Circular No. 18/2010/TT-BGTVT guiding the implementation of certain provisions of the Agreement and Protocol on the implementation of the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia for non-commercial vehicles.

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

concerning non-commercial vehicles

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Pursuant to 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;

Pursuant to 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);

Pursuant to Decree No. 51/2008/NĐ-CP dated April 28, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport hereby issues guidelines for implementing certain provisions of the Agreement 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 as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars provide guidance on certain provisions of the Agreement 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 concerning the movement of non-commercial vehicles of Vietnam and Cambodia across the Vietnam-Cambodia border and their operation within the territory of Vietnam.

Article 2. Applicability

These Circulars apply to organizations and individuals related to the activities of non-commercial vehicles crossing the borders of the two countries, Vietnam and Cambodia.

Article 3. Non-commercial Vehicles

1. Non-commercial vehicles include:

a) Official vehicles owned by entities including: vehicles of Party, National Assembly, and Government agencies; central agencies of the Party, National Assembly, and Government; offices of Ministries, agencies at ministerial level; agencies under Ministries, agencies at ministerial level;

Vehicles of diplomatic agencies: embassies, international organizations, non-governmental organizations with headquarters in Vietnam;

Vehicles of political organizations, political-social organizations, mass organizations; public institutions at central and local levels;

b) Vehicles driven by foreign business people: vehicles used by persons holding passports issued by third countries (passports not issued by Vietnam or Cambodia);

c) Fire trucks, ambulances, rescue vehicles, humanitarian aid vehicles

2. Conditions for vehicles to be granted permits:

a) Designed for use on roads for passenger transport purposes;

b) Have no more than 09 (nine) seats including the driver;

c) Registered in Vietnam or Cambodia;

d) Not used for commercial transportation purposes.

3. National identification plates (referred to as national identification plates)

a) The national identification symbol of Vietnam is "VN". The national identification plates specified in Appendix 1 of this Circular shall be issued by the agency issuing the International Road Transport Permit;

b) The national identification symbol of Cambodia is "KH". The national identification plates of Cambodia shall be issued by the competent authority of Cambodia;

c) National identification plates shall be affixed on the front and rear windshields of the vehicle, separate from the registration number plate.

Article 4. Border Gate Pairs Implementing:

Chapter II

INTERNATIONAL ROAD TRANSPORT PERMIT AND THE ISSUE OF INTERNATIONAL ROAD TRANSPORT PERMIT

Article 5. Combined Transport Permit

1. The Vietnam-Cambodia Combined Transport Permit includes the Combined Transport Permit Booklet and the Combined Transport Emblem attached to the transport vehicle.

2. The model of the Combined Transport Permit Booklet and the Combined Transport Emblem are specified in Appendices 2a and 2b of this Circular.

Article 6. Application Documents, Procedures, Methods, and Fees for Issuance

1. Application documents for issuance include:

a) A request for issuance of a combined transport permit with confirmation from the dispatching authority for persons and vehicles on official business. The form of the request is prescribed in Appendix 3 of this Circular;

b) A copy of the vehicle registration.

2. Procedures and methods for issuance:

a) Organizations and individuals submit application documents directly or send them via postal service to the General Department of Roads of Vietnam or the Department of Transportation;

b) The issuing authority receives the application documents. Within three working days from the date of receipt of complete and valid application documents, the issuing authority will review the application and issue the permit. In case of refusal to issue the permit, a written response must be provided with clear reasons stated.

3. Fees for issuance shall be implemented according to the regulations of the Ministry of Finance.

Article 7. Issuing Authority

1. The General Department of Roads of Vietnam issues permits for entities specified in point a, Clause 1, Article 3 of this Circular that have their headquarters in Hanoi.

2. The Department of Transportation issues permits for entities specified in points a and b, Clause 1, Article 3 of this Circular that have their headquarters in provinces and centrally-administered cities (excluding entities specified in point a, Clause 1, Article 3 of this Circular that have their headquarters in Hanoi).

Article 8. Validity Period of Permits, Exemption from Permit Issuance, Revocation, and Extension of Permits

1. The validity period of the combined transport permit for non-commercial vehicles is consistent with the travel duration but not exceeding thirty days.

