Circular No. 38/2011/TT-BGTVT guiding the implementation of certain provisions of the Agreement and Protocol facilitating the cross-border movement of road vehicles between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic.

CIRCULAR

Guidelines for implementing certain provisions of the Agreement and Protocol on facilitating the cross-border movement of motor vehicles

between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic

The basis for these guidelines is the Agreement on Facilitating the Cross-Border Movement of Motor Vehicles between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on April 23, 2009 (hereinafter referred to as the "Agreement");

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The basis for these guidelines is also the Protocol Implementing the Agreement on Facilitating the Cross-Border Movement of Motor Vehicles between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on September 15, 2010 (hereinafter referred to as the "Protocol").

The Minister of Transport issues guidelines for implementing certain provisions of the Agreement and Protocol.

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

This Circular provides guidelines for implementing certain provisions of the Agreement and Protocol regarding facilitating the cross-border movement of motor vehicles (hereinafter referred to as "vehicles") between Vietnam and Laos.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to organizations and individuals related to the operation of commercial and non-commercial vehicles that have been granted international carriage permits to cross the border between Vietnam and Laos.

Article 2. Applicability

1. Vehicles granted international carriage permits to cross the border between Vietnam and Laos include automobiles, tractor units, trailers, semi-trailers attached to automobiles, and specialized motorcycles operating on roads with vehicle registration certificates and license plates issued by competent authorities of the Socialist Republic of Vietnam.

Article 3. Regulations on Motor Vehicles

2. Commercial vehicles are those under the control of enterprises and cooperatives participating in cargo and passenger transportation for which payment is made, or vehicles transporting people or goods for business activities of enterprises and cooperatives, specifically including:

a) Passenger transport vehicles operating on fixed routes;

b) Passenger transport vehicles operating on contractual agreements and tourist transportation;

c) Cargo transport vehicles;

d) Vehicles of enterprises and cooperatives transporting goods or services for projects or business operations within Lao territory.

3. Non-commercial vehicles are those belonging to agencies, organizations, and individuals crossing the border between the two countries for non-business purposes, specifically including:

a) Vehicles of agencies, organizations, domestic and international enterprises, and cooperatives for work, sightseeing, and tourism;

b) Personal vehicles for private matters (applicable only to passenger cars with fewer than nine seats and pick-up trucks);

c) Fire engines, ambulances, tow trucks, and vehicles performing humanitarian missions.

4. Each trip, vehicles may stay in the other Contracting Party for thirty days from the date of entry. In cases exceeding the prescribed period due to valid reasons, an extension may be granted once for up to ten days.

5. Each vehicle must display a national identification sign on the front windshield at the upper right corner when operating across the border. The national identification sign of Vietnam is specified in Appendix 1 of this Circular.

5. Each vehicle when operating across the border must affix a national distinguishing sign plate on the front windshield at the upper right corner from the driver's perspective. The national distinguishing sign plate of Vietnam is specified in Appendix 1 of this Circular.

Article 4. Regulations on Documents for Vehicles

1. When in circulation, vehicles must have the following valid documents together with their certified translations into Lao or English if such documents are not printed in both Vietnamese-Lao or Vietnamese-English languages to be presented to relevant authorities upon request:

a) Vehicle registration certificate;

b) Certificate of technical safety inspection and environmental protection;

c) International Combined Transport Permit;

d) Certificate of compulsory motor vehicle liability insurance;

đ) Declaration form for temporary import-re-export of road transport vehicles;

2. For passenger-carrying vehicles, in addition to the documents prescribed in Clause 1 of this Article, they must also have a Passenger List. The Passenger List for fixed-route passenger transportation vehicles is specified in Appendix 2a of this Circular. The Passenger List for contractual passenger transportation and tourist passenger transportation vehicles is specified in Appendix 2b of this Circular.

3. For cargo-carrying vehicles, in addition to the provisions in Clause 1 of this Article, they must also have the following documents:

a) Bill of lading;

b) Customs declaration for goods;

c) Animal and plant quarantine certificate (as prescribed by specialized regulations).

4. Vehicles transporting dangerous goods or goods exceeding the size and weight limits set by Vietnam and Laos must be issued a special circulation permit by the competent authority of Vietnam and Laos.

Article 5. Regulations for Drivers

Drivers operating vehicles crossing the border must have the following valid documents:

1. Driver's license;

2. Passport or other travel documents with visa issued by the competent authority (except for those exempted from visa requirements);

3. In cases where the driver's passport and vehicle registration are issued by different Contracting Parties, an additional certified copy of the driver's employment contract with a company or cooperative for at least one year or a temporary residence card or diplomatic identity card must be provided.

