Thông báo 21/2013/TB-LPQT của Bộ Ngoại giao về hiệu lực của Bản ghi nhớ giữa Chính phủ các ước Cộng hòa xã hội chủ nghĩa Việt Nam, Cộng hòa dân chủ nhân dân Lào và Vương quốc Cam-pu-chia về Vận tải đường bộ

THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

Thực hiện quy định của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông báo:

Bản ghi nhớ giữa Chính phủ các nước Cộng hòa xã hội chủ nghĩa Việt Nam, Cộng hòa dân chủ nhân dân Lào và Vương quốc Cam-pu-chia về Vận tải đường bộ, ký tại Champasak ngày 17 tháng 01 năm 2013, có hiệu lực đối với Việt Nam và các Bên ký kết kể từ ngày 17 tháng 4 năm 2013.

Bộ Ngoại giao trân trọng gửi Bản sao Bản ghi nhớ theo quy định tại Điều 68 của Luật nêu trên./.

MEMORANDUM OF UNDERSTANDING

BETWEEN AND AMONG THE GOVERNMENTS OF THE SOCIALIST REPUBLIC OF VIET NAM,

 THE KINGDOM OF CAMBODIA, AND THE LAO PEOPLE’S DEMOCRATIC REPUBLIC

 ON ROAD TRANSPORT

The Governments of the Socialist Republic of Viet Nam (SR Viet Nam), the Kingdom of Cambodia and the Lao People's Democratic Republic (Lao PDR), hereinafter singularly referred to as Contracting Party and collectively as the “Contracting Parties”:

Recognizing the close neighborliness, friendship and solidarity between and among the Governments and People of the Kingdom of Cambodia, the Lao PDR, and the SR Viet Nam, with their strong wills to cooperate in the socio-economic development for mutual benefit, stability, prosperity, and peace;

Referring to Phnom Penh Declaration on Deepening the Cooperation in the Cambodia - Laos - Viet Nam Development Triangle Area signed on 16 November 2010, in Phnom Penh, Cambodia;

Referring to the Memorandum of Understanding among the Royal Government of Cambodia, the Government of the Lao People’s Democratic Republic, the Government of the Socialist Republic of Viet Nam towards the Formulation of Special Preferential Policies for the Development Triangle Area of Cambodia-Laos-Viet Nam signed on 26 November 2008, in Vientiane, Lao PDR and the Amendment thereof;

Referring to the Agreement Between and Among the Governments of the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Kingdom of Thailand, and the Socialist Republic of Viet Nam for the Facilitation of Cross-Border Transport of Goods and People (GMS-Cross Border Transport Facilitation Agreement “GMS CBTA”) originally signed at Vientiane by the Lao PDR, the Kingdom of Thailand and the Socialist Republic of Viet Nam on 26 November

Referring to Protocol 4 “Technical Requirements of Vehicles”, Protocol 5 “ASEAN Scheme for Third Party Motor Vehicle Liability Insurance”, and Protocol 8 “Sanitary and Phytosanitary Measures” of the ASEAN Framework Agreement on the Facilitation of Goods in Transit on 16 December 1998;

Referring to the Agreement between the Royal Government of Cambodia and the Government of the Socialist Republic of Viet Nam on Road Transport on 1 June 1998;

Referring to the Agreement between the Royal Government of Cambodia and the Government of the Lao People’s Democratic Republic on Road Transport on 21 October 1999;

Referring to the Agreement between the Governments of the Lao People’s Democratic Republic and the Socialist Republic of Viet Nam on Facilitation for Cross Border Motor Vehicle on 23 April 2009;

Desiring to facilitate the movement of goods and people between and among the Contracting Parties for their common interests;

Have agreed as follows:

Article 1: Purpose

This Memorandum of Understanding between and among the Governments of the Kingdom of Cambodia, the Lao Peoples’ Democratic Republic, and the Socialist Republic of Viet Nam on Road Transport, hereinafter referred to as "MoU”, aims at facilitating cross border transport of goods and people by commercial and non-commercial motor vehicles of the Contracting Parties between and among their territories.

