Circular No. 35/2023/TT-BGTVT Amending and supplementing certain articles of Circular No. 46/2015/TT-BGTVT dated September 7, 2015, issued by the Minister of Transport regarding the load capacity, width limit of roads; operation of overloaded vehicles, oversized vehicles, and tracked vehicles on roads; transportation of extra-long and extra-heavy goods and cargo stacking limits on road transport vehicles when participating in road traffic.

CIRCULAR

Amending and supplementing some Articles of Circular No. 46/2015/TT-BGTVT dated September 7, 2015, issued by the Minister of Transport, regarding the load capacity and width limits of roads; the operation of overloaded vehicles, oversized vehicles, and tracked vehicles on roads; transportation of extra-long and extra-heavy goods, and the loading limits of goods on road transport vehicles when participating in road traffic.

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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 THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Infrastructure Department and the Director General of the Vietnam Highway Administration,

The Minister of Transport issues this Circular to amend and supplement some Articles of Circular No. 46/2015/TT-BGTVT dated September 7, 2015, issued by the Minister of Transport, regarding the load capacity and width limits of roads; the operation of overloaded vehicles, oversized vehicles, and tracked vehicles on roads; transportation of extra-long and extra-heavy goods, and the loading limits of goods on road transport vehicles when participating in road traffic.

Article 1. Amending and supplementing some Articles of Circular No. 46/2015/TT-BGTVT dated September 7, 2015, issued by the Minister of Transport, regarding the load capacity and width limits of roads; the operation of overloaded vehicles, oversized vehicles, and tracked vehicles on roads; transportation of extra-long and extra-heavy goods, and the loading limits of goods on road transport vehicles when participating in road traffic (hereinafter referred to as Circular No. 46/2015/TT-BGTVT) and Circular No. 06/2023/TT-BGTVT dated May 12, 2023, issued by the Minister of Transport, amending and supplementing some Articles of related Circulars concerning management, exploitation, use, maintenance, and protection of roads (hereinafter referred to as Circular No. 06/2023/TT-BGTVT).

1. Amending and supplementing Clause 1 of Article 3 and adding Clauses 10, 11, and 12 to Article 3 as follows:

a) Amending and supplementing Clause 1 of Article 3 as follows:

"1. The total weight (gross mass) of the vehicle includes: the weight (mass) of the vehicle itself plus the weight (mass) of specialized equipment installed on the vehicle to assist in transporting extra-long and extra-heavy goods according to the manufacturer's instructions (if any), plus the weight (mass) of people, luggage, and cargo (including containers; devices used to support, brace, and secure cargo) loaded onto the vehicle (if any).";

b) Adding Clause 10 to Article 3 as follows:

"10. The Department of Transport includes the Departments of Transport and Construction of provinces and centrally-administered cities.";

c) Adding Clause 11 to Article 3 as follows:

"11. Enterprises investing in construction and managing operation of road projects are public-private partnership (PPP) enterprises and enterprises assigned by the State to invest in construction, manage, and operate road projects.";

d) Adding Clause 12 to Article 3 as follows:

"12. A unit load is one consignment of goods still sealed with lead seals, stamped by customs, security, or defense agencies, or one construction component, or one complete piece of equipment, machinery.";

2. Amending and supplementing Clause 2 and Clause 3 of Article 4 as follows:

a) Amending and supplementing Clause 2 of Article 4 as follows:

"2. The operational load-bearing capacity of bridges is determined based on the bridge design documents and the actual technical condition of the bridge, published by the competent authority or indicated by one of the following traffic signs as prescribed:

a) The sign indicating "Limit on Total Vehicle Weight";

b) The sign indicating "Restricted Vehicle Type Over Bridge";

c) The sign indicating "Axle Load Limit Over Bridge".";

b) Amend and supplement Clause 3 of Article 4 as follows:

"3. The operational load-bearing capacity of roads is determined based on the road surface design documents and the actual technical condition of the road, published by the competent authority or indicated by the sign "Axle Load Limit" as prescribed for traffic signs.";

3. Amending and supplementing Clause 2 and Clause 3 of Article 5 as follows:

a) Amend and supplement Clause 2 of Article 5 as follows:

