Circular No. 88/2014/TT-BGTVT guiding the implementation of certain provisions of the Agreement and 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.

CIRCULAR

Guidelines for Implementing Certain Provisions of the Agreement and Protocol on Facilitating 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

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Based on the Agreement on Facilitating 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");

Based on the Protocol Implementing the Agreement on Facilitating 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");

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 request of the Director of the Department of International Cooperation and the Director General of the Vietnam Highway Administration,

The Minister of Transport issues this Circular guiding the implementation of certain provisions of the Agreement and the Protocol on Facilitating 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.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of certain provisions of the Agreement and the Protocol regarding facilitating the operation of cross-border motor vehicles between Vietnam and Laos.

Article 2. Applicability

This Circular applies to organizations and individuals related to the transport of people and goods by road across the border between the two countries of Vietnam and Laos.

Chapter II

REGULATIONS ON MOTOR VEHICLES AND DRIVERS

Article 3. Regulations on Motor Vehicles

1. Motor vehicles issued with a Combined Transport Permit for Vietnam-Laos include: trucks, trailers, semi-trailers attached to trucks, and special-purpose vehicles operating on roads with vehicle registration certificates and license plates issued by competent authorities of the Socialist Republic of Vietnam. These vehicles include commercial and non-commercial vehicles.

2. Commercial vehicles include:

a) Buses operating on fixed routes;

b) Contract buses and tourist buses;

c) Trucks transporting goods;

d) Special-purpose vehicles carrying people and goods and operating on roads to serve projects, businesses, and cooperatives in Lao territory (excluding special-purpose vehicles that primarily serve construction projects in Lao territory for more than 30 days before returning home upon project completion).

3. Non-commercial vehicles include:

a) Vehicles of domestic and international agencies on official business, fire trucks, ambulances, tow trucks, and humanitarian mission vehicles (collectively referred to as official vehicles);

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

c) Vehicles of enterprises and cooperatives for official business, sightseeing, and tourism.

4. Commercial vehicles must be equipped with a vehicle tracking device, have identification marks, and comply with usage periods as prescribed.

Article 4. Duration and Scope of Operation of Motor Vehicles

1. For each trip, the vehicle may stay in the territory of the other Party for no more than 30 days from the date of entry. In cases where there are valid reasons beyond the prescribed period, an extension of up to 10 days will be granted once.

2. Scope of operation: vehicles are permitted to operate in provinces and cities of the other Party and cross designated border gates as specified in the Protocol.

3. Vehicles are not allowed to transport goods or passengers between two points within the territory of the other Party.

Article 5. Provisions on vehicle documents

When in circulation, vehicles must have valid documents along with their English translations or translations in the language of the destination country certified (except for documents printed in bilingual Vietnamese-Lao or Vietnamese-English, Lao-English) to present to relevant authorities upon request, specifically:

1. Vehicle documents include:

a) Vehicle registration certificate;

b) Safety technical inspection and environmental protection certificate;

c) International Combined Transport Permit;

d) Compulsory third-party civil liability insurance certificate;

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

2. For passenger transport vehicles, in addition to the provisions of Clause 1 of this Article, they must also have the following documents:

a) Passenger list (for fixed route passenger transport vehicles as specified in Appendix 1a of this Circular; for contract-based passenger transport vehicles and tourist passenger transport vehicles as specified in Appendix 1b of this Circular).

b) Passenger transport contract (for contract-based passenger transport vehicles).

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

a) Bill of lading;

b) Customs declaration for goods;

c) Certificate of quarantine for animals and plants.

4. In addition to the international combined transport permit, vehicles transporting dangerous goods or goods exceeding the prescribed weight or size when entering the territory of the other Contracting Party must be issued a special circulation permit by the competent authority of that Contracting Party according to regulations.

Article 6. National Identification Mark of Vehicles

The national identification mark of Laos is LAO; the national identification mark of Vietnam is VN. The national identification mark is issued together with the issuance of the International Combined Transport Permit by the issuing authority. Vietnamese vehicles must affix the national identification mark at the top right corner of the front windshield (viewed from inside the vehicle).

The model of the national identification mark of Vietnam is specified in Appendix 2 of this Circular.

Article 7. Provisions for Drivers

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

1. National or international driving license appropriate to the type of vehicle they operate.

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

3. If the driver's passport and vehicle registration certificate are not issued by the same Contracting Party, they must also provide a certified copy of a labor contract with a term of one year or more, along with its English translation or translation in the language of the destination country, or a temporary residence card or diplomatic identity card.

