Thông tư 29/2009/TT-BGTVT

CIRCUALAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE AGREEMENT ON THE FACILITATION OF CROSS-BORDER TRANSPORT OF GOODS AND PEOPLE IN GREATER MEKONG SUBREGION

Pursuant to the Law on Road traffic dated November 13^th 2008;

Pursuant to the Agreement on the facilitation of cross-border transport of goods and people in Greater Mekong Subregion (GMS agreement) signed on November 26^th 1999 in Vientiane, amended on April 30^th 2004 in Phnom Penh - Cambodia, and the Annexes, Protocols of this Agreement;

Pursuant to the Government's Decree No. 51/2008/NĐ-CP dated April 22^nd 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

The Minister of Transport guides the implementation of a number of articles of GMS agreement as follows:

Article 1. Scope of regulation

This Circular specifies a number of articles of GMS Agreement on the vehicles, their operators, the agencies entitled to license the cross-border transport of goods and people in Greater Mekong Subregion.

Article 2. Subjects of application

This Circular is applicable to the organizations and individuals relevant to the cross-border transport of goods and people in Greater Mekong Subregion.

Article 3. The activity ranges of vehicles

1. The vehicles of enterprises and cooperatives being issued with the GMS road transport permit may only transport goods and passengers along the corridors, routes, and border checkpoints prescribed in Annex 1 enclosed with this Circular.

2. The vehicles may not transport goods or passengers between two points situated within the territory of the other contracting party.

Article 4. Regulations on vehicles

1. Types of vehicles:

a) Passenger vehicles: are vehicles that have at least 10 seats, including the driver’s;

b) Cargo vehicles: trucks, tractors, and semi-trailers.

2. The distinguishing sign of vehicles: apart from the license plate, each vehicle in cross-border transport must bear the distinguishing sign of its country on its back (not overlapping its license plate) The distinguishing sign of Vietnam is provided in Annex 2 enclosed with this Circular.

3. Each vehicle that transport goods or passengers across the border must present the following unexpired papers upon the request of the competent agency:

a) The registration certificate of the vehicle:

b) The environmental safety and technical inspection certificate;

c) The GMS road transport permit enclosed with the logbook of the vehicle activities;

d) The list of passengers, applicable to passenger vehicles, according to the form in Annex 3a and 3b enclosed with this Circular, or the consignment note, applicable to cargo vehicles, according to the form in Annex 3c enclosed with this Circular;

dd) The certificate of third-party motor vehicle liability insurance;

The papers that are not printed in both Vietnamese and English must be enclosed with their English translations, certified by the agency that issued such papers, or a legal notary office.

4. A vehicle may stay within the territory of the Host country within 30 days from the entry date. Each extension due to legitimate reasons (such as natural disasters, accidents, extended repairs) shall not exceed 10 days from the deadline for exit.

Article 5. Regulations on drivers, attendants, and passengers.

1. The driver must bring the following unexpired documents when crossing the border:

a) The passport or an equivalent paper, and the visa issue by competent agencies (unless it is exempt);

b) The driving license printed in both Vietnamese and English. The driving license without English language must be enclosed with its English translation according to Annex 4 enclosed with this Circular. The agency that issues the translation of the driving license is the agency that issues the driving license.

2. The passengers and attendants must present their passports or equivalent papers, and the visas issued by competent agencies (unless it is exempt);

3. The driver, passengers, and attendants must be subject to the inspection and controlled of specialized agencies at the border checkpoint when they enter or exit the country at a border checkpoint.

Article 6. Issuing the Licenses for international road transport to enterprises and cooperatives.

1. The licensing conditions: enterprises and cooperatives established in accordance with Vietnam’s law that satisfy the following conditions:

a) The capital ratio: The capital held by Vietnamese citizens in the transport enterprise or cooperative must make up at least 51% of its total capital;

b) The employee ratio: The Vietnamese employees make up at least 51% of the its executives (including Director, Deputy Director of the enterprise, President, Deputy President of the cooperative, Managers of their departments);

c) Reliability:

- The enterprise does not violate the regulations on economic contracts and other regulations of Vietnam’s law;

- The enterprise is not declared bankrupt or bankrupt.

d) The proficiency: The person in charge of the transport business of the enterprise or cooperative must have a bachelor’s degree in road transport, or have a bachelor’s degree in other disciplines and has held the managerial positions in transport enterprises and cooperatives for at least 03 years.

dd) The financial capacity: the financial resources must be sufficient for the management of the enterprise or cooperative, and for paying the transport activities. The business is profitable during the latest 3 years prior to the date of application.

2. The application dossier:

a) The application for the License for international road transport according to the form in Annex 5 enclosed with this Circular.

b) The Certificate of transport registration of the enterprise or cooperative (a valid copy or a copy enclosed with the original for comparison).

c) The professional qualification in transport of the person in charge of the transport business of the enterprise or cooperative (a valid copy or a copy enclosed with the original for comparison), attached with the labor contract with the enterprise.

d) The Financial statements in the latest 3 years, certified by a local financial agency or auditing firm. For new enterprises and cooperatives, the documents proving their financial capacity are required.

