Circular No. 05/2023/TT-BGTVT Amending and Supplementing Certain Articles of Related Circulars Pertaining to Road Transport, Road Transport Support Services, Vehicles, and Drivers

CIRCULAR

Amending and supplementing certain Articles of Circulars related to road transport, supporting road transport services, vehicles, and drivers
land transport vehicles and drivers
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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Investment Law dated June 17, 2020;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

Pursuant to Decree No. 47/2022/ND-CP dated 19 July 2022 of the Government amending and supplementing some articles of Decree No. 10/2020/ND-CP dated 17 January 2020 of the Government stipulating business and business conditions for road passenger transport by motor vehicles;

Pursuant to Decree No. 138/2016/NĐ-CP of October 8, 2018 of the Government amending and supplementing certain Articles of Decree No. 65/2016/NĐ-CP of July 1, 2016 of the Government on conditions for operating automobile driving training services and driving examination services;

The Minister of the Ministry of Transport promulgates this Circular amending and supplementing some articles of related Circulars concerning road transport, supporting road transport services, vehicles, and drivers.”

Circular No. 05/2024/TT-BGTVT amending and supplementing some articles of related Circulars concerning road transport, supporting road transport services, vehicles, and drivers, based on the following:

Pursuant to Decree No. 47/2022/NĐ-CP of July 19, 2022 of the Government amending and supplementing certain Articles of Decree No. 10/2020/NĐ-CP of January 17, 2020 of the Government on business and conditions for operating road passenger and cargo transport using motor vehicles;

Pursuant to Decree No. 65/2016/ND-CP dated 01 July 2016 of the Government stipulating business conditions for automobile driving training services and driving examination services; Decree No. 138/2018/ND-CP dated 08 October 2018 of the Government amending and supplementing some articles of Decree No. 65/2016/ND-CP dated 01 July 2016 of the Government stipulating business conditions for automobile driving training services and driving examination services; Decree No. 70/2022/ND-CP dated 27 September 2022 of the Government amending and supplementing some articles of Decrees relating to business activities in the road sector;

The Minister of Transport issues Circulars amending and supplementing certain provisions of related Circulars concerning road transport, road transport support services, vehicles, and drivers.

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" in Article 11 of Circular No. 29/2009/TT-BGTVT (amended and supplemented by Clause 5 of Article 1 of Circular No. 89/2014/TT-BGTVT).

Article 2. Amending and supplementing certain Articles of Circular No. 06/2011/TT-BGTVT of March 7, 2011 of the Minister of Transport on providing legal knowledge about road traffic for operators of special-purpose motorcycles participating in road traffic

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" in Article 12; Clause 5 of Article 13; Appendix 9; Appendix 10.

2. Replacing the phrase "Director of the General Department of Vietnam Roads" with the phrase "Director of the Department of Vietnam Roads" in Article 15.

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" at:

a) Article 18, Clause 2 of Article 22 of Circular No. 23/2012/TT-BGTVT;

b) Article 20 of Circular No. 23/2012/TT-BGTVT (amended and supplemented by Clause 8 of Article 1 of Circular No. 29/2020/TT-BGTVT).

2. Replacing the phrase "Director of the General Department of Vietnam Roads" with the phrase "Director of the Department of Vietnam Roads" in Article 22 of Circular No. 23/2012/TT-BGTVT.

Article 4. Amending and supplementing certain Articles of Circular No. 07/2013/TT-BGTVT of May 3, 2013 of the Minister of Transport on managing, operating, and exploiting the driver’s license information system

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" in Clause 1 of Article 4; the name of Article 5; Clause 3 of Article 5; Clause 6 of Article 6; Clause 2 of Article 7; Article 9; Clauses 3, 6, and 8 of Article 11; Clause 1 of Article 12; Clause 3 of Article 14; Article 17.

2. Replacing the phrase "Director of the General Department of Vietnam Roads" with the phrase "Director of the Department of Vietnam Roads" in Clause 1 of Article 19.

3. Replacing the phrase "Department of Vehicle Management and Drivers" with the phrase "Department of Transport Management, Vehicles, and Drivers" in Clause 1 of Article 4.

Article 5. Amending and supplementing some articles of Circular No. 35/2013/TT-BGTVT dated October 21, 2013 of the Minister of Transport on the arrangement of goods on motor vehicles when participating in road traffic

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Vietnam Road Administration" in Article 12.

2. Replacing the phrase "Director of the General Department of Vietnam Roads" with the phrase "Director of the Department of Vietnam Roads" in Article 15.

