Circular No. 29/2009/TT-BGTVT guiding the implementation of certain provisions of the Agreement on Facilitating Transport of Persons and Goods Across Borders in the Greater Mekong Subregion

CIRCULAR

Guidelines for Implementing Certain Provisions of the Agreement on Facilitating Transport of Persons and Goods Across Borders in the Greater Mekong Subregion

Based on the Agreement on Facilitating Cross-Border Transport of Goods and Persons in the Greater Mekong Subregion (GMS Agreement), signed on November 26, 1999, in Vientiane, amended on April 30, 2004, in Phnom Penh, Cambodia, and its Annexes, Protocol to the Agreement;

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Based on Decree No. 51/2008/NĐ-CP dated April 22, 2008, of the Government stipulating the tasks, powers, responsibilities for state management, and organizational structure of the Ministry of Transport;

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

This Circular provides detailed regulations on certain provisions of the GMS Agreement concerning vehicles, vehicle drivers, agencies, and organizations authorized to transport passengers and goods across borders between countries in the Greater Mekong Subregion.

Article 1. Scope of Regulation

This Circular applies to agencies, organizations, and individuals involved in passenger and cargo transportation activities across borders between countries in the Greater Mekong Subregion.

Article 2. Applicability

Article 3. Scope of Vehicle Operations

1. Vehicles of enterprises and cooperatives holding a GMS Road Transport Permit are only permitted to operate in transporting goods and passengers along the corridors, routes, and pairs of border gates specified in Appendix 1 attached hereto.

2. Vehicles are not allowed to transport goods or passengers between two points within the territory of the other Contracting Party.

1. Types of Vehicles:

Article 4. Regulations for vehicles

a) Passenger-carrying vehicles: vehicles with ten seats or more including the driver;

b) Cargo-carrying vehicles: articulated trucks, tractor units, semi-trailers.

2. National distinguishing marks of vehicles: each vehicle participating in cross-border traffic must display, in addition to the registration number as prescribed, a national distinguishing mark at the rear of the vehicle (not overlapping with the registration number). The model of the national distinguishing mark of Vietnam is specified in Appendix 2 attached hereto.

3. Each vehicle transporting goods and passengers across borders must present to competent authorities upon request the following valid documents:

c) A GMS Road Transport Permit accompanied by a logbook of the vehicle's operations;

a) Vehicle registration certificate;

b) Safety technical inspection and environmental protection certificate;

d) A passenger list for passenger-carrying vehicles according to the models set out in Appendices 3a and 3b attached hereto, or a consignment note for cargo-carrying vehicles according to the model set out in Appendix 3c attached hereto;

đ) A certificate of compulsory third-party motor vehicle liability insurance issued by the owner of the vehicle;

In cases where the aforementioned documents are not printed in both Vietnamese and English, they must be accompanied by an English translation issued by the issuing authority of the document or confirmed by a legitimate notary public.

4. For each trip, the vehicle is permitted to stay in the territory of the destination country for no more than thirty days from the date of entry. In case of justifiable reasons (such as natural disasters, accidents, breakdowns that cannot be repaired in time), an extension may be granted once, for a period not exceeding ten days from the expiry date of departure.

4. For each trip, the means of transport is permitted to remain on the territory of the destination country for no more than thirty days from the date of entry. In cases of valid reasons (such as natural disasters, accidents, unrepaired malfunctions), an extension will be granted once, for a period not exceeding ten days from the expiry date of the departure deadline.

Article 5. Provisions for Drivers, Service Staff, and Passengers

1. Drivers crossing the border must carry valid documents including:

a) Passport or other documents with equivalent value to passport and visa issued by authorized agencies (except in cases where visa exemption applies);

b) Driving license printed in both Vietnamese and English languages; if there is no English version, a certified translation of the driving license according to the model set forth in Appendix 4 attached hereto shall be provided. The agency issuing the certified translation of the driving license is the agency that issues the driving license.