Chapter II

INTERNATIONAL ROAD TRANSPORT OPERATING LICENSE

Article 6. Conditions for Issuing International Road Transport Operating License

1. The subjects eligible to obtain the International Road Transport Operating License are enterprises and cooperatives holding a business license for road passenger transport or containerized freight transport by motor vehicles (for enterprises and cooperatives engaged in road passenger transport and containerized freight transport) or a business registration certificate with a registered business activity in road transport by motor vehicles (for enterprises and cooperatives engaged in other freight transport activities);

2. Having at least three years of experience in domestic transport operations; not declared bankrupt or currently undergoing bankruptcy proceedings;

3. Possessing sufficient number of vehicles to implement the business plan.

Article 7. Application Materials and Procedure for Issuing International Road Transport Operating License

1. Application materials for issuing International Road Transport Operating License

a) Application form for International Road Transport Operating License according to the model in Appendix 3 of this Circular;

b) Business license for road transport by motor vehicles (for enterprises and cooperatives engaged in road passenger transport and containerized freight transport) or business registration certificate with a registered business activity in road transport by motor vehicles (for enterprises and cooperatives engaged in other freight transport activities) (certified copy or copy accompanied by original for verification);

c) Business plan for international road transport.

2. Procedure for issuing International Road Transport Operating License:

a) Enterprises and cooperatives submit one set of application materials directly or through postal services to the licensing authority. The licensing authority checks and accepts the application materials; in case of required amendments or supplements, it shall notify directly or in writing the necessary amendments or supplements;

b) Within three working days from the date of receiving complete and compliant application materials, the licensing authority issues the International Road Transport Operating License;

c) Acceptance of application materials and issuance of results at the licensing authority or through postal services.

3. Fees for issuing International Road Transport Operating License according to the regulations of the Ministry of Finance.

4. The validity period of the International Road Transport Operating License is five years.

5. Model of the License specified in Appendix 4 of this Circular.

Article 8. Revocation and Reissuance of International Road Transport Operating Permit

1. The issuing authority shall revoke the issued Permit if the enterprise or cooperative does not comply with the regulations on conditions for issuing the Permit.

2. Upon expiration of the Permit's validity period, damage to the Permit, or loss of the Permit, the enterprise or cooperative shall prepare a dossier to request issuance of a new Permit in accordance with Article 7 of this Circular. The expired old Permit must be returned to the issuing authority.

Chapter III

INTERNATIONAL THROUGH PERMIT

Article 9. International Through Permit

1. The International Through Permit issued to commercial vehicles of enterprises or cooperatives shall be valid for multiple trips within one (1) year but not exceeding the duration specified on the International Road Transport Operating Permit.

For passenger-carrying vehicles operating under contracts or tourist transportation, the International Through Permit may be valid for the duration of a single trip but not exceeding thirty (30) days.

2. The International Through Permit issued to non-commercial vehicles shall have a validity period of thirty (30) days from the date of issuance.

For official vehicles or vehicles of diplomatic missions, consular offices, or representative offices of international organizations in Vietnam, the permit may be valid for the duration of a single trip but not exceeding one (1) year.

3. The format of the International Through Permit (including the International Through Permit Booklet and Emblem) is stipulated in Appendix 5a and Appendix 5b of this Circular.

Article 10. Dossier for Issuance of International Through Permit

1. For commercial vehicles:

a) Application form for issuance of Vietnam-Laos International Through Permit as prescribed in Appendix 6a (applicable to commercial transport vehicles) and Appendix 6b (applicable to other entities) of this Circular;

b) International Road Transport Operating Permit (certified copy or copy accompanied by original for verification);

In case of enterprises or cooperatives serving projects or business activities on Lao territory, they must present contracts or documents proving their ongoing project or business activity (certified copy);

c) Vehicle registration certificate (photocopy);

d) If the vehicle is not owned by the enterprise or cooperative, they must additionally present proof of the enterprise or cooperative's right to use the vehicle (photocopy).

2. For non-commercial vehicles: dossier as prescribed in points a and c of paragraph 1 of this Article.

Article 11. Procedure for Issuance of International Through Permit

1. Receiving and Processing Applications:

a) Organizations or individuals submit one (1) set of dossier to the issuing authority. The issuing authority receives the dossier, checks it; in case of required amendments or supplements, the issuing authority directly informs or notifies in writing the incomplete or required modifications;

b) Within three (3) working days from the date of receiving complete and compliant dossier, the issuing authority issues the permit.

c) Acceptance of application materials and issuance of results at the licensing authority or through postal services.

2. Licensing fees are levied in accordance with the Ministry of Finance's regulations.

Article 12. Authority for Issuance of International Through Permit

1. The Ministry of Transport authorizes the General Department of Transportation to issue Permits for the following entities:

a) Vehicles belonging to Party, National Assembly, Government, Office of Ministries, agencies at ministerial level, and agencies under Ministries headquartered in Hanoi;

b) Vehicles of units subordinate to the Ministry of Transport.

