car registration certificate appointment slip issued by the registration-granting agency or a copy issued from the original record of the car registration certificate. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents is also required: the written vehicle hire contract with an organization or individual or the service contract between a member and a cooperative or the business cooperation contract;

c) A copy of the notice of route operation, the document on replacement of vehicles or document on supplementation of vehicles of the route-managing agency and contract for passenger pickup and dropoff at stations in Vietnam and stations or passenger pickup and dropoff places in Cambodia (for vehicles used for Vietnam-Cambodia fixed passenger transport route business).

3. Components of a dossier for grant or re-grant of a permit for non-commercial vehicles include:

a) A written request for grant or re-grant of a permit, made according to Form No. 05 provided in Appendix V to this Decree;

b) A copy of the car registration certificate or a copy of the car registration certificate appointment slip issued by the registration-granting agency or a copy issued from the original record of the car registration certificate. In case the vehicle is not owned by the organization or individual, a copy of the written vehicle hire contract is also required;

c) A copy of the assignment decision to go abroad on a working trip issued by the competent agency, for official vehicles.

4. The Directorate for Roads of Vietnam shall grant permits for the following vehicles:

a) Commercial transport vehicles;

b) Non-commercial transport vehicles of central agencies of the Party, the National Assembly and the Government; ministries, ministerial-level agencies, government-attached agencies, agencies under ministries, diplomatic agencies, governmental organizations, socio-political organizations, unions, and central non-business organizations.

5. Departments of Transport of provinces and centrally-run cities shall grant cross-border transport permits for non-commercial transport vehicles of agencies, organizations and individuals in the respective localities.

6. Departments of Transport of the localities where border gates between Vietnam and Cambodia are located shall issue cross-border transport permits for non-commercial transport vehicles of organizations and individuals in other provinces of Vietnam passing through the border gates in the localities under their management.

7. Order and procedures:

a) The transport business unit, organization or individual shall submit 01 dossier to the licensing agency. The licensing agency shall receive and check the dossier. In case the dossier is directly submitted at the licensing agency or by post, the officer who receives the dossier shall update the information of the valid dossier in accordance with regulations into the online public service system of the licensing agency. In case the dossier needs to be amended or supplemented, the licensing agency shall notify directly or in writing or via the online public service system to the transport business unit, organization or individual within 01 working day from the date of receiving the dossier;

b) Within 02 working days from the date of receiving a complete and valid dossier as prescribed, the licensing agency shall grant a permit, made according to Form No. 06 (for commercial transport vehicles), or according to Form No. 07 (for non-commercial transport vehicles) provided in the Appendix V to this Decree. In case of refusal, the licensing agency shall notify in writing or via the online public service system, clearly stating the reason;

c) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post or online in accordance with regulations.

8. In case the Vietnam-Cambodia cross-border transport permit has expired, is damaged or lost, the transport business unit, organization or individual shall make a dossier for re-grant of the permit according to Clauses 2, 3 and 7 of this Article.

Article 32. Revocation of Vietnam-Cambodia cross-border transport permits

1. The licensing agency shall revoke a Vietnam-Cambodia cross-border transport permit in case one of the following acts of violation is committed:

a) Failure to comply with the contents stated in the cross-border transport permit when performing cross-border transport activities between Vietnam and Cambodia;

b) Failure to perform cross-border transport activities between Vietnam and Cambodia within 03 months from the date the cross-border transport permit is granted;

c) Failure to perform 03 Vietnam-Cambodia cross-border transport trips or more within 06 consecutive months (a trip includes the turns of going and return);

d) The by-automobile transport business permit or Vietnam-Cambodia international road transport permit is revoked by the competent agency;

dd) The vehicle’s time limit for re-entry into Vietnam as prescribed has expired, except cases of natural disasters, accidents or force majeure reasons.

2. Order and procedures:

a) The licensing agency shall issue a decision on revocation of Vietnam-Cambodia cross-border transport permits, send it to the transport business unit, state management agencies at the border gate and relevant agencies and post the information on the licensing agency’s website;

b) After the decision on revocation of the permit takes effect, the transport business unit must stop its cross-border transport of the vehicle of which permit is revoked; and must submit such vehicle’s Vietnam-Cambodia cross-border transport permit to the licensing agency within 15 working days.

Article 33. Extension of the duration of circulation in Vietnam for Cambodia’s vehicles

1. Subjects: The duration of circulation in Vietnam of Cambodia’s vehicles that exceeds the one specified in the cross-border transport permits may be extended in cases of force majeure and each extension shall not exceed 10 days.

