Circular No. 63/2013/TT-BGTVT guiding the implementation of certain provisions of the Memorandum between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic, and the Socialist Republic of Vietnam on road transport

CIRCULAR

Guidelines for implementing certain provisions of the Memorandum between the Governments

of the Kingdom of Cambodia, the Lao People's Democratic Republic

and the Socialist Republic of Vietnam on road transport

_______________

Pursuant to the Memorandum 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 in Champasak, Laos;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

The Minister of Transport hereby issues this Circular guiding the implementation of certain Articles of the Memorandum between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic and the Socialist Republic of Vietnam on road transport,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of certain provisions of the Memorandum between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic and the Socialist Republic of Vietnam on road transport to organize and manage cross-border road transport activities among Cambodia, Laos and Vietnam.

Article 2. Applicability

This Circular applies to organizations and individuals related to cross-border road transport activities involving the transportation of people and goods between Cambodia, Laos and Vietnam.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Commercial motor vehicles (hereinafter referred to as commercial vehicles): are automobiles used for business purposes in cargo transportation and passenger transportation, including automobiles, automobile tractors, trailers or semi-trailers pulled by automobiles and specialized motorcycles operating on roads with vehicle registration certificates and license plates issued by the competent authority of the Socialist Republic of Vietnam.

2. Non-commercial motor vehicles (hereinafter referred to as non-commercial vehicles): are automobiles of organizations and individuals with vehicle registration certificates and license plates issued by the competent authority of the Socialist Republic of Vietnam traveling across the borders of Cambodia, Laos, and Vietnam for non-business purposes, specifically including:

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

b) Passenger automobiles with fewer than nine seats and pick-up trucks for personal purposes;

c) Fire engines, ambulances, rescue vehicles, and humanitarian mission vehicles;

d) Automobiles, automobile tractors, trailers, or semi-trailers pulled by automobiles and specialized motorcycles of enterprises and cooperatives transporting goods and materials for projects or business operations within the territory of Cambodia and Laos.

3. Transit transport: is the activity of transporting people and goods through the territory of one Contracting Party, where the starting and ending points of the journey are outside the territory of that Contracting Party.

4. International transport: is the activity of transporting people and goods through the territory of at least two Contracting Parties, where the starting and ending points of the journey are not within the territory of one Contracting Party.

5. Road transport business unit: is an enterprise, cooperative, or individual business permitted to operate road transport services using automobiles according to regulations.

Chapter II

REGULATIONS FOR VEHICLES

Article 4. Duration and Scope of Operation of Motor Vehicles

1. For each trip, the vehicle is allowed to remain in the territory of one Contracting Party for no more than thirty days from the date of entry. In cases exceeding the prescribed period, if there is a reasonable cause, it may be extended once for a maximum of ten days.

2. Scope of activities:

a) Vehicles engaged in international transport are permitted to cross borders through the border gates specified in Appendix I of this Circular;

b) Vehicles engaged in transit transport are permitted to transport goods along the border gates and transit routes specified in Appendix II of this Circular.

3. Vehicles are not permitted to transport goods or passengers between two points within the territory of one Contracting Party.

Article 5. Provisions for vehicles

Vehicles crossing the border must have valid documents as specified in Appendix III of this Circular and must present them to authorized agencies when requested.

In cases where the aforementioned documents are not printed in both Vietnamese and English, they must be accompanied by an English translation issued by the agency issuing the document or confirmed by a legitimate notary office.

Article 6. National Identification Mark of Vehicles

The country identification mark for Cambodia is KH; for Laos is LAO; for Vietnam is VN. The country identification mark shall be issued together with the transport permit by the licensing authority. Vietnamese vehicles must display the country identification mark in the upper right corner of the front windshield (viewed from inside the vehicle) and in a visible position at the rear of the vehicle.

The model of the country identification mark for Vietnam is specified in Appendix IV of this Circular.

Chapter III

CROSS-BORDER TRANSPORT PERMIT FOR CAMBODIA - LAOS - VIETNAM

Article 7. Cross-border Transport Permit for Cambodia - Laos - Vietnam

1. The Cross-border Transport Permit for Cambodia - Laos - Vietnam (hereinafter referred to as the CLV Transport Permit) is granted to commercial vehicles with a validity of one year for multiple trips. The vehicle must be legally owned by transportation businesses operating motor vehicles.

