Circular No. 36/2020/TT-BGTVT Amending and supplementing certain provisions of Circulars on regular reporting regimes in the road transport sector

CIRCULAR

Amending and supplementing certain articles of Circulars on periodic reporting regulations in the road sector

 Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting regime of agencies;June 2024;Decision No. 01/2019/ND-CP of the Government on the reporting regime of administrative agenciesJune 2024;of the state"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh nhà nướeasures;

At the request of the Director of the Departmentamendn phòng Bộ n and the Director General of the Vietnam Highway Corporation;

The Minister of Transport issues this Circular amending and supplementing certain articles of Circulars on periodic reporting regulations in the road sector.

1. Amending and supplementing Article 20 as follows:

"Article 20. Reporting System

1. Report on the operation of road passenger and cargo transport enterprises and cooperatives

a) Name of report: Report on the operation of Vietnam-Laos road transport.

b) Content required for the report: Results of Vietnam-Laos road passenger and cargo transport operations.

c) Reporting entity: Enterprises and cooperatives operating Vietnam-Laos road transport.

d) Receiving agency: Vietnam Road Administration, Department of Transport, Department of Transport and Construction.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of reporting: Semi-annually.

g) Deadline for submitting reports: Before July 5 of the reporting period for the first six months' report and before January 5 of the following year for the second six months' report.

h) Period for finalizing report data: From January 1 to June 30 of the reporting period for the first six months' report and from July 1 to December 31 of the reporting period for the second six months' report.

i) Outline of the report: Passenger transport results as stipulated in Appendix 18 of this Circular; Cargo transport results as stipulated in Appendix 19 of this Circular.

2. Report on the organization and management of transport activities at the local level

a) Name of report: Report on the operation of Vietnam-Laos road transport.

b) Content required for the report: Results of Vietnam-Laos road passenger and cargo transport operations.

c) Reporting entity: Department of Transport, Department of Transport and Construction.

d) Receiving agency: Vietnam Road Administration.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of reporting: Semi-annually.

g) Deadline for submitting reports: Before July 10 of the reporting period for the first six months' report and before January 10 of the following year for the second six months' report.

h) Period for finalizing report data: From January 1 to June 30 of the reporting period for the first six months' report and from July 1 to December 31 of the reporting period for the second six months' report.

i) Outline of the report: As stipulated in Appendix 20 of this Circular.

3. Report on the organization and management of transport activities nationwide

a) Name of report: Report on the operation of Vietnam-Laos road transport.

b) Content required for the report: Results of Vietnam-Laos road passenger and cargo transport operations.

c) Reporting entity: Vietnam Road Administration.

d) Receiving agency: Ministry of Transport.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of reporting: Semi-annually.

g) Deadline for submitting reports: Before July 15 of the reporting period for the first six months' report and before January 15 of the following year for the second six months' report.

h) Period for finalizing report data: From January 1 to June 30 of the reporting period for the first six months' report and from July 1 to December 31 of the reporting period for the second six months' report.

i) Outline of the report: As stipulated in Appendix 21 of this Circular."

2. Abolishing point b Clause 2 Article 21.

1. Amend and supplement Article 21 as follows:

"Article 21: Reporting System

1. Report on the operation of road passenger and cargo transport enterprises and cooperatives

a) Report Name: Report on the operation of road transport between Vietnam and Cambodia.

b) Content Required for Reporting: Results of passenger and cargo road transport operations between Vietnam and Cambodia.

c) Reporting Entity: Enterprises and cooperatives engaged in road transport between Vietnam and Cambodia.

d) Receiving Authority: General Department of Transportation of Vietnam, Department of Transport and Construction.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of reporting: Semi-annually.

g) Deadline for submitting reports: Before July 5 of the reporting period for the first six months' report and before January 5 of the following year for the second six months' report.

h) Period for finalizing report data: From January 1 to June 30 of the reporting period for the first six months' report and from July 1 to December 31 of the reporting period for the second six months' report.

i) Outline of the report: Passenger transport results as stipulated in Appendix 18 of this Circular; Cargo transport results as stipulated in Appendix 19 of this Circular.