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" at:

a) Clause 1, Article 14; Clause 2, Article 15 of Circular No. 63/2013/TT-BGTVT;

b) Clause 2, Clause 3, Article 14; Appendix XI, Appendix XII, and Appendix XIII of Circular No. 63/2013/TT-BGTVT (amended and supplemented at point a, point b, Clause 5, Article 1; Appendices I, II, and III of Circular No. 20/2020/TT-BGTVT).

2. Replacing the phrase "Director General of the General Department of Vietnam Roads" with the phrase "Director of the Vietnam Road Administration" in Article 16 of Circular No. 63/2013/TT-BGTVT.

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" at:

a) Clause 1, Clause 2, and Clause 3, Article 21 of Circular No. 88/2014/TT-BGTVT;

b) Article 20; Appendix 21 of Circular No. 88/2014/TT-BGTVT (amended and supplemented at Clause 1, Article 1; Appendix 1 of Circular No. 36/2020/TT-BGTVT).

2. Replacing the phrase "Director General of the General Department of Vietnam Roads" with the phrase "Director of the Vietnam Road Administration" in Article 23 of Circular No. 88/2014/TT-BGTVT.

1. Replacing the phrase "Director General of the General Department of Vietnam Roads" with the phrase "Director of the Vietnam Road Administration" in Clause 2, Article 2 of Circular No. 89/2014/TT-BGTVT.

Article 9. Amending and supplementing some articles of Circular No. 09/2015/TT-BGTVT dated April 15, 2015 of the Minister of Transport on the provision, management, and use of data from vehicle tracking devices of motor vehicles (amended and supplemented by Circular No. 36/2020/TT-BGTVT dated December 24, 2020)

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" at:

a) Clause 2 and Clause 3, Article 3; Clause 3 and Clause 4, Article 4; Clause 1, Article 5; Clause 4, Article 6; Clause 1, Clause 2, Clause 3, and Clause 4, Article 7; Title, Clause 2, Clause 4, Clause 5, Clause 6, and Clause 9, Article 8; Clause 1, Clause 2, and Clause 3, Article 9; Clause 1, Clause 2, Clause 3, and Clause 6, Article 10; Clause 1, Clause 2, and Clause 3, Article 11; Clause 1, Clause 2, and Clause 3, Article 12; Clause 1, Article 14 of Circular No. 09/2015/TT-BGTVT;

b) Clause 13, Article 8; Clause 8, Article 9 of Circular No. 09/2015/TT-BGTVT (amended and supplemented at Clause 1 and Clause 2, Article 3 of Circular No. 36/2020/TT-BGTVT).

2. Replacing the phrase "Director General of the General Department of Vietnam Roads" with the phrase "Director of the Vietnam Road Administration" in Article 14 of Circular No. 09/2015/TT-BGTVT.

Article 10. Amend and supplement some articles of Circular No. 29/2015/TT-BGTVT dated July 6, 2015 of the Minister of Transport on the issuance and use of international driving permits (amended and supplemented by Circular No. 01/2021/TT-BGTVT dated January 27, 2021).

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" at:

a) Clause 1 Article 7; point a and point e clause 1, name clause 2 Article 9; Article 13; Appendix III and Appendix IV of Circular No. 29/2015/TT-BGTVT;

b) Article 8 of Circular No. 29/2015/TT-BGTVT (amended at clause 1 and clause 2 Article 1 of Circular No. 01/2021/TT-BGTVT).

2. Replace the phrase "Director General of Vietnam Highway Administration" with the phrase "Director of Vietnam Highway Department" in clause 1 Article 13 of Circular No. 29/2015/TT-BGTVT.

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" at:

a) Article 21; clause 1, clause 3 Article 22 of Circular No. 39/2015/TT-BGTVT;

b) Point b clause 2 Article 22 of Circular No. 39/2015/TT-BGTVT (amended and supplemented at clause 5 Article 1 of Circular No. 47/2019/TT-BGTVT);

c) Article 21; Appendix 21 of Circular No. 39/2015/TT-BGTVT (amended and supplemented at clause 1 Article 2; Appendix 1 of Circular No. 36/2020/TT-BGTVT).

2. Replace the phrase "Director General of Vietnam Highway Administration" with the phrase "Director of Vietnam Highway Department" in Article 24 of Circular No. 39/2015/TT-BGTVT.

Article 12. Amend and supplement some articles of Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on training, examination, and issuing motor vehicle driver's licenses (amended and supplemented by Circular No. 38/2019/TT-BGTVT dated October 8, 2019; Circular No. 01/2021/TT-BGTVT dated January 27, 2021; Circular No. 04/2022/TT-BGTVT dated April 26, 2022).