2. The CLV Transport Permit for non-commercial vehicles has a validity period of sixty days from the date of issuance.

For official vehicles or vehicles belonging to diplomatic agencies, consular agencies, representative offices of international organizations in Vietnam, and vehicles of enterprises or cooperatives engaged in transportation services for projects, works, or business activities of those enterprises or cooperatives on Laotian or Cambodian territory, the permit will be issued based on the duration and purpose of the trip but shall not exceed one year.

3. The model of the CLV Transport Permit is specified in Appendix V of this Circular.

Article 8. Documents Required for Issuing the CLV Transport Permit

1. For commercial vehicles:

a) Application form for issuing the CLV Transport Permit for commercial vehicles as specified in Appendix VI of this Circular;

b) Business license for road transportation using motor vehicles or Business Registration Certificate for transportation businesses using motor vehicles that are exempt from obtaining a business license for road transportation using motor vehicles (certified copy or original copy for verification);

c) Vehicle registration certificate (certified copy or original copy for verification);

d) Approval document for route operation (for passenger vehicles operating on fixed routes);

đ) In case the vehicle does not belong to the transportation business, additional documentation proving the legal usage rights of the transportation business over the vehicle must be presented (certified copy or original copy for verification).

2. For non-commercial vehicles:

a) Application form for issuing the CLV Transport Permit for non-commercial vehicles as specified in Appendix VII of this Circular;

b) Vehicle registration certificate (certified copy or original copy for verification). If the vehicle does not belong to the organization or individual, additional documentation proving the legal usage rights of the organization or individual over the vehicle must be attached (certified copy or original copy for verification);

c) For enterprises or cooperatives implementing projects, works, or business activities on Laotian or Cambodian territory, a Contract or document proving the implementation of the project, work, or business activity on Laotian or Cambodian territory must be attached (certified copy).

Article 9. Procedure for Issuing Combined Transport Permit (CLV)

1. Receiving and Processing Applications:

a) Organizations and individuals submit one set of application documents to the issuing authority. The issuing authority receives the application, reviews it; if the application requires amendments or supplements, the issuing authority will notify directly on the same working day (in case of direct submission) or notify in writing within no more than two working days from the date of receipt (in case of submission via postal service) about the incomplete or required amendments;

b) Within three working days from the date of receiving complete and compliant application documents, the issuing authority issues the Permit; in case of refusal to issue, a written response must be provided with clear reasons stated;

c) Application receipt and result delivery can be conducted at the issuing authority or through the postal system.

2. Fees for Issuing the Permit shall be in accordance with the regulations of the Ministry of Finance.

Article 10. Issuing Authority for Combined Transport Permit (CLV)

1. The Vietnam Highway Administration issues Permits for the following types of vehicles:

a) Commercial vehicles including contract passenger transport vehicles, tourist passenger transport vehicles, and cargo transport vehicles;

b) Non-commercial vehicles including vehicles of Party organizations, National Assembly, Government, offices of Ministries, agencies equivalent to Ministries, agencies under Ministries, diplomatic agencies, consular agencies, and representative offices of international organizations located in Hanoi.

2. Local Departments of Transportation issue Permits for fixed-route passenger transport vehicles and non-commercial vehicles of organizations and individuals based in their localities, except for those specified in point b, Clause 1 of this Article.

2. Local Departments of Transportation where border gates adjacent to Laos and Cambodia are located as listed in Appendix I and Appendix II of this Circular, in addition to issuing Permits according to the provisions of Clause 2 of this Article, also issue Permits for non-commercial vehicles of organizations and individuals based in other provinces of Vietnam passing through their local border gates.

Article 11. Revocation and Reissuance of Combined Transport Permit (CLV)

1. The issuing authority may revoke the issued Permit if the vehicle does not comply with the contents recorded in the Permit or if the vehicle has not operated for three consecutive months from the date of issuance of the Permit.

2. Upon expiration of the Permit or if the Permit is damaged or lost, organizations and individuals must prepare an application for reissue of the Permit in accordance with Articles 8 and 9 of this Circular. The old Permit or damaged Permit must be returned to the issuing authority; in case of loss, a report and commitment regarding the loss must be submitted.

