Decree No. 152/2013/ND-CP on the management of motor vehicles brought into Vietnam by foreigners for tourism purposes

DECREE

Regulations on managing motor vehicles brought into Vietnam by foreigners for tourism purposes

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

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 Tourism Law on June 14, 2005;

Pursuant to the Enterprise Law dated November 29, 2005;

At the proposal of the Minister of Transport;

The Government promulgates the Decree stipulating regulations on managing motor vehicles brought into Vietnam by foreigners for tourism purposes,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the procedures for foreign motor vehicles registered abroad, operated by foreigners (hereinafter referred to as foreign motor vehicles), entering Vietnam to participate in traffic with the purpose of tourism; responsibilities of related organizations and individuals.

Article 2. Applicability

1. This Decree applies to Vietnamese organizations and individuals, and foreign organizations and individuals related to foreign motor vehicles entering Vietnam to participate in traffic with the purpose of tourism.

2. Domestic and foreign organizations and individuals related to foreign motor vehicles entering Vietnam to participate in traffic with the purpose of tourism must comply with the provisions of this Decree and other relevant legal documents. In cases where international treaties to which the Socialist Republic of Vietnam is a member have different provisions, such provisions shall be applied.

Chapter II

REGULATIONS ON FOREIGN MOTOR VEHICLES ENTERING VIETNAM TO PARTICIPATE IN TRAFFIC

Article 3. Conditions for foreign motor vehicles to enter Vietnam to participate in traffic

1. Must go through a Vietnamese international travel agency to handle the application for approval and organize implementation. The maximum time allowed to participate in traffic in Vietnam is 30 days. In case of force majeure (natural disasters, traffic accidents, vehicle damage that cannot be repaired in Vietnam), the vehicle may stay in Vietnam for an additional period not exceeding 10 days.

2. Approval document from the Ministry of Transport.

3. Conditions for the vehicle;

a) Passenger cars with left-hand drive up to 9 seats and motorcycles;

b) Belonging to the ownership of foreign organizations or individuals, registered abroad and bearing foreign license plates;

c) Valid Vehicle Registration Certificate issued by the competent authority of the country where the vehicle is registered;

d) Valid Safety Technical Inspection and Environmental Protection Certificate for motor vehicles issued by the competent authority of the country where the vehicle is registered (for passenger cars).

4. Conditions for the driver of the vehicle:

a) Foreign citizen;

b) Holding a passport or substitute document valid for at least six months from the date of entry and must have a visa (except in cases exempted from visa requirements) corresponding to the duration of temporary residence in Vietnam;

c) Possessing a driving license suitable for the type of vehicle being driven.

Article 4. Procedures and formalities for approving foreign motor vehicles to enter Vietnam to participate in traffic

1. A Vietnamese international travel agency sends to the Ministry of Transport one set of documents, including the following papers:

a) A letter requesting approval to organize the entry of foreign motor vehicles for tourists to participate in traffic in Vietnam. It clearly states the number of vehicles, the number of people, the date and border gate of entry, the date and border gate of exit, the route of travel within the tour program;

b) Copies of the documents specified in Point c, Point d Clause 3 and Point b, Point c Clause 4 of Article 3 of this Decree;

c) List of vehicle drivers; List of vehicles, license plate numbers, paint color, chassis numbers, engine numbers (The international travel agency signs, stamps, and takes responsibility for the accuracy of the information provided);

d) Copy of the International Travel Agency Business License issued by the Ministry of Culture, Sports and Tourism.

2. Within five working days from the date of receipt of complete and valid documents as stipulated in Clause 1 of this Article, the Ministry of Transport issues an approval document for foreign motor vehicles to participate in traffic in Vietnam. The approval document is sent to the Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Border Guard Command, and the People's Committees of provinces and centrally-administered cities related for coordination in management. If disapproval, a reply document must be issued within five working days, stating the reasons.

3. The approval document of the Ministry of Transport must specify the entry and exit border gates, the number of people, the number of motor vehicles, chassis numbers, engine numbers, paint color, license plate numbers, names of vehicle drivers, the scope of routes and the time period for participating in traffic in Vietnam.

4. For cases of force majeure as stipulated in Clause 1 of Article 3 of this Decree, after receiving the report from the travel agency, the Ministry of Transport will issue a notification to the Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Border Guard Command for coordination in management.

Article 5. Regulations on foreign motor vehicle drivers and foreign motor vehicles participating in traffic in Vietnam

1. There must be a lead vehicle to guide foreign motor vehicles during their participation in traffic in Vietnam. The lead vehicle is an automobile or motorcycle (if tourists bring motorcycles), arranged by international travel enterprises in Vietnam and must display the logo or flag with the symbol of that enterprise.