"2. The height limit for roads is 4.75 meters for expressways, first, second, and third-class roads, and 4.5 meters for fourth-class roads or lower, or indicated by the sign "Height Limit" as prescribed for traffic signs.";

"3. Purchasing and selling electronic stamps for alcohol and tobacco products

"3. The width limit for roads is the lane width limit that allows vehicles, including cargo-loaded vehicles, to pass safely, depending on the technical grade of the road and the terrain of the road route.";

4. Amending and supplementing Article 6 (which has been amended and supplemented at Clause 1 of Article 10 of Circular No. 06/2023/TT-BGTVT) as follows:

"Article 6. Announcing the load capacity and width limits of roads and the technical condition of level crossings

1. The Vietnam Highway Administration is responsible for announcing the load capacity and width limits of national highways (except for cases stipulated in Clause 2 and Clause 4 of this Article); updating the load capacity and width limits of roads and the technical condition of level crossings nationwide based on information provided by the authorities and persons with the right to announce as stipulated in Clause 2, Clause 3, and Clause 4 of this Article on the Vietnam Highway Administration’s Official Website.

2. The Vietnam Expressway Administration is responsible for announcing the load capacity and width limits of expressways under its classification and delegation on the Vietnam Expressway Administration’s Official Website; simultaneously sending data to the Vietnam Highway Administration for updating on the Vietnam Highway Administration’s Official Website.

3. The Vietnam Railway Administration is responsible for announcing the technical condition of level crossings in the railway network on the Vietnam Railway Administration’s Official Website; simultaneously sending data to the Vietnam Highway Administration for updating on the Vietnam Highway Administration’s Official Website.

4. The Chairman of the Provincial People's Committee announces the load capacity and width limits of roads managed by the locality (including PPP road projects on the national highway system where the Provincial People's Committee is the competent authority) on the Provincial People's Committee’s Official Website. After the Chairman of the Provincial People's Committee announces the load capacity and width limits of roads within their authority, the Department of Transport (a specialized agency under the Provincial People's Committee) sends data to the Vietnam Highway Administration for updating on the Vietnam Highway Administration’s Official Website.

5. The agencies and authorities specified in Clauses 1, 2, 3, and 4 of this Article shall publicly announce information on the permissible load and width limits for roads according to the model prescribed in Appendix 7 issued together with this Circular.

5. Amend and supplement Article 7 (which has been amended and supplemented in Clause 2 of Article 10 of Circular No. 06/2023/TT-BGTVT) as follows:

“Article 7. Adjustment of Public Announcement of Load Limits and Width Restrictions for Roads and Technical Condition of Level Crossings

1. The Vietnam Highway Administration shall be responsible for updating the load limits and width restrictions for roads and the technical condition of level crossings nationwide on its official website annually (before March 20 each year). In case of sudden changes in load limits and width restrictions for roads, the Vietnam Highway Administration shall be responsible for updating such information on its official website within no more than five working days from the date of receiving reports from the Road Management Zones and other agencies specified in Clauses 2, 3, 4, and 5 of this Article.

2. The Vietnam Expressway Corporation shall be responsible for updating the load limits and width restrictions for expressways under its classification and authorization on its official website, and simultaneously send data to the Vietnam Highway Administration to update on the Vietnam Highway Administration's official website annually (before March 15 each year) and promptly within no more than five working days from the date of changes in load limits and width restrictions for roads in cases where bridges or roads suffer accidents, deterioration, or have been repaired, improved, upgraded, and put into operation.

3. The Vietnam Railway Administration shall be responsible for updating the technical condition of level crossings in the railway network on its official website, and simultaneously send data to the Vietnam Highway Administration to update on the Vietnam Highway Administration's official website annually (before March 15 each year) and promptly within no more than five working days from the date of changes in the technical condition of level crossings in cases where level crossings suffer accidents, deterioration, or have been repaired, improved, upgraded, and put into operation.

4. After the Chairman of the Provincial People's Committee publicly announces the load limits and width restrictions for roads within their authority, the Department of Transport (a specialized agency under the Provincial People's Committee) shall be responsible for organizing the update of the load limits and width restrictions for roads managed by the locality (including highway projects invested in through public-private partnership on the national road system where the Provincial People's Committee is the competent authority) on the Department of Transport's official website; and simultaneously send data to the Vietnam Highway Administration to update on the Vietnam Highway Administration's official website annually (before March 15 each year) and promptly within no more than five working days from the date of changes in load limits and width restrictions for roads in cases where bridges or roads suffer accidents, deterioration, or have been repaired, improved, upgraded, and put into operation.