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" at:

a) Point c clause 15 Article 5; name Article 10; clause 1 Article 18; clause 1, clause 2, clause 3, clause 4 Article 19; clause 5 Article 21; point c clause 1, point b and point đ clause 2 and clause 3 Article 22; clause 1, point b clause 2 Article 23; clause 1, clause 2 Article 24; clause 1, point a and point b clause 2, point b clause 6 and clause 7 Article 26; clause 1 Article 29; name Article 30; point đ clause 5, point b clause 6 and clause 9 Article 30; clause 2, clause 5 and clause 8 Article 31; clause 2 Article 32; clause 1, point b clause 2 and clause 3 Article 34; point d clause 2 Article 36; paragraph beginning Article 39; paragraph beginning clause 1 and paragraph beginning clause 2 Article 40; paragraph beginning clause 1 Article 41; clause 1 Article 46; Appendix 3a, Appendix 11a, Appendix 13, Appendix 14, Appendix 18a, Appendix 18b, Appendix 20, Appendix 21 of Circular No. 12/2017/TT-BGTVT;

b) Clause 4 Article 11; clause 8 Article 18; point a clause 2 Article 23; clause 3 Article 27; clause 4 Article 30 of Circular No. 12/2017/TT-BGTVT (amended and supplemented at clause 8; point b clause 12; clause 16, point b clause 18 Article 1 of Circular No. 38/2019/TT-BGTVT);

c) Clause 7 Article 18; clause 4 Article 35; point a and point c clause 8 Article 37; clause 2 Article 38; clause 3 Article 40; paragraph beginning clause 1 and paragraph beginning clause 2 Article 45; Appendix number 26 of Circular No. 12/2017/TT-BGTVT dated April 15, 2017 (amended and supplemented at clause 4; clause 5; point b clause 6; clause 7; clause 10; clause 11 Article 2; Appendix number VI of Circular No. 01/2021/TT-BGTVT);

d) Clause 12 Article 3; clause 17 Article 5; clause 9 and clause 10 Article 10; clause 8, clause 9 and clause 10 Article 11; Article 48; Appendix number 30 of Circular No. 12/2017/TT-BGTVT (amended and supplemented at point b clause 1; point đ clause 3; point a, point b clause 5; point a, point b, point c clause 6 Article 1; clause 2 Article 2; Appendix number III of Circular No. 04/2022/TT-BGTVT).

2. Replace the phrase "Director General of Vietnam Highway Administration" with the phrase "Director of Vietnam Highway Department" at:

a) Point d clause 3 Article 24; clause 8 Article 30; clause 2 Article 35; Article 48; Appendix 12a and Appendix 16a of Circular No. 12/2017/TT-BGTVT;

b) Appendix 27 of Circular No. 12/2017/TT-BGTVT (amended and supplemented at Appendix VII of Circular No. 01/2021/TT-BGTVT).

3. Replace the phrase "TCĐBVN" with the phrase "CĐBVN" at Appendix 18a and Appendix 18b of Circular No. 12/2017/TT-BGTVT.

4. Replace the phrase "Department of Vehicle Management and Driver" with the phrase "Department of Transport Management, Vehicles and Drivers" at clause 1 Article 29 of Circular No. 12/2017/TT-BGTVT.

Article 13. Amending and supplementing some articles of Circular No. 48/2017/TT-BGTVT dated December 13, 2017 of the Minister of Transport on the system of statistical indicators and reporting regulations for the transport industry

1. Replacing the phrase "Director General of the Vietnam Highway Administration" with the phrase "Director of the Vietnam Road Administration" in Article 4 of Circular No. 48/2017/TT-BGTVT.

2. Replacing the phrase "Vietnam Highway Administration" with the phrase "Vietnam Road Administration" at points b, c, and e Clause 4 Part I; points 1, 4, and 5 Clause II Section B System of Statistical Indicators and Reporting Regulations for the Transport Industry issued together with Circular No. 48/2017/TT-BGTVT.

3. Replacing the phrase "Vietnam Highway Administration" with the phrase "Vietnam Road Administration" and replacing the abbreviation "TC ĐBVN" with the abbreviation "CĐBVN" at Section A; Table 01-N, Table 02-N, Table 11-T, Table 20-DT, Table 33-N, Table 36-N, Table 42-5N, and Table 43-5N at Clause II Section C Part II System of Statistical Indicators and Reporting Regulations for the Transport Industry issued together with Circular No. 48/2017/TT-BGTVT.