Chapter III

VIETNAM-LAO INTERNATIONAL ROAD TRANSPORT PERMIT

Article 8. Recipients of the Vietnam-Lao International Road Transport Permit

The recipients of the Vietnam-Lao International Road Transport Permit (Permit) are Vietnamese enterprises and cooperatives meeting the following requirements:

1. Have been engaged in domestic transportation for three years or more; not declared bankrupt or not in a state of bankruptcy declaration.

2. Possess a number of vehicles commensurate with the business plan as stipulated.

Article 9. Provisions on Issuance of the Vietnam-Lao International Road Transport Permit

1. Issuing Authority: Vietnam Highway Administration.

2. Dossier for Application for License:

a) Application for issuance of the Permit according to the form specified in Appendix 3 of this Circular.

b) Certified copy or original copy for verification of the Business License for road transport by motor vehicles (for enterprises and cooperatives required to have such a license under regulations) or Business Registration Certificate with registered business activities in road transport by motor vehicles (for enterprises and cooperatives not required to have such a license under regulations);

c) Business plan for Vietnam-Lao international road transport according to the form specified in Appendix 4 of this Circular.

3. Provisions on handling applications:

a) Enterprises and cooperatives submit one set of application documents to the Vietnam Highway Administration. If the application is incomplete according to the provisions of Clause 2 of this Article, the Vietnam Highway Administration will notify directly (if received directly) or in writing within a maximum of two working days from the date of receipt of the application the contents that need to be amended or supplemented to the enterprise or cooperative.

b) Within two working days from the date of receiving complete and compliant applications, the Vietnam Highway Administration issues the Permit to the enterprise or cooperative. If refusal to issue, it must respond in writing and specify the reasons.

c) The acceptance of documents and delivery of results shall be conducted at the headquarters of the issuing authority, through postal services, or by other appropriate means.

4. Enterprises and cooperatives pay the fee for issuing the permit according to the regulations of the Ministry of Finance.

5. The validity period of the Vietnam-Lao International Road Transport Permit is five years but does not exceed the validity period of the Business License for road transport by motor vehicles.

6. The model of the Permit is specified in Appendix 5 of this Circular.

7. When the Permit expires, enterprises and cooperatives prepare an application for reissuance of the Permit according to the provisions of Clause 2 of this Article. In case the Permit is lost or damaged, enterprises and cooperatives prepare an application for reissuance of the Permit according to the provisions of point a of Clause 2 of this Article. Expired or damaged Permits must be submitted to the Vietnam Highway Administration along with the application for reissuance of the Permit.

Article 10. Revocation of the Vietnam-Laos International Road Transport Permit

1. The General Department of Vietnam Roads shall revoke the Permit in the following cases:

a) Intentionally providing false information in the application dossier for the Permit;

b) Operating the type of transport not in accordance with the Permit;

c) When the business permit for road transport by motor vehicles or the business registration certificate is revoked by the competent authority.

2. Procedure for revoking the Permit:

a) The General Department of Vietnam Roads issues a decision to revoke the Permit and notifies the decision to revoke the Permit to the Department of Transportation and related agencies for coordination in implementation;

b) Enterprises and cooperatives return the Permit and the Vietnam-Laos Combined Transport Permit to the Department of Transportation where the enterprise or cooperative has its main office or branch office, immediately ceasing all Vietnam-Laos road transport activities upon the effective date of the revocation decision. The Department of Transportation reports the results of the revocation to the General Department of Vietnam Roads.

Chapter IV

VIETNAM-LOAS COMBINED TRANSPORT PERMIT

Article 11. Vietnam-Laos Combined Transport Permit

1. The Vietnam-Laos Combined Transport Permit is issued to commercial vehicles belonging to enterprises and cooperatives that have been granted the Vietnam-Laos International Road Transport Permit for multiple trips, valid for one year but not exceeding the validity period of the Vietnam-Laos International Road Transport Permit.

The Vietnam-Laos Combined Transport Permit is issued to commercial vehicles belonging to enterprises and cooperatives serving projects and activities and supporting the business operations of enterprises and cooperatives on Lao territory for multiple trips, valid for one year but not exceeding the completion date of the project, activity, or business operation of the enterprise or cooperative on Lao territory.