5. Enterprises investing in and managing the operation of road works shall be responsible for updating the load limits and width restrictions for road sections within their management scope; and simultaneously send data to the Department of Transport (for roads managed by localities, including highway projects invested in through public-private partnership on the national road system where the Provincial People's Committee is the competent authority), the Vietnam Highway Administration (for national highways), and the Vietnam Expressway Corporation (for expressways under classification and authorization) to publish (within their authority) and update on the official websites of the Department of Transport, the Vietnam Highway Administration, and the Vietnam Expressway Corporation annually (before March 10 each year) and promptly within no more than five working days from the date of changes in load limits and width restrictions for roads in cases where bridges or roads suffer accidents, deterioration, or have been repaired, improved, upgraded, and put into operation.

6. For bridges on routes or sections of roads that have been announced but not yet upgraded synchronously with the announced load limits and width restrictions for roads, the road management agency must place signs indicating the actual load limit and width restriction of the bridge.

6. Amend and supplement Clause 3 of Article 8 as follows:

“3. In cases where it is necessary to transport indivisible cargo or operate vehicles with total weight and dimensions exceeding the load limits and width restrictions for roads on roads, the vehicle owner, the person hiring transportation, or the vehicle operator must develop a transportation plan and request the competent authority to issue a Vehicle Operation Permit before the vehicle participates in traffic on the road.”

6 ||| 7. Amend and supplement Article 9 as follows:

“Article 9. Provisions on Overloaded Vehicles and Oversized Vehicles Operating on Roads

1. An overloaded vehicle (hereinafter referred to as an overloaded vehicle) is a motor vehicle belonging to at least one of the following categories:

a) Having a total weight (gross weight) of the vehicle exceeding the value indicated on the "total weight limit" sign or the "vehicle type restricted over bridge" sign at a location where one of these two types of signs is present;

b) Having a total weight (gross weight) of the vehicle exceeding the limit on the total weight of the vehicle as stipulated in Article 17 of this Circular at a location where neither of the two types of signs mentioned in point a of this clause is present;

c) Having an axle load exceeding the value indicated on the "axle load limit" sign or the "axle load restricted over bridge" sign at a location where one of these two types of signs is present;

d) Having an axle load exceeding the limit on the axle load as stipulated in Article 16 of this Circular at a location where neither of the two types of signs mentioned in point c of this clause is present.

2. A vehicle exceeding the road transport size limit (hereinafter referred to as an oversized vehicle) is a motorized road transport vehicle whose dimensions including cargo on the vehicle (if any) fall under at least one of the following cases:

a) The length exceeds the value indicated on the "Length Limit for Vehicles" sign or the "Length Limit for Motorized Vehicles Towing Trailers or Semi-trailers" sign at locations where either of these signs is present;

b) The length is greater than 20 meters or more than 1.1 times the total length of the vehicle at locations where neither of the signs specified in point a of this clause is present;

c) The width exceeds the value indicated on the "Width Limit for Vehicles" sign at locations where such a sign is present;

d) The width is greater than 2.5 meters at locations where the sign specified in point c of this clause is not present;

đ) The height measured from the road surface exceeds the value indicated on the "Height Limit" sign at locations where such a sign is present;

e) The height measured from the road surface is greater than 4.2 meters for vehicles carrying large containers over 4.35 meters at locations where the sign specified in point đ of this clause is not present.

3. A specialized machine with a total weight of the vehicle, axle load of the vehicle falling under at least one of the cases stipulated in Clause 1 of Article 1 of this Law or dimensions including cargo falling under at least one of the cases stipulated in Clause 2 of Article 1 of this Law when participating in road traffic shall be considered an overloaded or oversized vehicle.

