Thông tư 63/2013/TT-BGTVT

CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF THE 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

Pursuant to the 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 signed on January 17, 2013 in Champasak, Lao;

Pursuant to the Decree No. 107/2012/ND-CP dated December 20, 2012 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of the Director of Vietnam Road Administration and the Director of Department of International Cooperation;

The Minister of Transport hereby promulgates the Circular guiding the implementation of a number of articles of the 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,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the implementation of a number of articles of the 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 serving the organization and management of road transport between and among Cambodia, Laos and Viet Nam.

Article 2. Regulated entities

This Circular applies to organizations and individuals relevant to the cross border transport by road of human and goods between and among Cambodia, Laos and Viet Nam.

Article 3. Interpretation of terms

In this Circular, these terms bellow and be construed as follows:

1. “Commercial vehicle" means motor vehicles used for transporting goods and passenger, including automobiles, tractor, trailer truck, semi-trailer truck and heavy-duty vehicles running on road for which there are the certificates of registration of vehicles and the license numbers issued by competent authorities of the Socialist Republic of Vietnam.

2. “Non-commercial vehicle” means automobiles of organizations or individuals in possession of the certificates of registration of vehicle and license numbers issued by competent authorities of the Socialist Republic of Vietnam licensing the cross-border transport between and among Cambodia - Laos - Viet Nam not for business. To be specific:

a) Automobiles of Vietnamese or foreign agencies, organizations, enterprises, cooperatives going on business, sightseeing and travel;

b) Automobiles with a capacity of 09 (nine) seats and pick-up trucks used for personal purposes;

c) Fire truck, ambulance, tow truck, vehicles used in humanitarian missions;

d) Automobile, tractor, trailer truck or semi-trailer truck and heavy-duty vehicles of transport enterprises and cooperatives serving their construction projects or business operation in Cambodia or Lao.

3. Transit: is the transport of passengers and goods across the border of a Contracting party, the departure and the end of the trip are outside the territory of such Contracting party.

4. Interstate transport: is the transport of passengers and goods across the border of at least two Contracting parties, the departure and the end of the trip are not in the territory of the same Contracting party.

5. “Transport business operators involving automobiles” include enterprise, cooperatives, business households which are licensed to operate transport business involving automobiles according to regulations.

Chapter 2.

REGULATIONS FOR VEHICLES

Article 4. Time and scope of operation of the vehicles

1. In each trip, a vehicle is allowed to stay in the territory of a Contracting party for not exceeding 30 (thirty) days from the date of entry. Such time limit, with an acceptable reason, may be extended 01 (one) time by not exceeding 10 (ten) days.

2. Scope of operation:

a) Interstate vehicles are allowed to run across the borders through pairs of checkpoints specified in Annex I of this Circular;

b) Transit vehicles are allowed to run across the borders through pairs of checkpoints and transit routes specified in Annex II of this Circular.

3. Vehicles are not allowed to transport goods or passengers between 2 points in the territory of a Contracting body.

Article 5. Regulations for vehicles

Any vehicle crossing the border shall carry valid documents specified in Annex III of this Circular; such documents must be presented to competent authorities on their request.

If such documents are not bilingual in Vietnamese and English, their English translation provided by the issuer thereof or certified by a legal notary public.

Article 6. National distinguishing sign for vehicles

The National distinguishing sign of Cambodia is “KH"; the National distinguishing sign of Laos is “LAO”; the National distinguishing sign of Vietnam is “VN”. The National distinguishing sign shall be issued together with the transport permit by the issuing body. Vietnamese vehicles shall carry the National distinguishing sign to the upper right of the front door (from the inside view of the vehicle) and a noticeable place at the back of the vehicle.

The sample of the National distinguishing sign of Vietnam is specified in Annex IV of this Circular.

Chapter 3.

CAMBODIA - LAOS - VIETNAM CROSS BORDER TRANSPORT PERMIT

Article 7. Cambodia - Laos - Vietnam cross border transport permit

1. The Cambodia - Laos - Vietnam cross border transport permit (hereinafter referred to as the CLV cross border transport permit) which is issued to a commercial vehicle shall be valid for 01 (one) year for unlimited trips. The vehicle must be within the legal right to enjoyment of unit operating transport business involving automobiles.

