Circular No. 29/2020/TT-BGTVT amends and supplements certain Articles of Circular No. 23/2012/TT-BGTVT dated June 29, 2012, issued by the Minister of Transport guiding the implementation of the Agreement and Protocol on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.

CIRCULAR

Amending and supplementing some articles of Circular No. 23/2012/TT-BGTVT dated June 29, 2012, issued by the Minister of Transport guiding the implementation of the Agreement and Protocol on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.

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Implementing the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China signed on November 22, 1994, and the Protocol amending the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China signed on October 11, 2011 (hereinafter referred to as the Agreement).

Implementing the Protocol between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China on the implementation of the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China signed on October 11, 2011 (hereinafter referred to as the Protocol).

Implementing the Memorandum of Understanding between the Ministry of Transport of the Socialist Republic of Vietnam and the Ministry of Transport of the People's Republic of China on establishing an international road transport permit system signed on May 30, 2012;

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 request of the Director of the Department of International Cooperation and the Director General of the Vietnam Highway Administration,

The Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 23/2012/TT-BGTVT dated June 29, 2012, issued by the Minister of Transport guiding the implementation of the Agreement and Protocol on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.

Circular No. 03/2023/TT-BCA Circular No. 23/2012/TT-BGTVT dated June 29, 2012, issued by the Minister of Transport guiding the implementation of the Agreement and Protocol on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China

1. Amend the name of Article 5 as follows:

"Article 5. Bus stations for passengers, bus stations for goods, parking lots, rest stops of Vietnam, passenger list model serving Vietnam-China road transport activities"

2. Supplement Clause 4 of Article 5 as follows:

"4. The passenger list model for regular and non-regular passenger transport is prescribed in Appendix IVb and Appendix IVc of this Circular."

3. Amend Point b Clause 2 of Article 6 as follows:

"b) Inspect vehicles and confirm on the Transport Permit when Vietnamese and Chinese vehicles enter and exit at border gates."

4. Amend Points b and c Clause 1 of Article 8 as follows:

"b) Copy of the Road Transport Business License;

c) List of vehicles accompanied by copies of vehicle registration certificates;"

In case the vehicle does not belong to the enterprise or cooperative, submit additionally a copy of one of the following documents: Vehicle rental agreement with organizations or individuals in writing, service agreement between members and cooperatives, or business cooperation agreement;"

5. Amend Clause 2 of Article 10 as follows:

"2. Departments of Transport, Departments of Transport and Construction of provinces: Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh, and Lao Cai issue:

a) Type A, B, and C Transport Permits;

b) Type F and G Transport Permits from the second time onwards in a year."

6. Amend Article 11 as follows:

"1. Procedure for issuing introduction letters for requesting issuance of type D Transport Permits, type A, E, or B, C, F, G Transport Permits for the first time in a year

a) Organizations and individuals submit one set of application files to the issuing authority. The issuing authority receives the files, checks them; if the files need to be supplemented or amended, the issuing authority directly informs or sends a written notice or notifies through the online public service system about the incomplete or required amendments within one working day from the date of receipt of the files;

b) Within two working days from the date of receiving complete files in accordance with regulations, the issuing authority issues an introduction letter for requesting issuance of type D Transport Permit or issues the Transport Permit according to its authority;

c) After issuing the first type F and G Transport Permits in a year, the Vietnam Highway Administration informs the list of transport vehicles that have been granted permits to the Departments of Transport, Departments of Transport and Construction."

2. Procedure for issuing Type B, C, F, G Transport Permits from the second time onwards in a year

a) Drivers present the vehicle registration certificate to the Departments of Transport, Departments of Transport and Construction;

b) Based on the list of transport vehicles that have been granted permits, the Departments of Transport, Departments of Transport and Construction compare the vehicle registration certificates and issue Transport Permits in accordance with Clause 2 of Article 10 of this Circular."

6. Amend and supplement Point b Clause 1 of Article 12 as follows:

"b) For type B, C, F, G Transport Permits: Annually, at the time of requesting issuance of the first permit of the year, enterprises and cooperatives prepare application files including Points a and c Clause 1 of Article 8 of this Circular and send them to the issuing authority. During the year, if the old Transport Permit expires, enterprises and cooperatives (through drivers) present the vehicle registration certificate to the Departments of Transport, Departments of Transport and Construction to obtain a new Transport Permit for the next trip."

7. Amending and supplementing Article 17 as follows:

          “Article 17. Revocation of Transport Permit and Approval Documents for Operating Passenger Transport Routes

1. Enterprises and cooperatives shall have their transport permits revoked when they violate any of the following circumstances:

a) Failing to comply with the contents recorded in the transport permit or violating regulations on transport management activities;

b) The vehicle's license plate and identification signs being revoked;

c) Being revoked the business operation permit for automobile transportation;

d) Failing to implement the reporting system for Vietnam-China road passenger transport operations as prescribed.