Article 2: Scope of Application

1) This MoU shall apply to cross border transport by road of goods and people, including commercial, non-commercial and licensed transport operators engaged in cross border transport operation within and among the Contracting Parties.

2) Unless expressly otherwise specified in this MoU, the provisions set out in the GMS CBTA and its Protocols and Annexes, Protocols 4, 5 and 8 of the ASEAN Framework Agreement on the Facilitation of Goods in Transit, and bilateral agreements of the Contracting Parties shall be applied to cross border transport by road of goods and people for the cross border transport operation between and among the Contracting Parties.

3) Cross border transport shall include transit transport and interstate transport.

Article 3: Cabotage

1) Cabotage is prohibited unless a permit from the competent authority of the respective Contracting Party is obtained.

2) The prohibition of cabotage provided for in Paragraph 1 of this Article shall not prevent any cross border transport vehicles of either Contracting Party from:

a. loading goods or embarking passengers consecutively at several places of departure/bus stations within the territory of a Contracting Party for the purpose of carrying them to the territory of the other Contracting Party;

b. unloading goods or disembarking passengers consecutively at several places of destination/bus stations within the territory of a Contracting Party after having taken on board the vehicles these goods or passengers within the territory of the other Contracting Party.

Article 4: Use of Language

All relevant documents for cross-border transport as specified in the Attachment I to this MoU shall be in:

(i) Native language and English;

(ii) Native language accompanied by the English certified translation.

Article 5: Grant of Traffic Rights, Designated Transit Routes/Border Crossing Points

1) The Contracting Parties shall, without discrimination in any fact            or form of, grant to each other the rights for transit transport of goods into/from the territory of the Contracting Parties through their designated transit routes and international border crossing points as stipulated in the Attachment II to this MoU.

2) The Contracting Parties shall, without discrimination in any fact            or form of, grant to each other the rights for interstate transport of goods and people in the territory of the Contracting Parties through all of their international border crossing points as stipulated in the Attachment II to this MoU.

3) The Attachment II to this MoU may be updated from time to time with the consent of the Contracting Parties.

4) Non-commercial vehicles shall be ambulance, fire fighting, diplomatic, government and international organization missions, transport for own account excluding private owned.

5) Unless expressly otherwise specified in paragraphs 1 and 2 in Article 6 of this MoU, the cross border transport vehicle which is used for the performance of cross border transport of people shall be non-scheduled and comply with the following conditions:

a. The vehicle shall not be ambulance, fire fighting, diplomatic, government and international organization missions, transport for own account and any non-commercial vehicles,

b. The vehicle shall carry a list of passengers with minimum particulars such as name, sex, nationality, passport no/any other international travel documents in lieu of passports,

c. The vehicle carrying passengers as specified in sub-paragraph (b) of this Article shall leave from the places of departure in the territory of a Contracting Party to the places of destination in the territory of the other Contracting Party. On its proceeding to another Contracting Party or return, it may carry the same passengers who were named in the list.

6) Each Contracting Party shall, according to its laws and regulations without discrimination in any fact or form of, facilitate licensed transport operators of the other Contracting Parties, engaged in the cross border transport operations, to establish their branch offices in the territory of that Contracting Party, in order to fulfill their related business, among others, in respect to:

a. the entry to and exit from, and operation;

b. the access to the destination for loading/unloading of goods, and for embarkation/disembarkation of passengers/peoples/tourists;

c. the stay of drivers and crew members;

d. the use of parking areas/bus stations, and other related facilities and services;

e. the collection of transport fee/charges;

f. the purchasing of required insurance policy or documents;

g. the marketing/advertisement or other needs with the intent to attract their clients or to enhance their business opportunity; and

h. the concluding and undertaking of any contract of carriage by road.

Article 6: Scheduled Passenger Transport

1) Scheduled passenger transport shall be performed if a tripartite partner agreement/contract is concluded.