2. The CLV cross border transport permit issued to a non-commercial vehicle shall be valid for 60 (sixty) days as from the date of issue.

Particularly, vehicles for state-owned vehicles or vehicles within the possession of diplomatic, government and international organization missions, vehicles of enterprises, cooperatives operating transport business to serve the operation of their own construction projects or business in the territory of Laos and/or Cambodia shall be issued with permit according to the time and purpose of the trip whose time limit shall not exceed 01 (one) year.

3. The sample of the CLV cross border transport permit is provided in Annex V of this Circular.

Article 8. Application for the CLV cross border transport permit

1. Regarding commercial vehicles, an application shall consist of:

a) An application form for the CLV cross border transport permit for commercial vehicle using the form provided in Annex VI of this Circular;

b) The permit for operating transport business involving automobiles or the Certificate of Business registration applicable to operator of transport business involving automobiles which are not subject to obtaining the permit for operating transport business involving automobiles (the certified true copy or the duplicate enclosed with the original for comparison);

c) The certificate of vehicle registration (the certified true copy or the duplicate enclosed with the original for comparison);

d) Written approval for operation on route (applicable to vehicles involved in fixed-route passenger transport business);

dd) If the vehicle is not within the ownership of the transport business operator, documents proving the lawful right to enjoyment of such operator towards such vehicle are required (the certified true copy or the duplicate enclosed with the original for comparison).

2. Regarding non-commercial vehicles, an application shall comprise:

a) An application form for the CLV cross border transport permit for non-commercial vehicle using the form provided in Annex VII of this Circular;

b) The certificate of vehicle registration (the certified true copy or the duplicate enclosed with the original for comparison). If the vehicle is not within the ownership of the organization/individual, documents proving the lawful right to enjoyment of such organization/individual towards such vehicle are required (the certified true copy or the duplicate enclosed with the original for comparison);

c) Regarding enterprises/cooperatives conducting construction projects or operating business in the territory of Laos or Cambodia, the contracts or documents proving that they are in course of conduct of the construction projects or business in the territory of Laos/Cambodia (the certified true copies).

Article 9. Procedures for issuance of the CLV cross border transport permit

1. Receipt and processing of applications:

a) The applicant shall submit 01 (one) set of application to the issuing body. The issuing body shall receive and check the application; if the application needs amendment or modification, the issuing body shall notify the application within the date of submission (applicable to applications with are submitted directly) or send a written notification specifying necessary supplement contents to the applicant not later than 02 (two) working days from the day on which the application is received (applicable to submission by post).

b) Within 03 (three) working days from the day on which the satisfactory application is received, if the application is rejected, the issuing body shall send a written response containing explanation;

c) The receipt of the applications shall be conducted at the office of the issuing body or via the postal system.

2. Charges for the issuance of the permit shall comply with regulations of the Ministry of Finance.

Article 10. Issuers of CLV cross border transport permits

1. Vietnam Road Administration shall issue the permit for the following vehicles:

a) Commercial vehicles which are contractual passenger transport vehicles, vehicles for transporting tourists, vehicles for transporting goods;

b) Non-commercial vehicles which are: automobiles belongs to agencies affiliated to the Communist Party of Vietnam, the National Assembly, the Government, Offices of Ministries, ministerial-level agencies, agencies affiliated to Ministries, vehicles of diplomatic, government and international organization missions in Vietnam have its seat in Ha Noi.

2. Local Services of Transport shall issue the permit for fixed-route passenger transport vehicles, non-commercial vehicles of organizations/individuals located in local areas, excluding entities specified in point b clause 1 of this Article.

2. Local Services of Transport of provinces where checkpoints with Laos/Cambodia are located as specified in Annex I and Annex II of this Circular shall issue the permits to entities specified in clause 2 of this Article as well as non-commercial vehicles of organizations/individuals passing the checkpoints located in their local area.

