Quyết định 23/2018/QĐ-UBND HCM Hạn chế ô tô chở hàng, ô tô tải lưu thông trong nội thành

THE PEOPLE S COMMITTEE OF HO CHI MINH CITY 

Decision No. 23/2018/QD-UBND dated July 19, 2018 of the People s Committee of Ho Chi Minh City on the restriction of cargo vehicles and trucks and grant of license for operation thereof in an urban area of Ho Chi Minh City

Pursuant to the Law on Organization of Local government authorities dated June 19, 2015;

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

Pursuant to Resolution No.16/2008/NQ-CP dated July 31, 2008 of the Government on gradual reduction of traffic congestion in Hanoi and Ho Chi Minh City;

Pursuant to Circular No.21/2010/TT-BGTVT dated August 10, 2010 of the Minister of Transport on guidelines for implementation of Decree No.95/2009/ND-CP dated October 30 of the Government;

Pursuant to Circular No.46/2015/TT-BGTVT dated September 07, 2015 of the Minister of Transport on load capacities and dimensional, operation of overload vehicles, overdimension vehicles and tracked vehicles on public roads, transport of oversize/overweight load, limits on amount of goods loaded onto road vehicles running on public roads;

Pursuant to Circular No.06/2016/TT-BGTVT dated April 08, 2016 of the Minister of Transport on national technical regulations on road signs;

At the request of the Department of Transport which is provided in report No.6981/TTr-SGTVT dated December 29, 2017 and Official Dispatch No.6559/SGTVT-KT dated May 31, 2018 and according to assessment of the Department of Justice provided in Official Dispatch No.19772/STP-VB dated December 13, 2017,

HEREBY DECIDES:

Article 1.Regulations on restriction of cargo vehicles and trucks and grant of license for operation thereof in an urban area of Ho Chi Minh City are issued together with this Decision.

Article 2.This Decision takes effect on August 01, 2018 and the following documents will be annulled: Decision No.121/2007/QD-UBND dated September 19, 2017, Decision No.66/2011/QD-UBND dated October 22, 2011, Decision No.68/2011/QD-UBND dated November 02, 2011, Decision No.85/2011/QD-UBND dated December 22, 2011 of the city People s Committee and documents issued previously against this Decision.

Article 3.Chief Office of the city People’s Committee, Standing Committee for Transport Safety of the city, Directors of the Department of Transport, Ho Chi Minh City Police Department and relevant departments, Chairpersons of People s Committees of provinces and districts and relevant organizations and individuals shall take responsibility to implement this Decision./.

For the People’s Committee

For the Chairperson

The Deputy Chairperson

Tran Vinh Tuyen 

REGULATIONS

ON RESTRICTION OF CARGO VEHICLES AND TRUCKS AND GRANT OF LICENSE FOR OPERATION THEREOF IN URBAN AREA OF HO CHI MINH CITY
(Issued together with Decision No.23/2018/QD-UBND dated July 19, 2019 of the People s Committee of Ho Chi Minh City)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Decision deals with limit time for operation of cargo vehicles and trucks within the urban area of Ho Chi Minh City, the procedure and authority for grant of license to operation and responsibilities of organizations and individuals involved in the management of traffic organization and those on roads within the city.

2. The vehicles not regulated by this document include motor vehicles used for military, police, firefighting, or by transport inspectors on duties, pickup trucks, hearses and vans having at least 5 seats or load capacity of less than 500 kg.

Article 2. Definition

For the purpose of this Regulation, the terms below shall be construed as follows:

1.“Cargo vehicle” refers to any motor vehicle used for cargo transport or dedicated device with load capacity smaller than 1,500kg (except for pickup trucks).

2.“Truck” refers to any motor vehicle used for cargo transport or any dedicated device with load capacity of at least 1,500kg.

3.“Pickup truck” refers to any motor vehicle having the cargo area attached to the cabin with load capacity of smaller than 1,500kg and has up to 5 seats.

4.“Experimental vehicle” (motorized 4-wheel cargo vehicle: refers to any road vehicle run by engine consisting of 2 axises and 4 wheels whose engine and cargo area are placed on the same chassis equivalent to trucks weighing under 3,500kg)Vehicles run by gas engine having maximum engine capacity of 15kW, maximum design speed at 60 km/h and maximum weight of 550 kg.

5. “Tractor” refers to any self-propelled machine running on tracks or wheels and used for the following tasks: digging, shoveling, lifting, ironing, ripping and pulling.

6.“Semi-trailer truck” refers to a motor vehicle used for cargo transport which consists of a tractor unit and a semi-trailer (the tractor unit bears a significant weight of the cargo and the tractor unit itself is not designed for transport of cargo or passengers).

7."Tractor unit" refers to a vehicle designed or primarily used for hauling a trailer.

8."Trailer” refers to any vehicle which is structured in such a way that its weight is not carried by the tractor unit.