2. Report on the organization and management of transport activities at the local level

a) Report Name: Report on the operation of road transport between Vietnam and Cambodia.

b) Content Required for Reporting: Results of passenger and cargo road transport operations between Vietnam and Cambodia.

c) Reporting entity: Department of Transport, Department of Transport and Construction.

d) Receiving agency: Vietnam Road Administration.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of reporting: Semi-annually.

g) Deadline for Submission: Before July 10 of the reporting period for the first six months' periodic report and January 10 of the following year for the second six months' periodic report.

h) Period for finalizing report data: From January 1 to June 30 of the reporting period for the first six months' report and from July 1 to December 31 of the reporting period for the second six months' report.

i) Outline of the report: As stipulated in Appendix 20 of this Circular.

3. Report on the organization and management of transport activities nationwide

a) Report Name: Report on the operation of road transport between Vietnam and Cambodia.

b) Content Required for Reporting: Results of passenger and cargo road transport operations between Vietnam and Cambodia.

c) Reporting entity: Vietnam Road Administration.

d) Receiving agency: Ministry of Transport.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of reporting: Semi-annually.

g) Deadline for submitting reports: Before July 15 of the reporting period for the first six months' report and before January 15 of the following year for the second six months' report.

h) Period for finalizing report data: From January 1 to June 30 of the reporting period for the first six months' report and from July 1 to December 31 of the reporting period for the second six months' report.

i) Outline of the report: As stipulated in Appendix 21 of this Circular."

2. Repeal Point k Clause 1 and Point c Clause 2 of Article 22.

Article 3. Amend, supplement, and repeal some articles of Circular No. 09/2015/TT-BGTVT dated April 15, 2015, issued by the Minister of Transport, stipulating the provision, management, and use of data from vehicle tracking devices as follows:

1. Amend and supplement Clause 13 of Article 8 as follows:

"13. Provide analyzed and summarized data on the website of the General Department of Transportation of Vietnam and report as follows:

a) Report Name: Report on violations in road transport activities through data from vehicle tracking devices.

b) Content Required for Reporting: Results of road transport activities.

c) Reporting entity: Vietnam Road Administration.

d) Receiving agency: Ministry of Transport.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of Reporting: Monthly.

g) Deadline for Submission: Before the 15th day of the month following the reporting period.

h) Data Closure Period: From the 1st to the last day of the reporting month.

i) Reporting Data Form: As prescribed in Appendix 22 of this Circular."

2. Amend and supplement Clause 8 of Article 9 as follows:

"8. Implement the reporting system as follows:

a) Report Name: Report on the results of handling violations by localities and transport businesses.

b) Content Required for Reporting: Report on the results of handling violations by localities and transport businesses.

c) Reporting Entity: Departments of Transport and Construction of provinces and centrally-administered cities.

d) Receiving agency: Vietnam Road Administration.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of Reporting: Monthly.

g) Deadline for Submission: Before the 5th day of the month following the reporting period.

h) Data Closure Period: From the 1st to the last day of the reporting month.

i) Reporting Data Form: As prescribed in Appendix 23 of this Circular."

3. Repeal Clause 9 of Article 10.

"Article 25. Reporting System

1. For the central road system

a) Report Name: Report on the management and maintenance of road construction works.

b) Content Required for Reporting: Results of management and maintenance of road construction works.

c) Reporting Entity: General Department of Transportation of Vietnam; Highway Management Agency, units authorized to manage national highways.

d) Receiving Authority: Ministry of Transport, General Department of Transportation of Vietnam.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of reporting: Semi-annually.

g) Deadline for Submission: The General Department of Transportation of Vietnam reports to the Ministry of Transport before June 25 of the reporting period for the first six months' periodic report and before December 25 of the reporting period for the second six months' periodic report; the Highway Management Agency and units authorized to manage national highways report to the General Department of Transportation of Vietnam before June 20 of the reporting period for the first six months' periodic report and before December 20 of the reporting period for the second six months' periodic report.

h) Data Closure Period for the General Department of Transportation of Vietnam: From December 15 of the previous reporting period to June 14 of the current reporting period for the first six months' periodic report; from June 15 of the current reporting period to December 14 of the current reporting period for the second six months' periodic report. Data closure period for the Highway Management Agency and units authorized to manage national highways: From December 15 of the previous reporting period to June 14 of the current reporting period for the first six months' periodic report; from June 15 of the current reporting period to December 14 of the current reporting period for the second six months' periodic report.

i) Reporting Data Form: As prescribed in Appendix III of this Circular.