2. Agencies competent to extend: Departments of Transport, Departments of Transport - Construction of provinces and centrally-run cities where vehicles encounter the force majeure.

3. Components of a dossier:

a) A written request for the extension, made according to Form No. 08 provided in Appendix V to this Decree;

b) The Vietnam-Cambodia cross-border transport permit (the original).

4. Order and procedures:

a) The organization or individual shall submit in person 01 dossier to the extending agency in the locality where the vehicle encounters the force majeure;

b) Within 02 working days from the date of receiving a complete and valid dossier as prescribed, the competent agency shall extend the duration of circulation for Cambodia’s vehicles. The competent agency shall carry out the extension in writing or in the cross-border transport permit. In case of refusal, the provincial-level People's Committees shall reply in writing and clearly state the reason.

Article 34. Procedures for registration or suspension of, supplementation or replacement of vehicles used for, operation of Vietnam-Cambodia fixed passenger transport routes

1. Subjects of registration of operation of Vietnam-Cambodia fixed passenger transport routes:

Transport business units that satisfy all conditions under current regulations may register to operate Vietnam-Cambodia fixed passenger transport routes.

2. A dossier for registration of operation of a Vietnam-Cambodia fixed passenger transport route includes:

a) A written request for registration of operation of Vietnam-Cambodia fixed passenger transport routes, made according to Form No. 09 provided in Appendix V to this Decree;

b) A copy of the car registration certificate or a copy of the car registration certificate appointment slip issued by the registration-granting agency or a copy issued from the original record of the car registration certificate. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents is also required: the written vehicle hire contract with an organization or individual or the service contract between a member and a cooperative or the business cooperation contract;

c) A plan for operation of Vietnam-Cambodia fixed passenger transport routes, made according to Form No. 10 provided in Appendix V to this Decree.

3. The agency competent to manage routes: The Directorate for Roads of Vietnam.

4. Order and procedures for registration of operation of Vietnam-Cambodia fixed passenger transport routes:

a) The transport business unit shall submit 01 dossier to the competent agency: in person, online or by post. After the dossier is received and checked, the officer who receives the dossier shall update the information of the valid dossier as regulated into the online public service system of the Directorate for Roads of Vietnam. In case the dossier needs to be amended or supplemented, the competent agency shall notify contents to be amended or supplemented directly or in writing or via the online public service system to the submitting organization or individual within 01 working day from the date of receiving the dossier;

b) Within 02 working days from the date of receiving a complete dossier as prescribed, the route-managing agency shall issue a notice of Vietnam-Cambodia fixed passenger transport route operation, made according to Form No. 11 provided in Appendix V to this Decree. In case of refusal, the route-managing agency shall notify in writing or via the online public service system, clearly stating the reason;

c) The notification of dossier processing results shall be carried out at the head office of the competent agency or by post or online in accordance with regulations.

5. The notice of route operation shall expire in case the transport business unit fails to put the vehicle into operation within 60 days from the effective date of the notice.

6. Vietnam-Cambodia by-automobile fixed passenger transport routes must start and end (in the territory of Vietnam) at stations of types from 1 to 4 or type-5 stations located in the poor districts under the Government’s regulations.

7. Vehicles used for operation of Vietnam-Cambodia by-automobile fixed passenger transport routes must have transport orders. Transport orders shall be granted for each going and return trip (in case the trip is performed in many days), or on a daily basis (in case of multiple trips in a day). Transport orders shall be printed by the transport business unit, made according to Form No. 12 provided in Appendix V to this Decree. Transport orders must be numbered by year for management.

8. Supplementation or replacement of vehicles used for operation of fixed passenger transport routes

a) Transport business units that are operating on the routes may supplement or replace their vehicles used for operation of routes;

b) Dossiers for registration of supplementation or replacement of vehicles shall comply with Clause 2 of this Article. The written requests shall be made according to Form No. 09 provided in Appendix V to this Decree;

c) Order of implementation of the administrative procedures shall comply with Clause 4 of this Article.

