Circular No. 257/1998/TT-BGTVT guiding the implementation of the Memorandum of 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 Protocol of 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.

To implement the Agreement on Road Transport signed by the Governments of the Socialist Republic of Vietnam and the Lao People's Democratic Republic in Hanoi on February 24, 1996, and the terms of the Protocol implementing the Agreement on Road Transport between the Ministry of Transport of Vietnam and the Ministry of Posts, Telecommunications, and Construction of Laos signed in Vientiane on May 1, 1996, the Ministry of Transport provides the following main points:

I. Subjects of the Protocol Implementation.

The provisions of the Protocol aim to manage road transport vehicles (hereinafter referred to as vehicles) of Laos and Vietnam crossing between the two countries, whether participating in commercial transport activities or not, including vehicles of organizations and state agencies for official or personal purposes, as follows:

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.

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

II. Specific Provisions for Implementing the Protocol.

1. Vehicles are only permitted to cross at seven designated border gates specified by both countries. Border gates on the Vietnamese side include:

1.1- Tay Trang, Route 42.

1.2- Pa Hang, Route 6.

1.3- Na Meo, Route 217.

1.4- Keo Nua, Route 8.

1.5- Nam Can, Route 7.

1.6- Cha Lo, Route 12.

1.7- Lao Bao, Route 9.

2. Transportation of goods and passengers, including tourist passengers, between the two countries shall be carried out using vehicles in direct transportation from the place of shipment to the place of receipt (for cargo transportation) and from the departure point to the destination (for passenger transportation).

3. Vehicles and their drivers must have the following documents available for presentation to authorities when required:

- Certificate of vehicle ownership registration,

- Safety technical inspection stamp,

- Driver's license,

- Certificate of civil liability insurance purchase,

- International Vietnam-Laos transport permit.

||| 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.

4. Vehicles crossing between the two countries must be right-hand drive automobiles with dimensions and load capacities complying with regulations of each country. Vehicles carrying dangerous goods or exceeding the size and weight limits set by the other party must obtain special permission from the competent authority of that country for dangerous goods carriage or special circulation permits.

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

6. Enterprises engaged in Vietnam-Laos road transport business must meet the following conditions:

- Have a decision to establish the enterprise in accordance with Vietnamese law (State Enterprise Law, Cooperative Law, Foreign Investment Law in Vietnam, Company Law, Private Business Law) and a Business Registration Certificate.

- Cooperatives, Joint Stock Companies, Limited Liability Companies, and Private Businesses wishing to participate in Vietnam-Laos transport must provide the following documents:

+ Application to participate in Vietnam-Laos transport.

+ Copy of the Business Registration Certificate (certified copy or original copy for comparison).

The Department of Transport (Public Works) has the responsibility to confirm, and the Vietnam Highway Administration approves in writing within 48 hours of receiving all necessary documents.

Enterprises of the Military and Public Security engaged in economic activities also follow this regulation.

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

7. Procedures and documents for applying for an international Vietnam-Laos transport permit include:

7.1 Application for international transport permit (according to Form No. 1).

7.2 Vehicle declaration form for each vehicle requiring a permit (according to Form No. 2).

7.3 Certificate of vehicle ownership registration.

7.4 For transport enterprises, they must provide a Business Registration Certificate and Transport Contracts, Joint Venture Contracts... (certified copies according to the law or photocopies with originals for comparison).

7.5 Photocopy of the Business Registration Certificate (certified copy or photocopy with original for comparison) or approval document from the Vietnam Highway Administration.

Transport units regularly assigned tasks by the Ministry of Transport or the Vietnam Highway Administration may be exempted from the procedures mentioned in Clause 7.4 above.

8. Vehicles crossing between the two countries are allowed to operate within the scope, time limit, and through the designated border pairs stated in the International Vietnam-Laos Transport Permit. If exceeded, the other side may grant an extension of up to 10 days for return to the home country.

III. Authority Issuing International Transport Permits.

1. Types of International Vietnam-Laos Transport Permits:

- Type 1: Issued to road transport vehicles for multiple crossings within a maximum period of one year according to the Gregorian calendar.

- Type 2: Issued to road transport vehicles for a single crossing within a maximum period not exceeding thirty days.

||| 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).

Provincial Departments of Transport (Public Works) issue International Transport Permits types one and two based on Clause 6 and Clause 7 for vehicles of organizations and individuals with offices located in their jurisdiction.

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

2. Fees for issuing International Vietnam-Laos Transport Permits.

The authority issuing "International Vietnam-Laos Transport Permits" collects and uses fees in accordance with regulations of the Ministry of Finance.

IV. Implementation Organization.

1. This Circular takes effect 15 days after its issuance. Previous regulations contrary to this Circular are abolished.

2. Provincial Departments of Transport (Public Works) promptly organize dissemination and implementation of this Circular within their jurisdictions.

3. Not later than the fifth day of the following month, the Departments of Transport (Public Works) must prepare a report on the "Vietnam-Laos International Transport Permit" issued in the previous month and send it to the Vietnam Highway Administration for monitoring and reporting to the Ministry of Transport.

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