For passenger transport vehicles operating under contracts and tourist passenger transport, the Vietnam-Laos Combined Transport Permit is issued for the duration of the trip but not exceeding thirty days.

2. The Vietnam-Laos Combined Transport Permit for non-commercial vehicles is valid for thirty days from the date of issuance.

For official vehicles, the Vietnam-Laos Combined Transport Permit may be issued for the duration of the trip but not exceeding one year.

3. The form of the Vietnam-Laos Combined Transport Permit (including the Vietnam-Laos Combined Transport Permit book and combined transport emblem) is specified in Appendix 6a and Appendix 6b of this Circular.

Article 12. Application Dossier for the Vietnam-Laos Combined Transport Permit

1. For commercial vehicles (applicable to transport business vehicles):

a) An application form for the Vietnam-Laos Combined Transport Permit as stipulated in Appendix 7a of this Circular;

b) The Vietnam-Laos International Road Transport Permit;

c) Vehicle registration certificate and lease agreement for the vehicle with financial leasing organizations or asset leasing organizations, or lease agreement between members and cooperatives if the vehicle does not belong to the transport business entity;

d) Certificate of technical safety inspection and environmental protection;

đ) Documentation approving route exploitation, documentation replacing vehicles, or documentation supplementing vehicles from the route management agency, and passenger pick-up and drop-off agreements at bus stations in Vietnam and Laos (for fixed-route passenger transport business vehicles).

2. For non-commercial vehicles and commercial vehicles serving projects, activities, or business operations of enterprises and cooperatives on Lao territory:

a) An application form for the Vietnam-Laos Combined Transport Permit as stipulated in Appendix 7b of this Circular;

b) Vehicle registration certificate, in cases where the vehicle does not belong to an organization or individual, a lease agreement between the organization or individual and a financial leasing organization or an organization or individual with the function of asset leasing according to the law must be attached;

c) Certificate of technical safety inspection and environmental protection;

d) Contract or document proving the unit's implementation of projects, activities, or business operations on Lao territory (for enterprises and cooperatives serving projects, activities, or business operations on Lao territory);

đ) Decision dispatching for official duties by the competent authority (for official duty travel and diplomatic missions, international organizations traveling on official business).

3. Documents specified in points b, c, d, đ of Clause 1 of this Article and points b, c, d of Clause 2 of this Article must be certified copies or copies accompanied by original documents for verification.

Article 13. Provisions on Issuing Combined Transport Permit for Vietnam-Laos

1. Provisions on handling applications:

a) Organizations and individuals submit one set of application documents to the issuing authority. In cases where the submitted documents do not fully comply with the provisions of Article 12 of this Circular, the issuing authority shall directly notify (in case of direct submission) or notify in writing the contents that need to be amended or supplemented to the organizations and individuals requesting the permit within a maximum period of two working days from the date of receipt of the documents;

b) Within two working days from the date of receiving complete and compliant documents, the issuing authority shall issue the Combined Transport Permit for Vietnam-Laos; in case of refusal to issue, it must respond in writing and specify the reasons;

c) The acceptance of applications and issuance of results shall be conducted at the issuing authority's office, through postal services, or by other appropriate means.

2. Organizations and individuals pay the fee for issuing the Combined Transport Permit for Vietnam-Laos according to the regulations of the Ministry of Finance.

3. When the Combined Transport Permit for Vietnam-Laos expires or is damaged or lost, organizations and individuals shall prepare an application to reissue the Combined Transport Permit for Vietnam-Laos in accordance with the provisions of Article 12 of this Circular (in case of loss, the reason must be clearly stated). Expired or damaged permits shall be returned to the issuing authority together with the application for reissuance of the Combined Transport Permit for Vietnam-Laos.

Article 14. Authority Issuing Combined Transport Permit for Vietnam-Laos

1. The General Department of Roads of Vietnam issues the Combined Transport Permit for Vietnam-Laos for the following types of vehicles:

a) Vehicles of agencies of the Party, National Assembly, Government, Ministries, ministerial-level agencies, agencies under ministries, political and social organizations at the central level, and diplomatic agencies and representative offices of international organizations located in Hanoi;

b) Vehicles of agencies and units under the Ministry of Transport;

2. Provincial Departments of Transportation issue the Combined Transport Permit for Vietnam-Laos for vehicles of agencies, organizations, and individuals belonging to other categories located in their respective provinces.