8. Amend and supplement some points and clauses of Article 11 as follows:

a) Supplement Point c to Clause 2 of Article 11 as follows:

“c) There must be people and vehicles supporting traffic safety when traveling through reinforced construction sites on roads, sections of roads with obstructed visibility, two-lane roads where each lane has only one lane of traffic, or one-lane roads where other vehicles have difficulty overtaking or passing the vehicle;”

b) Supplement Point d to Clause 2 of Article 11 as follows:

“d) Cargo on the vehicle must be securely braced, tied down, or fastened according to the manufacturer's instructions to ensure safety during road traffic.”

c) Amend and supplement Clause 3 of Article 11 as follows:

“3. It is not permitted to travel on roads for vehicles transporting goods that exceed the permissible cargo weight of the vehicle as designed, recorded in the Vehicle Safety Technical Inspection and Environmental Protection Certificate.”

d) Supplement Clause 4 to Article 11 as follows:

“4. When traveling with vehicles transporting two or more cargo units, the provisions of Clauses 1, 2, and 3 of this Article must be followed and the following conditions must be met:

a) The transported goods are indivisible goods with one or two dimensions exceeding the size limits for oversized goods, and after being loaded onto the transport vehicle, the overall length of the vehicle (including cargo on the vehicle) exceeds 1.1 times the total length of the vehicle, automobile, or specialized machine;

b) The total weight and axle load of the vehicle do not exceed the road load limit;

c) When stacking two or more cargo units vertically, the height of the stacked cargo must comply with the regulations set forth in Article 18 of this Circular;

d) When stacking two or more cargo units horizontally, it must not exceed the length of the cargo bed and the overall width of the stacked cargo must not exceed 20.0 meters (from the frontmost point of the vehicle's front end to the rearmost point of the cargo);

đ) When stacking two or more cargo units side by side, it must not exceed the width of the cargo bed and the overall width of the stacked cargo must not exceed 2.5 meters.”

9. Amend and supplement some points and clauses of Article 14 as follows:

a) Amend and supplement Clause 1 of Article 14 as follows:

“1. Organizations and individuals who need to travel with vehicles transporting oversized and overweight goods shall choose the route, type of transport vehicle (including special equipment installed on the vehicle according to the manufacturer's instructions to assist in transporting oversized and overweight goods), and cargo loading plan based on the type of goods and transportation location (origin and destination) to ensure traffic safety and safety of road infrastructure. Traveling with vehicles transporting oversized and overweight goods on roads must comply with the provisions of Article 11 of this Circular.”

b) Amend and supplement Clause 2 of Article 14 as follows:

“2. Organizations and individuals who are the owners of the vehicle, drivers, or those hiring transportation services and controlling the vehicle when transporting oversized and overweight goods on roads must comply with the following regulations:

a) Adhere to the conditions listed in the Road Transport Permit;

b) Implement measures to warn and ensure traffic safety and follow the guidance of personnel supporting traffic safety (if any);

c) Only carry one indivisible cargo unit.”

c) Amend and supplement Clause 3 of Article 14 as follows:

“3. Situations requiring personnel and vehicles to support traffic safety include:

a) Any of the vehicle dimensions including cargo, including: width greater than 3.5 meters; length greater than 25 meters;

b) Traveling through reinforced construction sites on roads, sections of roads with obstructed visibility, two-lane roads where each lane has only one lane of traffic, or one-lane roads where other vehicles have difficulty overtaking or passing the vehicle;

c) Traveling on sections of roads that are damaged, deteriorated, or subject to unforeseen events.”

d) Supplement Clause 5 to Article 14 as follows:

“5. In cases where the road does not ensure safe passage for vehicles transporting oversized and overweight goods, organizations and individuals who need to travel with such vehicles must reinforce the road. After reinforcement, the road must be inspected, accepted, and a report on the completion of the road reinforcement project must be submitted before putting the project into operation.”