9. Suspension of operation of Vietnam-Cambodia by-automobile fixed passenger transport routes and adjustment of service frequency thereof:

a) The transport business unit that is operating a Vietnam-Cambodia by-automobile fixed passenger transport route and wishes to suspend its operation on the route or suspend its vehicles’ operation must send a notice, made according to Form No. 13 provided in Appendix V to this Decree to the competent agency, the bus station of the destination in Vietnam, and return the notice of route operation, cross-border transport permits of the vehicles of which the operation is suspended on the route to the Directorate for Roads of Vietnam;

The transport business unit may suspend its operation only after announcing such notice at least 10 days at the bus station of the destination in Vietnam;

b) Within 2 working days after receiving the request, the competent agency shall issue a notice of route operation suspension, made according to Form No. 14 provided in Appendix V to this Decree and publicly announce for other transport business units’ registration of operation.

10. Adjustment of service frequency on transport routes

a) At least 10 days before adjusting the service frequency on a route, the transport business unit must send a notice, made according to Form No. 15 provided in Appendix V to this Decree to the competent agency and the bus station of the destination in Vietnam;

b) Within 2 working days after receiving the request, the competent agency shall issue a notice of service frequency on the transport route, made according to Form No. 16 provided in Appendix V to this Decree.

 

Chapter VII

ORDER AND PROCEDURES FOR GRANT, RE-GRANT AND REVOCATION OF VIETNAM-LAOS-CAMBODIA CROSS-BORDER TRANSPORT PERMITS

 

Article 35. Grant and re-grant of Vietnam-Laos-Cambodia cross-border transport permits

1. Subjects: Vietnam-Laos-Cambodia cross-border transport permits shall be granted to transport business units, individuals, organizations that satisfy all conditions in accordance with law regulations on road transport between Vietnam, Laos and Cambodia.

2. Components of a dossier, for commercial transport vehicles:

a) A written request for grant or re-grant of a permit, made according to Form No. 01 provided in Appendix VI to this Decree;

b) A copy of the car registration certificate or a copy of the car registration certificate appointment slip issued by the registration-granting agency or a copy issued from the original record of the car registration certificate. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents is also required: the written vehicle hire contract with an organization or individual or the service contract between a member and a cooperative or the business cooperation contract;

c) A copy of the notice of route operation, the document on replacement of vehicles or document on supplementation of vehicles of the route-managing agency and contract for passenger pickup and dropoff at stations in Vietnam and stations or passenger pickup and dropoff places in Laos, Cambodia (for vehicles used for Vietnam-Laos-Cambodia fixed passenger transport route business).

3. Components of a dossier, for non-commercial transport vehicles:

a) A written request for grant or re-grant of a permit, made according to Form No. 02 provided in Appendix VI to this Decree;

b) The car registration certificate (a certified true copy or a copy attached to the original for comparison). In case the vehicle is not owned by the organization or individual, a document proving the organization or individual’s lawful use rights of such vehicle (a certified true copy or a copy attached to the original for comparison) is also required;

c) For an enterprise carrying out works, projects or business activities in the territory of Laos or Cambodia, a contract or document proving that the enterprise is carrying out works, projects or business activities in the territory of Laos or Cambodia (a certified true copy) is also required.

4. The Directorate for Roads of Vietnam shall grant permits the following vehicles:

a) Commercial transport vehicles include contracted passenger transport vehicles, tourist transport vehicles, and freight transport vehicles;

b) For non-commercial transport vehicles, organizations and individuals shall submit dossiers for grant of permits in the Directorate for Roads of Vietnam.

5. Departments of Transport, Departments of Transport - Construction of provinces and centrally-run cities shall grant Vietnam-Laos-Cambodia cross-border transport permits for passenger transport vehicles along fixed routes and non-commercial vehicles of organizations and individuals in the localities.

6. Departments of Transport of the localities where border gates between Vietnam and Laos and Cambodia are located according to the Appendix of the Memorandum of Understanding between and among Viet Nam, Cambodia and Laos on Road Transport shall grant permits to non-commercial vehicles of organizations and individuals in other provinces in Vietnam passing through border gates in their localities.

7. Order and procedures:

a) The transport business unit, organization or individual shall submit 01 dossier to the licensing agency: in person, online or by post. The licensing agency shall receive and check the dossier. In case the dossier is directly submitted at the licensing agency or by post, the officer who receives the dossier shall update the information of the valid dossier in accordance with regulations into the online public service system of the licensing agency. In case the dossier needs to be amended or supplemented, the licensing agency shall notify contents to be amended or supplemented directly or in writing or via the online public service system to the transport business unit, organization or individual within 01 working day from the date of receiving the dossier;

b) Within 02 working days from the date of receiving a complete and valid dossier as prescribed, the competent agency shall grant a Vietnam-Laos-Cambodia cross-border transport permit, made according to Form No. 03 (for commercial transport vehicles), or according to Form No. 04 (for non-commercial transport vehicles) provided in Appendix VI to this Decree. In case of refusal, the licensing agency shall notify in writing or via the online public service system, clearly stating the reason;

c) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post or online in accordance with regulations.

