Circular No. 51/PC guiding the examination and issuance of permits for long-distance passenger and cargo vehicles

CIRCULAR

OF THE MINISTRY OF TRANSPORTATION NUMBER 51/PC DATED MARCH 10, 1983 GUIDING THE REVIEW AND ISSUANCE OF PERMITS FOR LONG-DISTANCE TRUCKS

51/PC OF THE MINISTRY OF TRANSPORTATION DATED MARCH 10, 1983 ON GUIDING THE REVIEW AND ISSUANCE OF PERMITS FOR LONG-DISTANCE TRUCKS

On March 2, 1979, the Prime Minister issued Directive No. 78/TTg, and on September 24, 1982, the Council of Ministers issued Decision No. 166/HĐBT regarding the immediate improvement of organizational management and production organization within the transportation sector, including the following provisions:

"To thoroughly implement fuel conservation under current circumstances. The Ministry of Transportation must immediately develop plans to regulate transport flows to fully utilize railways, sea routes, and inland waterways, ensuring that transportation by rail and waterway is provided for all sectors and localities, while limiting long-distance road transportation by trucks."

"Suspension of all truck trips between North and South Vietnam for all sectors and localities, including passenger and cargo trucks, except for special cases requiring permission from the Ministry of Transportation."

"Trucks belonging to various sectors, the military, and localities are only permitted to operate within designated areas; the use of trucks for long-distance transportation between North and South Vietnam or beyond 300 kilometers requires a permit and is subject to supervision by the Ministry of Transportation..."

To implement the aforementioned directives and decisions of the Government, the Ministry of Transportation issues this circular guiding the review and issuance of permits for long-distance trucks as follows.

I. TYPES OF TRUCKS AND LIMITS OF EACH DESIGNATED AREA
TRUCKS PERMITTED TO OPERATE IN TRANSPORTATION

1. All trucks transporting goods and passengers belonging to public transportation forces and specialized transportation forces of central and local agencies and sectors, excluding those belonging to armed forces (military and police), are only permitted to operate within the designated areas specified in Point 5 of Part I of this circular.

In exceptional cases where it is necessary to use trucks for long-distance transportation beyond the designated areas, a permit from the competent authority of the Ministry of Transportation specified in Point 1 of Part II of this circular must be obtained.

Private cars used as work vehicles by agencies and enterprises (not engaged in any form of transportation business) are not subject to this circular.

3. For trucks belonging to the armed forces, they can only transport within the designated areas specified by the Ministry of Defense (for military vehicles) and the Ministry of Interior (for police vehicles). In cases where it is necessary to use trucks for long-distance transportation beyond the designated areas, an order (permit) from the competent authority of the Ministry of Defense (for military vehicles) or the Ministry of Interior (for police vehicles) must be obtained.

4. The scope of areas permitted for transportation for trucks belonging to the armed forces will be defined by the Ministry of Defense (for military vehicles) and the Ministry of Interior (for police vehicles) based on the requirements of tasks and nature of work of units within their respective sectors.

5. The areas specified below are considered the limits of permitted transportation for trucks not belonging to the armed forces mentioned in Point 1 of Part I of this circular.

a) Trucks registered in the provinces of Lai Chau, Son La, Ha Tuyen, Cao Bang, and northward from Ha Nam Ninh.

b) Trucks registered in the provinces of Lang Son, Hoang Lien Son, Quang Ninh, Ha Bac, Bac Thai, Vinh Phu, Hai Hung, Hai Phong, and northward from Thanh Hoa.

c) Trucks registered in Hanoi City and the provinces of Ha Nam Ninh, Ha Son Binh, Thai Binh, and northward from Nghe Tinh.

d) Trucks registered in Thanh Hoa Province, northward from Dong Hoi; southward from Bac Can (Bac Thai), Lang Son, Tuyen Quang (Ha Tuyen).

e) Trucks registered in Nghe Tinh Province, northward from Quang Nam - Da Nang; southward from Hanoi.

g) Trucks registered in Binh Tri Thien Province, northward from Nghia Binh; southward from Thanh Hoa.

h) Trucks registered in Quang Nam - Da Nang Province, southward from Nghe Tinh; northward from Nha Trang.

i) Trucks registered in Nghia Binh, Gia Lai - Kon Tum Provinces, northward from Thuong Hai; southward from Binh Tri Thien.

k) Trucks registered in Phu Khanh, Dak Lak Provinces, northward from Ho Chi Minh City; southward from Quang Nam - Da Nang.

l) Trucks registered in Lam Dong, Thuong Hai Provinces, northward from Long An; southward from Nghia Binh.

m) Trucks registered in Ho Chi Minh City and the provinces of Dong Nai, Song Be, Tay Ninh, and Vung Tau Special Zone, southward from Nha Trang.

n) Trucks registered in Long An, Tien Giang, Hau Giang, Cuu Long, Dong Thap, An Giang, Kien Giang, Minh Hai, Ben Tre Provinces, southward from Thuong Hai.

II. ORGANIZATION OF THE REVIEW AND ISSUANCE OF PERMITS FOR LONG-DISTANCE TRUCKS

1. The competent authority of the Ministry of Transportation for reviewing and issuing permits for trucks transporting goods and passengers mentioned in Point 1 of Part I of this circular when required to transport over long distances beyond the designated area limit is the Department of Transport兼任交通运输调度中心（交通部）和各交通厅。具体如下：

a) The Department of Transport concurrently serving as the Transport Dispatch Center reviews and issues permits for trucks transporting goods and passengers traveling more than 800 kilometers at the following two locations:

- In Hanoi, the Department of Transport (Ministry of Transportation) at 80 Tran Hung Dao Street, Hanoi.

