Circular No. 37/2023/TT-BGTVT on Management of International Road Transport Activities Across Borders

CIRCULAR

On managing cross-border road transport activities

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Pursuant to the ASEAN Framework Agreement on Facilitation of Intra-Regional Land Transport signed on December 10, 2009;

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;

Pursuant to Decree No. 119/2021/NĐ-CP dated December 24, 2021 of the Government on procedures and formalities for issuing, reissuing, and revoking permits for cross-border road transport;

To implement the ASEAN Framework Agreement on Facilitation of Cross-Border Transport of Goods signed on December 16, 1998;

To implement the ASEAN Framework Agreement on Facilitation of International Land Transport signed on December 10, 2009;

To implement the ASEAN Framework Agreement on Facilitation of Cross-Border Road Passenger Transport signed on October 13, 2017;

To implement the Agreement on Facilitating the Transport of Persons and Goods Across Borders in the Greater Mekong Subregion signed on November 26, 1999, amended on April 30, 2004;

To implement the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic, and the Socialist Republic of Vietnam on Road Transport signed on January 17, 2013;

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 signed on November 22, 1994;

To implement the Agreement on Facilitating the Movement of Motor Vehicles Across Borders Between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on April 23, 2009;

To implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed on June 1, 1998;

At the proposal of the Director General of the Department of International Cooperation and the Director General of the Vietnam Highway Administration;

The Minister of Transport issues this Circular on managing cross-border road transport activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the vehicles, drivers, crew members, list of border gates, and routes for conducting cross-border road transport activities between Vietnam and other countries within the framework of multilateral ASEAN agreements, the Greater Mekong Subregion, and Cambodia-Laos-Vietnam, and bilateral agreements with China, Laos, and Cambodia.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals involved in cross-border road transport activities between Vietnam and other countries within the framework of multilateral ASEAN agreements, the Greater Mekong Subregion, and Cambodia-Laos-Vietnam, and bilateral agreements with China, Laos, and Cambodia.

Article 3. Definitions and Abbreviations

In this Circular, the following terms and abbreviations shall be understood as follows:

1. Contracting Party means a State party to a bilateral or multilateral international agreement.

2. Transit Transport means the transportation of goods through the territory of a Contracting Party, where the starting point and endpoint of the journey are outside the territory of that Contracting Party.

3. International Transport means the transportation of persons and goods through the territory of at least two Contracting Parties, where the starting point and endpoint of the journey are not located within the territory of the same Contracting Party.

4. Host Country means the country where the transport activity takes place.

5. ASEAN Transport Facilitation Agreement is an abbreviation for the ASEAN Framework Agreement on Facilitation of Cross-Border Transport of Goods, the ASEAN Framework Agreement on Facilitation of International Land Transport, and the ASEAN Framework Agreement on Facilitation of Cross-Border Road Passenger Transport.

6. GMS Agreement is an abbreviation for the Agreement on Facilitating the Transport of Persons and Goods Across Borders in the Greater Mekong Subregion.

7. Vietnam-China Road Transport Agreement is an abbreviation for the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.

8. Vietnam-Laos Road Transport Agreement is an abbreviation for the Agreement on Facilitating the Movement of Motor Vehicles Across Borders Between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic.

9. Vietnam-Cambodia Road Transport Agreement is an abbreviation for the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia.

10. Cambodia-Laos-Vietnam Road Transport Memorandum is an abbreviation for the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic, and the Socialist Republic of Vietnam on Road Transport.

Article 4. General Provisions on Cross-Border Road Transport

1. Vehicles shall not be permitted to transport goods or passengers between two points within the territory of the other Contracting Party.

2. Vehicles entering the territory of the other Contracting Party with permission must comply with the laws of that country.

Chapter II

PROVISIONS ON ROAD TRANSPORT ACTIVITIES BETWEEN VIETNAM AND THE COUNTRIES WITHIN THE FRAMEWORK OF THE ASEAN ECONOMIC COMMUNITY TRANSPORT AGREEMENT

Article 5. Provisions on Transport Vehicles

1. Transport vehicles include:

a) Passenger transport vehicles are buses registered in the territory of one Contracting Party for the purpose of carrying passengers;

b) Cargo transport vehicles are motor vehicles registered in the territory of one Contracting Party for the purpose of carrying cargo and must meet the technical requirements specified in Appendix I attached hereto.

2. The Contracting Parties recognize the Safety Technical Inspection Certificate and Environmental Protection Certificate of cross-border road transport vehicles issued by the other Contracting Parties.