Article 14. Amending and supplementing some articles of Circular No. 22/2019/TT-BGTVT dated June 12, 2019 of the Minister of Transport on registration of specialized motor vehicles

1. Replacing the phrase "Vietnam Highway Administration" with the phrase "Vietnam Road Administration" in Article 20; Clause 4 and Clause 6 Article 21; Form No. 15 of Appendix 1.

2. Replacing the phrase "Director General of the Vietnam Highway Administration" with the phrase "Director of the Vietnam Road Administration" in Article 24.

Article 15. Amending and supplementing some articles of Circular No. 38/2019/TT-BGTVT dated October 8, 2019 of the Minister of Transport amending and supplementing some articles of Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on training, examination, and issuance of driving licenses for road motor vehicles

1. Replacing the phrase "Director General of the Vietnam Highway Administration" with the phrase "Director of the Vietnam Road Administration" in Clause 2 Article 2.

1. Replacing the phrase "Director General of the Vietnam Highway Administration" with the phrase "Director of the Vietnam Road Administration" in Article 4.

1. Replacing the phrase "General Department of Vietnam Roads" with the phrase "Department of Vietnam Roads" at:

a) Clause 2 Article 6; Clause 1, Clause 4, and Clause 5 Article 9; Clause 2 and Clause 4 Article 10; name of Article, Clause 3, Clause 4, and Clause 7 Article 11; Clause 1 and Clause 2 Article 12; Clause 2 and Clause 3 Article 13; Clause 2, Clause 3, and Clause 6 Article 14; Clause 3, Clause 4, Clause 5, and Clause 6 Article 22; Clause 4 Article 38; Clause 1, Clause 2, and Clause 3 Article 50; Clause 2, Clause 3, and Clause 4 Article 51; Clause 2, Clause 3, Clause 4, and Clause 5 Article 52; Clause 1, Clause 2, Clause 3, and Clause 4 Article 53; Clause 1 and Clause 2 Article 54; Clause 3 Article 56; name of Article, Clause 7 Article 62; Clause 3, Clause 7, and Clause 9 Article 63; Appendix 21 of Circular No. 12/2020/TT-BGTVT;

b) Article 64 of Circular No. 12/2020/TT-BGTVT (amended and supplemented by Article 8 of Circular No. 36/2020/TT-BGTVT);

c) Point b Clause 1 Article 8 of Circular No. 12/2020/TT-BGTVT (amended and supplemented by Clause 1 Article 1 of Circular No. 02/2021/TT-BGTVT).

1. Replace the phrase "Director General of the Vietnam Highway Administration" with the phrase "Director of the Vietnam Highway Corporation" in Article 3.

Article 19. Amend and supplement some articles of Circular No. 36/2020/TT-BGTVT dated December 24, 2020 of the Minister of Transport amending and supplementing some articles of Circulars stipulating the periodic reporting system in the road sector.

1. Replace the phrase "Director General of the Vietnam Highway Administration" with the phrase "Director of the Vietnam Highway Corporation" in Article 10.

Article 20. Amend and supplement some articles of Circular No. 01/2021/TT-BGTVT dated January 27, 2021 of the Minister of Transport amending and supplementing some articles of Circular No. 29/2015/TT-BGTVT dated July 6, 2015 of the Minister of Transport stipulating the issuance and use of international driving permits and Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport stipulating training, examination, and issuance of motor vehicle driver’s licenses for road traffic.

1. Replace the phrase "Director General of the Vietnam Highway Administration" with the phrase "Director of the Vietnam Highway Corporation" in Article 3.

1. Replace the phrase "Director General of the Vietnam Highway Administration" with the phrase "Director of the Vietnam Highway Corporation" in Article 3.

Article 22. Amend and supplement some articles of Circular No. 04/2022/TT-BGTVT dated April 26, 2022 of the Minister of Transport amending and supplementing some articles of Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport stipulating training, examination, and issuance of motor vehicle driver’s licenses for road traffic.

1. Replace the phrase "Director General of the Vietnam Highway Administration" with the phrase "Director of the Vietnam Highway Corporation" in Article 3.

1. Replace the phrase "Director General of the Vietnam Highway Administration" with the phrase "Director of the Vietnam Highway Corporation" in Article 6.

Article 24. Implementation Provisions

1. This Circular takes effect from June 15, 2023.

2. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, Heads of Departments, Directors of the Vietnam Highway Corporation, Directors of Provincial Departments of Transport, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular./.