2. For the local road system

Road management agencies shall fulfill their reporting responsibilities according to the regulations of the People's Committee at the provincial level. The Department of Transport reports to the General Department of Transportation of Vietnam as follows:

a) Report Name: Report on the results of managing and maintaining road construction works.

b) Content Required for Reporting: Report on the management and maintenance of provincial roads, urban roads, district roads, and other local roads, and special-purpose roads.

c) Method of Sending and Receiving Reports: Reports can be submitted in paper form or electronic form. Reports can be sent to the receiving authority via direct submission, postal service, fax, email, or other methods as prescribed by law.

d) Frequency of Reporting: Annually.

đ) Deadline for Submission: Before December 20 each year.

e) Data Closure Period: From December 15 of the previous reporting period to December 14 of the current reporting period.

g) Reporting Data Form: As prescribed in Appendix III of this Circular.

3. In addition to the periodic reports stipulated in Clauses 1 and 2 of this Article, the authorities and units specified in Clauses 1 and 2 of this Article shall be responsible for submitting ad hoc reports when there are unforeseen events affecting road construction works or upon request of competent authorities; they shall also submit other reports as required by laws on investment planning."

Article 5. Amend, supplement, and abolish certain 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; announcing the load capacity and width limits of roads; operating vehicles exceeding load capacity, vehicles exceeding width limits, and tracked vehicles on roads; transporting oversized and overweight cargo and the limits for loading goods onto road transport vehicles when participating in road traffic as follows:

1. Supplement Article 23a as follows:

"Article 23a. Reporting System

1. Report Name: Vehicle Operation Permit Issuance Report.

2. Content Required in the Report: Report on the issuance of vehicle operation permits.

3. Entities Responsible for Reporting: Highway Administration Department, Provincial Department of Transport.

4. Agency Receiving Reports: Vietnam Highway Corporation.

5. Method of Sending and Receiving Reports: The report shall be presented in either paper form or electronic form. The report shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law.

6. Frequency of Reporting: Quarterly and annually.

7. Deadline for Submitting Reports: Quarterly reports before the 20th day of the last month of each quarter; annual reports before December 20th of each year.

8. Data Cut-off Period for Reporting: For quarterly reports, from the 15th day of the month preceding the reporting period to the 14th day of the last month of the quarter in the reporting period; for annual reports, from December 15th of the year preceding the reporting period to December 14th of the reporting period.

9. Reporting Data Form: As specified in Appendices 5a, 5b, 5c, and 6 of this Circular."

2. Abolish Point d Clause 2 Article 26.

"4. The reporting system shall be implemented as follows:

a) Report Name: Disaster Prevention and Mitigation Work Report.

b) Content Required in the Report: Annual report on disaster prevention and mitigation work along with the next year's Disaster Prevention and Mitigation Plan and any recommendations or proposals (if applicable).

c) Entities Responsible for Reporting: National Steering Committee for Flood and Storm Control of Vietnam Highway Corporation.

d) Agency Receiving Reports: National Steering Committee for Flood and Storm Control of the Ministry of Transport.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of Reporting: Annually.

g) Deadline for Submitting Reports: Before January 15th of the following year of the reporting period.

h) Data Cut-off Period for Reporting: From December 15th of the year preceding the reporting period to December 14th of the reporting period.

i) Reporting Data Form: As specified in the Appendix of this Circular."