3. Cross-border transport vehicles, in addition to the registration plate, must affix a national identification symbol at the rear of the vehicle and display the ASEAN Cross-Border Transport Vehicle Emblem issued by the competent authority issuing the International Combined Transport Permit of ASEAN countries on the windshield. The national identification symbols for motor vehicles of each Contracting Party are as follows:

a) Brunei Darussalam: BRU;

b) Kingdom of Cambodia: KH;

c) Republic of Indonesia: RI;

d) Malaysia: MAL;

đ) Republic of the Philippines: RP;

e) Republic of Singapore: SGP;

g) Lao People's Democratic Republic: LAO;

h) Union of Myanmar: MYA;

i) Kingdom of Thailand: T;

k) Socialist Republic of Vietnam: VN.

4. Scope of Operation of Transport Vehicles

a) Transport vehicles holding an ASEAN Combined Transport Permit shall carry out cargo transport according to the border gates and routes specified in Article 7 of this Circular;

b) Transport vehicles holding an ASEAN Combined Transport Permit shall carry out passenger transport according to the border gates and routes specified in Article 8 of this Circular.

5. Cross-border transport vehicles must have valid and effective documents to present to authorized agencies when requested, including:

a) Vehicle Registration Certificate;

b) Safety technical inspection and environmental protection certificate;

c) ASEAN Combined Transport Permit;

d) ASEAN International Road Transport Permit (certified copy or notarized copy);

đ) Certificate of Compulsory Liability Insurance for Motor Vehicles for Third Parties;

e) Declaration Form for Temporary Import-Reexport of Transport Vehicles or Declaration Form for Temporary Export-Reimport of Transport Vehicles;

g) Passenger List for fixed route passenger transport vehicles according to the model specified in Appendix IV or Passenger List for contractual passenger transport and tourist passenger transport according to the model specified in Appendix V attached hereto or Consignment Note for cargo transport vehicles;

h) Customs Transit Documents for goods for cargo transport vehicles in transit.

6. The documents stipulated in Clause 5 of this Article must be printed in the national language and the host country's language or in the national language and English. In cases where they are not printed in the host country's language or in English, an English translation certified or notarized by the competent authority must be attached.

Article 6. Provisions for Drivers and Service Personnel on Vehicles

1. Drivers crossing the border must carry valid documents that remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate, including:

a) Passport or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies);

b) Domestic driver's license recognized by the Parties pursuant to the Agreement on Recognition of Domestic Driver's Licenses signed by ASEAN member countries in Kuala Lumpur on July 9, 1985.

2. Service personnel on vehicles crossing the border must carry passports or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies), which remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate.

3. The documents specified in Clause 1 and Clause 2 of this Article must be printed in the national language and the host country's language or the national language and English. In cases where they are not printed in the host country's language or English, an English translation certified or notarized by an authorized agency must be attached.

The list of pairs of border gates and ASEAN transport routes for goods implementing the ASEAN Framework Agreement on Facilitation of Cross-Border Goods Transit and the ASEAN Framework Agreement on Facilitating International Road Transport is stipulated in Appendix II promulgated together with this Circular.

The list of pairs of border gates and ASEAN transport routes for passengers implementing the ASEAN Framework Agreement on Facilitating Cross-Border Passenger Transport by Road is stipulated in Appendix III promulgated together with this Circular.

Chapter III

PROVISIONS FOR ROAD TRANSPORT ACTIVITIES BETWEEN VIETNAM AND COUNTRIES WITHIN THE GMS AGREEMENT FRAMEWORK

Article 9. Provisions for Transport Vehicles

1. Transport vehicles include:

a) Passenger transport vehicles are buses registered in the territory of one Contracting Party for the purpose of carrying passengers;

b) Transport vehicles for goods are trucks, tractor units, trailers, and semi-trailers registered within the territory of a Contracting Party for the carriage of goods.

2. The Contracting Parties recognize the Safety Technical Inspection Certificate and Environmental Protection Certificate of cross-border road transport vehicles issued by the other Contracting Parties.

3. Transport vehicles crossing the border, in addition to their registration plates, must affix to the rear of the vehicle a national identification mark of the country where the vehicle is registered. The national identification marks for motor vehicles of each Contracting Party are as follows:

a) Kingdom of Cambodia: KH;

b) People's Republic of China: CHN;

c) Lao People's Democratic Republic: LAO;

d) Union of Myanmar: MYA;

đ) Kingdom of Thailand: T;

e) Socialist Republic of Vietnam: VN.

4. The scope of operation of transport vehicles carrying out cargo and passenger transport according to the pairs of border gates and routes specified in Article 11 and Article 12 of this Circular.