8. In case the Vietnam-Laos-Cambodia cross-border transport permit is damaged or lost, the transport business unit, organization or individual shall submit a dossier for re-grant of the permit according to Clauses 2, 3 and 7 of this Article.

Article 36. Revocation of Vietnam-Laos-Cambodia cross-border transport permits

1. The licensing agency shall revoke a Vietnam-Laos-Cambodia cross-border transport permit in case one of the following acts of violation is committed:

a) Failure to comply with contents stated in the Vietnam-Laos-Cambodia cross-border transport permit;

b) Failure to perform cross-border transport activities between Vietnam, Laos and Cambodia within 03 months from the date the permit is granted;

c) Failure to perform 03 Vietnam-Laos-Cambodia cross-border transport trips or more within 06 consecutive months (a trip includes the turns of going and return);

d) The vehicle’s time limit for re-entry into Vietnam as prescribed has expired, except cases of natural disasters, diseases, accidents or force majeure reasons;

dd) The by-automobile transport business permit or Vietnam-Laos international road transport permit or Vietnam-Cambodia international road transport permit is revoked by the competent agency.

2. Order and procedures:

a) The licensing agency shall issue a decision on revocation of Vietnam-Laos-Cambodia cross-border transport permits, send it to the transport business unit, organization or individual, state management agencies at the border gate and relevant agencies and post the information on the licensing agency’s website;

b) After the decision on revocation of the permit takes effect, the transport business unit must stop its cross-border transport of the vehicle of which permit is revoked; and must submit such vehicle’s Vietnam-Laos-Cambodia cross-border transport permit to the licensing agency within 15 working days.

Article 37. Extension of the duration of circulation in Vietnam for Laos’ and Cambodia’s vehicles

1. Subjects: The duration of circulation in Vietnam of Laos’ and Cambodia’s vehicles that exceeds the one specified in the cross-border transport permits may be extended in cases of force majeure and each extension shall not exceed 10 days.

2. Agencies competent to extend: Departments of Transport, Departments of Transport - Construction of provinces and centrally-run cities where vehicles encounter the force majeure.

3. Components of a dossier:

a) A written request for the extension, made according to Form No. 05 provided in Appendix VI to this Decree;

b) The Vietnam-Laos-Cambodia cross-border transport permit (the original copy).

4. Order and procedures:

a) The organization or individual shall submit in person 01 dossier to the extending agency in the locality where the vehicle encounters the force majeure;

b) Within 02 working days from the date of receiving a complete and valid dossier as prescribed, the competent agency shall extend the duration of circulation for Laos’ and Cambodia’s vehicles. The competent agency shall carry out the extension in writing or in the cross-border transport permit. In case of refusal, the competent agency shall reply in writing and clearly state the reason.

Article 38. Procedures for registration or suspension of, supplementation or replacement of vehicles used for, operation of Vietnam-Laos-Cambodia fixed passenger transport routes

1. Subjects of registration of operation of Vietnam-Laos-Cambodia fixed passenger transport routes:

Transport business units that satisfy all conditions under current regulations may register to operate Vietnam-Laos-Cambodia fixed passenger transport routes.

2. Components of a dossier for registration of operation of a Vietnam-Laos-Cambodia fixed passenger transport route:

a) A written request for registration of operation of Vietnam-Laos-Cambodia fixed passenger transport routes, made according to Form No. 06 provided in Appendix VI to this Decree;

b) A copy of the car registration certificate or a copy of the car registration certificate appointment slip issued by the registration-granting agency or a copy issued from the original record of the car registration certificate. In case the vehicle is not owned by the transport business unit, a copy of one of the following documents is also required: the written vehicle hire contract with an organization or individual or the service contract between a member and a cooperative or the business cooperation contract;

c) A plan for operation of Vietnam-Laos-Cambodia fixed passenger transport routes, made according to Form No. 07 provided in Appendix VI to this Decree;

d) The partnership contract between the Vietnamese transport business unit and its Laotian and/or Cambodian partner(s) (a certified true copy or a copy attached to the original for comparison).

3. The agency competent to manage routes: Departments of Transport, Departments of Transport - Construction of provinces and centrally-run cities.