2) Partner agreement/contract may include, among others, as follows:

a. Fixed routes;

b. Bus terminals/road site stations;

c. Fixed schedule:

d. Number of vehicles/seats;

e. Transport fees.

3) Partner agreement/contract shall be approved by the competent authorities of the Contracting Parties.

Article 7: Quota

1) The quota of commercial motor vehicles of each Contracting Party for cross border transport, except scheduled passenger vehicles, shall be 150.

2) The increase in quota of commercial motor vehicles for cross border transport between and among the Contracting Parties shall be agreed upon from time to time in the basis of economic needs and mutual interests.

3) The agreed increase in quota of commercial motor vehicles specified in Paragraph 2 of this Article may be determined in the Addendum signed by all Contracting Parties to the MoU.

Article 8: Facilitation of Frontier Crossing Formalities

The Contracting Parties shall coordinate the operating hours, streamline, simplify and harmonize procedures and documents, and provide facilities, equipment and personnel required for modern border management at their international border crossing points, in order to facilitate the movement of goods and people between and among the Contracting Parties.

Article 9: Requirements for Cross Border Transport Documents

1) The motor vehicle in cross border transport shall carry on board the cross border transport documents as specified in Part I of the Attachment I to this MoU.

2) Drivers and people/passengers in cross border transport traffic shall hold appropriate documents as specified in Part II of the Attachment I to this MoU.

3) CLV Cross Border Transport Permit under this MoU shall be valid for one registered motor vehicle only. The forms of the CLV Cross Border Transport Permit shall be in Attachment III to this MoU.

4) The motor vehicle in cross border transport shall display its distinguishing nationality signs, and the CLV-CBT Board in the front deck of the vehicle, provided by the competent authority which issued the CLV Cross Border Transport Permit to that vehicle.

5) The Motor Vehicle Admission Document and the Transit and Inland Customs Clearance Documents as specified in Annex 8 and 6 of the GMS-CBTA for the commercial vehicles and non-commercial vehicles as specified in paragraph 4 of Article 5 of this MoU, in the absence of functions of all Issuing/Guaranteeing Organizations of the Contracting Parties, shall not be required.

6) Each Contracting Party shall recognize all cross border transport documents as specified in the Attachment I to this MoU.

Article 10: Institutional Arrangements

The National Transport Facilitation Committee (NTFC) / National Transit Transport Coordinating Committee (NTTCC) shall ensure an effective implementation of this MoU and be responsible as follows:

1) Coordinate with all respective/relevant competent authorities for its implementation.

2) Carry out all necessary actions to ensure the smooth and orderly implementation.

3) Assist and advice their respective competent authorities at the border crossing points in the performance of their duties.

4) Monitor and follow up the implementation.

5) Ensure exchange of information between and among the Contracting Parties.

6) Conduct a trilateral meeting annually and on a rotation basis, and any informal meetings as they deemed necessary, where the NTFC/NTTCC respective officials are involved.

Article 11: Dispute Settlements

Any dispute between or among two or more Contracting Parties on the interpretation or application of this MoU shall be settled directly or by amicable negotiation in the Joint Cambodia-Laos-Viet Nam NTFC/NTTCC.

Article 12: Entry into Force

This MoU shall be effective 90 (ninety) days from the date of signature.

Article 13: Amendment

This MoU may be addended or amended upon a written request made by any of the Contracting Parties. Within 30 (thirty) days from the date of receipt of such request, competent authority of Contracting Parties shall meet to negotiate such addendum or amendment.

Article 14: Relationship with Other Agreements

This MoU shall not affect the rights and obligations of the Contracting Parties under any existing agreements or international conventions to which they are Parties.

Article 15: Duration and Termination

1) This MoU shall remain in force unless it is requested by any Contracting Party for termination by means of a notification addressed to the other Contracting Parties.

2) The termination shall be effective 6 (six) months after the notification.

In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed the MoU.

Done at Champasak on 17 January 2013, in three original copies in the English language