Circular No. 17/2005/TT-BGTVT guiding the implementation of Protocol 2001 dated July 18, 2001 between the Ministry of Transport of Vietnam and the Ministry of Transport, Posts and Construction of Laos to implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic.

CIRCULAR

Guidelines for Implementing the Protocol dated July 18, 2001

between the Ministry of Transport of Vietnam and the Ministry of Transport,

Posts and Construction of Laos to implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic

Implementation of the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on February 24, 1996 (referred to as the Agreement); the Protocol amending and supplementing the Agreement and the Protocol 2001 between the Ministry of Transport of the Socialist Republic of Vietnam and the Ministry of Transport, Posts and Construction of the Lao People's Democratic Republic signed on July 18, 2001 regarding the implementation of the Agreement, the Ministry of Transport provides guidance as follows:

and the Government of the Lao People's Democratic Republic

To implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on February 24, 1996 (referred to as the Agreement); the Protocol amending and supplementing the Agreement and the Protocol signed on July 18, 2001 between the Ministry of Transport of the Socialist Republic of Vietnam and the Ministry of Transport, Posts and Construction of the Lao People's Democratic Republic for the implementation of the Agreement, the Ministry of Transport provides guidance as follows:

I. OBJECTS OF IMPLEMENTATION OF THE PROTOCOL

Road transport vehicles specified in Clause 1 Article 1 and Clause 2 Article 2 of the Agreement are as follows:

1. Road transport vehicles include automobiles, trailers, semi-trailers towing automobiles for the carriage of goods, passengers, luggage, and special-purpose vehicles circulating on roads that have been registered in Vietnam or Laos.

2. Vehicles participating in traffic crossing between Vietnam and Laos are commercial and non-commercial transport vehicles:

a) Commercial transport vehicles are those involved in transporting people and goods for payment or vehicles serving business activities other than transportation businesses of enterprises;

b) Non-commercial transport vehicles are those of agencies, organizations, and individuals operating without a business purpose such as: vehicles of agencies and organizations on distant missions, ambulances, fire trucks, rescue vehicles, vehicles performing humanitarian missions (collectively referred to as official vehicles) and personal vehicles for private use.

II. SPECIFIC REGULATIONS FOR IMPLEMENTING THE PROTOCOL

1. Vehicles are only permitted to cross at 10 pairs of border gates designated by both Parties. The border gates on the Vietnamese side include:

2. The transportation of goods and passengers including tourists between the two countries shall be carried out by means of vehicles traveling directly from the place of shipment to the place of receipt (for cargo transportation), from the departure point to the destination (for passenger transportation). Vehicles operating on fixed international passenger routes between Vietnam and Laos must depart and terminate at bus stations as prescribed.

3. Vehicles and their drivers must possess all valid documents listed below to present to authorities when required:

a) Vietnam-Laos International Combined Transport Permit and license plate;

b) Vehicle registration certificate;

c) Safety and environmental protection technical inspection certificate along with safety and environmental protection technical inspection stickers;

d) Valid driver's license corresponding to the type of vehicle being driven;

e) Certificate of compulsory civil liability insurance for motor vehicles;

f) Special permit for operation (in case of vehicles carrying goods as stipulated in Point 5 below);

g) In addition, the following documents are required for vehicles:

- For vehicles running fixed routes, additional documents include:

Vietnam-Laos International Combined Transport Fixed Route License Plate;

Logbook for passenger transportation between Vietnam and Laos as prescribed;

Passenger list.

- For vehicles engaged in contractual tourist passenger transportation, additional documents include:

Contractual Transport License Plate or Tourist Passenger Transportation Sign issued by the competent authority;

Passenger Transport Contract or photocopied contract with the enterprise or vehicle owner's stamp.

- For cargo vehicles, a cargo declaration form and related documents concerning the goods are required.

4. Vehicles transporting goods and passengers between the two countries must be left-hand drive automobiles with dimensions and load capacity complying with regulations of each country.

5. Vehicles transporting dangerous goods or goods exceeding the size and weight limits set by Vietnam or Laos must obtain a special permit for operation from the competent authority of Vietnam or Laos.

6. Road transport vehicles operating within the territory of Vietnam or Laos must stop and park at rest stops, points of disembarkation, or bus stations and purchase traffic fees, parking fees, and other fees and charges as prescribed by Vietnam or Laos.

