Thông tư 29/2020/TT-BGTVT

CIRCULAR

AMENDING SOME ARTICLES OF CIRCULAR NO. 23/2012/TT-BGTVT DATED JUNE 29, 2012 BY MINISTER OF TRANSPORT PROVIDING GUIDELINES FOR AGREEMENT AND PROTOCOLS ON ROAD TRANSPORT BETWEEN THE GOVERNMENTS OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE PEOPLE'S REPUBLIC OF CHINA

Implementing the Agreement on Road Transport between the Governments of the Socialist Republic of Vietnam and the People's Republic of China signed on November 22, 1994, and Protocol to amend the Agreement on Road Transport between the Governments of the Socialist Republic of Vietnam and the People's Republic of China signed on October 11, 2011 (hereinafter referred to as “Agreement”);

Implementing the Protocol between the Governments of the Socialist Republic of Vietnam and the People's Republic of China to implement the Agreement on Road Transport between the Governments of the Socialist Republic of Vietnam and the People's Republic of China signed on October 11, 2011 (hereinafter referred to as “Protocol”);

Implementing the Agreement between the Ministry of Transport of the Socialist Republic of Vietnam and the Ministry of Transport of the People's Republic of China on issuance of international road transport permit signed on May 30, 2012;

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 Director General of Directorate for Roads of Vietnam,

The Minister of Transport hereby promulgates a Circular amending some Articles of Circular No. 23/2012/TT-BGTVT dated June 29, 2012 by the Minister of Transport providing guidelines for Agreement and Protocols on Road Transport between the Governments of the Socialist Republic of Vietnam and the People's Republic of China.

Article 1. Amendment to some Articles of Circular No. 23/2012/TT-BGTVT dated June 29, 2012 by the Minister of Transport providing guidelines for Agreement and Protocols on Road Transport between the Governments of the Socialist Republic of Vietnam and the People's Republic of China

1. Title of Article 5 is amended as follows:

“Article 5. Bus stations, goods stations, parking lots and rest stops of Vietnam, specimen passenger lists for Vietnam - China road transport”

2. Clause 4 is added after Clause 3 Article 5 as follows:

“4. Specimen passenger lists for scheduled and non-scheduled passenger transport are provided for in Appendix IVb and Appendix IVc enclosed therewith”.

3. Point b Clause 2 Article 6 is amended as follows:

“b) Control Vietnamese and Chinese vehicles entering and exiting Vietnam at border checkpoints and confirm transport licenses thereof”.

4. Points b and c Clause 1 Article 8 are amended as follows:

“b) Copy of the auto transport business license;

c) Vehicle list and copy of the certificate of automobile registration;

In case a vehicle does not belong to the enterprise or cooperative, a photocopy of one of the following documents is required: the written rental contract concerning the vehicle with an organization or individual, or a service contract between the cooperative and member thereof, or a business cooperation agreement;”.

5. Clause 2 Article 10 is amended as follows:

“2. Departments of Transport and Departments of Transport - Construction of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh and Lao Cai have the power to issue:

a) Transport license of classes A, B and C;

b) Transport license of classes F and G applied for for the second time onwards in the year.”

6. Article 11 is amended as follows:

 “1. Procedure for issuance of letter of introduction for application for class D transport license, class A or E license or class B, C, F or G license for the first time in the year

a) The applicant shall submit an application to the licensing authority. If the application needs to be amended, the licensing authority shall inform the content to be amended to the applicant directly or in writing or via the online public services system within 01 working day starting from the date of receipt of the application;

b) Within 02 working days starting from the date of receipt of the adequate application, the licensing authority shall issue a letter of introduction for application for class D transport license or other types of transport license within its competence;

c) After class F or G transport licenses are issued for the first time in the year, Directorate for Roads of Vietnam shall notify the list of licensed vehicles to Departments of Transport and Departments of Transport - Construction.

2. Procedure for issuance of class B, C, F or G transport license for the second time onwards in the year

a) The driver shall present the vehicle registration certificate to the Department of Transport or Department of Transport - Construction;

b) The Department of Transport or Department of Transport - Construction shall compare the vehicle registration certificate with the list of licensed vehicle and issue the transport license according to regulations in Clause 2 Article 10 of this Circular”.

6. Point b Clause 1 Article 12 is amended as follows:

  “b) For class B, C, F or G transport license: on an annual basis, during the period the license for which is applied for for the first time in the year, the enterprise or cooperative shall submit an application containing the documents mentioned in Points a and c Clause 1 Article 8 herein to the licensing authority. In the year, if the previous transport license expires, the enterprise or cooperative (through the driver) shall present the vehicle registration certificate to the Department of Transport or Department of Transport - Construction to be granted a transport license for the new journey”.