5. Cross-border transport vehicles must have valid and effective documents to present to authorized agencies when requested, including:

a) Vehicle Registration Certificate;

b) Safety technical inspection and environmental protection certificate;

c) GMS Combined Transport Permit and Temporary Import Vehicle Logbook (hereinafter referred to as TAD Logbook);

d) Passenger list for fixed-route passenger transport vehicles according to the model in Appendix IV or Passenger list for contract passenger transport and tourist passenger transport vehicles according to the model in Appendix V promulgated together with this Circular or Cargo Manifest for cargo transport vehicles according to the model in Appendix VI promulgated together with this Circular;

đ) Certificate of Compulsory Liability Insurance for Motor Vehicles for Third Parties;

e) Declaration Form for Temporary Import-Export of Road Transport Vehicles or Declaration Form for Temporary Export-Reimport of Road Transport Vehicles.

6. The documents stipulated in Clause 5 of this Article must be printed in the national language and the host country's language or in the national language and English. In cases where they are not printed in the host country's language or in English, an English translation certified or notarized by the competent authority must be attached.

Article 10. Provisions for Drivers and Onboard Staff

1. Drivers crossing the border must carry valid documents that remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate as follows:

a) Passport or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies);

b) A driving license recognized under the GMS Agreement. At the time of entry into the Host Country, the driving license must still have at least two months remaining validity.

2. Service personnel on vehicles crossing the border must carry passports or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies), which remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate.

3. The documents specified in Clause 1 and Clause 2 of this Article must be printed in the national language and the host country's language or the national language and English. In cases where they are not printed in the host country's language or English, an English translation certified or notarized by an authorized agency must be attached.

The list of border gates implementing the GMS Agreement is stipulated in Appendix VII issued together with this Circular.

The list of routes implementing the GMS Agreement is stipulated in Appendix VIII issued together with this Circular.

Chapter IV

PROVISIONS FOR ROAD TRANSPORT ACTIVITIES BETWEEN VIETNAM AND THE COUNTRIES WITHIN THE FRAMEWORK OF THE CAMBODIA-LAO-VIETNAM ROAD TRANSPORT AGREEMENT REMINDER

Article 13. Provisions for Transport Vehicles

1. Transport vehicles crossing the border, in addition to the registration number, must affix a national identification symbol and CLV-CBT emblem issued by the competent authority granting the International Carriage Permit between Vietnam, Laos, and Cambodia on the front windshield of the vehicle. The national identification symbols for each contracting party's motor vehicles are as follows:

a) Kingdom of Cambodia: KH;

b) Lao People's Democratic Republic: LAO;

c) Socialist Republic of Vietnam: VN;

2. Scope of Operation of Transport Vehicles Transport vehicles granted the International Carriage Permit between Vietnam, Laos, and Cambodia shall implement cargo and passenger transport according to the border gates and routes specified in Article 15 of this Circular.

3. Non-scheduled Passenger Transport Vehicles Crossing the Border must have valid documents and present them to authorized agencies when requested, including:

a) Vehicle Registration Certificate;

b) Safety and environmental protection technical inspection certificate for motor vehicles;

c) International Carriage Permit between Vietnam, Laos, and Cambodia;

d) Passenger list (in accordance with the form prescribed in Appendix V issued together with this Circular);

đ) Compulsory third-party liability insurance for motor vehicle owners;

e) Temporary import documents for motor vehicles;

g) Declaration for temporary import-export road transport vehicles or Declaration for temporary export-import road transport vehicles.

4. Scheduled Passenger Transport Vehicles Crossing the Border must have valid documents and present them to authorized agencies when requested, including:

a) Vehicle Registration Certificate;

b) Safety and environmental protection technical inspection certificate for motor vehicles;

c) International Carriage Permit between Vietnam, Laos, and Cambodia;

d) Passenger list (in accordance with the form prescribed in Appendix IV issued together with this Circular);

đ) Compulsory third-party liability insurance for motor vehicle owners;

e) Temporary import documents for motor vehicles;

g) Declaration for temporary import-export road transport vehicles or Declaration for temporary export-import road transport vehicles.

5. Cargo Transport Vehicles Crossing the Border must have valid documents and present them to authorized agencies when requested, including:

a) Vehicle Registration Certificate;

b) Safety and environmental protection technical inspection certificate for motor vehicles;

c) International Carriage Permit between Vietnam, Laos, and Cambodia;

d) Delivery receipt or customs document;

đ) Compulsory third-party liability insurance for motor vehicle owners;

e) Customs declaration for transit and domestic clearance in case of transit;

g) Temporary import documents for motor vehicles;

h) Declaration for temporary import-export road transport vehicles or Declaration for temporary export-import road transport vehicles.