2. For passengers and service staff, they must present passports or other documents with equivalent value to passport and visa issued by authorized agencies (except in cases where visa exemption applies);

3. Drivers, passengers, and service staff must comply with inspection and control by specialized agencies at border gates when entering and exiting the country.

Article 6. Issuance of International Road Transport Permit for Enterprises and Cooperatives

1. Conditions for issuance of permit: enterprises and cooperatives established in accordance with Vietnamese laws and meeting the following conditions:

a) Shareholding ratio: Vietnamese citizens hold at least 51% of the capital in transport enterprises and cooperatives;

b) Employee ratio: Vietnamese nationals make up at least 51% of the total number of management employees in enterprises and cooperatives (including positions such as general manager, deputy general manager of the enterprise, cooperative director, deputy cooperative director, heads of departments within the enterprise and cooperative);

c) Reliability:

- The enterprise does not violate economic contract regulations and other Vietnamese legal provisions;

- The enterprise has not been declared bankrupt or is currently in bankruptcy proceedings.

d) Professional qualifications: The person responsible for road transport business in the enterprise or cooperative must have a bachelor's degree in road transport or another relevant field with at least three years of management experience in transport enterprises or cooperatives.

đ) Financial capacity: Must possess sufficient financial resources to manage the enterprise or cooperative and to cover transportation activities. In the three consecutive years leading up to the application for the permit, the enterprise or cooperative must have been profitable.

2. Documents for applying for a permit

a) Application for issuance of the International Road Transport Permit of the enterprise or cooperative according to the prescribed form in Appendix 5 attached hereto.

b) Business registration certificate for transport of the enterprise or cooperative (a valid copy or a copy accompanied by the original for verification).

c) Professional certification of the person responsible for transport business of the enterprise or cooperative (a valid copy or a copy accompanied by the original for verification) along with the labor contract with the enterprise.

d) Financial reports of the enterprise for the three most recent consecutive years confirmed by local financial authorities or auditing units; for newly established enterprises or cooperatives, proof of financial capacity must also be attached.

3. Issuing authority and permit issuance process

a) The Ministry of Transport or agencies authorized by the Ministry of Transport are the issuing authorities for the International Road Transport Permit.

b) The issuing authority receives applications and issues the International Road Transport Permit to enterprises and cooperatives in accordance with regulations.

c) Within fifteen working days from the date of receipt of complete and valid applications, the issuing authority will review the applications and issue permits. If the permit is denied, the enterprise or cooperative must be notified in writing with specific reasons.

d) Permit fees are levied in accordance with regulations of the Ministry of Finance.

4. Revocation and Reissuance of the International Road Transport Permit

a) Revocation

In case of violation of the conditions for permit issuance during the validity period of the permit, the issuing authority may revoke the permit issued to the enterprise.

b) Reissuance

Upon expiration of the permit or loss of the permit, the enterprise or cooperative must submit a new application for the permit according to the above regulations. Expired permits must be returned to the issuing authority.

c) The validity period of the International Road Transport Permit is five years.

d) The format of the International Road Transport Permit is specified in Appendix 6 attached hereto.

Article 7. Issuance of GMS Road Transport Permit for Vehicles

1. Conditions for vehicles to be issued permits

Vehicles under the lawful authority of enterprises and cooperatives that have been granted International Road Transport Permits may be issued GMS Road Transport Permits to transport passengers and goods pursuant to the GMS Agreement.

2. Documents for applying for a permit

a) A request form for issuance of GMS Road Transport Permit for vehicles according to the model prescribed in Appendix 7 attached hereto;

b) A copy of the vehicle registration certificate;

c) A copy of the document proving the lawful right to use the vehicle of the enterprise or cooperative;

d) A copy of the Safety Technical Inspection and Environmental Protection Certificate;

đ) A copy of the Insurance Certificate for Civil Liability of Motor Vehicle Owners towards third parties.