3. Provincial Departments of Transportation located at border gates adjacent to Laos, as stipulated in the Protocol, in addition to issuing permits as prescribed in Clause 2 of this Article, also issue Combined Transport Permits for non-commercial vehicles of organizations and individuals located in other provinces of Vietnam passing through border gates under their management.

Article 15. Revocation of Combined Transport Permit for Vietnam-Laos

The authority issuing the Combined Transport Permit for Vietnam-Laos may revoke the issued permit if organizations and individuals holding the permit fail to comply with the contents recorded in the permit or violate regulations on transport management. Organizations and individuals shall return the Combined Transport Permit for Vietnam-Laos to the issuing authority.

Article 16. Extension of Combined Transport Permit for Laos-Vietnam and Time Limit for Circulation in Vietnam for Laotian Vehicles

1. Eligible for extension: Laotian vehicles whose permits have expired or exceeded the time limit for circulation in Vietnam due to valid reasons (natural disasters, accidents, unrepaired damage) can be extended once for a period not exceeding ten days from the expiration date.

2. Authority to extend: Provincial Departments of Transportation where the vehicle encountered difficulties.

3. Documents for extension include: Original Combined Transport Permit for Laos-Vietnam; Vehicle Registration Certificate (certified copy or copy accompanied by the original for verification); Application for Extension according to Form 8 of this Circular.

4. Provisions on handling applications

a) Organizations and individuals submit one set of documents directly to the local Department of Transportation where the vehicle encountered difficulties;

b) Within one working day from the date of receiving complete and compliant documents, the Provincial Department of Transportation shall extend the Combined Transport Permit for Laos-Vietnam for Laotian vehicles; the extension shall be made in the extension section of the Combined Transport Permit for Laos-Vietnam; in case of refusal to extend, it must respond in writing specifying the reasons on the same day of receiving the documents.

Chapter V

PROVISIONS ON REGULAR PASSENGER TRANSPORT ROUTES BETWEEN VIETNAM AND LAOS

Article 17. Registration for Operating Fixed Route Passenger Transport between Vietnam and Laos

1. Enterprises and cooperatives that meet the current conditions for operating passenger transport by road using motor vehicles may register to operate fixed route passenger transport between Vietnam and Laos.

2. The application for operating a route includes:

a) A registration form for operating fixed route passenger transport between Vietnam and Laos according to the model prescribed in Appendix 9 of this Circular;

b) A certified copy or a copy accompanied by the original for verification of the vehicle registration certificate and lease contracts for vehicles with financial leasing organizations or asset leasing organizations, or lease contracts between members and cooperatives if the vehicles are not owned by the transport enterprises;

c) A certified copy or a copy accompanied by the original for verification of the International Road Transport Permit between Vietnam and Laos;

d) An operational plan for operating fixed route passenger transport between Vietnam and Laos by motor vehicles according to the model prescribed in Appendix 10 of this Circular;

đ) Survey reports and partnership contracts for new routes proposed to be opened, or partnership contracts for existing routes between enterprises and cooperatives and their Laotian partners;

3. Provisions on handling applications:

a) Enterprises and cooperatives submit one set of documents to the route management agency. In cases where the submitted documents do not fully comply with the provisions of Clause 2, Article 17 of this Circular, the route management agency shall directly notify (in case of direct submission) or notify in writing within a maximum period of two working days from the date of receipt of the documents the contents that need to be amended or supplemented to the enterprises and cooperatives;

b) Within two working days from the date of receiving complete and compliant documents, the route management agency issues a document approving the operation of the route. If approval is not granted, it must be notified in writing and the reasons must be clearly stated;

c) Submission of documents and issuance of results shall be conducted at the headquarters of the route management agency, through postal services, or by other appropriate means.

4. The document approving the operation of the route takes effect from the date of signature and has a validity period according to the validity of the International Road Transport Permit between Vietnam and Laos. After sixty days from the date of issuance of the approval document, if the enterprise or cooperative does not put the vehicles into operation, the approval document will lose its validity. The document approving the operation of the route follows the model prescribed in Appendix 11 of this Circular;

5. Fixed route intermodal passenger transport between Vietnam and Laos must start and end (on Vietnamese territory) at bus stations from Class I to Class IV or Class V bus stations located in poor districts as defined by the Government;

6. Vehicles operating fixed route passenger transport between Vietnam and Laos must have transportation orders. Transportation orders are issued for each trip in both directions (for trips spanning multiple days) or daily (for multiple trips in one day). Transportation orders are printed by enterprises and cooperatives according to the model prescribed in Appendix 12 of this Circular. Transportation orders must be numbered sequentially by year for management purposes;

7. Enterprises operating fixed route passenger transport between Vietnam and Laos must register and implement service quality standards for passenger transport as prescribed;

8. The management agency for fixed route passenger transport between Vietnam and Laos: Vietnam Highway Administration.

Article 18. Supplementing and replacing means of exploitation for fixed international passenger transport routes between Vietnam and Laos

1. Enterprises and cooperatives currently operating on the route have the right to supplement and replace means of transport.

