Thông tư 89/2014/TT-BGTVT

CIRCULAR

ON AMENDMENTS TO CIRCULAR No. 29/2009/TT-BGTVT DATED NOVEMBER 17, 2009 BY THE MINISTRY OF TRANSPORT PROVIDING GUIDANCE ON THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE AGREEMENT ON THE FACILITATION OF CROSS-BORDER TRANSPORT OF GOODS AND PEOPLE IN GREATER MEKONG SUBREGION

Pursuant to the Agreement on the facilitation of cross-border transport of goods and people in Greater Mekong Subregion (GMS Agreement) signed on November 11, 1999 in Vientiane, amended on April 30, 2004 in Phnom Penh, Cambodia and the Annexes, Protocols of the Agreement;

Pursuant to Decree No. 107/2012/NĐ-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 Head of the Department of international cooperation and the General Director of the Directorate for Roads of Vietnam,

The Minister of Transport promulgates this Circular providing amendments to Circular No. 29/2009/TT-BGTVT dated November 17, 2009 by the Ministry of Transport providing guidance on the implementation of a number of articles of the Agreement on the facilitation of cross-border transport of goods and people in Greater Mekong Subregion.

Article 1. Amendments to Circular No. 29/2009/TT-BGTVT dated November 17, 2009

1. Clause 4 of Article 4 is amended as follows:

“4. Vehicles of the member states of the GMS Cross-border Transport Agreement may stay within the territory of Vietnam for up to 30 days from the date such vehicles enter Vietnam. If a vehicle fails to leave Vietnam at the time regulated, the enterprise/cooperative using such vehicle shall make a request for the extension of the GMS Road Transport Permit. Permits will be extended if the expiration is due to a force majeure event or legitimate reasons.

2. Point d clause 1 of Article 6 is amended as follows:

d) Qualifications: A person who is in charge of the transport management of an enterprise/cooperative must have at least an associate degree in transport or a college degree in economics or other technical disciplines. Such person must have at least 3 constant years working at a transport company or has held a manager position in a transport company for at least 03 years (regarding enterprise/cooperative not compelled to have licenses for automobile transportation).”

3. Clause 2 and 3 of Article 6 are amended as follows:

“2. The application shall include:

a) An application form for the GMS international road transport license according to the form in Annex 1 enclosed with this Circular;

b) A certified true copy or a copy enclosed with the original of the business license in automobile transportation (with regard to enterprise/cooperative compelled to have licenses for automobile transportation) or Certificate of Business registration of the business of automobile transportation (with regard to enterprise/cooperative not compelled to have licenses for automobile transportation);

c) A certified true copy or a copy enclosed with the original of the diplomas, certificates of the person who is directly in charge of the transport operation of the enterprise/cooperative (with regard to enterprises/cooperatives not compelled to have business license of automobile transportation);

d) The financial statements of the enterprise/cooperative in the latest 3 years, certified by a local financial agency or an auditing firm.

3. The licensing authority and the licensing procedure:

a) The licensing authority: The Directorate for Roads of Vietnam.

b) The licensing procedures:

Enterprises/cooperatives shall submit an application to the Directorate for Roads of Vietnam. The licensing authority receives and examines the documents. With regard to the application submitted directly, if the documents are not satisfactory, the licensing authority shall promptly notify the enterprise/cooperative within the day to request the supplement. With regard to the application sent by post or other methods, if the documents are not satisfactory, within 2 working days from the day on which the application is received, the licensing authority shall send a written request for completion of the application to the applicant.

Within 02 working days from the day on which the satisfactory application is received, the licensing authority shall issue the license to the applicant. If the application is rejected, the licensing authority shall send the applicant a written response containing the explanation.

c) Enterprises/cooperatives shall pay for the licensing fees specified by the Ministry of Finance.”

4. Article 7 is amended as follows:

“1. Conditions applied to licensed vehicles

The vehicles under the legal ownership of enterprises/cooperatives that have been issued with the License for GMS international road transport shall be issued with the GMS Road Transport Permit for transport of goods and passengers.

2. 2. The application shall include:

a) An application form for GMS Road Transport Permit for vehicles as prescribed in Annex 2 enclosed with this Circular;

b) A certified true copy or a copy enclosed with the original of the GMS international road transport license;

c) A certified true copy or a copy enclosed with the original of the transport registration and the transport leasing contract with organizations/individuals leasing finance or property, the leasing contract between the cooperative and it members, regarding the automobiles not under the ownership of the transportation operation units;

d) A certified true copy or a copy enclosed with the original of the Certificate of technical safety and environmental safety;

dd) A certified true copy or a copy enclosed with the original of the Certificate of civil liability insurance for motor vehicles to the third party.