3. Issuing authority and permit issuance process

a) The Ministry of Transport or agencies authorized by the Ministry of Transport are the issuing authorities for the International Road Transport Permit.

b) The issuing authority shall accept the application and issue the GMS Road Transport Permit for vehicles in accordance with the regulations.

c) Within fifteen working days from the date of receipt of complete and valid applications, the issuing authority shall examine the applications and issue the permit. In case of refusal to issue the permit, the enterprise must be notified in writing and the reasons must be clearly stated.

d) In cases where it is necessary to supplement or replace operating vehicles, the enterprise or cooperative shall submit a letter of request along with a list of vehicles and prepare the application according to points a, b, c, d, đ of Clause 2 of this Article to the issuing authority. For replacement vehicles, the issuing authority shall record the replacement vehicle number on the permit and issue a logbook for the replacement vehicle.

đ) Permit fees shall be charged according to the regulations of the Ministry of Finance.

4. Revocation and reissuance of GMS Road Transport Permit for transport vehicles

a) Revocation

If during the validity period of the permit, the vehicle violates the conditions for issuance as stipulated above, the issuing authority has the right to revoke the permit already issued to the vehicle.

b) Reissuance

Upon expiration of the permit or loss of the permit, the enterprise or cooperative shall prepare an application for a new permit according to the aforementioned regulations. The expired old permit must be returned to the issuing authority.

c) The validity period of the permit is one year.

d) Sample of the permit and logbook of the vehicle's activities:

- The sample of the GMS Road Transport Permit prescribed in Appendix 8 attached hereto.

- The sample of the logbook of the vehicle's activities prescribed in Appendix 9 attached hereto.

Article 8. Freight Rates for Transportation

1. Depending on the market, the fare for fixed route passenger transportation and taxi passenger transportation by enterprises and cooperatives shall be registered with the competent financial authority.

2. Contract-based passenger transportation fares and freight rates for cargo transportation shall be determined through market mechanisms agreed upon by the parties.

Article 9. Passenger Tickets and Transportation Contracts

1. Passenger tickets, transportation contracts, and baggage consignment receipts shall be printed in both Vietnamese and English.

2. Passenger tickets and transportation contracts shall include the following contents:

a) Name and address of the carrier;

b) Departure point and destination;

c) Date of the trip and validity period of the ticket;

d) Transportation fare;

đ) Some provisions regarding the legal responsibilities of the parties involved during the transportation process.

3. Baggage registration certificates shall be printed in both Vietnamese and English and shall include the following contents:

a) Name and address of the carrier;

b) Departure point and destination;

c) Date of the trip;

d) Transportation fare;

đ) Quantity and weight of baggage;

e) Some provisions regarding the legal responsibilities of the parties involved during the transportation process.

Article 10. Effective Date

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

Article 11. Implementation Organization

manages the unified issuance of IDPs nationwide and has the following responsibilities:

a) During the pilot implementation phase of the GMS Agreement, the Ministry of Transport shall instruct the Vietnam Highway Administration to issue International Road Transport Permits to enterprises and cooperatives and GMS Road Transport Permits to vehicles based on the approved permit issuance plan by the Ministry of Transport.

b) Organize management, guidance, and inspection of road transport activities under the GMS Agreement;

c) Printing and distributing various types of National Emblem of Vietnam, Passenger Lists, International Road Transport Permits, GMS Road Transport Permits, and Logbooks of Vehicle Activities according to the models attached hereto.

2. Provincial Departments of Transport under the central government shall cooperate with the Vietnam Highway Administration to disseminate and implement this Circular to relevant agencies and enterprises under their jurisdiction.

3. In the course of implementation, if any issues arise, organizations and individuals are advised to contact the Vietnam Highway Administration for guidance and resolution. In cases exceeding the authority to resolve, the Vietnam Highway Administration shall report to the Ministry of Transport for instructions.

4. The Director of the Ministry's Office, the Inspector General, Heads of Departments under the Ministry, the Director of the Vietnam Highway Administration, Directors of Provincial Departments of Transport, and related agencies, organizations, and individuals are responsible for implementing this Circular.