7. Vehicles of Vietnam and Laos do not need to change their registration plates when operating in the territory of the other country.

8. Drivers conducting international road transport between Vietnam and Laos must hold a national or international driving license appropriate to the type of vehicle they are controlling and do not need to exchange licenses when operating in the territory of the other country.

9. Vehicles crossing between the two countries are allowed to operate within the scope, duration, and through the pairs of border gates specified in the Vietnam-Laos International Combined Transport Permit. Each trip, vehicles of the departing country may stay in the arriving country for no more than 30 days from the date of entry. If a vehicle cannot return to its home country before the permit expires due to justifiable reasons, it will be considered for an extension of up to 10 days by the competent authority of the host country, sufficient for the return journey.

10. The Vietnam Road Administration examines and approves the operation of passenger transport vehicles on fixed routes between Vietnam and Laos, and organizes the management of international combined passenger transport operations between Vietnam and Laos. Approval for operation on the fixed passenger transport route between Vietnam and Laos is valid for seven years.

11. The application dossier for approval to operate on the fixed passenger transport route between Vietnam and Laos includes:

a) Application form for registration to operate on the route confirmed by the provincial Department of Transport or Department of Transport and Public Works at the departure and arrival points between Vietnam and Laos;

b) Business registration certificate of the enterprise (photocopy with notarization or photocopy accompanied by the original for verification);

c) Operation plan on the route;

d) List of vehicles participating in operations on the route (accompanied by a photocopied vehicle registration document);

đ) Joint venture or joint operation contracts for passenger transport along fixed routes with Laotian partners (if any).

III. ISSUANCE OF CROSS-BORDER TRANSPORT PERMITS BETWEEN VIETNAM AND LAO

1. Documents, procedures, and validity period for issuing cross-border transport permits between Vietnam and Lao for vehicles as follows:

1.1. For commercial transport vehicles:

a) Enterprises established in accordance with Vietnamese law (State Enterprise Law, Cooperative Law, Business Law) must have a business registration certificate. For enterprises established and operating under the Foreign Investment Law in Vietnam, they must have an investment permit.

b) Transport enterprises of the military and police shall comply with regulations of the Ministry of National Defense and the Ministry of Public Security.

c) The application documents for international transport permits between Vietnam and Lao include:

- An application form for a cross-border transport permit between Vietnam and Lao from the enterprise, accompanied by a list of transport vehicles (by vehicle type, load capacity, and registration number) registered to participate in international transport between Vietnam and Lao (Form No. 01 attached to this Circular);

- A declaration form for each vehicle applying for a cross-border transport permit between Vietnam and Lao (Form No. 02 attached to this Circular);

- Business registration certificate for transport businesses (photocopy certified or photocopy with original for verification);

- Vehicle registration certificate (photocopy). Cars must display the registration plate at the location where the transport business is registered;

- Certificate of technical safety inspection and environmental protection (photocopy);

- Driving license appropriate to the type of vehicle applied for (photocopy); and

- Certificate of compulsory motor vehicle liability insurance (photocopy).

d) Validity period for permits:

Cross-border transport permits between Vietnam and Lao (referred to as Permits) issued to road transport vehicles participating in international transport between Vietnam and Lao are valid for multiple entries for up to one year. Depending on the purpose of the work, the validity period may be less than one year if requested in writing by the transport enterprise or vehicle owner.

1.2. For non-commercial transport vehicles:

a) Official vehicles:

- Application documents include the following papers:

Application form for a cross-border transport permit between Vietnam and Lao (Form No. 01 attached to this Circular);

Declaration form for each vehicle applying for a cross-border transport permit between Vietnam and Lao (Form No. 02 attached to this Circular);

Vehicle registration certificate (photocopy);

Certificate of technical safety inspection and environmental protection (photocopy);

Driving license appropriate to the type of vehicle applied for (photocopy);

Certificate of compulsory motor vehicle liability insurance (photocopy).

- Validity period for permits:

The validity period for cross-border transport permits between Vietnam and Lao is equal to the time stated in the application form for a cross-border transport permit between Vietnam and Lao but not exceeding one year.