9."Light truck" means a motor vehicle with load capacity of less than 1,500 kg (except for pickup trucks) or truck with load capacity of from 1,500 kg to 2,500 kg and experimental vehicles.

10.‘Heavy truck” means a truck with load capacity of over 2,500 kg, a tractor unit, heavy duty vehicle, trailers or semi-trailer hauled by another motor vehicle.

11."Postal service” refers to a service for receiving, delivering and distributing information in the form of handwritten or typed text associated with or without a receiving address (excluding period publications, books, newspapers and magazines) from a sender to a receiver by post in multi-forms except for electric methods.

12.“Load capacity" refers to load capacity of a vehicle specified in its certificate of technical inspection and environmental protection.

Article 3. Restricted vehicles and restriction hours

1. Light trucks are not allowed to go to enter the urban area of Ho Chi Minh City from 6:00 to 9:00 and 16:00 to 20:00 every day.

2. Heavy trucks are not allowed to enter the urban area of Ho Chi Minh City from 6:00 to 22:00 every day (except for corridor routes specified in Article 5 herein).

Article 4. Urban area of Ho Chi Minh City

1. Urban area of Chi Minh City is defined by the following roads:

a) In the North and West: National Highway 1 (from intersection of National Highway 1 and Hanoi Highway to intersection of National Highway 1 and Nguyen Van Linh Street)

b) In the East: Hanoi Highway (from intersection of National Highway 1 and Hanoi Highway to Cat Lai road junction) – Mai Chi Tho Street – Dong Van Cong Street (to Vo Chi Cong Street)

c) In the South: Vo Chi Cong Street (from Dong Van Cong Street to Phu My bridge) - Phu My bridge – flyover (from Phu My bridge to the road junction of Section A-Southern Saigon) – Nguyen Van Linh Street (from road junction of Section A to National Highway 1)

2. Light and heavy trucks are allowed to use the aforesaid routes regardless of time.

Article 5. Traffic organization

1. Heavy trucks are allowed to run on corridor routes and roads within the period of time specified in Appendix 1 issued thereto.

2. The Department of Transport shall take charge and cooperate with the Standing Committee for Transport Safety and the city public security force in considering whether to adjust or amend and publish an annual list of roads or routes allowed for operation of heavy trucks.

Chapter II

VEHICLES LICENSED FOR OPERATION WITHIN URBAN AREA OF HO CHI MINH CITY

Article 6. Vehicles eligible to apply for operation during restriction hours

1. Trucks used for repair of power works of power transmission and supply enterprises.

2. Trucks used for repair of post or telecommunication-related works and repair of communication works of public service providers. Trucks used for transport of letters, newspapers, mailers or parcels. Bookmobiles.

3. Trucks used for maintenance of public lighting and traffic lights, road infrastructure repair, water supply and drainage, care of parks of public service providers.

4. Dedicated vehicles used for transport of cash and jewels of the state bank or state treasury.

5. Light trucks owned by enterprises providing post-delivery service which are granted a license for provision of delivery service or postal service by the Department of Information and Communications or Ministry of Information and Communications.

6. Light trucks owned by enterprises transporting goods for import or export such as fresh food, fresh flowers or seeds.

7. Light trucks used for transport of oxygen and vaccines provided for hospitals or medical centers.

8. Light trucks owned by enterprises transporting meals for employees or fresh food such as meat and seafood provided for social centers, schools, hospitals, supermarkets and industrial zones.

9. Trucks transporting of equipment and devices serving public holidays, festivals or art performance in the city. Vehicles serving lion dance delegation during Lunar New Year.

10. Rescue vehicles owned by enterprises performing traffic rescue which is specified in the certificate of technical safety and environmental protection for road vehicles.

11. Light trucks owned by enterprises transporting fresh food which participate in the market stabilization program according to the plan prepared by the city People s Committee.

12. Heavy trucks used for transport of clean water for domestic use.

Article 7. Vehicles eligible to apply for operation in the city from 9:00 to 16:00 and 20:00 to 22:00

1. Heavy trucks used for transport of supplies and equipment for construction of several key infrastructure facilities of the city during the day (due to techniques or special construction methods).

2. Heavy trucks used for transport of hazardous waste which are specified in Decision No.85/2007/QD-UBND dated June 14, 2007 of the city People’s Committees as requested by the Department of Resources and Environment and vehicles used for collection and transport of sludge of septic tanks and dredged sludge according to Decision No.73/2007/QD-UBND dated May 10, 2007 of the city People s Committee.

3. Heavy trucks used for garbage transport as requested by the Department of Resources and Environment.

4. Dedicated vehicles used for transport of gas and oil for operation of the airport.

Article 8. Other cases

1. Overload vehicles, over dimension vehicles, vehicles for transport of oversize/overweight load entering restricted roads or operating during restriction hours within urban area of Ho Chi Minh City.

2. Motor vehicles entering restricted roads, stopping or parking on restricted roads without affecting the city traffic safety.