2. Documents for registering the supplementing of means of transportation as stipulated in points a, b, and d, Clause 2, Article 17 of this Circular.

3. Documents for registering the replacement of means of transportation as stipulated in points a and b, Clause 2, Article 17 of this Circular.

4. Procedures for processing documents, the effectiveness of documents for supplementing and replacing means of transportation, dispatch orders, and the approving authority for supplementing and replacing means of transportation as stipulated in Clauses 3, 4, 7, and 8, Article 17 of this Circular. The approval document for supplementing and replacing means of transportation for the route shall be in accordance with the model specified in Appendix 13 of this Circular.

Article 19. Ceasing exploitation of routes, adjusting frequency of vehicle operation on fixed international passenger transport routes between Vietnam and Laos

1. Ceasing to exploit the route.

a) Enterprises and cooperatives currently operating on fixed international passenger transport routes between Vietnam and Laos must notify in writing according to the model specified in Appendix 14 of this Circular to the route management agency at least 15 days before ceasing operations on the route.

b) Within the latest two working days from the date of receiving the request document, the route management agency issues the approval document for ceasing exploitation of the route according to the model in Appendix 15 of this Circular and publicly announces it so that other enterprises and cooperatives can register for exploitation.

c) Five working days after ceasing exploitation, enterprises and cooperatives must return the route exploitation approval, National Distinction Mark, and International Combined Transport Permit of vehicles ceasing operations on the route to the Department of Transportation and Roads of the locality where the enterprise or cooperative has its main office or branch office.

2. Adjusting frequency of vehicle runs on the route

a) At least ten days prior to implementing adjustments to the frequency of vehicle operation on the route, enterprises and cooperatives must notify in writing according to the model specified in Appendix 16 of this Circular to the route management agency;

b) Within the latest two working days from the date of receiving the request document, the route management agency issues the approval document for adjusting the frequency of vehicle operation on the route according to the model specified in Appendix 17 of this Circular;

c) At least three days before implementing the adjustment of the frequency of runs, bus stations are responsible for publicly announcing the information at the station;

d) In case of vehicles ceasing operations on the route, within the latest five working days, enterprises and cooperatives must return the National Distinction Mark and International Combined Transport Permit of vehicles ceasing operations on the route to the Department of Transportation and Roads of the locality where the enterprise or cooperative has its main office or branch office.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20. Reporting System

Annually, on January 15th and July 15th, enterprises and cooperatives engaged in Vietnam-Laos transportation business must report their operational situation to the Vietnam Highway Administration and the Department of Transportation and Roads of the locality. The report form for passenger transport activities is specified in Appendix 18 of this Circular, and the report form for cargo transport activities is specified in Appendix 19 of this Circular.

Article 21. Organization of Implementation

1. Vietnam Highway Administration

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) Building, deploying, and guiding the implementation of software for managing road transport activities between Vietnam and Laos;

d) Taking the lead in organizing annual meetings with the Lao Road Transport Administration to exchange and resolve issues related to road transport between the two countries;

đ) Printing and issuing the National Distinction Mark of Vietnam, International Road Transport Permit for Vietnam-Laos, Combined Transport Permit for Vietnam-Laos, and passenger lists.

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) Annually reporting to the Vietnam Highway Administration on the organization and management of Vietnam-Laos combined transport activities for monitoring, summarizing, and reporting to the Ministry of Transport. The report form is specified in Appendix 20 of this Circular.

3. During the implementation process, if any difficulties arise, organizations and individuals should contact the Vietnam Highway Administration for guidance and resolution. If the difficulty exceeds the authority to resolve, the Vietnam Highway Administration will report to the Ministry of Transport for instructions.

Article 22. Effectiveness

1. This Circular takes effect from March 1, 2015.

2. This Circular replaces Circular No. 38/2011/TT-BGTVT dated May 18, 2011, 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.

Article 23. Responsibility for Implementation

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