In Ho Chi Minh City (92 Nam Ky Khoi Nghia Street).

b) The Traffic Departments review and issue permits for trucks transporting goods and passengers traveling less than 800 kilometers.

2. The competent authority for reviewing and issuing permits (orders) for trucks belonging to the armed forces when required to transport over long distances beyond the designated area limit will be determined by the Ministry of Defense (for military vehicles) and the Ministry of Interior (for police vehicles), and simultaneously notified to the Ministry of Transportation and the Ministry of Interior for convenient coordination in inspecting the use of long-distance truck transportation on public transportation routes.

3. Agencies, units, and enterprises that require the use of trucks for long-distance transportation beyond the designated limits must submit a written request to the competent authority for reviewing and issuing permits at least 48 hours before the transportation is needed.

The request must clearly state the quantity, type of goods, and the necessity of transportation.

For requests to use automobiles for transporting goods or passengers over long distances of 800 kilometers or more, in addition to the signature of the head of the agency or enterprise in the request letter for the permit, there must also be a confirmation signature from officials at the level of Deputy Minister (if it is a central agency) or Deputy Chairman of the Provincial People's Committee (if it is a local agency) or higher.

4. Vehicles granted permits for long-distance transportation must strictly adhere to round-trip transportation schedules and fully utilize the vehicle's load capacity to avoid waste.

5. Authorities responsible for issuing permits must base their decisions on the government's policy of limiting the use of automobiles for long-distance transportation and the regulations stipulated in this circular. After assessing the actual capacity of maritime, rail, and river transport that cannot meet the demand, they shall issue permits for individual trips only when necessary to meet transportation needs and ensure the most rational use of automobiles.

6. The traffic management authority issuing permits must maintain complete records and report monthly and quarterly to the Ministry the number of permits issued, the number of vehicles, cargo volume, type of goods, passenger numbers, and the range of travel.

7. After obtaining the permit, the Department of Materials should be requested to allocate fuel for automobiles permitted for long-distance travel at convenient fuel distribution points to prevent the need for carrying reserve fuel.

8. The authority issuing permits within the Ministry of Transport may collect a processing fee from units requesting long-distance transportation permits to cover costs associated with organizing and issuing permits (printing stamps, books, etc.). This processing fee is ten dong (10đ) per permit issued for each vehicle.

III. ORGANIZATION AND IMPLEMENTATION OF INSPECTION AND VIOLATION HANDLING

1. The Transport Department and the Central Traffic Dispatch Center of the Ministry are responsible for directing, guiding, monitoring, and urging the implementation of this circular.

2. Provincial Transport Departments are responsible for organizing the issuance of permits for long-distance transportation by automobiles within their jurisdiction, coordinating closely with local police and military authorities to establish traffic control checkpoints at the most convenient locations and rigorously inspect all long-distance transportation vehicles.

3. Traffic control checkpoints, which have the function of enforcing road traffic laws, will initially focus on strictly inspecting all long-distance transportation vehicles. Depending on local requirements and capabilities, provincial transport departments may organize the consolidation of goods and assign additional tasks to checkpoints to enforce round-trip transportation and limit empty runs or underutilized vehicle loads in accordance with Decree No. 14-CP dated May 27, 1960, of the Council of Ministers.

4. Traffic control checkpoints have the authority to prepare violation reports and handle violations of road traffic laws and regulations stipulated in this circular. Handling of unauthorized long-distance transportation vehicles will be determined based on specific circumstances and may include the following measures:

a) In cases where vehicles without permits have engaged in long-distance transportation but have not left the province where the vehicle is registered, an order to cease transportation and return the vehicle is issued, along with a fine of fifty dong (50đ).

b) In cases where vehicles without permits have engaged in long-distance transportation beyond the province where the vehicle is registered, if compelling the vehicle to return is deemed impractical, a fine will be imposed based on one dong per ton-kilometer of transportation. The tonnage transported is calculated based on the vehicle's authorized load capacity, and the distance is measured from the starting point to the final destination.

c) In cases where vehicles with permits for long-distance transportation exceed the limits specified in the permit, a fine will be imposed based on one dong per ton-kilometer of excess transportation.

(Example: A 5-ton vehicle was permitted to transport goods from Hanoi to Nghe An but exceeded the limit by 50 kilometers, resulting in a fine of 5đ x 50km x 1đ = 250 dong.

d) Individuals ordering unauthorized long-distance transportation will be required to compensate the relevant agencies or units according to the material responsibility system for state employees (Decree No. 49-CP dated April 9, 1968, of the Council of Ministers). Additionally, they will face administrative disciplinary action from their superior management bodies.

e) Drivers operating unauthorized long-distance transportation will be treated as having violated traffic laws and regulations and will be subject to penalties as stipulated by current regulations (fines, suspension of driving licenses, etc.).

g) The amount of the fine for violating vehicles must be clearly recorded in the violation report prepared by the traffic control checkpoint, with the driver's signature confirming receipt. If the violator has funds available, payment must be made immediately at the checkpoint. Otherwise, the checkpoint (or the provincial transport department) will issue a collection notice and send it to the bank to demand payment from the vehicle owner.

h) Provincial transport departments may retain fifteen percent of the fines collected to reward station staff who have achieved outstanding results in their work and individuals who have helped identify violators for punishment.

To strictly implement the directives and decisions of the Council of Ministers aimed at reducing the use of automobiles for long-distance transportation and conserving fuel, the Ministry of Transport requests all ministries, provincial people's committees, and centrally-administered municipalities to widely disseminate Decision No. 166-HĐBT dated September 24, 1982, of the Council of Ministers, Directive No. 78-TTg dated March 2, 1979, of the Prime Minister, and this circular to all levels and units under their jurisdiction for implementation.