Circular No. 10/2006/TT-BGTVT guiding the implementation of certain provisions of the Agreement and Protocol to implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia.

CIRCULAR

Guidelines for Implementing Certain Provisions of the Agreement and Protocol

to implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia

Implementation of the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed in Hanoi on June 1, 1998, and the Protocol to Implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed in Hanoi on October 10, 2005 (hereinafter referred to as the Protocol), the Ministry of Transport provides guidelines for certain provisions related to the organization and management of road transport activities of vehicles crossing the border between Vietnam and Cambodia as follows.

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To implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed in Hanoi on June 1, 1998, and the Protocol to Implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed in Hanoi on October 10, 2005 (hereinafter referred to as the Protocol), the Ministry of Transport guides certain Articles and Clauses related to the organization and management of road transport activities of vehicles crossing the border between Vietnam and Cambodia as follows.

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Scope of Application

a) This document applies to vehicles transporting passengers and goods for remuneration, including passenger cars and cargo trucks, including trailers or semi-trailers.

b) Vehicles engaged in non-commercial activities will be guided by another inter-ministerial circular.

2. Forms of Operation

a) Passenger transport vehicles operating on fixed routes are permitted to run from bus stations within the territory of Vietnam to bus stations within the territory of Cambodia and vice versa.

b) Passenger transport vehicles operating under contracts (including tourist transportation) and taxi services are permitted to run from departure points within the territory of Vietnam to destination points within the territory of Cambodia and vice versa.

c) Cargo transport vehicles are permitted to transport goods from pick-up points within the territory of Vietnam to delivery points within the territory of Cambodia and vice versa.

3. Responsibilities of Vehicle Owners

a) The vehicle owner or driver must pay fees and charges such as transit fees, bridge and road tolls, ferry fees, infrastructure and service usage fees, and administrative fees as prescribed by the competent authority of the host country.

b) The vehicle owner shall be responsible for their international transport operations, including the quality of transport services, delays, loss, and damage to checked baggage as stipulated in the Protocol and current laws.

c) When applying for a new international transport permit, the vehicle owner must report to the issuing authority on the operation of the vehicle during the period covered by the previous permit. Model No. 1 promulgated together with this Circular.

4. Vehicles

a) Registered with license plates and registration certificates in Vietnam or Cambodia.

b) Display national identification markers (referred to as national identification markers)

- The national identification marker for Vietnam is VN. National identification markers according to this Circular are issued and granted by the authority issuing the International Transport Permit. Form No. 2 - The national identification marker for Cambodia is KH. National identification markers are issued by the competent authority of Cambodia.

- National identification markers must be displayed separately from the registration plate at the rear of the vehicle. The method of display is in accordance with regulations applicable to the display of registration plates.

c) When operating on the territory of the host country, vehicles must comply with the laws and regulations of the host country.

d) When crossing border checkpoints, vehicles must comply with regulations concerning immigration, customs, and other authorities.

đ) For each trip from Vietnam to Cambodia or from Cambodia to Vietnam, the vehicle may remain in the host country for no more than 30 days from the date of entry and may be extended once for up to 10 days from the expiry date of exit. Extensions are handled by the Department of Transportation, Provincial Department of Transportation and Public Works where the vehicle is currently or must wait.

e) Vehicles must operate through designated border crossings and within the scope of activity specified in the International Transport Permit.

g) Valid documents for vehicles crossing the border that must be presented to authorized officials include:

- Stamps and Certificates of Safety Technical Inspection and Environmental Protection;

- Vehicle registration certificate;

International Transport Permit.

h) Border crossing documents if not printed in both Vietnamese and Khmer or Vietnamese and English by the competent authority must have an English translation certified by the competent authority.

i) Cargo transport vehicles and passenger transport vehicles (including tourist transport vehicles) of a Contracting Party are not allowed to simultaneously pick up and drop off passengers (including tourists) and load and unload goods on the territory of the other Contracting Party, except when permitted by the competent authority of the other Contracting Party.