7. Article 17 is amended as follows:

“Article 17. Revocation of transport license and written approval of operation of scheduled passenger transport route

1.  The transport license 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 license or violates transport regulations;

b) The vehicle's signage is revoked;

c) The auto transport business license is revoked;

d) The enterprise or cooperative fails to submit reports on its Vietnam - China road transport operations according to regulations.

2. Transport license revocation procedure

a) The licensing authority shall issue a document on revocation of the transport license that it issued to an enterprise or a cooperative committing any of the violations mentioned in Clause 1 herein;

b) Within 05 working days starting from the date upon which the licensing authority issues a document on revocation of the transport license, the enterprise or cooperative shall return the revoked license to the licensing authority;

c) If the enterprise or cooperative fails to return the revoked license to the licensing authority by the given deadline, the licensing authority shall notify other regulatory bodies for handling according to regulations.

3. The written approval of operation of a scheduled passenger transport route between Vietnam and China (hereinafter referred to as “route operation approval”) issued to an enterprise or cooperative engaged in the business of scheduled passenger transport between Vietnam and China (hereinafter referred to as “scheduled transport business”) will be revoked by the route management body in any of the following cases:

a) The enterprise or cooperative commits a violation against a business condition that seriously affects transport safety and service quality;

b) The enterprise or cooperative is found to have falsified information in the application for route operation deliberately;

c) The enterprise or cooperative fails to operate in compliance with the content of the route operation approval;

d) The enterprise or cooperative has stopped engaging in scheduled transport business for 06 months starting from the date of route operation approval or stopped engaging in scheduled transport business for 06 consecutive months;

dd) The enterprise or cooperative fails to operate in compliance with the content of the transport license;

e) The auto transport business license is revoked.

4. Procedure for route operation approval revocation

a) The licensing authority shall issue a document on revocation of the route operation approval that it issued to an enterprise or a cooperative committing any of the violations mentioned in Clause 3 herein;

b) Within 05 working days starting from the date upon which the licensing authority issues a document on revocation of the route operation approval, the enterprise or cooperative shall stop operating the route and return the revoked transport license to the licensing authority;

c) If the enterprise or cooperative fails to stop operating the route and return the revoked transport license to the licensing authority by the given deadline, the licensing authority shall notify other regulatory bodies for handling according to regulations”.

8. Article 20 is amended as follows:

“Article 20. Reporting requirements

1. Departments of Transport and Departments of Transport - Constructions shall report on Vietnam - China road transport in their provinces/central-affiliated cities to Directorate for Roads of Vietnam. The report shall include:

a) Report name: Báo cáo kết quả hoạt động vận tải đường bộ Việt - Trung (“report on Vietnam - China road transport”);

b) Report content: Vietnam - China road transport results, which are provided using the form in Point g of this Clause;

c) Report submission and receipt: the report, which may be in physical or electronic form, may be submitted in person or by post or by email 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 XVII enclosed with this Circular.

2. Enterprises and cooperatives engaged in Vietnam - China road transport business shall report on their Vietnam - China road transport operations to Directorate for Roads of Vietnam and the supervisory Department of Transport or Department of Transport - Construction. The report shall include:

a) Report name: Báo cáo kết quả hoạt động vận tải hàng hóa, hành khách đường bộ Việt - Trung (“report on results of Vietnam - China road goods and passenger transport”);

b) Report content: results of Vietnam - China road goods and passenger transport, which are provided using the form in Point g of this Clause;

c) Report submission and receipt: the report, which may be in physical or electronic form, may be submitted in person or by post or by email or in another suitable way as per the law;

d) 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: form of report on passenger transport results of enterprise/cooperative in Appendix XV enclosed therewith; and report on goods transport results of enterprise/cooperative in Appendix XVI enclosed therewith”.

9. Appendix IVb and Appendix IVc promulgated together with Circular No. 23/2012/TT-BGTVT are superseded by Appendix I and Appendix II enclosed with this Circular.

Article 2. Effect

1. This Circular comes into force from December 16, 2020.

2. Point a Clause 2 Article 6, Article 7, Point dd Clause 1 and Point dd Clause 2 Article 8, Clause 3 Article 10 and Clause 6 Article 18 of Circular No. 23/2012/TT-BGTVT are annulled.

3. The phrase “Sở Giao thông vận tải” (“Department(s) of Transport”) in Clause 1 Article 6, Clause 4 Article 13, Clause 5 Article 14 and Clauses 1 and 2 Article 19 of Circular No. 23/2012/TT-BGTVT is replaced with “Sở Giao thông vận tải, Sở Giao thông vận tải - Xây dựng” (“Department(s) of Transport and Department(s) of Transport - Construction”).

4. Transport licenses issued by transport management stations at checkpoints before the entry into force of this Circular may continue to be used until they expire.

Article 3. 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./.