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Circular 38/2011/tt-Bgtvt: Guide The Implementation Of Some Articles Of The Convention And The Protocol Made The Agreement Created Favorable Conditions For Vehicles Crossing The Border Road Gi ...

Original Language Title: Thông tư 38/2011/TT-BGTVT: Hướng dẫn thực hiện một số điều của Hiệp định và Nghị định thư thực hiện hiệp định tạo điều kiện thuận lợi cho phương tiện cơ giới đường bộ qua lại biên gi...

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The base agreement created favorable conditions for motor vehicle roads crossing the border 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");

The base implementation agreement protocol created favorable conditions for motor vehicle roads crossing the border between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on January 15, 2011 (hereinafter referred to as "the Protocol");

Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;

The Minister of transportation to guide implementation of some articles of the Convention and the Protocol as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guides made a number of articles of the Treaty and the Protocol on creating favorable conditions for road motor vehicles (hereinafter referred to as "vehicles") activity through the border between Vietnam and Laos.

Article 2. The object that applies to this circular apply to organizations and individuals related to the operation of commercial vehicles and non-commercial licensed transport back to the border between the two countries Vietnam and Laos.

Article 3. Rules for the media 1. The media is licensed to transport back the border between Vietnam and Laos is a car, car trailer, trailer or trailer to be towed by cars and motorcycles used on road traffic that has media registration certificate and license plate by the competent authorities of the Socialist Republic of Vietnam.

2. commercial vehicles are vehicles in use of cooperative enterprises involved carriage of goods and passengers collect money or transportation of people or goods serve the business activities of enterprises, cooperatives, in particular including: a) means business passengers according to fixed lines;

b) means business passengers under contract and travel;

c) means of cargo transport business;

d) in media enterprises, cooperative transport service of the works, projects or business activities of their units on the territory of Laos.

3. non-commercial media is the means of agencies, organizations, individuals operating through border back not for business purposes, specifically: a) the means of agencies, organizations, cooperative enterprises in domestic and international travel, sightseeing, travel;

b) means of individuals go the private (only applicable for passenger cars under the 9 (nine) and pickup (pick-up);

c) fire trucks, ambulances, rescue vehicle, the car performed humanitarian mission.

4. Each trip, the media is saved in the other Contracting Party 30 (thirty) days from the date of entry. The case too the time limit prescribed, that have reasonable reasons will be renewed once with time must not exceed 10 (ten) days.

5. Every vehicle crossing the border when the operation is tied to the national distinguishing sign sea up the front corner of the glass on the right hand side of the driver. The sea of signs distinguishes Vietnam's national provisions in Appendix 1 of this circular.

Article 4. Regulations on the media's papers 1. When released, the media must have valid papers following along, the Lao translation or English to have proof if the case papers that are not in the Lao-Vietnamese bilingual or English-Vietnamese to present to the authorities when requested: a) the media registration certificate;

b) auditing certification Book technical safety and environmental protection;

c) transport license;

d) certificate of civil liability insurance of owners of motor vehicles;

DD) declarations means road transport temporary import-re-export.

2. for transportation of passengers, in addition to the documents prescribed in paragraph 1 of this Article must be added the list of passengers. Passenger list apply to passenger transport according to fixed lines are specified in Annex 2a of this circular. The list applies to passenger transport passengers under contract and travel are prescribed in Annex 2b of this circular.

3. for transport of goods, in addition to the provisions in clause 1 of this article must be added the following papers: a) lading;

b) customs declarations for goods;

c) quarantine certificates, plant (prescribed specialization).

4. Means of transport of dangerous goods or has the size, tonnage exceeding the regulations of Vietnam and Laos are to be the competent State agencies of Vietnam and Laos issued a special license.

Article 5. Rules for driving the media control driving back the border must have the following valid documents: 1. Driver's license;

2. Passport or valuable papers instead of passports and visas issued by the competent authorities (except for the object to be visa-free);

3. In case the driver's passport and registration means not by the same Contracting Party to supply additional copies are attested to the labor contract has a term of 1 (one) years or more of driving with enterprises, cooperatives or card or proof of diplomatic messages.

Chapter II LICENSE to OPERATE INTERNATIONAL ROAD TRANSPORT article 6. Licensing conditions of activity of international road transport 1. The object to be licensed to operate international road transport enterprises, cooperative business license for transport by car (for enterprises, business cooperative transport passenger and cargo business by the antenna-the bow tie) or a certificate of business registration business registration transportation industries by car (for business business cooperatives, transport other goods);

2. Have experience 3 (three) years or more in the domestic transport operations; being declared bankrupt or are in bankruptcy status;

3. A sufficient number of vehicles to make the business case.

Article 7. Profile, the order of licensing of activity of international road transport 1. Profile active license for international road transport a) application to license the operation of international road transport according to the model in annex 3 of this circular;

b) business license for transport by car (for enterprises, business cooperative transport passenger and cargo business by the antenna-the bow tie) or certificate of business registration business registration industry, transportation by car (for enterprises, cooperative other cargo transport business) (copies have the endorsement or attached copy originals to collate);

c) business plan for international road transport.

2. The order of licensing the activity of international road transport: a) cooperative enterprises filed 01 (a) record directly or through the postal system for granted. The licensing agency check, receiving the record; case records need additional amendments are notified directly or by writing the content should amend, Supplement;

b) within a period of 3 (three) working days from receipt of application rules, licensing authority licensing the activity of international road transport;

c) receiving records and resulting pay in licensing agency or through the postal system.