6. Non-commercial Vehicles Crossing the Border must have valid documents and present them to authorized agencies when requested, including:

a) Vehicle Registration Certificate;

b) Safety and environmental protection technical inspection certificate for motor vehicles;

c) International Carriage Permit between Vietnam, Laos, and Cambodia;

d) Compulsory third-party liability insurance for motor vehicle owners;

đ) Declaration for temporary import-export road transport vehicles or Declaration for temporary export-import road transport vehicles.

7. Documents stipulated in Clause 3, Clause 4, Clause 5, and Clause 6 of this Article must be printed in the national language and the host country's language or the national language and English. In cases where they are not printed in the host country's language or English, they must be accompanied by an English translation certified or notarized by an authorized agency.

8. Each contracting party will recognize all documents stipulated in Clause 3, Clause 4, Clause 5, and Clause 6 of this Article issued by the other contracting parties.

Article 14. Provisions for drivers and service staff on vehicles

1. Drivers crossing the border must carry valid documents that remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate, including:

a) Passport or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies);

b) Driver's license.

2. Service personnel on vehicles crossing the border must carry passports or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies), which remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate.

3. The documents specified in Clause 1 and Clause 2 of this Article must be printed in the national language and the host country's language or in the national language and English. In case they are not printed in the host country's language or in English, they must be accompanied by an English translation certified or notarized by an authorized agency.

1. The list of pairs of border gates for international road transport implementing the Memorandum of Understanding on Road Transport between Cambodia, Laos, and Vietnam is stipulated in Appendix IX issued together with this Circular.

2. The list of pairs of border gates and routes for transit transport implementing the Memorandum of Understanding on Road Transport between Cambodia, Laos, and Vietnam is stipulated in Appendix X issued together with this Circular.

Chapter V

PROVISIONS FOR ROAD TRANSPORT ACTIVITIES BETWEEN VIETNAM AND CHINA WITHIN THE FRAMEWORK OF THE VIETNAM-CHINA ROAD TRANSPORT AGREEMENT

Article 16. Provisions for transport vehicles

1. Transport vehicles include:

a) Road transport vehicles include trucks, trailers, tractor units, semi-trailers used for cargo transportation; passenger buses used for transporting people and luggage in passenger transport, registered within the territory of one Contracting Party;

b) Official vehicles are vehicles of state agencies, party and mass organizations, social political organizations at all levels traveling on official business.

2. The owner of the transport vehicle or the management agency of official vehicles of one Contracting Party operating on the territory of the other Contracting Party must purchase compulsory third-party liability insurance from the insurance company of the destination country.

3. Transport vehicles crossing the border, in addition to their registration plates, must display nationality identification marks. These marks must be affixed at the front and rear of the vehicle in visible positions. Nationality identification marks for transport vehicles of each Contracting Party are as follows:

a) People's Republic of China: CHN;

b) Socialist Republic of Vietnam: VN.

4. Scope of operation of vehicles

a) Regular passenger transport vehicles (on fixed routes) depart from the starting bus station and end at the terminal bus station according to the regular passenger transport route plan between Vietnam and China announced by the route management authority in accordance with Decree No. 119/2021/NĐ-CP dated December 24, 2021 of the Government on procedures and formalities for issuing, reissuing, and revoking cross-border road transport permits;

b) Irregular passenger transport vehicles (under contracts and tourist transport) operate through the border gates and routes specified in Articles 19 and 20 of this Circular;

c) Cargo transport vehicles operate through the border gates and routes specified in Articles 19 and 20 of this Circular.

d) Official vehicles of one Contracting Party when entering the territory of the other Contracting Party must operate along the designated routes and border gates by the other Contracting Party, while complying with the regulations on managing entry of vehicles of the destination country.

5. Passenger transport vehicles must have valid documents still in effect and present them to competent authorities upon request, including:

a) Transport permit;

b) Vehicle registration certificate;

c) Safety and environmental protection technical inspection certificate;

d) Passenger list for regular passenger transport vehicles according to Model IV or Passenger list for irregular passenger transport vehicles according to Model V issued together with this Circular;

đ) Compulsory third-party liability insurance certificate;

e) Passenger transport contract (if it is a passenger transport vehicle under contract) or confirmed tour itinerary by the host country's travel company (if it is a tourist passenger transport vehicle);

g) Relevant documents required at the border gate for vehicle entry and exit.