3. Vehicles not specified in Article 6 and 7 and Clause 1 and 2 Article 8 herein.

Chapter III

AUTHORITY AND PROCEDURE FOR GRANT OF LICENSE FOR VEHICLE OPERATION WITHIN URBAN AREA OF THE CITY

Article 9. The authority to grant the license

1. The Department of Transport shall grant the license for vehicle operation within urban area of the city to vehicles specified in Article 6 and 7 and Clause 1 and 2 Article 8 herein.

2. The Department of Transport shall grant the license for vehicle operation within urban area of the city to vehicles specified in Clause 3 Article 8 herein and the licensed time shall not exceed 10 days. The Department of Transport shall send a written proposal to the city People s Committee for consideration before granting the license if the licensed time exceeds 10 days.

Article 10. Responsibilities of the licensing authority

1. Receive applications for a license under regulations herein and provide favorable conditions for the applicant.

2. Grant the license according to the license specimen and identification plate to vehicles licensed for the purpose of facilitating inspection and supervision.

3. Provide guidelines and check the application receiving and route and time for operation to grant the license and identification plate to the vehicle as regulated with the aim of efficiently preventing and controlling traffic congestion and protecting life and properties of people on the road.

Article 11. Procedures for granting the license

1. As for vehicles specified in Article 6 and 7 and Clause 2 and 3 Article 8 herein, the application for a license includes:

a) An application form for a license for operation within urban area of the city according to the specimen provided in Appendix 2 issued thereto.

b) Vehicle registration certificate (a copy and original for comparison purpose or a true certified copy).

c) Documents about the cargo transported (a copy and original for comparison purpose or a true certified copy) such as contracts, sale invoices or customs declaration or equivalent documents which describe the cargo transported, its weight or volume, departure and arrival point for the purpose of selecting appropriate type and quantity of vehicles.

2. As for vehicles specified in Clause 1 Article 8 herein, the application for a license includes:

a) An application form for a license for operation of overload vehicles, over dimension vehicles, vehicles for transport of oversize/overweight load operated on roads or in time prohibited from such operation within urban area of the city according to the specimen provided in Appendix 3 issued thereto.

b) A true certified copy or a copy and an original of the vehicle registration certificate or temporary registration for newly received vehicles.

c) A true certified copy or a copy and original of the certificate of technical safety and environmental protection for road vehicles and a copy of technical features for recently received vehicles (provided by the vehicle manufacturer)

d) A transport plan in case of road survey including the following contents: information on transport route, vehicle information, goods information certified by the goods owner including parameters of length, width and height, weight and photos (if any), transport contracts or document designating the transport company provided by the goods owner or entity hired for goods transport.

e) Documents about the cargo transported (a copy and original for comparison purpose or a true certified copy) such as contracts, sale invoices or custom declaration or equivalent documents which describe the cargo transported, its weight or volume and departure and arrival point for the purpose of selecting appropriate type and quantity of vehicles.

3. The procedure for granting a license:

a) The applicant shall send an application for a license to the Department of Transport.

b) The Department of Transport shall consider the application and carry out field inspection (if any) and decide whether to grant a license to the applicant or reject the application and provide an explanation within 2 working days from the day on which the satisfactory application is received.

As for cases requiring opinions from the city People s Committee as prescribed in Clause 3 Article 8 herein, time for granting the license must be extended for up to 3 working days.

4. Duration of the license:

a) The license is valid from the day on which it is issued.

b) As for vehicles specified in Article 6 and 7 herein: The duration of the license will be granted at the request of the applicant but must not exceed 6 months and the duration of the economy contracts as well as the technical safety and environmental protection inspection cycle of the vehicle.

b) As for vehicles specified in Article 8 herein: The duration of the license will be granted at the request of the applicant but must not exceeds 3 months and the duration of the economy contracts as well as the technical safety and environmental protection inspection cycle of the vehicle.

Article 12. Management of vehicles and licenses

1. Organizations and individuals shall install the device for route monitoring and transmit data collected from such device in a continuous and stable manner to the Department of Transport for the purpose of management of vehicles operated within an urban area of the city as licensed.

2. The Department of Transport may refuse to grant the license. Handling of administrative violations shall comply with current regulations on administrative violation handling.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 13. Responsibilities of relevant agencies

1. The Director of the Department of Transport shall take charge of the provision of guidelines for the implementation of this Decision to ensure traffic safety in the city.

2. The city police, Inspectors of the Department of Transport and People s Committees of districts, as authorized, shall check the compliance with the license and handle violations as regulated and monthly send a consolidated list of vehicles with violations to the Department of Transport for consideration and handling.

3. The Department of Information and Communications shall cooperate with the Department of Transport, city police, press agencies and relevant agencies in providing dissemination of implementation of this Decision.

4. Should any question or difficulty arise during implementation, the Department of Transport shall take responsibility to take charge and cooperate with other departments and relevant agencies in sending proposals to the city People s Committee for consideration and approval./.

* All Appendices are not translated herein.