Article 11. Revocation and reissuance of the CLV cross border transport permit

1. Any issuing body shall have the power to revoke a permit it issued if the vehicle fail to comply with the regulations written on the Permit or the vehicle is not put into operation within 03 (three) months from the date of issue.

2. Past the time limit of the Permit or in case the Permit is damaged or lost, the permit holder shall send an application for reissuance of the permit according to regulations in Article 8 and Article 9 of this Circular. Old and damaged permits shall be returned to the issuing bodies; for lost permits, reports and undertaking regarding the loss of the permits shall be made.

Article 12. Extension of the CLV cross border transport permit and time limit for operating in Vietnam for vehicles of Laos and Cambodia

1. Subject of extension: vehicles of Laos/Cambodia suffering force majeure events (disasters, traffic accidents or cases where the vehicles are broken down and cannot be repaired in Vietnam), the permits shall be extended 01 (one) time by not exceeding 10 (ten) days from the expiry date.

2. The application for extension shall comprise:

a) The application form for extension using the form provided in Annex VIII of this Circular;

b) The CLV Cross Border Transport Permit;

c) The certificate of vehicle registration.

3. Receipt and processing of applications:

a) The applicant shall submit 01 (one) set of application directly to the Service of Transport;

b) If the application needs modification, the issuing body shall notify directly the organization/individual within the date of receipt of the application, specifying the unconformable contents;

c) Within 01 (one) working day from the day on which the satisfactory application is received, the Service of Transport shall grant the extension for the CLV cross border transport permit; if the application is rejected a written response containing explanation shall be issued.

4. Power to grant extension: Services of Transport of provinces and central-affiliated cities where the problems with the vehicles arise.

Article 13. Registration for cross border transport on fixed passenger transport routes between and among Vietnam - Laos - Cambodia

1. An application for registration shall comprise:

a) An application form for cross border transport on fixed passenger transport routes between and among Vietnam - Laos - Cambodia using the form in Annex IX of this Circular;

b) The certificate of vehicle registration running on the routes (the certified true copy or the duplicate enclosed with the original for comparison);

c) A plan on cross border transport on fixed passenger transport routes between and among Vietnam - Laos - Cambodia according to regulations in Annex X of this Circular;

d) A contract between the enterprise/cooperative and organizations/individuals of Laos and/or Cambodia (a certified true copy or a duplicate enclosed with the original for comparison).

2. Procedures for granting approval for transport on routes:

a) The applicant shall submit 01 (one) set of application directly or by post to the licensing body. The licensing body shall receive and check the application; if the application needs amendment or modification, the licensing body shall notify the application within the date of submission (applicable to applications with are submitted directly) or send a written notification specifying contents subject to modification to the applicant not later than 02 (two) working days from the day on which the application is received (applicable to application submitted by post);

b) Within 03 (three) working days from the day on which the satisfactory application is received, the licensing body shall issue a written approval for the registration of the enterprise/cooperative and sign the verification on the contract; if the application is rejected, the licensing body shall issue a written response containing explanation;

c) The receipt of the applications shall be conducted at the office of the licensing body or via the postal system;

d) The approval for the registration shall be effective from the day on which it is signed and shall have the valid time according to the valid time of the license for operating transport business involving automobiles. If the transport business operator fails to perform the transport on the registered route within 60 (sixty) days from the day on which the approval is issued, the approval shall be annulled.

3. Agencies granting approval for operation on registered routes: the Service of Transport where the terminals of the fixed passenger transport route serving cross border transport between and among Vietnam - Laos - Cambodia shall receive the application and consider granting approval for the transport on the route for cross border transport operators.

Chapter 4.

IMPLEMENTARY CLAUSE

Article 14. Organization of implementation

1. Regarding the Vietnam Road Administration

a) Manage and guide the operation of vehicles crossing road borders between and among Cambodia- Laos - Vietnam;

b) Preside over and cooperate with relevant agencies in the inspection and handling of commercial and non-commercial vehicles of Cambodia, Laos and Vietnam operating crossing the borders between and among the three countries;

c) Hold annual assembly with the Department of Transport of Laos and the General Department of Transport of Cambodia to discuss issues related to road transport between the three countries;

d) Carry out the printing and publication of the Board of distinguishing sign of Vietnam, the CLV cross border transport permit.