6. Cargo transport vehicles must have valid documents still in effect and present them to competent authorities upon request, including:

a) Transport permit;

b) Vehicle registration certificate;

c) Safety and environmental protection technical inspection certificate;

d) Consignment note;

đ) Customs declaration form for goods;

e) Compulsory third-party liability insurance certificate;

g) Relevant documents required at the border gate for vehicle entry and exit.

7. Official vehicles must have valid documents still in effect and present them to competent authorities upon request, including:

a) Transport permit;

b) Vehicle registration certificate;

c) Safety and environmental protection technical inspection certificate;

d) Compulsory third-party liability insurance certificate;

đ) Relevant documents required at the border gate for vehicle entry and exit.

8. Hazardous cargo transport vehicles or transport vehicles carrying cargo exceeding the prescribed dimensions and weight, before being granted special permit type D by the other Contracting Party, must obtain permission for oversized, overweight cargo or hazardous material transport from the authorized management agency of both Contracting Parties in accordance with the regulations.

9. The documents specified in Clause 5, Clause 6, and Clause 7 of this Article must be printed in the national language and the host country's language or in the national language and English. If they are not printed in the host country's language or in English, they must be accompanied by an English translation certified or notarized by an authorized agency.

Article 17. Provisions for drivers and service staff on vehicles

1. Drivers crossing the border must carry valid documents that remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate, including:

a) Passport or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies);

b) A driving license appropriate to the type of vehicle being operated.

2. Service personnel on vehicles crossing the border must carry passports or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies), which remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate.

3. The documents specified in Clause 1 and Clause 2 of this Article must be printed in the national language and the host country's language or the national language and English. In cases where they are not printed in the host country's language or English, an English translation certified or notarized by an authorized agency must be attached.

Article 18. Transport management agencies at border gates

1. The transport management agency at the border gate is the Border Gate Transport Management Station established in accordance with the Vietnam-China Road Transport Agreement.

2. The Border Gate Transport Management Station shall perform the following tasks:

a) Checking the Transport Permit of the vehicle, National Distinctive Mark, and other documents related to transport; stamping the Transport Permit at the designated location on the Transport Permit. For Type A and E Transport Permits issued to regular passenger transport vehicles valid for multiple crossings within a year, no stamping shall be performed on the Transport Permit;

b) Inspecting Vietnamese and Chinese vehicles transporting oversized, overweight goods, and dangerous goods; maintaining order in the transport market at the border gate;

c) Statistics, updating, and reporting on the Vietnam-China road transport activities according to the requirements of the competent authority;

d) Cooperating with other functional agencies at the border gate to perform other tasks as prescribed.

1. The list of pairs of border gates implementing the Vietnam-China Road Transport Agreement is specified in Appendix XI attached hereto.

2. Vehicles must enter and exit through the same border gate (except for tourist passenger vehicles or those under contract).

The routes for implementing the Vietnam-China Road Transport Agreement are specified in Appendix XII attached hereto.

Chapter VI

PROVISIONS FOR ROAD TRANSPORT ACTIVITIES BETWEEN VIETNAM AND LAOS WITHIN THE FRAMEWORK OF THE VIETNAM-LAO ROAD TRANSPORT AGREEMENT

Article 21. Provisions for transport vehicles

1. Transport vehicles include automobiles, tractor units, trailers, semi-trailers operating on roads; equipped with left-hand steering wheels according to the direction of travel and classified as follows:

a) Commercial vehicles are vehicles participating in passenger and cargo transportation for payment or vehicles carrying people or goods for business operations of enterprises;

b) Non-commercial vehicles are vehicles of agencies, organizations, and individuals engaged in non-business activities, including: vehicles of agencies and organizations on official trips, ambulances, fire trucks, rescue vehicles, humanitarian mission vehicles (collectively referred to as official vehicles), and personal vehicles for private use (passenger cars with fewer than nine seats and pickup trucks).

2. Both parties recognize each other's Periodic Safety Technical Inspection and Environmental Protection Certificates for transport vehicles used for cross-border transportation issued by one party.

3. Cross-border transport vehicles, in addition to their registration plates, must display national distinctive marks and joint transport emblems between Vietnam and Laos issued by the competent authority issuing the joint transport permit between Vietnam and Laos. The national distinctive marks for motor vehicles of each party are as follows:

a) Lao People's Democratic Republic: LAO;

b) Socialist Republic of Vietnam: VN.

4. Commercial vehicles must meet the usage age requirements stipulated by the laws of each party.

5. Cross-border transport vehicles must have compulsory third-party liability insurance in compliance with the laws and regulations of the host country.