2. Exemption from permit issuance applies to vehicles specified in point c, Clause 1, Article 3 of this Circular when performing urgent tasks.

The maximum stay period on the territory of the host country for vehicles exempted from permit issuance is seven days.

3. The issuing authority has the right to revoke the combined transport permit upon discovery of violations of the conditions for issuance as stipulated above.

4. Vehicles of Vietnam staying in Cambodia beyond the permit validity period due to legitimate reasons (such as natural disasters, accidents, unrepaired malfunctions) may be extended once for up to ten days from the expiry date of the stay. The extension is regulated by the Cambodian side.

Article 9. Extension for Cambodian Vehicles Staying in Vietnam

1. Eligible for extension: Non-commercial Cambodian vehicles that have exceeded the permit validity period due to legitimate reasons (such as natural disasters, accidents, unrepaired malfunctions) may be extended once for up to ten days from the expiry date of the stay.

2. Application documents for extension include: combined transport permit; vehicle registration certificate; request for extension according to the form prescribed in Appendix 4 of this Circular;

Application documents for extension should be submitted directly to the local Department of Transportation where the vehicle is staying.

3. Processing procedure: within one working day from the date of receipt of complete and valid application documents, the Department of Transportation will respond to the extension request. If the extension is denied, a written response stating the reasons must be provided immediately upon receipt of the application.

4. Authority for extension: the Department of Transportation of the province or centrally-administered city where the vehicle is staying.

Article 10. Responsibilities of the vehicle owner and the driver of non-commercial vehicles crossing the Vietnam-Cambodia border.

1. The vehicle owner and the driver must use the vehicle for the intended purpose of the trip, through the designated border gates listed on the permit, and comply with the laws of the destination country.

2. The vehicle owner or the driver must pay all fees and charges including bridge tolls, ferry fees, and other fees prescribed by the laws of the destination country.

Article 11. Documents that the driver of non-commercial vehicles must carry when crossing the border and while operating within the territory of Vietnam or Cambodia.

1. Passport or travel document equivalent to a passport and visa issued by the competent authority of the destination country (if the driver does not fall under the category exempted from visa requirements according to the agreement between the two countries or as stipulated by the destination country).

2. Vehicle registration certificate.

3. Stamps and the Certificate of Technical Safety Inspection and Environmental Protection still valid.

4. International transit permit (except in cases where the vehicle is exempted from obtaining such a permit).

5. Compulsory third-party liability insurance certificate still valid.

6. Customs declaration form for temporary import and export of vehicles across the land border in accordance with the law.

Chapter III

EFFECTIVE DATE AND IMPLEMENTATION

Article 12. Effective Date

This Circular shall take effect forty-five days from the date of signature.

Article 13. Implementation Organization

1. Vietnam Highway Administration:

a) Manage, guide, and inspect the activities of non-commercial vehicles crossing the land border between Vietnam and Cambodia;

b) Take the lead in coordinating with relevant agencies in checking and handling violations by non-commercial vehicles of Vietnam and Cambodia operating within the territory of Vietnam, and annually meet with the competent authority of Cambodia to unify issues related to the management of non-commercial vehicles crossing the border between the two countries;

c) Print and issue National Identification Plates of Vietnam, International Transit Permit Books, and International Transit Permits accompanying this Circular;

d) Issue International Transit Permits for non-commercial vehicles belonging to the specified categories.

2. Departments of Transport of provinces and centrally governed cities:

a) Organizing the dissemination and implementation of this Circular to organizations and individuals related to the area;

b) Issue International Transit Permits for non-commercial vehicles belonging to the specified categories;

c) Regularly report quarterly and annually on the issuance status to the Vietnam Highway Corporation for consolidation and monitoring.

3. During the implementation process, if any difficulties arise, organizations and individuals are advised to contact the Vietnam Highway Corporation for guidance and resolution. If the difficulty exceeds their authority to resolve, the Vietnam Highway Corporation shall report to the Ministry of Transport for instructions.

4. The Director of the Ministry's Office, the Inspector General, Heads of Departments, the Director-General of the Vietnam Highway Corporation, Directors of Departments of Transport of provinces and centrally governed cities, and relevant agencies, organizations, and individuals are responsible for implementing this Circular./.