5. Drivers, Service Personnel, and Passengers

a) For drivers crossing the border, valid and effective documents include:

- A valid driving license and its translation according to this Circular, issued by the competent authority.

- Passport or substitute passport and visa issued by the competent authority of the host country (if such passports require visas). Model No. 3 b) Service personnel and passengers must present valid passports and visas (if such passports require visas).

6. Border Crossing Points Implemented

1. Moc Bai (Tien Giang)

1. Bavet (Svay Rieng)

a) In addition to the documents specified in Point 4 of Part I, fixed route passenger transport vehicles must also have the following documents:

- Passenger list according to Form No. 4a

- Logbook and fixed route vehicle emblem as prescribed by the Ministry of Transport.

b) Quantity of free baggage allowance Each passenger is entitled to carry 20 kg of free baggage with reasonable dimensions. Excess baggage is charged at no more than 5% of the ticket price per kilogram. attached hereto;

2. For Contractual Passenger Transport (including tourist transport) and Taxi Services

a) In addition to the documents specified in Point 4 of Part I, contractual passenger transport vehicles

including tourist transport

must also have the following documents:

Form No. 4b (including tourist transportation) must have the following additional documents:

b) Quantity of free baggage allowance Form No. 4b accompanying this Circular (not applicable to taxis);

- License plate as prescribed by the Ministry of Transport.

b) Luggage: for passenger transport under contracts, free carry-on luggage will depend on the agreement between the carrier and the customer.

c) Taxis must have a "taxi" sign on top of the vehicle.

3. For cargo transportation

In addition to the documents stipulated at Point 4, Part I, the cargo transportation means must have a consignment note as prescribed at Model No. 5 promulgated together with this Circular.

III. INTERNATIONAL ROAD TRANSPORT LICENSE

1. Recipients of the license are enterprises meeting the conditions for operating road transport services with motor vehicles as prescribed by law and satisfying the conditions set out in Section 2, Part III.

2. Conditions for issuing the license:

a) An enterprise established in accordance with Vietnamese law

b) Reliability of the enterprise:

- The enterprise does not violate economic contract regulations and other Vietnamese laws;

- The enterprise has not been declared bankrupt or is currently in bankruptcy proceedings.

c) Professional qualifications: the person responsible for road transport business operations of the enterprise must hold a bachelor's degree in road transport.

3. Documents for issuing the license

a) Application for issuance of the license from the unit according to Model No. 6 promulgated together with this Circular.

b) Business Registration Certificate for road transport issued by the enterprise (certified copy or original copy for verification).

c) Proof of professional qualifications in the field of road transport of the person responsible for road transport business operations of the enterprise (certified copy or original copy for verification) accompanied by a labor contract with the enterprise (if any).

d) Financial statements of the enterprise for the three most recent consecutive years confirmed by local financial authorities or auditing units.

4. Licensing process

a) Vietnam Road Administration shall review the application and issue the license to the enterprise within seven working days from the date of receipt of complete and valid documents. In case of refusal to issue the license, the enterprise must be notified in writing with reasons for refusal.

b) Licensing fees shall be levied in accordance with the provisions of the Ministry of Finance.

5. Revocation and reissuance of the license

a) Revocation

If during the validity period of the license, the enterprise violates the licensing conditions as stated above, the licensing authority may revoke the license issued to the enterprise.

b) Reissuance

Upon expiration of the license or loss of the license, the enterprise shall prepare an application for issuance of a new license in accordance with the provisions mentioned above. The expired license must be returned to the licensing authority.

6. Validity of the International Road Transport License is five years.

7. Sample of the International Road Transport License standards d) Determine the average monthly business travel distance of the position Model No. 7 promulgated together with this Circular.

IV. THROUGH TRANSPORT LICENSE

1. Recipients of the license

Vehicles owned by Vietnamese enterprises shall be granted an international road transport license by competent Vietnamese authorities.