3. Licensing agencies and licensing procedure

a) Licensing agencies:

The Services of Transport of the provinces where the checkpoints that apply GMS Agreement are located are entitled to issue permits for vehicles of local enterprises/cooperatives.

Enterprises/cooperatives of the provinces that do not have any checkpoint applying GMS Agreement may submit the applications to the Directorate for Roads of Vietnam or the Service of Transport of any province having checkpoint specified in GMS Agreement.

b) Licensing procedures

Enterprises/cooperatives shall submit 01 application to a licensing authority. The licensing authority receives, examines the application. With regard to the application submitted directly, if the documents are not satisfactory, licensing authority shall promptly notify the applicant to request the supplement. With regard to the application submitted by post or other methods, if the documents are not satisfactory, within 02 working days from the day on which the application is received, the licensing authority shall make a written response to the applicant containing a request for completion of the application.

Within 02 working days from the day on which the satisfactory application is received, the licensing authority shall issue the permit. If the application is rejected, the licensing authority shall send the applicant a written response containing the explanation.

c) Enterprises/cooperatives shall pay the fees for the issuance according to the regulation of the Ministry of Finance.

4. The revocation and reissuance of GMS Road Transport Permit

a) The licensing authority is entitled to revoke the license of the enterprise/cooperative that fails to implement the regulation written on the license or commits the violations against the regulation on transport operation management;

b) When the GMS Road Transport Permit expires or gets lost, enterprises/cooperatives shall make an application for reissuance as prescribed in clause 2 of this Article (if the permit is lost, reasons for the loss must be included in the application). The expired permit must be enclosed with the application for reissuance and returned to the licensing authority.

5. The GMS Road Transport Permit is valid within 01 year from the day on which it is issued.

6. The form of the permit and the transport book:

a) The form of the GMS Road Transport Permit is presented in Annex 3 enclosed herewith;

b) The form of the transport book for the vehicle is presented in Annex 4 enclosed herewith.

7. The extension of GMS Road Transport Permit and the duration of vehicles of the member states of the GMS Agreement in Vietnam

a) Subjects to be extended: vehicles of the member states of the GMS Agreement that have the permit expired or exceed the allowable time to be in Vietnam and have legitimate reason.

b) Entitlement to grant the extension: the Services of Transport of provinces;

c) The application shall include: GMS Road Transport Permit (the original), transport book of the vehicles (the original); the vehicles registration (certified true copy or the copy enclosed with the original for comparison); the application form for extension as presented in Annex 5 enclosed herewith;

d) Processing of the application

Organization/individual shall submit directly 01 application to the Services of Transport of the province where the vehicle is determined to have the permit expired or to exceed the allowable time to be in Vietnam.

Within 01 working day from the day on which the satisfactory application is received, Service of Transport shall grant the extension for GMS Road Transport Permit to the vehicle of the member states of the GMS Agreement. The extension is presented in the Extension section in transport book of the vehicle. If the extension is rejected, there must be a written response containing the explanation within the day the application is received.”

5. Article 11 is amended as follows:

“1. Directorate for Roads of Vietnam is responsible for:

a) Building up software to manage the conformity of the transport operation to the GMS Agreement;

b) Organizing the management, providing guidance and conducting an inspection for the conformity of the transport operation to GMS Agreement;

c) Printing and publishing the distinguishing sign of Vietnam, list of passengers, GMS Road Transport Permit according to the form enclosed herewith.

2. Services of Transport of provinces shall notify this Circular to relevant local organizations/individuals and monitor the implementation of it.

3. Services of Transport of provinces having checkpoints that apply GMS Agreement shall issue GMS Road Transport Permit to the vehicles of local enterprises/cooperatives and other enterprises/cooperatives getting through the checkpoint of their provinces basing on vehicle quota in the transport management software for the operation that apply GMS Agreement.”

6. Annexes 1, 2, 3, 4 enclosed herewith replace respectively the Annexes 5, 6, 7, 8 of Circular No. 29/2009/TT-BGTVT dated November 17, 2009 by the Minister of Transport.

7. Annex 5 is additionally enclosed herewith.

Article 2. Effect and implementation

1. This Circular takes effect on December 03, 2015

2. The Chief of the Ministry Office, the Chief Inspector, the Director of Department, General Director of Directorate for Roads of Vietnam, Director of the Services of Transport of provinces, Heads of organizations and individual who are relevant to the regulations in this Circular are responsible for the implementation.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Transport for consideration and resolution./.