6. Scope of operation of vehicles Transport vehicles are permitted to operate across the pairs of border gates specified in Article 23 of this Circular, except for tourist passenger transport vehicles which can only operate through the international border gates specified in Article 23 of this Circular.

7. Non-commercial vehicles must present valid documents when requested by the competent authorities, including:

a) Vehicle Registration Certificate;

b) Safety technical inspection and environmental protection certificate;

c) Joint transport permit;

d) Compulsory third-party liability insurance certificate;

đ) Temporary import-reexport or temporary export-reimport declaration form for road transport vehicles.

8. Passenger transport vehicles must present valid documents when requested by the competent authorities, including:

a) Documents specified in Clause 7 of this Article;

b) Passenger list for fixed route passenger transport vehicles according to Model IV or passenger list for contractual passenger transport and tourist passenger transport according to Model V attached hereto;

c) Passenger transport contract (for contractual passenger transport and tourist passenger transport vehicles).

9. Cargo transport vehicles must present valid documents when requested by the competent authorities, including:

a) Documents specified in Clause 7 of this Article;

b) Bill of lading;

c) Customs declaration form for goods;

d) Certificate of quarantine for animals and plants.

10. In addition to the joint transport permit, transport vehicles carrying dangerous goods, goods exceeding the weight or size limits must obtain a permit for oversized, overweight, or dangerous goods transportation from the competent authority of the other party upon entry into its territory as prescribed.

11. The documents specified in Clauses 7, 8, and 9 of this Article must be printed in the national language and the host country's language or the national language and English. If not printed in the host country's language or English, they must be accompanied by an English translation certified or notarized by the competent authority.

Article 22. Provisions for drivers and service staff on vehicles

1. Drivers crossing the border must carry valid documents that remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate as follows:

a) Passport or international travel document with validity equivalent to passport and visa issued by the competent authority (except for those exempted from visa requirements);

b) National driving license or international driving license appropriate to the type of vehicle being operated;

c) In cases where the driver's passport and Vehicle Registration Certificate are not issued by the same Party, an additional copy of the driver’s employment contract with a business, cooperative lasting one year or more, or a temporary residence card or diplomatic identity card must be provided.

2. Service personnel on vehicles crossing the border must carry passports or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies), which remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate.

3. The documents specified in Clause 1 and Clause 2 of this Article must be printed in the national language and the host country's language or the national language and English. In cases where they are not printed in the host country's language or English, an English translation certified or notarized by an authorized agency must be attached.

The list of pairs of border gates implementing the Vietnam-Laos Road Transport Agreement is specified in Appendix XIII attached to this Circular.

Chapter VII

PROVISIONS FOR ROAD TRANSPORT ACTIVITIES BETWEEN VIETNAM AND CAMBODIA UNDER THE VIETNAM-CAMBODIA ROAD TRANSPORT AGREEMENT

Article 24. Provisions for transport vehicles

1. Transport vehicles are automobiles and trailers, semi-trailers operating on roads, having a Vehicle Registration Certificate and number plates issued by the competent authority of one of the Parties.

2. Commercial vehicles are those participating in the transportation of people and goods for payment, including:

a) Passenger vehicles with ten seats or more (including the driver);

b) Taxis with five seats (including the driver) and marked with the "Taxi" sign on the roof;

c) Trucks, trailers, semi-trailers.

3. Non-commercial vehicles are passenger cars with no more than nine seats (including the driver) and cargo vehicles that do not charge for transportation, including:

a) Vehicles of agencies and organizations on official duties;

b) Personal vehicles;

c) Vehicles of businesses and cooperatives serving their business activities without participating in the transportation of people or goods for payment;

d) Firefighting vehicles, ambulance vehicles, rescue vehicles, humanitarian mission vehicles.

4. The two Parties recognize each other’s Periodic Safety Inspection and Environmental Protection Certificates for transport vehicles used for cross-border transportation issued by one of the Parties.

5. Transport vehicles entering the territory of the other Party must comply with the compulsory motor vehicle insurance regulations of that Party.

6. Transport vehicles crossing the border, in addition to the registration plate, must display national identification marks and international transit signs issued by the competent authority granting the Vietnam-Cambodia international transit permit for that vehicle. The national identification marks for each Party’s motor vehicles are as follows:

a) Kingdom of Cambodia: KH;

b) Socialist Republic of Vietnam: VN.

7. Transit vehicles and vehicles crossing the border must meet the following technical requirements when participating in traffic:

a) The maximum length of the vehicle is detailed in Appendix XIV attached to this Circular;

b) The maximum width of the vehicle is detailed in Appendix XV attached to this Circular;

c) The maximum height limit of the vehicle is detailed in Appendix XVI attached to this Circular;

d) The maximum overhang at the rear of the vehicle is detailed in Appendix XVII attached to this Circular.