2. Procedures and formalities for revoking transport permits

a) The issuing authority shall issue a document to revoke the transport permit issued by itself when enterprises or cooperatives violate any of the circumstances stipulated in Clause 1 of this Article;

b) Within five working days from the date the issuing authority issues the document to revoke the transport permit, enterprises or cooperatives must return the revoked transport permit to the issuing authority;

c) Within the specified period, if enterprises or cooperatives fail to return the revoked transport permit to the issuing authority, the issuing authority shall notify relevant authorities to handle the matter according to regulations.

3. Enterprises and cooperatives operating regular international passenger transport between Vietnam and China shall have their approval documents for operating passenger transport routes between Vietnam and China revoked when they violate any of the following circumstances:

a) Violating business conditions causing serious impact on service quality and transport safety;

b) Being found to intentionally falsify information in the application documents for route exploitation;

c) Failing to comply with any of the contents of the approval document for route exploitation;

d) Not conducting regular international passenger transport between Vietnam and China within six months from the date of approval for route exploitation or ceasing such operations continuously for six months;

đ) Conducting business not in accordance with the contents recorded in the transport permit;

e) Being revoked the business operation permit for automobile transportation.

4. Procedures and formalities for revoking approval documents for route exploitation

a) The issuing authority shall issue a document to revoke the approval for route exploitation issued by itself when enterprises or cooperatives violate any of the circumstances stipulated in Clause 3 of this Article;

b) Within five working days from the date the issuing authority issues the document to revoke the approval for route exploitation, enterprises or cooperatives must cease regular international passenger transport operations on the route and return the revoked transport permit to the issuing authority;

c) Within the specified period, if enterprises or cooperatives fail to cease regular international passenger transport operations on the route and return the revoked transport permit to the issuing authority, the issuing authority shall notify relevant authorities to handle the matter according to regulations.”

8. Amend and supplement Article 20 as follows:

Article 20. Reporting System

1. Provincial Departments of Transportation and Construction have the responsibility to report to the General Department of Highway Administration about the situation of Vietnam-China road transport operations in their locality. Details of the report are as follows:

a) Report Title: Report on the Results of Vietnam-China Road Transport Operations;

b) Content Required for Reporting: Results of Vietnam-China road transport operations according to the outline template prescribed at point g of this clause;

c) Method of Sending and Receiving Reports: Reports can be submitted in paper form or electronic format. They can be sent directly, through postal services, via email systems, or other methods as prescribed by law;

d) Frequency of Reporting: Annually;

đ) Deadline for Submitting Reports: Before January 20 of the following year;

e) Time Period for Finalizing Report Data: From January 1 to December 31 of the reporting year;

g) Outline Template for Reports: According to Appendix XVII of this Circular.

2. Enterprises and cooperatives operating Vietnam-China road transport have the responsibility to report to the General Department of Highway Administration, Provincial Departments of Transportation, and Construction about the situation of Vietnam-China road transport operations of their units. Details of the report are as follows:

a) Report Title: Report on the Results of Vietnam-China Road Freight and Passenger Transport Operations;

b) Content Required for Reporting: Results of Vietnam-China road freight and passenger transport operations according to the outline template prescribed at point g of this clause;

c) Method of Sending and Receiving Reports: Reports can be submitted in paper form or electronic format. They can be sent directly, through postal services, via email systems, or other methods as prescribed by law;

d) Frequency of Reporting: Semi-annually;

đ) Deadline for Submitting Reports: Before July 10 for semi-annual reports covering the first half of the year and before January 10 of the following year for semi-annual reports covering the second half of the year;

e) Time Period for Finalizing Report Data: From January 1 to June 30 of the reporting period for semi-annual reports covering the first half of the year and from July 1 to December 31 of the reporting period for semi-annual reports covering the second half of the year;

g) Outline Template for Reports: Report on the results of passenger transport operations of enterprises and cooperatives as prescribed in Appendix XV of this Circular; report on the results of freight transport operations of enterprises and cooperatives as prescribed in Appendix XVI of this Circular”.

9. Replace Appendix IVb and Appendix IVc issued together with Circular No. 23/2012/TT-BGTVT dated June 29, 2012, guiding the implementation of the Agreement and Protocol on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China, corresponding to Appendices I and II issued together with this Circular.

Article 2. Effective Date

1. This Circular takes effect from December 16, 2020.
2. Abolish point a of Clause 2, Article 6, Article 7, point đ of Clause 1 and point đ of Clause 2, Article 8, Clause 3, Article 10, Clause 6, Article 18 of Circular No. 23/2012/TT-BGTVT dated June 29, 2012, guiding the implementation of the Agreement and Protocol on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.
3. Replace the phrase "Department of Transport" in Clause 1 of Article 6, Clause 4 of Article 13, Clause 5 of Article 14, and Clauses 1 and 2 of Article 19 of Circular No. 23/2012/TT-BGTVT dated June 29, 2012, issued by the Minister of Transport guiding the implementation of the Agreement and Protocol on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China with the phrase "Department of Transport, Department of Transport - Construction".
4. For transport permits already issued by border gate transport management stations before the date this Circular takes effect shall continue to be valid until their expiration date.

This Circular takes effect from December 25, 2025/.

The Head of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Highway Corporation, Directors of Provincial Departments of Transport and Construction under centrally governed cities, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.