Article 7. Amend and supplement Article 8 of Circular No. 15/2020/TT-BGTVT dated July 22, 2020, issued by the Minister of Transport, concerning the operation of toll stations for road usage services as follows:

"Article 8. Provisions on Reporting Work

1. Toll Station Operation Report

a) Report Name: Road Usage Service Toll Station Operation Report.

b) Content Required in the Report: Report on revenue from road usage services and traffic volume passing through the toll station.

c) Entities Responsible for Reporting: Collection Unit.

d) Agency Receiving Reports: State authority with jurisdiction or unit assigned by the state authority with jurisdiction to manage collection work.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of Reporting: Monthly, first six months of the year, and annually.

g) Deadline for Submitting Reports: Monthly reports before the 10th day of the following month; first six months of the year reports before July 10th of each year; annual reports before February 28th of the following year.

h) Data Cut-off Period for Reporting: Monthly reports from the 1st to the last day of the reporting month; first six months of the year reports from January 1st to June 30th of the reporting year; annual reports from January 1st to December 31st of the reporting year.

i) Reporting Data Form: As specified in Forms 1 to 7 of Appendix 1 of this Circular.

2. Report on Management and Use of Toll Station Assets

a) Report Name: Toll Station Asset Management and Use Report.

b) Content Required in the Report: Report on asset management and use.

c) Entities Responsible for Reporting: Collection Unit.

d) Agency Receiving Reports: State authority with jurisdiction or unit assigned by the state authority with jurisdiction to manage collection work.

đ) Method of Sending and Receiving Reports: The report shall be presented in either paper form or electronic form. The report shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law.

e) Frequency of Reporting: First six months of the year and annually.

g) Deadline for Submitting Reports: First six months of the year reports before July 10th of each year; annual reports before January 10th of the following year.

h) Data Cut-off Period for Reporting: First six months of the year reports from January 1st to June 30th of the reporting year; annual reports from January 1st to December 31st of the reporting year.

i) Reporting Data Form: As specified in Form 8 of Appendix 1 of this Circular.

3. The collection unit is responsible for the accuracy of the reported data. Specifically, the annual report on road usage service revenue must be audited independently or confirmed by the tax authority."

"Article 64. Regulations on reporting procedures

1. Reporting on the operation of transport units

a) Report title: Report on bus station operations results.

b) Content required for the report: Results of passenger and freight bus station operations.

c) Entities responsible for submitting reports: Transport business units, passenger bus stations.

d) Authorities receiving reports: Department of Transport and Construction.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of Reporting: Monthly.

g) Deadline for submission of reports: Before the 20th day of the month following the reporting period.

h) Data Closure Period: From the 1st to the last day of the reporting month.

i) Outline of the report: As prescribed in Appendix 20 of this Circular.

2. Reporting on the operation of road transport in localities

a) Report title: Report on transport operations.

b) Content required for the report: Results of passenger and freight transportation; operations of bus stations within the locality.

c) Reporting Entity: Departments of Transport and Construction of provinces and centrally-administered cities.

d) Receiving agency: Vietnam Road Administration.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of Reporting: Annually.

g) Deadline for submission of reports: Before December 20 each year.

h) Period for finalizing report data: From December 1 of the previous year to November 30 of the reporting year.

i) Outline of the report: As prescribed in Appendix 21 of this Circular.

3. Reporting on the operation of national road transport as follows:

a) Report title: Report on transport operations.

b) Content required for the report: Results of passenger and freight transportation; operations of bus stations within the locality.

c) Reporting entity: Vietnam Road Administration.

d) Receiving agency: Ministry of Transport.

đ) Method of sending and receiving reports: Reports shall be presented in paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law.

e) Frequency of report submission: Annually.

g) Deadline for submission of reports: Before February 15 of the following year of the reporting period.

h) Period for finalizing report data: From December 1 of the previous year to November 30 of the reporting year.

Article 9. Supplement appendices providing reporting forms

3. Supplement Appendices 22 and 23 to Circular No. 09/2015/TT-BGTVT dated April 15, 2015 of the Minister of Transport, stipulating the provision, management, and use of data from vehicle tracking devices, corresponding to Appendices 3 and 4 issued together with this Circular.

1. This Circular takes effect from February 15, 2021.

2. The Director of the Ministry’s Office, the Inspector General, Heads of Departments, the Director-General of the Vietnam Highway Administration, Directors of Provincial and Central City Transport Departments, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular./.