Article 12. Extension of Combined Transport Permit (CLV) and Time Limit for Operation in Vietnam for Vehicles from Laos and Cambodia

1. Eligible for extension: Vehicles from Laos and Cambodia encountering force majeure situations (natural disasters, traffic accidents, unreparable vehicle breakdowns in Vietnam) may be granted an extension of up to ten days from the expiry date.

2. Documents for Extension Request Include:

a) An extension request form as prescribed in Appendix VIII of this Circular;

b) Combined Transport Permit (CLV);

c) Vehicle registration certificate.

3. Receiving and Processing Applications:

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

b) If the application requires amendments or supplements, the issuing authority will notify the organization or individual directly on the same working day from the date of receipt, specifying the incomplete or required amendments;

c) Within one working day from the date of receiving complete and compliant application documents, the Department of Transportation will issue an extension of the Combined Transport Permit (CLV) and send it to the organization or individual; in case of denial, a written response must be provided with clear reasons stated.

4. Authority to Extend: Departments of Transportation of provinces and centrally-administered cities where the vehicle encountered the incident.

Article 13. Registration for Operating International Combined Passenger Transport Routes between Vietnam - Laos - Cambodia

1. The registration dossier for operating the route includes:

a) The application form for operating the international combined passenger transport route between Vietnam - Laos - Cambodia according to the model prescribed in Appendix IX of this Circular;

b) A copy of the vehicle operation registration certificate on the route (certified true copy or original copy attached for verification);

c) The plan for operating the international combined passenger transport route between Vietnam - Laos - Cambodia as stipulated in Appendix X of this Circular;

d) Partnership contracts between enterprises, cooperatives and partners from Laos and/or Cambodia (certified true copy or original copy attached for verification).

2. Procedure for approving the operation of the route:

a) Enterprises, cooperatives submit one set of the dossier directly or through the postal system to the licensing authority. The licensing authority receives the dossier, checks it; in cases where the dossier needs to be amended or supplemented, the licensing authority will notify directly on the same working day (for direct submission) or notify in writing within two working days from the date of receipt of the dossier (for submission via the postal system) about the incomplete contents or those that need to be amended;

b) Within three working days from the date of receiving the complete dossier in accordance with regulations, the licensing authority issues a document approving enterprises, cooperatives to operate the route and confirms the partnership contract; in case of refusal to issue, a written response must be given stating the reasons;

c) The acceptance of the dossier and issuance of results at the licensing authority or through the postal system;

d) The approval document for operating the route takes effect from the date of signature and has a validity period according to the validity of the business license for road passenger transport by bus. After sixty days from the date of issuance of the approval document, if the transport enterprise does not put vehicles into operation, the approval document will lose its validity.

3. The authority approving the operation of the route: The Department of Transportation of the province or city directly under the Central Government where the departure or arrival station of the international combined passenger transport route between Vietnam - Laos - Cambodia is located shall accept the dossier and examine and approve the operation of the route for transport enterprises applying to participate in the operation of the route..

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Implementation Organization

1. Vietnam Highway Administration

a) Organize and guide activities for vehicles crossing the border by road between Cambodia - Laos - Vietnam;

b) Take the lead and coordinate with relevant agencies in inspecting and handling commercial and non-commercial vehicles of Cambodia, Laos, and Vietnam operating across the borders of the three countries;

c) Organize an annual conference with the Lao Transport Bureau and the Cambodian Transport General Department to negotiate and resolve issues related to road transport among the three countries;

d) Print and distribute the National Identification Plates of Vietnam and the Combined Transport Permit CLV.

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

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

b) Report annually to the Vietnam Highway Administration on the organization and management of Cambodia - Laos - Vietnam combined transport operations for monitoring, summarizing, and reporting to the Ministry of Transport.

Article 15. Effective Date

1. This Circular takes effect from February 20, 2014.

2. During the implementation process, if there are any difficulties arising, organizations and individuals should contact the Vietnam Highway Administration for guidance and resolution. In cases exceeding the authority to resolve, the Vietnam Highway Administration shall report to the Ministry of Transport for instructions on implementation.

Article 16. Responsibility for Implementation

The Director of the Office of the Ministry, the Inspector General of the Ministry, Heads of Departments, the Director-General of the Vietnam Highway Administration, Directors of Provincial and Municipal Departments of Transportation under the Central Government, relevant agencies, organizations, and individuals are responsible for implementing this Circular./.