Thông tư 20/2020/TT-BGTVT

CIRCULAR

AMENDING SOME ARTICLES OF CIRCULAR NO. 63/2013/TT-BGTVT DATED DECEMBER 31, 2013 BY MINISTER OF TRANSPORT PROVIDING GUIDELINES FOR A NUMBER OF ARTICLES OF MEMORANDUM OF UNDERSTANDING BETWEEN AND AMONG THE GOVERNMENTS OF THE KINGDOM OF CAMBODIA, THE LAO PEOPLE’S DEMOCRATIC REPUBLIC AND THE SOCIALIST REPUBLIC OF VIETNAM ON ROAD TRANSPORT

Implementing the Memorandum of Understanding between and among 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 at Champasak, Laos;

Implementing the Implementation Protocol to the Agreement on Road Transport signed between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on October 10, 2005 (hereinafter referred to as “the Protocol”);

Implementing the Implementation Protocol to the Agreement on Facilitation of Cross Border Transport of Road Vehicles signed between the Government of the Socialist Republic of Vietnam and the Government of the Lao People’s Democratic Republic on September 15, 2010;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, duties, powers and organizational structure of the Ministry of Transport;

At the request of the Director General of International Cooperation Department and the General Director of Directorate for Roads of Vietnam,

The Minister of Transport hereby promulgates a Circular amending some Articles of Circular No. 63/2013/TT-BGTVT dated December 31, 2013 by the Minister of Transport providing guidelines for a number of Articles of the Memorandum of Understanding between and among the Governments of the Kingdom of Cambodia, the Lao People’s Democratic Republic and the Socialist Republic of Vietnam on road transport.

Article 1. Amendments to some Articles of Circular No. 63/2013/TT-BGTVT dated December 31, 2013 by the Minister of Transport providing guidelines for a number of Articles of the Memorandum of Understanding between and among the Governments of the Kingdom of Cambodia, the Lao People’s Democratic Republic and the Socialist Republic of Vietnam on road transport

1. Clause 1 Article 3 is amended as follows:

 “1. “commercial vehicle" means an automobile used for road transport business to which a vehicle registration certificate and a number plate have been granted by the competent authority of the Socialist Republic of Vietnam.”

2. Clause 2 Article 3 is amended as follows:

“2. “non-commercial vehicle" means an automobile of an organization or individual to which a vehicle registration certificate and a number plate have been granted by the competent authority of the Socialist Republic of Vietnam and which operates across the borders between Cambodia, Laos and Vietnam for purposes other than transport business, including:

a) Official state cars of political organizations, socio-political organizations, mass organizations and central and local service providers, and vehicles of diplomatic missions, consular missions and representative offices of international organizations based in Vietnam. Automobiles of domestic and foreign regulatory bodies, organizations, enterprises and cooperatives used for work and travel;

b) Fire engines, ambulances, breakdown lorries and vehicles used for humanitarian missions;

c) Passenger automobiles (under 09 seats) or pick-up trucks owned by individuals and used for personal purpose;

d) Automobiles, tractor units, trailers or semi-trailers attached to automobiles and special vehicles used by enterprises and cooperatives to support their works, projects or work programs in Cambodian and Laotian territories.

3. Clause 1 Article 11 is amended as follows:

“1. The CLV cross border transport permit issued to a vehicle of an enterprise or a cooperative will be evoked in any of the following cases:

a) The enterprise or cooperative fails to operate in compliance with the content of the  CLV cross border transport permit or a decision to revoke the transport business license and signage has been issued as the enterprise or cooperative committed a violation against regulations on auto transport business and conditions for auto transport business of Vietnam;

b) The vehicle does not engage in cross border transport within 03 months starting from date on which the CLV cross border transport permit is issued;

c) The vehicle fails to make at least 03 round cross border trips within 06 consecutive months;

d) The enterprise or cooperative fails to comply with regulations on reporting on CLV cross border transport provided for in Clause 3 Article 14 of this Circular.”

4. Clause 3 Article 11 is amended as follows:

“3. Procedures for revocation of CLV cross border transport permit

a) The issuing authority shall issue a decision to revoke the CLV cross border transport permit and notify relevant regulatory bodies for cooperation in such revocation;

b) The enterprise or cooperative shall return the permit to the issuing authority and cease its CLV transport business immediately upon the entry into force of the revocation decision."

5. Clause 2 Article 14 is amended and Clause 3 is added to Article 14 as follows:

a) Clause 2 Article 14 is amended as follows:

“2. Departments of Transport and Departments of Transport - Construction (hereinafter collectively referred to as “Departments of Transport”) shall report on Cambodia - Laos - Vietnam cross border transport to Directorate for Roads of Vietnam. The report shall include:

a) Report name: Báo cáo kết quả hoạt động vận tải giữa các nước Campuchia - Lào - Việt Nam (“report on results of Cambodia - Laos - Vietnam cross border transport”);

b) Report contents: results of Cambodia - Laos - Vietnam cross border transport, which is provided using the form in Point g of this Clause;

c) Report submission and receipt: the report may be submitted in person or by posts or online or in another suitable way as per the law;

d) Reporting frequency: annual;

dd) Reporting deadline: before January 20 of the year following the reporting year;

e) Data collecting period: from January 01 to December 31 of the reporting year;

g) Report form: the form in Appendix XIII enclosed with this Circular.”

b) Clause 3 of Article 14 is added as follows:

“3. Enterprises and cooperatives engaged in Cambodia - Laos - Vietnam cross border transport business shall report on their Cambodia - Laos - Vietnam cross border transport to Directorate for Roads of Vietnam and supervisory Departments of Transport. The report shall include:

a) Report name: Báo cáo kết quả hoạt động vận tải hàng hóa, hành khách giữa các nước Campuchia - Lào - Việt Nam (“report on results of Cambodia - Laos - Vietnam cross border goods and passenger transport”);

b) Report contents: results of Cambodia - Laos - Vietnam cross border goods and passenger transport, which is provided using the form in Point g of this Clause;

c) Report submission and receipt: the report may be submitted in person or by posts or online or in another suitable way as per the law;

dd) Reporting frequency: semi-annual;

dd) Reporting deadline: before July 10 of the reporting period for the report for the first half of the year and before January 10 of the following year for the report for the second half of the year;

e) Data collecting period: from January 01 to June 30 of the reporting period for the report for the first half of the year and from July 01 to December 31 of the reporting period for the report for the second half of the year;

g) Report form: the forms in Appendixes XI and XII enclosed with this Circular.

6. Appendixes I, II and III enclosed with this Circular are added to Circular No. 63/2013/TT-BGTVT dated 31/12/2013 by the Minister of Transport as Appendixes XI, XII and XIII, respectively.

Article 2. Clause 2 Article 9 of Circular No. 63/2013/TT-BGTVT dated December 31, 2013 by the Minister of Transport providing guidelines for a number of Articles of the Memorandum of Understanding between and among the Governments of the Kingdom of Cambodia, the Lao People’s Democratic Republic and the Socialist Republic of Vietnam on road transport is annulled.

Article 3. Effect

This Circular comes into force from November 15, 2020.

Article 4. Implementing responsibilities

Head of the Ministry Office, Chief Inspector of the Ministry of Transport, heads of affiliates of the Ministry of Transport, General Director of Directorate for Roads of Vietnam, Directors of Departments of Transport and Departments of Transport - Construction, heads of relevant regulatory bodies and organizations and relevant individuals shall implement this Circular./.