4. Order and procedures:

a) The transport business unit shall submit 01 dossier to the competent agency: in person, online or by post. In case the dossier is directly submitted, the officer who receives the dossier shall update the information into the online public service system of the Directorate for Roads of Vietnam. In case the dossier needs to be amended or supplemented, the competent agency shall notify directly or in writing or via the online public service system to the transport business unit within 01 working day from the date of receiving the dossier;

b) Within 02 working days from the date of receiving a complete and valid dossier as prescribed, the competent agency shall issue the notice on operation of fixed passenger transport routes, made according to Form No. 08 provided in Appendix VI to this Decree and certify in the partnership contract of the transport business unit. In case of refusal, the competent agency shall notify in writing or via the online public service system, clearly stating the reason;

c) The notification of dossier processing results shall be carried out at the head office of the competent agency or by post or online in accordance with regulations.

5. The written notification of route operation shall expire in case the transport business unit fails to put the vehicle into operation within 60 days from the effective date of the notification.

6. Vietnam-Laos-Cambodia fixed passenger transport routes must start and end in the territory of Vietnam, at stations of types from 1 to 4 or type-5 stations located in the poor districts under the Government’s regulations.

7. Vehicles used for operation of Vietnam-Laos-Cambodia fixed passenger transport routes must have transport orders. Transport orders shall be granted for each going and return trip (in case the trip is performed in many days), or on a daily basis (in case of multiple trips in a day). Transport orders shall be printed by the transport business unit, made according to Form No. 09 provided in Appendix VI to this Decree and must be numbered by year for management.

8. Supplementation or replacement of vehicles used for operation of fixed passenger transport routes

a) Transport business units that are operating on the routes may supplement or replace their vehicles used for operation of routes;

b) Dossiers for registration of supplementation or replacement of vehicles shall comply with Clause 2 of this Article. The written requests shall be made according to Form No. 06 provided in Appendix VI to this Decree;

c) Order and procedures shall comply with Clause 4 of this Article.

9. Suspension of operation of Vietnam-Laos-Cambodia fixed passenger transport routes and suspension of vehicles’ operation thereon

a) The transport business unit that wishes to suspend its route operation or suspend its vehicles’ operation on the route must send a notice, made according to Form No. 10 provided in Appendix VI to this Decree to the competent agency, the bus station of the destination in Vietnam, and return the notice of route operation, national distinguishing symbol, cross-border transport permits of the vehicles of which the operation is suspended on the route to the competent agency;

The transport business unit may suspend its operation, suspend its vehicles’ operation on the transport route only after posting such notice at least 10 days at the bus station of the destination in Vietnam;

b) Within 2 working days after receiving the request, the competent agency shall issue a notice of route operation suspension, made according to Form No. 11 provided in Appendix VI to this Decree and publicly announce for other transport business units’ registration of operation.

10. Adjustment of service frequency on transport routes

a) At least 10 days before adjusting the service frequency on a route, the transport business unit must send a notice, made according to Form No. 12 provided in Appendix VI to this Decree to the competent agency and the bus station of the destination in Vietnam;

b) Within 2 working days after receiving the request, the competent agency shall issue a notice of service frequency on the transport route, made according to Form No. 13 provided in Appendix VI to this Decree.

 

Chapter VIII

ORGANIZATION OF IMPLEMENTATION

 

Article 39. The Ministry of Transport shall

1. Assume the prime responsibility for, and coordinate with related ministries, branches and localities in, organizing the implementation of this Decree.

2. Direct the Directorate for Roads of Vietnam to make cross-border road transport management software.

Article 40. Related ministries, ministerial-level agencies and People’s Committees of provinces and centrally-run cities

1. Related ministries, ministerial-level agencies and People’s Committees of provinces and centrally-run cities shall organize the implementation of this Decree within their functions and tasks.

2. People’s Committees of provinces and centrally-run cities shall direct their provincial-level specialized agencies to ensure inter-connection between the cross-border road transport management software and the online public service portal of the Directorate for Roads of Vietnam.

Article 41. Transport business units shall

Comply with this Decree and observe the inspection and examination during the implementation of this Decree and other relevant laws.

 

Chapter IX

IMPLEMENTATION PROVISIONS

 

Article 42. Effect

1. This Decree takes effect on February 15, 2022.

2.. International road transport permits and cross-border transport permits that have been granted before the effective date of this Decree shall continue to be used until the expiration date of such permits.

Article 43. Implementation responsibility

Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities, and related enterprises, organizations, individuals shall take responsibilities for the implementation of this Decree./.

 

* All Appendices are not translated herein.