8. The maximum permissible load of the vehicle must comply with the host country's laws.

9. Scope of operation of vehicles Vehicles are permitted to operate across pairs of border gates as stipulated in Article 26 of this Circular.

10. Commercial vehicles transporting passengers must have valid documents still in effect and present them to authorized authorities upon request, including:

a) Vehicle Registration Certificate;

b) Safety technical inspection and environmental protection certificate;

c) Joint transport permit;

d) Passenger list for fixed route passenger transport vehicles according to the model in Appendix IV or Passenger list for contractual passenger transport and tourist passenger transport according to the model in Appendix V attached to this Circular. For fixed route passenger transport, the passenger list must be confirmed by the bus station (for Cambodia if there is no bus station, confirmation by the pick-up and drop-off location). The passenger list does not apply to passenger transport by taxi;

đ) Passenger transport contract (for contractual passenger transport and tourist transport vehicles);

e) Compulsory third-party civil liability insurance certificate;

g) Declaration form for temporary import-re-export or temporary export-re-import road transport vehicles.

11. Commercial vehicles transporting goods must have valid documents still in effect and present them to authorized authorities upon request, including:

a) Vehicle Registration Certificate;

b) Safety technical inspection and environmental protection certificate;

c) Joint transport permit;

d) Consignment note;

đ) Customs declaration form for goods;

e) Compulsory third-party civil liability insurance certificate;

g) Declaration form for temporary import-re-export or temporary export-re-import road transport vehicles.

12. Non-commercial vehicles must have valid documents still in effect and present them to authorized authorities upon request, including:

a) Vehicle Registration Certificate;

b) Safety technical inspection and environmental protection certificate;

c) Joint transport permit;

d) Compulsory third-party liability insurance certificate;

đ) Temporary import-reexport or temporary export-reimport declaration form for road transport vehicles.

13. The documents specified in Clause 10, Clause 11, and Clause 12 of this Article must be printed in the national language and the host country's language or the national language and English. If they are not printed in the host country's language or English, an English translation certified or notarized by the competent authority must be attached.

Article 25. Provisions for drivers and service staff on vehicles

1. Drivers crossing the border must carry valid documents that remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate, including:

a) Passport or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies);

b) A national driving license or an international driving license appropriate to the type of vehicle being operated.

2. Service personnel on vehicles crossing the border must carry passports or international travel documents with passport equivalence and visa issued by authorized agencies (except in cases where visa exemption applies), which remain effective upon entry and exit at the border gate and be subject to inspection and control by specialized agencies at the border gate.

3. The documents specified in Clause 1 and Clause 2 of this Article must be printed in the national language and the host country's language or the national language and English. In cases where they are not printed in the host country's language or English, an English translation certified or notarized by an authorized agency must be attached.

The list of pairs of border gates between Vietnam and Cambodia implementing the Vietnam-Cambodia Road Transport Agreement is specified in Appendix XVIII issued together with this Circular.

Chapter VIII

IMPLEMENTATION

1. Report on the operation of road transport businesses and cooperatives

a) Report title: Report on the operation of road passenger and cargo transport between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam;

b) Content required in the report: Results of road passenger and cargo transport operations between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam;

c) Reporting entity: Businesses and cooperatives operating road transport between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam;

d) Receiving authority: Department of Transportation or Department of Transportation and Construction where the business or cooperative conducting road transport operations is registered;

đ) Method of submitting and receiving reports: Reports shall be presented in either paper form or electronic format. Reports shall be submitted to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

e) Frequency of reporting: Semi-annually;

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

h) Period for finalizing data for the report: From January 1st to June 30th for the first six months' report and from July 1st to December 31st for the second six months' report;

i) Outline of the report: As stipulated in Appendix XIX of this Circular for the report on passenger transport results, and as stipulated in Appendix XX of this Circular for the report on cargo transport results;

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

a) Report title: Report on the operation of road passenger and cargo transport between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam;

b) Content required in the report: Results of road passenger and cargo transport operations between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam;

c) Reporting entity: Department of Transportation or Department of Transportation and Construction;

d) Receiving authority: Vietnam Highway Corporation;

đ) Method of submitting and receiving reports: Reports shall be presented in either paper form or electronic format. Reports shall be submitted to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

e) Frequency of reporting: Semi-annually;

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

h) Period for finalizing data for the report: From January 1st to June 30th for the first six months' report and from July 1st to December 31st for the second six months' report;

i) Outline of the report: As stipulated in Appendix XXI of this Circular;