2. They must participate in traffic within the specified route and time period for circulation on Vietnamese territory as stipulated in the approval document of the Ministry of Transport.

3. When driving a motor vehicle to participate in traffic, the driver must comply with the provisions of Vietnamese laws on road traffic and must carry the following documents:

a) Passport or other travel documents valid for at least six months from the date of entry;

b) A driving license appropriate to the type of vehicle being driven;

c) Certificate of technical safety inspection and environmental protection for motor vehicles (for automobiles);

đ) Certificate of compulsory civil liability insurance for motor vehicle owners valid in Vietnam;

e) Customs declaration form for temporary import and re-export of road transport vehicles.

e) Temporary import documentation for the vehicle.

Article 6. Handling of violations by foreign motor vehicle drivers

Foreign motor vehicle drivers who violate Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party shall be subject to handling according to the regulations.

Chapter III

RESPONSIBILITIES OF RELATED AUTHORITIES AND INTERNATIONAL TOURISM ENTERPRISES

Article 7. Responsibilities of the Ministry of Transport

1. Guide relevant organizations and individuals in bringing foreign motor vehicles into participation in traffic in Vietnam as prescribed.

2. Organize the approval of foreign motor vehicles entering participation in traffic in Vietnam.

3. Coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Culture, Sports and Tourism in organizing and managing the activities of foreign motor vehicles participating in traffic in Vietnam.

4. Coordinate with People's Committees of provinces and centrally governed cities in implementing management, monitoring, and inspection of foreign motor vehicles participating in traffic in Vietnam.

5. In certain special cases to ensure traffic order, safety, and national security, the Ministry of Transport will coordinate with the Ministry of Public Security, the Ministry of National Defense, the Ministry of Foreign Affairs, and the Ministry of Culture, Sports and Tourism to unify and decide not to allow foreigners to bring foreign motor vehicles into participation in traffic in Vietnam.

Article 8. Responsibilities of the Ministry of Culture, Sports and Tourism

Coordinate with the Ministry of Transport, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of National Defense, and the Ministry of Finance in organizing and managing the activities of foreign motor vehicles participating in traffic in Vietnam.

Article 9. Responsibilities of the Ministry of Foreign Affairs

Coordinate with the Ministry of Transport, the Ministry of Public Security, and the Ministry of Culture, Sports and Tourism in managing foreign motor vehicles participating in traffic in Vietnam.

Article 10. Responsibilities of the Ministry of Finance

Take the lead and coordinate with the Ministry of Public Security and the Ministry of National Defense in handling temporary import and re-export procedures for foreign motor vehicles participating in traffic in Vietnam.

Article 11. Responsibilities of the Ministry of Public Security

1. Coordinate with the Ministry of National Defense and the Ministry of Finance in handling temporary import and re-export procedures for foreign motor vehicles participating in traffic in Vietnam.

2. Handling violations of this Decree and other related laws.

Article 12. Responsibilities of the Ministry of National Defense

Take the lead in organizing border control inspections, coordinating with the Ministry of Public Security and the Ministry of Finance in handling temporary import and re-export procedures for foreign motor vehicles participating in traffic in Vietnam.

Article 13. Responsibilities of the People's Committee of Provinces and Central Cities

1. Direct local functional agencies to implement management and inspection of the activities of foreign motor vehicles participating in traffic in Vietnam in accordance with the provisions of this Decree.

2. Report to the Ministry of Transport, the Ministry of Culture, Sports and Tourism, and the Ministry of Foreign Affairs any incidents related to foreign vehicles and persons when participating in traffic in Vietnam.

Article 14. Responsibilities of International Travel Enterprises

1. Comply with regulations on entry and exit for persons and vehicles.

2. Organize the implementation of bringing foreign motor vehicles into participating in traffic in Vietnam and removing them from Vietnamese territory in accordance with regulations.

3. Ensure security, order, and safety during the participation of foreign motor vehicles in traffic in Vietnam.

4. At the latest within ten days from the end date of the travel program, submit a report to the Ministry of Transport on the process of foreign motor vehicles participating in traffic in Vietnam.

5. Be responsible for handling and resolving costs incurred due to violations caused by vehicle drivers during their participation in traffic in Vietnam.

6. In cases of force majeure as stipulated in Clause 1, Article 3 of this Decree, international travel enterprises must submit a document to the Ministry of Transport reporting the reasons for the delay in the departure of vehicles beyond the time specified in the approval document issued by the Ministry of Transport.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Decree takes effect from December 25, 2013.

Article 16. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.