In case of fixed-route passenger-carrying commercial vehicles, the General Department of Transportation issues approval letters for enterprises to operate on the route and issues the first International Through Permit for the vehicle. The Department of Transportation bases its directive for bus stations to enter into contracts with the vehicle for pick-up and drop-off services at the station.

2. The Ministry of Transport authorizes the Department of Transportation to issue Permits for vehicles of organizations, institutions, and individuals located in local areas and to issue subsequent International Through Permits for fixed-route passenger-carrying commercial vehicles.

Article 13. Revocation and Reissuance of International Combined Transport Permit

1. The issuing authority shall revoke the issued permit if the vehicle does not comply with the contents specified in the permit.

2. Upon expiration of the permit, damage to the permit, or loss of the permit, organizations and individuals shall prepare an application for issuance of a new permit to be processed.

Article 14. Extension of International Combined Transport Permit and Time of Circulation in Vietnam for Vehicles from Laos

1. Object eligible for extension: Vehicles from Laos whose permits have expired or exceeded the permitted circulation time in Vietnam due to valid reasons (natural disasters, accidents, unrepaired malfunctions) may be extended once for a period not exceeding ten days from the date of expiration.

2. Documents include: International Combined Transport Permit; Vehicle Registration Certificate; Application for Extension according to Form 9 attached to this Circular.

3. Receiving and Processing Applications:

a) Organizations and individuals submit one set of application documents directly to the Department of Transportation;

b) Within one working day from the date of receipt of complete and correct documents, the Department of Transportation and Transport Services shall extend the International Combined Transport Permit for the vehicle; in case of non-extension, a written response stating the reason must be provided on the same day the documents are received.

4. Authority to extend: Departments of Transportation and Transport Services of provinces and centrally-administered cities where the vehicle encountered problems.

Article 15. Registration for Operating Fixed International Combined Transport Passenger Routes between Vietnam and Laos

1. Enterprises and Cooperatives meeting the conditions stipulated in Article 6 of this Circular are eligible to register for operating fixed international combined transport passenger routes between Vietnam and Laos.

2. Documents for route registration include:

a) "Application for Registration of Fixed International Combined Transport Passenger Route between Vietnam and Laos" according to the form prescribed in Appendix 7 of this Circular;

b) Photocopies of Vehicle Registration Certificates of vehicles listed in the application;

c) Scheme for operating the fixed international combined transport passenger route between Vietnam and Laos as prescribed in Appendix 8 of this Circular.

3. Procedure for approval of route operation:

a) Enterprises and cooperatives submit one set of application materials directly or through postal services to the licensing authority. The licensing authority checks and accepts the application materials; in case of required amendments or supplements, it shall notify directly or in writing the necessary amendments or supplements;

b) Within three working days from the date of receipt of complete and correct documents, the issuing authority shall issue a written approval for enterprises and cooperatives to commence operations.

c) Acceptance of application materials and issuance of results at the licensing authority or through postal services.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. This Circular replaces Circular No. 17/2005/TT-BGTVT dated December 22, 2005 of the Ministry of Transport guiding the implementation of the Memorandum of Understanding between the Ministry of Transport of Vietnam and the Ministry of Transport, Posts and Telecommunications, and Construction of Laos to implement the Agreement on Road Transport between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic.

Article 17. Responsibility for Implementation

1. The Ministry of Transport authorizes the General Department of Roads of Vietnam to issue international road transport operation permits and approve schemes for operating fixed international combined transport passenger routes between Vietnam and Laos based on the approved permit issuance plan by the Ministry of Transport.

2. The General Department of Vietnam Transportation

a) Organizing and guiding the operation of vehicles crossing the border between Vietnam and Laos;

b) Taking the lead and coordinating with relevant agencies in inspecting and handling commercial and non-commercial vehicles of Vietnam and Laos operating across the border between the two countries;

c) Organize annual meetings with the Lao Transport Administration to negotiate and resolve issues related to road transport between the two countries;

d) Print and distribute National Identification Plates, International Combined Transport Permits, and Passenger Lists.

3. Departments of Transportation and Transport Services of provinces and centrally-administered cities.

a) Organizing the dissemination and implementation of this Circular to organizations and individuals related to the area;

b) Annually report to the General Department of Roads of Vietnam on the organization and management of Vietnam-Laos combined transport activities for monitoring, summarizing, and reporting to the Ministry of Transport.

4. During the implementation process, if any issues arise, organizations and individuals should contact the General Department of Roads of Vietnam for guidance and resolution. If the issue exceeds the authority to resolve, the General Department of Roads of Vietnam shall report to the Ministry of Transport for instructions.

5. The Heads of the Office of the Ministry, the Inspectorate of the Ministry, the Heads of Departments, the Director-General of the General Department of Roads of Vietnam, the Directors of Departments of Transportation and Transport Services of provinces and centrally-administered cities, relevant agencies, organizations, and individuals are responsible for implementing this Circular./.