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

a) Report title: Report on the operation of road passenger and cargo transport between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam;

b) Content required in the report: Results of road passenger and cargo transport operations between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam;

c) Reporting entity: Vietnam Highway Corporation;

d) Receiving authority: Ministry of Transport;

đ) Method of submitting and receiving reports: Reports shall be presented in either paper form or electronic format. Reports shall be submitted to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

e) Frequency of reporting: Semi-annually;

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

h) Period for finalizing data for the report: From January 1st to June 30th for the first six months' report and from July 1st to December 31st for the second six months' report;

i) Outline of the report: As stipulated in Appendix XXII of this Circular;

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

a) Management of activities concerning vehicles crossing the land border between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam;

b) Notification of the list of vehicles granted transport permits and combined transport permits to relevant countries and authorities as prescribed by international treaties for coordinated management;

c) Inspection, supervision, and handling of violations related to international road transport business operations between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam, in accordance with the law;

2. Departments of Transportation and Construction of provinces and centrally administered cities

a) Implementation of management of international road transport activities between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam within their respective jurisdictions;

b) Inspection, supervision, and handling of violations related to international road transport business operations between Vietnam and other countries within the framework of the ASEAN Facilitation Agreement on Land Transport, the Greater Mekong Subregion Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam within their respective jurisdictions, in accordance with the law;

Article 29. Effective Date

- Office of the President, Office of the General Secretary,

2. This Circular replaces the following Circulars:

a) 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. 29/2020/TT-BGTVT dated October 30, 2020, issued by the Minister of Transport amending and supplementing certain articles 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; Circular No. 26/2021/TT-BGTVT dated November 29, 2021, issued by the Minister of Transport amending and supplementing certain articles 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;

b) Circular No. 88/2014/TT-BGTVT dated December 31, 2014, issued by the Minister of Transport guiding the implementation of certain provisions of the Agreement and Protocol implementing the Agreement to facilitate the passage of motor vehicles across the border between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic;

c) Circular No. 39/2015/TT-BGTVT dated July 31, 2015, issued by the Minister of Transport guiding the implementation of certain provisions of the Agreement and Protocol implementing the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia; Circular No. 47/2019/TT-BGTVT dated November 28, 2019, amending and supplementing certain Articles of Circular No. 39/2015/TT-BGTVT dated July 31, 2015, guiding the implementation of certain provisions of the Agreement and Protocol implementing the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia;

d) Circular No. 63/2013/TT-BGTVT dated December 31, 2013, issued by the Minister of Transport stipulating guidance for the implementation of certain provisions of the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic, and the Socialist Republic of Vietnam on Road Transport; Circular No. 20/2020/TT-BGTVT dated September 17, 2020, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 63/2013/TT-BGTVT dated December 31, 2013, guiding the implementation of certain provisions of the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic, and the Socialist Republic of Vietnam on Road Transport;

đ) Circular No. 29/2009/TT-BGTVT dated November 17, 2009, issued by the Minister of Transport guiding the implementation of certain provisions of the Agreement to Facilitate the Transport of Persons and Goods Across Borders Between Countries in the Greater Mekong Subregion; Circular No. 89/2014/TT-BGTVT dated December 31, 2014, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 29/2009/TT-BGTVT dated November 17, 2009, guiding the implementation of certain provisions of the Agreement to Facilitate the Transport of Persons and Goods Across Borders Between Countries in the Greater Mekong Subregion;

e) Circular No. 05/2022/TT-BGTVT dated May 25, 2022, issued by the Minister of Transport abolishing certain provisions related to the issuance, reissuance, and revocation of permits under Circulars on international road transport issued by the Minister of Transport;

3. Abolish Article 1, Article 3, Article 6, Article 7, Article 8, Article 11, Article 16, Article 18, Article 21, and Article 23 of Circular No. 05/2023/TT-BGTVT dated April 27, 2023, issued by the Minister of Transport amending and supplementing certain provisions of Circulars related to the field of road transport, supporting road transport services, vehicles, and drivers; Abolish Article 1, Article 2, and Clause 1, Clause 2 of Article 9 of Circular No. 36/2020/TT-BGTVT dated December 24, 2020, issued by the Minister of Transport amending and supplementing certain provisions of Circulars stipulating periodic reporting requirements in the field of roads;

The Director of the Office, the Inspector General, the Heads of Departments, the Director of the Vietnam Highway Administration, the Directors of Provincial Departments of Transport and Construction, the Heads of relevant agencies, organizations, and individuals are responsible for enforcing this Circular./.