Circular No. 258/1998/TT-BGTVT guiding the implementation of the Protocol of the Ministry of Transport of the Socialist Republic of Vietnam and the Ministry of Transport of the People's Republic of China to implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.

Joint Resolutions, Circulars

Guidelines for implementing the protocol between the Ministry of Transport of Vietnam and the Ministry of Transport of China to implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.

To implement the Agreement on Road Transport signed by the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China in Hanoi on November 22, 1994, and the provisions of the Protocol of the Ministry of Transport of Vietnam and the Ministry of Transport of China signed in Hanoi on June 3, 1997, the Ministry of Transport provides the following main guidelines:

I. OBJECTS OF MANAGEMENT UNDER THE PROTOCOL.

1. Means of transport for cargo and passengers (including tourists) and luggage departing from loading points in Vietnam through border gates permitted by both governments to reach loading points within Chinese territory and vice versa.

2. Road transport enterprises participating in international transport between Vietnam and China.

II. SPECIFIC IMPLEMENTATION GUIDELINES FOR THE PROTOCOL.

1. For now, road transport vehicles are only allowed to pass through the following pairs of border gates approved by both governments:

2. Road transport vehicles are only allowed to transport goods, passengers (including tourists), and luggage from specified loading points in Vietnam's border provinces to specified loading points in China's border provinces.

3. Vehicles and drivers must have the following documents when transporting across the border:

a. Certificate of vehicle ownership registration.

b. Technical inspection stamp of the vehicle.

c. Driver's license.

d. Certificate of compulsory civil liability insurance for motor vehicles.

e. Permit for transportation and international transportation emblem for Vietnam-China.

III. ENTERPRISES PARTICIPATING IN INTERNATIONAL TRANSPORT BETWEEN VIETNAM AND CHINA

1. Enterprises participating in international transport between Vietnam and China must be established according to Vietnamese law (State Enterprise Law, Company Law, Cooperative Law, Private Business Law, Foreign Investment Law in Vietnam) and meet the conditions set forth by the Ministry of Transport and be authorized by competent state management agencies to participate in international transport between Vietnam and China.

2. The National Highway Corporation approves in writing the participation of transport enterprises in international transport between Vietnam and China upon the request of the Provincial Department of Transport (Transport and Communications).

3. Transport enterprises participating in international transport must prepare a list of vehicles based on their registration number, model, and design weight (vehicle self-weight and carrying capacity) and report it to the National Highway Corporation to notify the Chinese side.

IV. ISSUANCE OF INTERNATIONAL TRANSPORT PERMITS BETWEEN VIETNAM AND CHINA

1. International transport permit.

Road transport vehicles transporting goods, passengers (including tourists), and luggage between the two countries must have an international automobile transport permit.

An international automobile transport permit is issued to road transport vehicles tasked with transporting goods, passengers (including tourists), and luggage from Vietnam through permitted border gates to loading points within Chinese territory and vice versa.

Based on the demand for transportation of goods and passengers and on the principle of equality, the National Highway Corporation and competent authorities such as the Departments of Transport in Lai Chau, Lao Cai, Ha Giang, Cao Bang, Lang Son, and Quang Ninh will negotiate and agree on the quantity of permits, periodic exchange of permits, time, and location of permit exchanges with the competent authority on the Chinese side.

There are three types of international automobile transport permits: A, B, and C, as agreed upon by both sides:

- Type A (pink color) is used for regular passenger transport (including tourist transport) and is valid for one year.

- Type B (light blue color) is used for non-regular passenger transport (including tourist transport) and luggage transport, and is valid for one round trip.

- Type C (light yellow color) is used for cargo transport and is valid for one round trip.

2. Documents for issuing international automobile transport permits.

- Application form for international automobile transport permit (attached template).

- Documents for each vehicle:

- Vehicle ownership registration certificate.

- Driver's license.

- Technical safety inspection stamp of the vehicle.

3. Authority to issue international automobile transport permits.

The Ministry of Transport delegates the Departments of Transport in Lao Cai, Lai Chau, Ha Giang, Cao Bang, Lang Son, and Quang Ninh to examine and issue international automobile transport permits for vehicles of enterprises that have been officially notified in writing by the National Highway Corporation to the Chinese side to pass through border gates in their respective areas to enter China and return.

IV. IMPLEMENTATION.

This Circular takes effect 15 days from the date of signature.

2. The Departments of Transport (Transport and Communications) of provinces and centrally governed cities are responsible for disseminating this Circular to transport enterprises authorized to participate in international transport between Vietnam and China to implement it. The Departments of Transport in Lai Chau, Lao Cai, Ha Giang, Cao Bang, Lang Son, and Quang Ninh are responsible for organizing and managing the issuance of permits.

3. By the fifth day of the following month, the Departments of Transport authorized to issue international automobile transport permits must submit reports on the number of international automobile transport permits issued and the implementation of international automobile transport tasks between the two countries in the previous month to the National Highway Corporation for consolidation and reporting to the Ministry.

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

APPLICATION FOR PERMIT
INTERNATIONAL TRANSPORT BETWEEN VIETNAM AND CHINA

To: …

1. Name of transport unit:

2. Address of the agency:

3. Contact telephone number (if any):

4. Business registration certificate number: date month year

Issuing authority:

5. Purpose of applying for the permit for automobiles:

6. The applicant requests:

 Issue automobile permits for the following list:

 (If multiple automobiles are requested, attach a detailed list to the application)

7. The entity has fulfilled all tax obligations and hereby solemnly undertakes full responsibility under the law for the declarations made in this application, should they not be true.

To be received:
- Issuing authority
- To be filed.Date                                                                                                                                                                                                                                                                                                                                                                                                                                                        &The unit's principal