Circular No. 201/2000/TT-BGTVT guiding the implementation of the Protocol between the Ministry of Transport of Vietnam and the Ministry of Posts, Telecommunications, 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 Memorandum of Understanding between the Ministry of Transport of Vietnam and the Ministry of Transport-Postal Service-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

||| To implement the Agreement on Road Transport signed by the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic in Hanoi on February 24, 1996, and the provisions of the Memorandum of Understanding on implementing the Agreement on Road Transport between the Ministry of Transport of Vietnam and the Ministry of Transport-Postal Service-Construction of Laos signed in Vientiane on May 1, 1996, the Ministry of Transport hereby provides the following main guidelines:

||| I. OBJECTS OF IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING:

||| The provisions of the Memorandum of Understanding aim to manage road transport vehicles (hereinafter referred to as vehicles) of Laos and Vietnam crossing between the two countries, whether participating in transport operations or not, including vehicles of state organizations and agencies on official business, including:

||| 1. Vehicles transporting goods and passengers from Vietnam to Laos and from Laos to Vietnam.

||| 2. Vehicles transporting goods in transit from Laos.

||| 3. Vehicles of Vietnam or Laos serving construction projects with a limited duration in Laos or Vietnam before returning home.

||| 4. Vehicles for official business or personal matters.

||| II. SPECIFIC PROVISIONS FOR IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING:

||| 1. Vehicles are only permitted to cross through eight border gates specified by both Parties. The border gates on the Vietnamese side include:

||| Route to Border Gate

||| Route No. 42

||| - Certificate of vehicle ownership registration;

||| - Safety and environmental protection inspection label (to be presented together with the Safety and Environmental Protection Inspection Certificate);

||| - Driver's license;

||| - Certificate of civil liability insurance purchase;

||| - Vietnam-Laos Combined Transport Permit (as stipulated in the Memorandum of Understanding signed by the two countries);

||| - Certificate of payment of traffic fees to the destination country.

||| 4. Vehicles crossing between the two countries must be right-hand drive cars with dimensions and load capacity in compliance with regulations of each country. Vehicles carrying dangerous goods or exceeding the size and weight limits set by the other Party must obtain a permit for dangerous goods transport or a special circulation permit from the competent authority of that country.

||| 5. Vehicles of Vietnam and Laos do not need to change their own country's license plates when operating on the territory of the other country.

||| Drivers engaged in international Vietnam-Laos road transport must hold a national or international driver's license suitable for the type of vehicle used and do not need to exchange driver's licenses when operating on the territory of the other country.

||| 6. Road transport enterprises may participate in international Vietnam-Laos transport operations if they meet the following conditions:

||| - Having a Decision on establishment of the enterprise in accordance with Vietnamese law (State Enterprise Law, Cooperative Law, Business Law) and a Business Registration Certificate. For enterprises operating under the Foreign Investment Law in Vietnam, only an Investment License is required.

||| - A request to participate in international Vietnam-Laos transport operations (this provision does not apply to State-owned enterprises).

||| Enterprises of the Military and Public Security engaging in economic activities when requesting to participate in international Vietnam-Laos transport operations also follow this regulation.

||| This provision does not apply to official vehicles of state organizations and agencies.

||| 7. Procedures and documents for applying for international Vietnam-Laos transport permits include:

||| 7.1 Application for issuance of Vietnam-Laos Combined Transport Permit (Form No. 1).

||| 7.2 Declaration for issuance of Vietnam-Laos Combined Transport Permit for each vehicle (Form No. 2).

||| 7.3 Certificate of vehicle ownership registration (photocopy certified or photocopy with original for verification).

||| 7.4 For transport businesses, there must be a Business Registration Certificate and Transport Contracts, Joint Venture Contracts, Construction Contracts, or other Contracts... (photocopy certified or photocopy with original for verification).

||| 7.5 Photocopy of the Business Registration Certificate (photocopy certified or photocopy with original for verification).

||| 8. Vehicles crossing between the two countries are allowed to operate within the scope and period specified in the Vietnam-Laos Combined Transport Permit. If exceeding the period, the other Party may extend it once for the vehicle to return home, but the extension time depends on the remaining distance of the vehicle.

||| III. AUTHORITY TO ISSUE VIETNAM-LAO COMBINED TRANSPORT PERMITS:

||| 1. The Vietnam-Laos Combined Transport Permit (hereinafter referred to as the Permit) is issued in one type for road transport vehicles participating in international Vietnam-Laos transport operations. The validity period of the Permit is one year.

||| 2. The Ministry of Transport delegates:

||| 2.1 The Vietnam Highway Administration to issue Permits to units and companies under its jurisdiction and units and companies under the Ministry of Transport with headquarters in Hanoi.

||| 2.2 Provincial Departments of Transport and Transport Services to issue Permits to transport units with headquarters in their respective provinces (excluding those mentioned in Point 2.1 above).

||| The Vietnam Highway Administration and Provincial Departments of Transport and Transport Services are authorized to issue Permits for vehicles passing through the designated border gates nationwide.

||| The processing time for issuing the Permit shall not exceed 48 hours from the date of receiving complete valid documents.

||| 3. Fee for issuing the Permit:

||| The issuing authority is entitled to collect and use the fee in accordance with the regulations of the Ministry of Finance.

||| 1. This Circular takes effect 15 days from the date of signature and replaces Circular No. 257/1998/TT-BGTVT dated August 18, 1998; Circular No. 400/1998/TT-BGTVT dated December 10, 1998 issued by the Minister of Transport.

The issuing authority shall collect and use the fee as prescribed by the Ministry of Finance.

VI. IMPLEMENTATION ORGANIZATION:

1. This Circular takes effect fifteen days from the date of signature and replaces Circulars No. 257/1998/TT-BGTVT dated August 18, 1998; and No. 400/1998/TT-BGTVT dated December 10, 1998, issued by the Minister of Transport.

2. The Vietnam Highway Administration, the Department of Transport (Public Works) of the province and centrally governed city shall promptly organize the dissemination and implementation of this Circular.

3. By no later than the fifth day of the following month, the Department of Transport (Public Works) of the province and centrally governed city must prepare a report on the number of permits issued in the previous month and send it to the Vietnam Highway Administration for consolidation and reporting to the Ministry of Transport.

4. The Vietnam Highway Administration shall be responsible for organizing, inspecting, and monitoring the implementation of this Circular.