2. Regarding Services of Transport of provinces and central-affiliated cities

a) Disseminate and conduct the implementation of this Circular;

b) Annually report to the Vietnam Road Administration the organization and management of cross border transport between and among Cambodia - Laos - Vietnam for supervision and report to the Ministry of Transport.

Article 15. Effect

1. This Circular comes into effect from February 20, 2014.

2. Difficulties that arise during the implementation of this Circular should be reported to the Vietnam Road Administration for guidance and solution. If the issue is ultra vires, the Vietnam Road Administration shall report it to the Ministry of Transport for instruction.

Article 16. Responsibilities

The Chief of the Ministry Office, the Chief Inspector of the Ministry Office, the Director of Vietnam Road Administration, Directors of Services of Transport of provinces and central-affiliated cities and relevant agencies, organizations and individuals shall be responsible for implementing this Circular./.

ANNEX I

BORDER CROSSING POINTS FOR CROSS-BORDER TRANSPORT
(Enclosed with Circular No. 63/2013/TT-BGTVT dated December 31, 2013 by the Minister of Transport)

ANNEX II

BORDER CROSSING POINTS AND TRANSIT ROUTES FOR TRANSIT TRANSPORT
(Enclosed with Circular No. 63/2013/TT-BGTVT dated December 31, 2013 by the Minister of Transport)

A. Cambodia

B. Laos

C. Viet Nam

ANNEX III

CROSS BORDER TRANSPORT DOCUMENTS
(Enclosed with Circular No. 63/2013/TT-BGTVT dated December 31, 2013 by the Minister of Transport)

Part I. Cross Border Transport Vehicles

The following documents shall be carried during the time the vehicle is in the territory of the Contracting parties:

A. For non-scheduled passenger vehicles:

1. Road motor vehicle registration certificate.

2. The Certificate of vehicle technical safety and environmental protection inspection.

3. CLV Cross Border Transport Permit.

4. List of passengers (using the form specified in Part IIIa of this Annex).

5. Compulsory Third Party Motor Vehicle Liability Insurance Certificate.

6. Documents on motor vehicle temporary admission.

7. Customs Declaration for Entry, Exit of Vehicles through the Border Checkpoint.

B. For fixed-route passenger vehicles:

1. Road motor vehicle registration certificate.

2. The Certificate of vehicle technical safety and environmental protection inspection.

3. CLV Cross Border Transport Permit.

4. List of passengers (using the form specified in Part IIIb of this Annex).

5. Compulsory Third Party Motor Vehicle Liability Insurance Certificate.

6. Documents on motor vehicle temporary admission.

7. Customs Declaration for Entry, Exit of Vehicles through the Border Checkpoint.

C. For motor vehicles transporting goods:

1. Road motor vehicle registration certificate.

2. The Certificate of vehicle technical safety and environmental protection inspection.

3. CLV Cross Border Transport Permit.

4. Consignment Note/Customs documents for goods.

5. Compulsory Third Party Motor Vehicle Liability Insurance Certificate.

6. Transit and Inland Customs Clearance Document in case of transit.

7. Documents on vehicle temporary admission.

8. Customs Declaration for Entry, Exit of Vehicles through the Border Checkpoint.

D. For non-commercial motor vehicles:

1. Road motor vehicle registration certificate.

2. The Certificate of vehicle technical safety and environmental protection inspection.

3. CLV Cross Border Transport Permit.

4. Compulsory Third Party Motor Vehicle Liability Insurance Certificate.

5. Customs Declaration for Entry, Exit of Vehicles through the Border Checkpoint.

Part II. Drivers and peoples/passengers

The following documents shall be carried during the time the vehicle is in the territory of the Contracting parties:

1. Any driver, who is driving the motor vehicle in cross border transport traffic, shall hold a valid driving license issued by the competent authority of the Contracting Party.

2. People/passengers on board the motor vehicle in cross border transport traffic, including its drivers, shall hold passports or international travel documents in lieu of passports.