Circular No. 20/2020/TT-BGTVT amending and supplementing certain articles of Circular No. 63/2013/TT-BGTVT dated December 31, 2013, issued by the Minister of Transport guiding the implementation of some provisions of the Memorandum of Understanding between the Governments of Cambodia, Laos, and Vietnam on road transport.

CIRCULAR

Provincial People's Committees set specific pricesTo amend and supplement some articles of Circular No. 63/2013/TT-BGTVT dated December 31, 2013, issued by the Minister of Transport guiding the implementation of certain provisions of the Memorandum of Understanding on Road Transport between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic, and the Socialist Republic of Vietnam.

Implementing the Memorandum of Understanding on Road Transport between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic, and the Socialist Republic of Vietnam signed on January 17, 2013, in Champasak, Laos;

Implementing 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 on October 10, 2005 (hereinafter referred to as "the Protocol");

Implementing the Protocol to facilitate the passage of motor vehicles across the border between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on September 15, 2010;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director General of the Department of International Cooperation and the Director General of the Vietnam Highway Administration Bureau,

The Minister of Transport issues this Circular to amend and supplement some articles of Circular No. 63/2013/TT-BGTVT dated December 31, 2013, issued by the Minister of Transport guiding the implementation of certain provisions of the Memorandum of Understanding on Road Transport between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic, and the Socialist Republic of Vietnam.

Article 1. Amend and supplement some articles of Circular No. 63/2013/TT-BGTVT dated December 31, 2013, issued by the Minister of Transport guiding the implementation of certain provisions of the Memorandum of Understanding on Road Transport between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic, and the Socialist Republic of Vietnam.

1. Amend Clause 1 of Article 3 as follows:

“1. Commercial motor vehicles (hereinafter referred to as commercial vehicles): are automobiles used for business transportation of goods and passengers on roads with vehicle registration certificates and license plates issued by competent authorities of the Socialist Republic of Vietnam.”

"Article 6. Services and activities carried out within the Cam Ranh International Port area

“2. Non-commercial motor vehicles (hereinafter referred to as non-commercial vehicles): are automobiles of organizations and individuals with vehicle registration certificates and license plates issued by competent authorities of the Socialist Republic of Vietnam operating across borders between Cambodia, Laos, and Vietnam without the purpose of commercial transportation, including:

a) Official vehicles of political organizations, political-social organizations, mass organizations at central and local levels, means of transport of diplomatic agencies, consular agencies, and representative offices of international organizations based in Vietnam. Vehicles of domestic and international enterprises, cooperatives going on official business, sightseeing, or tourism;

b) Fire trucks, ambulances, rescue vehicles, and vehicles carrying out humanitarian missions;

c) Passenger cars (less than nine seats) or pick-up trucks owned by individuals for personal use;

d) Motor vehicles, tractor units, trailers, or semi-trailers under the control of enterprises and cooperatives transporting goods and services for projects or programs of their units within Cambodian and Laotian territories.”

3. Amend Clause 1 of Article 11 as follows:

“1. Enterprises and cooperatives shall have their CLV Combined Transport Permit revoked for vehicles when they violate any of the following circumstances:

a) Not complying with the contents recorded in the CLV Combined Transport Permit or having a Decision revoking the business transport permit and emblem due to violations of regulations on business operations and conditions for road transport by automobile according to the regulations of the Socialist Republic of Vietnam;

b) Not operating CLV combined transport within three months from the date of issuance of the CLV Combined Transport Permit;

c) Not operating CLV combined transport continuously for six months with three trips or more (each trip includes both outbound and return journeys);

d) Not reporting CLV combined transport activities as prescribed in Clause 3 of Article 14 of this Circular.”

4. Supplement Clause 3 of Article 11 as follows:

“3. Procedures for revoking the CLV Combined Transport Permit

a) The issuing authority of the CLV Combined Transport Permit shall issue a Decision to revoke the CLV Combined Transport Permit and notify relevant authorities to coordinate in implementing it;

b) Enterprises and cooperatives shall return the CLV Combined Transport Permit to the issuing authority and immediately cease all CLV combined transport business activities upon the effectiveness of the revocation decision.”

5. Amend Clause 2 and supplement Clause 3 of Article 14 as follows:

a) Amend Clause 2 of Article 14 as follows:

“2. Departments of Transport, Departments of Transport and Construction of provinces and centrally governed cities (hereinafter referred to as Departments of Transport) shall be responsible for reporting to the Vietnam Highway Administration Bureau on the situation of CLV combined transport operations, detailed as follows:

a) Report title: Report on the results of transport operations among Cambodia, Laos, and Vietnam;

b) Content required in the report: results of transport operations among Cambodia, Laos, and Vietnam according to the outline template prescribed in point g of this clause;

c) Method of sending and receiving reports: direct submission or through postal services or electronic methods or other appropriate methods as prescribed by law;

d) Frequency of submitting reports: annually;

đ) Deadline for submitting reports: before January 20 of the following year;

e) Period for finalizing report data: from January 1 to December 31 of the reporting year;

g) Outline template for the report: as set forth in Appendix XIII attached to this Circular.”

b) Supplement Clause 3 of Article 14 as follows:

“3. Enterprises and cooperatives engaged in CLV combined transport business shall be responsible for reporting to the Vietnam Highway Administration Bureau and the Departments of Transport on the situation of CLV combined transport operations of their units, detailed as follows:

a) Report title: Report on the results of cargo and passenger transport operations among Cambodia, Laos, and Vietnam;

b) Content required in the report: results of cargo and passenger transport operations among Cambodia, Laos, and Vietnam according to the outline template prescribed in point g of this clause;

c) Method of sending and receiving reports: direct submission or through postal services or electronic methods or other appropriate methods as prescribed by law;

d) Frequency of report submission: every six months;

d) Deadline for submitting reports: before July 10 of the reporting period for the first six-monthly report of the year and before January 10 of the following year for the second six-monthly report of the year;

e) Data closing period for the report: from January 1 to June 30 of the reporting period for the first six-monthly report of the year and from July 1 to December 31 of the reporting period for the second six-monthly report of the year;

g) Report outline template: in accordance with Appendices XI and XII issued together with this Circular;

6. Supplement Appendices XI, XII, and XIII to Circular No. 63/2013/TT-BGTVT dated December 31, 2013, of the Minister of Transport corresponding to Appendices I, II, and III issued together with this Circular;

Article 2. Repeal Clause 2 of Article 9 of Circular No. 63/2013/TT-BGTVT dated December 31, 2013, of the Minister of Transport guiding the implementation of certain provisions of the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic, and the Socialist Republic of Vietnam on road transport;

Article 3. Effectiveness

This Circular takes effect from November 15, 2020;

The Head of the Ministry’s Office, Heads of Departments, Director of the Vietnam Registration Agency, Heads of agencies, units, and individuals related to this Circular shall be responsible for its enforcement.

The Director of the Office of the Ministry, the Director of the Inspectorate of the Ministry, the Heads of Departments, the General Directors of the Vietnam Highway Administration, the Directors of Provincial Departments of Transport and Construction, and the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.