Decision No. 824/2002/QD-BGTVT Issuing Regulations on Transporting Oversized and Overweight Cargo by Road.

 Pursuant to …;

Issuing Regulations on Transporting Oversized and Overweight Cargo by Road

bằng đường bộ.

THE MINISTER OF TRANSPORTATION

WHEREAS, the Road Traffic Law dated June 29, 2001;

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government on the tasks, powers, responsibilities for state management, and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Vietnam Highway Administration and the Head of the Legal Affairs and Transportation Department,

Pursuant to …;

Article 1. Now hereby promulgates with this Decision the "Regulations on Transporting Oversized and Overweight Cargo by Road".

Article 2. This Decision shall take effect fifteen days from the date of signature. Previous regulations contrary to this Decision are abolished.

Article 3. The following officials: Chief of the Ministry's Office, Head of the Legal Affairs and Transportation Department, Director of the Vietnam Highway Administration, Directors of Provincial Departments of Transport (Public Transport), Central City Departments of Transport (Public Transport), Heads of agencies and units related are responsible for implementing this Decision.

 

REGULATIONS

Transporting oversized and overweight cargo

by road

(Enacted together with Decision No. 824/2002/QD-BGTVT dated March 25, 2002 of the Minister of Transport)

Chapter 1
GENERAL PROVISIONS

Article 1. Scope of Regulation

This document regulates the transportation of oversized and overweight cargo by road vehicles on the national road system of the Socialist Republic of Vietnam.

Article 2. Applicability

Article 1. These provisions apply to agencies, organizations, and individuals involved in the transportation of oversized and overweight cargo.

Article 2. In cases where international treaties related to the transportation of oversized and overweight cargo by road that Vietnam has signed or joined contain different provisions than these regulations, the provisions of such international treaties shall apply.

Article 3. Responsibilities of organizations and individuals transporting cargo

Organizations and individuals transporting oversized and overweight cargo by road must comply with the following regulations:

Point 1. Must obtain permission from competent state management authorities for roads.

Point 2. When transporting oversized and overweight cargo, they must follow the regulations stipulated in the permit.

Article 4. Definitions

In this Regulation, the following terms shall be understood as follows:

Point 1. "Vehicle owner" refers to the organization or individual named as the owner or user of the vehicle.

Point 2. "Carrier" is the party accepting the transport of oversized and overweight cargo.

Point 3. "Cargo owner" is the party hiring the transport of oversized and overweight cargo.

Point 4. "Total weight" includes the self-weight of the vehicle and the weight of the cargo.

Chapter 2
TRANSPORTING OVERSIZED AND OVERWEIGHT CARGO

Article 5. Oversized and overweight cargo

Point 1. Oversized cargo is cargo with actual dimensions of each indivisible item when loaded onto a road vehicle having:

Width exceeding 2.5 meters;

Or height exceeding 4.2 meters measured from ground level;

Or length exceeding 20 meters.

Point 2. Overweight cargo is cargo with actual weight of each indivisible item exceeding 30 tons.

Article 6. Vehicles transporting oversized and overweight cargo

Point 1. Vehicles transporting oversized and overweight cargo must have load capacity and dimensions suitable for the cargo being transported.

In necessary cases, the load-bearing capacity of the vehicle may be reinforced but must be according to approved design.

Point 2. Must have a valid certificate of technical safety and environmental protection.

Article 7. Responsibilities of the cargo owner

Point 1. Inform the carrier about the weight, dimensions of the cargo and the loading/unloading locations.

Point 2. Be responsible for the shipping label (name, address of sender, recipient, weight, dimensions, loading/unloading method, storage requirements...).

Markings for storage and handling shall be applied according to international practice and current state regulations.

Point 3. Fully cooperate with the carrier to resolve any issues arising during the transportation process.

Article 8. Responsibilities of the Carrier

1. Registering business operations in accordance with the provisions of the law and meeting the conditions for business operations under Decree No. 92/2001/NĐ-CP dated December 11, 2001 of the Government on conditions for operating motor vehicle transportation.

2. Having a sufficient team of drivers, technical staff, and workers to operate vehicles and specialized equipment.

3. Taking the lead and coordinating with relevant agencies to develop transportation plans for oversized and overweight cargo to ensure safety for people, goods, and traffic infrastructure.

The main contents of the plan include:

- Surveying the driving route: road sections, bridges, ferries to be traveled.

- Locations and terrain for loading and unloading.

- Requirements for guidance support to ensure traffic safety on the road when the transport vehicle passes through.

- Speed of travel, time of departure, parking points...

The survey and design work aimed at reinforcing the load-bearing capacity and passage capability of the road must be approved by the road management agency.

4. Implementing the transportation of oversized and overweight cargo according to the contract signed with the party having the goods.

Article 9. Loading and Unloading of Oversized and Overweight Cargo

The loading and unloading of goods shall be carried out by agreement between the Carrier and the Party having the goods but must comply strictly with the instructions regarding storage and handling as stipulated by the Party having the goods.

Chapter 3
LICENSE FOR TRANSPORTATION OF OVERSIZED AND OVERWEIGHT CARGO

Article 10. Issuance of Transportation License

The issuance of licenses for the transportation of oversized and overweight cargo shall be implemented in accordance with Circular No. 21/2001/TT-BGTVT dated December 10, 2001 of the Minister of Transport on Guidelines for the Circulation of Overloaded, Overdimensioned Vehicles and Track-Laying Vehicles on Roads.

Article 11. Inspection, Supervision, and Handling of Violations

Inspection, supervision, and handling of violations of this Regulation shall be carried out in accordance with current regulations on inspection, supervision, and handling of violations.

Chapter 4
EFFECTIVE DATE OF IMPLEMENTATION

Article 12. This Regulation takes effect fifteen days from the date of signature. Previous regulations that conflict with this Regulation are hereby abolished./.