10. Amend and supplement Clause 1, Point a of Clause 2, Clause 3, Points a and b of Clause 4 of Article 20 as follows:

a) Amend and supplement Clause 1 of Article 20 as follows:

"1. A Permit for Overweight Vehicles, Oversized Vehicles, Tracked Vehicles, and Extra Long and Heavy Cargo Transport Vehicles (hereinafter referred to as Vehicle Operation Permit) on roads shall only be issued in cases where the vehicle owner, the cargo transporter, or the vehicle operator, after investigation and survey, submit a request clearly stating that there are no other transportation options available (including maritime, air, rail, and inland waterway transport) or that it is not possible to use other types of road motor vehicles suitable for transporting on roads."

b) Amend and supplement point a, Clause 2, Article 20 as follows:

“a) Select reasonable routes and sections of roads based on ensuring traffic safety and safety for road structures; issue a Vehicle Operation Permit for each specific route or section of road, either one-way or two-way, from the departure location to the destination and vice versa for each individual shipment or batch of shipments (in cases of multiple shipments with dimensions exceeding limits, total weight, and axle load equivalent on the same route).”

c) Amend and supplement Clause 3, Article 20 as follows:

“3. In cases where the operation of vehicles requires surveys, inspections, reinforcement of roads, or where the operation of vehicles affects the structure of road works, traffic safety systems, toll stations, or other permitted construction projects on road land, the organizations or individuals requesting vehicle operation must bear full responsibility and pay all related costs. The competent authority shall only issue a Vehicle Operation Permit after the organization or individual has completed the aforementioned tasks.”

d) Amend and supplement point a, Clause 4, Article 20 as follows:

“a) Overweight Vehicles, Oversized Vehicles, and Extra Long and Heavy Cargo Transport Vehicles when operating do not have to comply with mandatory conditions such as driving in designated lanes, having personnel or vehicles to ensure traffic safety, or reinforcing the road: if operating on roads that have been comprehensively improved and upgraded, the validity period of the Vehicle Operation Permit shall not exceed ninety days; if operating on roads that have not been comprehensively improved and upgraded, the validity period of the Vehicle Operation Permit shall not exceed thirty days;”

đ) Amend and supplement point b, Clause 4, Article 20 as follows:

“b) Overweight Vehicles, Oversized Vehicles, and Extra Long and Heavy Cargo Transport Vehicles when operating must comply with mandatory conditions such as driving in designated lanes, having personnel or vehicles to ensure traffic safety, or reinforcing the road: the validity period of the Vehicle Operation Permit shall not exceed thirty days;”

11. Amend and supplement Clause 1, point d, Clause 2, Clause 3, and Clause 4, Article 21 as follows:

a) Amend and supplement Clause 1, Article 21 as follows:

“Organizations or individuals requesting issuance of a Vehicle Operation Permit shall prepare one set of documents and submit them directly or through postal services or online to the competent authority issuing the Vehicle Operation Permit as stipulated in Article 22 of this Circular.”

b) Amend and supplement point d, Clause 2, Article 21 as follows:

“d) The transportation plan includes the following contents: information about the transportation route; information about the transportation vehicle; information about the goods being transported, confirmed by the consignor, including dimensional parameters such as length, width, and height (L x W x H) meters; weight, images (if any); transportation contract or consignor's designation of the transportation unit or hired transportation unit; report on survey results (for cases requiring surveys); report on completion of road reinforcement (for cases requiring road reinforcement).”

c) Amend and supplement Clause 3, Article 21 as follows:

“3. The competent authority shall conduct a review of the document components and examine the file within two working days from the date of receipt of the file (including cases requiring surveys or road reinforcement).

a) If the file is incomplete according to regulations, within one working day from the date of completing the file review, the competent authority shall notify and guide in writing for organizations or individuals to supplement and complete the file;

b) If the file is complete according to regulations, within one working day from the date of completing the file review, the competent authority shall issue a Vehicle Operation Permit according to the corresponding form specified in Appendices 3 and 4 of this Circular or send a written notice to the organization or individual explaining the reasons for not issuing the Vehicle Operation Permit.”

d) Amend and supplement Clause 4, Article 21 as follows:

“4. On sections or routes of roads that have been surveyed or reinforced, the competent authority issuing the Vehicle Operation Permit as stipulated in Article 22 of this Circular may use the survey result report (for cases requiring surveys) or the report on completion of road reinforcement (for cases requiring road reinforcement) within six months from the date of preparing the report to serve the issuance of Vehicle Operation Permits for overweight vehicles, oversized vehicles, and extra long and heavy cargo transport vehicles with dimensions (including external dimensions, total weight, and axle load) equivalent to or smaller than those of the previously issued Vehicle Operation Permit when operating on these sections or routes of roads.”

