Thông tư 18/2010/TT-BGTVT

CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF AGREEMENT AND PROTOCOL ON IMPLEMENTATION OF THE ROAD TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE ROYAL GOVERNMENT OF CAMBODIA FOR NON-COMMERCIAL VEHICLES

Pursuant to the Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed in Hanoi on June 01, 1998;

Pursuant to the Protocol on implementation of the Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia signed in Hanoi on October 10, 2005 (hereinafter referred to as the Protocol );

Pursuant to the Decree No.51/2008/ND-CP of April 28, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Minister of Transport guides the implementation of a number of Articles of the Agreement and the Protocol on implementation of the Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

This Circular guides a number of Articles of the Agreement and the Protocol on implementation of the Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia for non-commercial vehicles of Vietnam and Cambodia crossing border of Vietnam - Cambodia and operating in the territory of Vietnam.

Article 2. Application subjects

This Circular applies to the organizations and individuals related to the activities of non-commercial vehicles crossing the border of Vietnam and Cambodia.

Article 3. Non-commercial vehicles

1. Non-commercial vehicles include:

a) Public service vehicles owned by the subjects include: vehicles of the Party bodies, National Assembly and the Government; central agencies of the Party, National Assembly and the Government; offices of the ministries, ministerial-level agencies; agencies of the ministries, ministerial-level agencies;

Vehicles of the diplomatic missions: embassies, international organizations, non-governmental organizations based in Vietnam;

Vehicles of the political organizations, socio-political organizations, associations; non-business organizations at the central and local levels;

b) Vehicles which are self-used by foreign businessman: the vehicles used by those who have passports issued by third country (the passports not issued by Vietnam or Cambodia);

c) Fire engine, ambulance and rescue vehicles, humanitarian assistance vehicles;

2. Conditions for licensed vehicles:

a) Made for use on the road for the purpose of carrying passengers;

b) There are not more than 09 (nine) seats including driver;

c) Registered in Vietnam or Cambodia;

d) Not to use for commercial transport purposes.

3. Symbol plate used for national identification (hereinafter referred to as national symbol plate)

a) Sign to distinguish Vietnam is "VN". Symbol plate used for national identification prescribed in Appendix 1 of this Circular is issued by the mixed maritime transport licensing agency;

b) Sign to distinguish Cambodia is "KH". Symbol plate used for national identification of Cambodia is issued by the Cambodian authorities;

c) Symbol plate used for national identification is mounted on the front and behind glass of the vehicle, separate from the license plate.

Article 4. The pairs of border gates to implement:

Chapter 2.

MIXED TRANSPORT LICENSES AND GRANT OF MIXED TRANSPORT LICENSES

Article 5. Cross-border transport permit

1. Mixed transport license of Vietnam - Cambodia includes mixed transport license book and mixed transport badge mounted on vehicle.

2. Forms of mixed transport license, mixed transport badge are defined in Appendix 2a, 2b of this Circular.

Article 6. Dossier requesting for license, order, method and fees for license

1. Dossier requesting for license includes:

a) Application for a mixed transport license to cross border of Vietnam - Cambodia must be certified by agency sending staffs and vehicle travelling for work. Form of application is as prescribed in Appendix 3 of this Circular;

b) A copy of the vehicle registration certificate.

2. Order, method of licensing license:

a) Organizations, individuals may apply in person or send by post to the General Department of Vietnam Road or the Department of Transport;

b) The licensing agency receives dossier. Within 03 (three) working days after receiving a complete and valid set of dossier, the licensing agency appraises dossier and licenses. In case of refusal, it must send written reply stating clearly the reasons.

3. Licensing fee shall comply with the provisions of the Ministry of Finance.

Article 7. Licensing agency

1. General Department of Vietnam Road grants licenses to the subjects specified in point a Clause 1 of Article 3 of this Circular based in Hanoi.

2. Department of Transport grants licenses for the subjects specified at Point a, b Clause 1, Article 3 of this Circular based in the provinces or cities directly under the Central Government (except for those specified in point a, Clause 1, Article 3 of this Circular based in Hanoi).

Article 8. Term of license, exemption from license, revocation and renewal of license

1. The term of the mixed transport license for non-commercial vehicles is in accordance with the trip time but not more than 30 (thirty) days.