2. Conditions for vehicles eligible for licensing

a) Passenger transport vehicles operating fixed routes, passenger transport under contracts (including tourist transport): must have at least 10 seats (including the driver);

b) Taxi passenger transport vehicles: must have five seats (including the driver);

c) Cargo transport vehicles: trucks, trailers, or semi-trailers attached to trucks, tractor-trailers coupled with trailers or semi-trailers shall be considered as one vehicle.

d) Based on agreements with Cambodia regarding the number of licenses, the licensing authority shall select enterprises and vehicles based on criteria and conditions.

3. Documents for issuing the license

a) Declaration form for issuance of through transport license for cross-border transport between Vietnam and Cambodia according to Model No. 8 accompanying this Circular must be confirmed by the Department of Transport, Department of Transport Infrastructure where the enterprise registers its business;

b) International Road Transport License of the enterprise (copy);

c) Vehicle registration certificate (copy);

d) Technical safety inspection and environmental protection certification book still valid for at least 30 days (copy).

e) For passenger transport vehicles operating fixed routes, the enterprise must also provide the operational plan on the route.

4) Licensing process

a) Vietnam Road Administration shall review the application and issue the through transport license for each vehicle within seven working days from the date of receipt of complete and valid documents. In case of refusal to issue the license, the enterprise must be notified in writing with reasons.

For passenger transport vehicles operating fixed routes, the licensing authority shall issue a written approval for the enterprise to operate on the passenger transport route. The Department of Transport, Department of Transport Infrastructure shall direct bus stations to enter into contracts with the vehicles for pick-up and drop-off at the station based on the approval letter.

b) In cases where multiple vehicles meet the licensing conditions, Vietnam Road Administration shall prioritize passenger transport vehicles operating fixed routes and passenger transport vehicles under contracts, including tourist transport, while considering the submission time of applications to issue licenses to vehicles with earlier submitted applications.

c) Licensing fees shall be levied in accordance with the provisions of the Ministry of Finance.

5. Revocation and reissuance of the license

a) The licensing authority has the right to revoke the Through Transport Licenses of vehicles that do not comply with the regulations specified on the License or do not operate within three months from the date of issuance.

b) Upon expiration of the license, the enterprise shall prepare an application for issuance of a new license for the vehicle in accordance with the provisions mentioned above. The expired license must be returned to the licensing authority.

c) In cases where the enterprise registers a list of vehicles or adds additional vehicles to operate on fixed routes or requests reissuance of Through Transport Licenses for vehicles operating on routes due to the expiration of the old license, they shall follow Model No. 8 promulgated together with this Circular.

6. Validity of the Through Transport License is twelve months.

7. Sample of the Through Transport License

a) The Vietnam-Cambodia Through Transport License includes the Through Transport License Booklet and the license plate affixed to the transport vehicle.

b) The model of the Through Transport License Booklet is specified at Model No. 9a promulgated together with this Circular.

c) The model of the Through Transport License Plate is specified at Model No. 9b promulgated together with this Circular.

V. IMPLEMENTATION

1. Effective date

This Circular takes effect fifteen days after its publication in the Official Gazette.

2. Enforcement Responsibility

a) Vietnam Road Administration

- Organizes management and inspection of road transport activities between Vietnam and Cambodia.

- Chair and coordinate with relevant agencies to meet annually with the competent authority of Cambodia to unify issues related to the management of cross-border road transport activities between the two countries such as organization and form of operation, delivery routes, warehouses, number of vehicles crossing the border between the two countries...

- Issue Forms No. 2, 4, 7, and 9 attached to this Circular.

b) Departments of Transport Services and Departments of Transport Infrastructure of provinces and centrally governed cities shall cooperate with the Vietnam Highway Corporation to disseminate and implement this Circular to relevant agencies and enterprises under their jurisdiction.

c) The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, Heads of Departments under the Ministry, the Director of the Vietnam Highway Corporation, Directors of Departments of Transport Services and Departments of Transport Infrastructure, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular./.