3. The licensing agency and the licensing procedure:

a) The Ministry of Transport or an agency delegated by the Ministry of Transport shall issue the Licenses for international road transport.

b) The licensing agencies shall receive the dossier and issue the Licenses for international road transport to enterprises and cooperatives as prescribed.

c) Within 15 working days from the date on which the complete and valid dossier is received, the licensing agency shall examine the dossier and issue the license. The refusal to issue the license must be notified and explained to the enterprise or cooperative in writing.

d) The licensing fees shall be specified by the Ministry of Finance.

4. The revocation and reissuance of Licenses for international road transport.

a) The revocation.

If the licensed enterprise or cooperative fails to satisfy the conditions for licensing stated above, the licensing agency is entitled to revoked the issued license.

b) The reissuance

When the License is expired or lost, the enterprise or cooperative shall make an application for the new License as prescribed above. The expired License must be returned to the licensing agency.

c) The License for international road transport is valid for 05 years.

d) The form of the License for international road transport is provided in Annex 6 enclosed with this Circular.

Article 7. Issuing the GMS road transport permits to vehicles.

1. Conditions for licensing

The vehicles within the legal right to use of the enterprises and cooperatives that have been issued with the License for international road transport shall be issued with the GMS road transport permits for transporting goods and passengers in accordance with the GMS agreement.

2. The application documents:

a) The application for the GMS road transport permit according to the form in Annex 7 enclosed with this Circular.

b) The copy of the car registration certificate;

c) The copies of the documents proving the legal right to use the vehicle of the enterprise or cooperative;

d) The copy of the environmental safety and technical inspection certificate;

dd) The certificate of third-party motor vehicle liability insurance.

3. The licensing agency and the licensing procedure:

a) The Ministry of Transport or an agency delegated by the Ministry of Transport shall issue the License for international road transport.

b) The licensing agencies shall receive the dossier and issue the GMS road transport permits to vehicles as prescribed.

c) Within 15 working days from the date on which the complete and valid dossier is received, the licensing agency shall examine the dossier and issue the license. The refusal to issue the license must be notified and explained to the enterprise in writing.

d) If vehicles are added or replaced, the enterprise or cooperative shall send an application enclosed with the list of vehicles as prescribed in Points a, b, c, d, and dd Clause 2 this Article to the licensing agency. The licensing agency shall write the license number of the new vehicle on the permit, and issue a logbook to monitor the activities of the new vehicle.

dd) The licensing fees shall be specified by the Ministry of Finance.

4. The revocation and reissuance of GMS road transport permits to vehicles.

a) The revocation.

If the licensed vehicles fails to satisfy the conditions for licensing stated above, the licensing agency is entitled to revoked the issued license.

b) The reissuance

When the permit is expired or lost, the enterprise or cooperative shall make an application for the new License as prescribed above. The expired permit must be returned to the licensing agency.

c) The permit is valid for 01 year.

d) The form of the permit and logbook:

- The form of the GMS road transport permit is provided in Annex 8 enclosed with this Circular.

- The form of the logbook is provided in Annex 9 enclosed with this Circular.

Article 8. The transport fess

1. Depending on the market, the fees for scheduled passenger transport and passenger transport by taxi shall be registered with competent financial agencies by the enterprise or cooperative.

2. The fees for contractual passenger transport and cargo transport according to the market mechanism shall be agreed by both parties.

Article 9. Tickets and transport contracts

1. Tickets, transport contracts, and the luggage registration note shall be printed in both Vietnamese and English.

2. The tickets and transport contracts contain:

a) The name and address of the courier;

b) The starting point and destination

c) The date of the trip and the period of validity of the ticket;

d) The transport fees;

dd) Some regulations on the legal liability of the participants in the transport.

3. The luggage registration note shall be printed in both Vietnamese and English, including:

a) The name and address of the courier;

b) The departure and destination

c) The date of the trip;

d) The transport fees;

dd) The quantity and weight of luggage;

e) Some regulations on the legal liability of the participants in the transport.

Article 10. Effects

This Circular takes effect after 45 days from the date on which it is signed.

Article 11. Implementation organization

1. The Directorate for Road of Vietnam

a) During the experimental implementation of the GMS agreement, the Ministry of Transport shall delegate the Directorate for Road of Vietnam to issue the Licenses for international road transport to enterprises and cooperatives, and issue the GMS road transport permits to vehicles according to the licensing plan approved by the Ministry of Transport.

b) Organize the management, guide and inspect the conformity of the road transport activities to the GMS agreement;

c) Print and issues the distinguishing sign of Vietnam, lists of passengers, Licenses for international road transport, GMS road transport permits, and logbooks of vehicle activities in accordance with the form enclosed with this Circular.

2. The Services of Transport of central-affiliated cities and provinces shall cooperate with the Directorate for Road of Vietnam in guide the relevant local agencies and enterprise to implement this Circular.

3. The organizations and individuals are recommended to contact Directorate for Road of Vietnam for resolving the difficulties arising during the implementation. Directorate for Road of Vietnam shall report the cases beyond its authority to the Ministry of Transport for guidance.

4. The Chief of the Ministry Office, the Chief Ministerial Inspector, Directors of Departments affiliated to Ministries, the Director of Directorate for Road of Vietnam, the Directors of Services of Transport, relevant organizations and individuals are responsible for the implementation of this Circular.