2. Exemption from license is applied to the vehicles specified at Point c, Clause 1, Article 3 of this Circular when doing emergency duty.

Time limit for stay in the territory of the home country for the vehicles exempted from license is more than 07 (seven) days.

3. Licensing agency may revoke mixed transport license when detecting the acts of violations of regulations on the licensing conditions mentioned above.

4. When Vietnam's vehicles stay in Cambodia which licenses have expired and with legitimate reason (such as: natural disasters, accidents, damage not yet repaired) will be extended 01 (a) time for a period not exceeding 10 (ten) days from the expiration date of stay. The extension shall be defined by Cambodia.

Article 9. Extension for Cambodian vehicles while staying in Vietnam

1. Extended objects: non-commercial vehicles of Cambodia which licenses have expired and with legitimate reason (such as: natural disasters, accidents, damage not yet repaired) will be extended 01 (a) time for a period not exceeding 10 (ten) days from the expiration date of stay.

2. Dossier requesting for extension includes: mixed transport license; vehicle registration certificate; written request for extension in the form prescribed in Appendix 4 of this Circular;

Dossier requesting for extension must be sent directly to the local Department of Transport which vehicle is staying.

3. The process for handling dossier: Within 01 (a) working day after receiving a valid dossier, the Department of Transport shall reply the extension. In case of refusal, must reply in writing stating clearly the reasons right in the day of dossier receipt.

4. Competence for extension: Departments of Transport of the provinces and cities directly under the Central Government where the vehicles are staying.

Article 10. Responsibility of the non-commercial vehicle owners and drivers crossing the border of Cambodia and Vietnam.

1. Vehicle owners and drivers must use vehicles for the right purpose of the trip, the right pair of border gates that have been stated in the licenses and comply with the laws of the country of destination.

2. Vehicle owners and drivers must pay fees and charges, including tolls, ferry fees and other charges defined by the law of the country of destination.

Article 11. Papers that non-commercial vehicle drivers are required to carry when crossing the border and, when operating in the territory of Vietnam or Cambodia

1. Passports or valid papers used to substitute passports and visas issued by the competent authority of the country of destination (if the drivers of the vehicles are not subjects to exemption from visas under agreement between the two countries or under the provisions of the country of destination).

2. Vehicle registration certificate.

3. Valid stamps and Book of technical safety and environmental protection accreditation.

4. Mixed transport licenses (except the vehicles are exempted from licenses).

5. Valid certificate of compulsory civil liability insurance with third party.

6. Customs declaration for vehicles temporarily imported or temporarily exported across road border in accordance with the law provisions.

Chapter 3.

EFFECT AND IMPLEMENTATION ORGANIZATION

Article 12. Effect

This Circular takes effect 45 (forty five) days from the date of signing.

Article 13. Implementation organization

1. Vietnam General Department of Road shall:

a) Organize management, guide, and inspect operation for non-commercial vehicles to cross road border between Vietnam and Cambodia;

b) Preside over and coordinate with relevant agencies in inspection and handling of violations for non-commercial vehicles of Vietnam and Cambodia operating in the territory of Vietnam, every day meeting with the competent Cambodian authorities to unify the issues related to the operation of non-commercial vehicles crossing the border between the two countries;

c) Print and issue symbol plate of national identification of Vietnam, the book of mixed transport licenses, mixed transport badges issued together with this Circular;

d) Organize to issue mixed transport licenses for non-commercial vehicles to be of the specified objects.

2. Departments of Transport of the provinces and cities directly under the Central Government shall:

a) Disseminate and implement this Circular to the relevant organizations and individuals in the area;

b) Organize to grant mixed transport licenses for non-commercial vehicles to be of the specified objects;

c) Quarterly and annually report the situation of licensing to the Vietnam General Department of Road for synthesis and tracking.

3. In the course of implementation, if any problem arises, request the organizations, individuals to contact to the Vietnam General Department of Road for guiding settlement. In case of exceeding jurisdiction, the Vietnam General Department of Road reports to the Ministry of Transport for directing the implementation.

4. Chief of the Ministry Office, Chief Inspector of the Ministry, Directors of the Departments, the General Director of the Vietnam General Department of Road, Directors of Transports of the provinces and cities directly under the Central Government, concerned agencies, organizations and individuals are responsible for the implementation of this Circular.