- When issuing permits to these vehicles, the issuing authority shall record the following below the line "Number (Nr.):..." on page 1:

OFFICIAL VEHICLE (XE CÔNG VỤ)

b) Personal vehicles:

- Application documents include the following papers:

Application form for a cross-border transport permit between Vietnam and Lao confirmed by the People's Committee of the commune, ward where the individual has permanent residence (Form No. 01 attached to this Circular);

Declaration form for each vehicle applying for a cross-border transport permit between Vietnam and Lao (Form No. 02 attached to this Circular);

Vehicle registration certificate (photocopy);

Certificate of technical safety inspection and environmental protection (photocopy);

Driving license appropriate to the type of vehicle applied for (photocopy);

Certificate of compulsory motor vehicle liability insurance (photocopy).

- Validity period for permits:

The validity period for cross-border transport permits for personal vehicles traveling for private purposes shall not exceed one month. The issuing authority shall issue permits with appropriate validity periods based on the purpose of the trip.

When issuing permits to these vehicles, the issuing authority shall record the following below the line "Number (Nr.):..." on page 1:

PRIVATE VEHICLE (XE CÁ NHÂN)

2. Issuing authorities for cross-border transport permits between Vietnam and Lao

2.1. The Vietnam Road Administration issues permits to the following entities:

a) Central agencies of the Party and State, offices of Ministries, mass organizations, and international organizations, diplomatic missions located in Hanoi;

b) Units and companies under the Ministry of Transport located in Hanoi; and

c) Transport companies and units under the Vietnam Road Administration.

2.2. Departments of Transportation or Departments of Transportation and Public Works issue permits to the remaining entities, specifically as follows:

a) Central agencies of the Party and State, offices of Ministries, mass organizations, and international organizations, diplomatic missions located in the locality;

b) State agencies and organizations located in the locality traveling on official business;

c) Transport units with headquarters in the locality;

d) Individuals with permanent or long-term temporary residence in the locality traveling for private purposes;

đ) Other entities.

2.3. Lists of vehicles applying for permits shall be sent by the Department of Transportation or Department of Transportation and Public Works to the Vietnam Road Administration for review before issuing permits.

2.4. Permit issuance fees: the issuing authority is entitled to collect and use fees in accordance with the regulations of the Ministry of Finance.

3. Forms of cross-border transport permits and identification plates for cross-border transportation between Vietnam and Lao:

3.1. Cross-border transport permits between Vietnam and Lao consist of a permit book and a cross-border transport identification plate. The cross-border transport permit book is used to present when inspected by competent authorities. The cross-border transport identification plate is affixed to the right upper corner of the vehicle window facing the direction of travel.

3.2. Form of the cross-border transport permit book: size 90 mm x 130 mm, content according to Form No. 03 attached to this Circular.

Type 12 pages used for official vehicles and personal vehicles traveling for private purposes or vehicles of enterprises that do not travel frequently.

Type 48 pages used for vehicles that travel frequently.

Cover of the permit book in dark red; the National Emblem of Vietnam in gold color on the front cover. Pages inside the book printed with the National Emblem and surrounding patterns in light blue.

3.3. Cross-border transport identification plate: size 115 mm x 210 mm, white background with red text, content according to Form No. 04 attached to this Circular.

3.4. The Vietnam Road Administration is responsible for printing and distributing the declaration forms for applications for cross-border transport permits between Vietnam and Lao and cross-border transport permits between Vietnam and Lao.

IV. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular No. 201/2000/TT-BGTVT dated May 22, 2000 of the Ministry of Transport. Permits and identification marks for cross-border transport between Vietnam and Laos issued before this Circular takes effect shall continue to be valid until their expiration dates as indicated on the permits.

2. The Vietnam Highway Administration, Provincial Department of Transport, or Provincial Department of Transport and Public Works under the central直辖市人民政府组织及时普及并实施本通知。

3. By July each year and January of the following year, the Provincial Department of Transport or Provincial Department of Transport and Public Works under the central直辖市人民政府必须编制并提交关于上半年和全年越南与老挝跨境运输活动的许可证发放数量及执行情况的报告给越南公路总局，以便其进行监督、汇总并向交通运输部报告。

4. The Vietnam Highway Administration shall uniformly manage road transport activities between Vietnam and Laos; it shall be responsible for organizing, inspecting, and supervising the implementation of this Circular./.