12. Amend and supplement Article 22 (which has been amended and supplemented at Clause 3, Article 10 of Circular No. 06/2023/TT-BGTVT) as follows:

“Article 22. Competence to Issue Vehicle Operation Permits

1. Provincial Department of Transportation shall issue Vehicle Operation Permits for overweight vehicles, oversized vehicles, extra long and heavy cargo transport vehicles, and tracked vehicles on the national road network within their province’s jurisdiction for the following cases (excluding cases stipulated in point c, Clause 2 and Clause 3 of this Article):

a) Organizations or individuals requesting issuance of a Vehicle Operation Permit have their business registration address or operational address within the same provincial jurisdiction as the Provincial Department of Transportation;

b) The vehicle or cargo carried on the vehicle requested to be issued a Vehicle Operation Permit has its departure or arrival location within the same provincial jurisdiction as the Provincial Department of Transportation.

2. The Road Management Zone issues permits for oversize, overweight vehicles, vehicles transporting exceptionally long or heavy cargo, and tracked vehicles on the national road network under the following circumstances (excluding those specified in Clause 3 of this Article):

a) Organizations or individuals requesting vehicle permits have their business registration address or operational registration address within the same administrative area managed by the Road Management Zone.

b) The vehicle or goods carried by the vehicle requested to be issued a permit has its origin or destination located within the same administrative area managed by the Road Management Zone.

c) For security, defense, disaster prevention and control, search and rescue operations, and national key projects and energy projects: the vehicle's origin and destination or the goods carried by the vehicle requested to be issued a permit are located within the same administrative area managed by the Road Management Zone.

3. The Vietnam Highway Administration issues permits for oversize, overweight vehicles, vehicles transporting exceptionally long or heavy cargo, and tracked vehicles on the national road network under the following circumstances for security, defense, disaster prevention and control, search and rescue operations, and national key projects and energy projects where the vehicle's origin and destination or the goods carried by the vehicle requested to be issued a permit are not located within the same administrative area managed by a Road Management Zone.

4. Departments of Transport and Road Management Zones, when issuing vehicle permits according to the authority stipulated in Clauses 1 and 2 of this Article, shall notify relevant Departments of Transport and Road Management Zones (managing areas with the business registration address or operational registration address of organizations or individuals receiving vehicle permits; managing areas with the origin and destination of the vehicle or goods carried by the vehicle receiving vehicle permits).

Article 2. Amending, supplementing, and replacing certain phrases, Appendices promulgated together with Circular No. 46/2015/TT-BGTVT

1. Replace the phrase "having one of the external dimensions" with the phrase "having at least one of the external dimensions" in the name of Clause 1, Article 12.

2. Replace the phrase "Special purpose vehicles and container-carrying vehicles" with the phrase "Container-carrying vehicles" in Clause 3, Article 18.

3. Replace Appendix 1, Appendix 2, Appendix 3, Appendix 4, Appendix 5A, Appendix 5B, Appendix 5C, and Appendix 6 promulgated together with Circular No. 46/2015/TT-BGTVT respectively with Appendix I, Appendix II, Appendix III, Appendix IV, Appendix V, Appendix VI, Appendix VII, and Appendix VIII promulgated together with this Circular.

4. Supplement Appendix 7 into Circular No. 46/2015/TT-BGTVT with Appendix IX promulgated together with this Circular.

Article 3. Transitional Provisions

1. Applications for vehicle permits submitted and accepted by the competent authority before the effective date of this Circular shall be processed according to the provisions of Circular No. 46/2015/TT-BGTVT and Circular No. 06/2023/TT-BGTVT.

2. Vehicle permits issued by the competent authority before the effective date of this Circular shall continue to be valid until their expiration date as stated on the permit.

Article 4. Implementation provisions

1. This Circular takes effect from February 1, 2024.

2. The Director of the Ministry’s Office, the Director of the Ministry’s Inspectorate, Heads of Departments, the Director of the Vietnam Highway Administration, the Director of the Vietnam Expressway Administration, the Director of the Vietnam Vehicle Inspection Administration, the Director of the Vietnam Railway Administration, the Director of the Department of Transport and Construction, the Directors of Provincial and Central City Departments of Transport, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.