3. The fee for licensing the activity of international road transport in accordance with the Ministry of finance.

4. Term of activity licence for international road transport is 5 (five) 5. License form provided for in annex 4 of this circular.

Article 8. Revoking and reissuing license to operate international road transport 1. The licensing agency was granted license revocation if the cooperative enterprise not ensuring regulations on licensing conditions;

2. Expiry of the licence or permit or license loss, damaged businesses, cooperatives established records suggest a new license under the provisions of article 7 of this circular. Old license expired to submit pay licensing agency.

Chapter III article 9 TRANSPORT LICENSE. Transport license 1. Transport license issued to commercial media in cooperative enterprises to go back many times worth 01 (a) years but not more than the deadline indicated on the activity licence for international road transport.

Particularly for passenger cars under contract or transportation of tourists, can transport license according to the duration of the trip but must not exceed 30 (thirty) days.

2. license grant to transport non-commercial vehicles have a time limit of 30 (thirty) days from the date of issue.

Particularly for the public service vehicle or vehicles of diplomatic, consular, representative offices of international organizations in Vietnam may from time to time but the trip does not exceed 1 (one) year.

3. A preliminary license for transport (including transport license Book and badges) specified in Annex 5a and annex 5b of this circular.

Article 10. Transport license record 1. For commercial vehicles: a) Licensing application-Lao transport provisions in Appendix 6a (applies to commercial vehicles) and Appendix 6b (applied to the remaining object) of this circular;

b) license to operate international road transport (authenticated copies or copies accompanied by a key to collate);

Where is enterprise, cooperatives serve the works, projects or business activities of their units on the territory of Laos, the present contract or documentation unit is performing the work, project or business activities in which the (authenticated copies);

c) media registration certificate (a copy);

d) case means not owned by cooperative enterprises, the need to present more a proof of right to use cooperative business with that media (a copy).

2. for non-commercial media: profile as defined in point a and point c of paragraph 1 of this article.

Article 11. The order of licensing of transport 1. Receiving and processing the profile:


a) Organization, individuals filed 01 (a) record for granted. The licensing agency receiving records, check; Case records need additional amendments. Licensing Agency notified directly in writing or the contents are incomplete or in need of revision;

b) within a period of 3 (three) working days, from receipt of application rules, licensing licensing authority;

c) receiving records and resulting pay in licensing agency or through the postal system.

2. the license fee as prescribed by the Ministry of finance.

Article 12. Transport Licensing Agency 1. The Ministry of transport of Vietnam road administration authorization for the following objects: a) means in the bodies of the party, the Congress, the Government, the Office of the Ministry, ministerial bodies, agencies in the Ministry based in Hanoi;

b) means of agencies, subdivisions of the Ministry of transportation.

The case means business passengers according to fixed routes, the General Directorate of roads in Vietnam have written approval for business exploitation on online and license the first transport for vehicles. The Department of transportation pursuant to written approval to steer a contract for bus pick-up vehicles charged in the dock.

2. Ministry of transportation authorized the Department of transportation license for vehicles of agencies, organizations, individuals in the audience left close on the licensing and local transport from the second time for the transportation of passengers according to a fixed line.

Article 13. Recovery and re-issuance of licenses transport 1. The licensing agency was granted license revocation if the media does not perform correctly the content of the license.

2. Expiry of the licence or permit or license loss damage, personal organization establishment license application to be addressed.

Article 14. License renewal and transport time in Vietnam for Laos ' media 1. The object to be extended: means the expiration of licence or too time circulating in Vietnam if there is good reason (disaster, accident, damage is not repaired) be extended 01 (one) with a time limit of not more than 10 (ten) days from the expiration date.

2. Profile includes: transport permit; Media registration certificate; Renewal application form in Appendix 9 of this circular.

3. Receiving and processing the profile: a) individual organizations filed 01 (a) the records directly to the Department of transportation;

b) within a period of 1 (one) working days, from receipt of application rules, the Department of transportation to extend the license for the transport means; case of non-renewal must reply in writing stating the reason within its receipt.

4. The Authority renewal: the Department of transport of the province of the central cities, where the media in trouble.

Article 15. Registered passenger transport route fixed international transport between Vietnam and Laos 1. Cooperative businesses are eligible as defined in article 6 of this circular are registered passenger transport route fixed international transport between Vietnam and Laos.

2. registration dossiers route include: a) "registered Paper route a fixed passenger transport international transport between Vietnam and Laos" in the form prescribed in annex 7 of this circular;

b) A photocopy of the vehicle registration certificate means in the list;

c) extraction approach online fixed passenger transport international transport between Vietnam and Laos as defined in annex 8 of this circular.

3. The sequence of approval route: a) cooperative enterprises filed 01 (a) record directly or through the postal system for granted. The licensing agency check, receiving the record; case records need additional amendments are notified directly or by writing the content should amend, Supplement;

b) within a period of 3 (three) working days, from receipt of application rules, the Agency licensed out the text approved cooperative business operation;

c) receiving records and resulting pay in licensing agency or through the postal system.

Chapter IV the TERMS OF IMPLEMENTATION of article 16. Effect 1. This circular has the effect after 45 days from the date of signing.

2. This circular replaces circular No. 17/2005/TT-BGTVT dated December 22, 2005 of the Ministry of transportation to guide implementation of the Protocol between the Ministry of transport of Vietnam and the Ministry of transport, post and construction of Laos made road transport agreement between the Government of the Socialist Republic of Vietnam and the Government of the Republic, democracy and human the population of Laos.

Article 17. Responsibility 1. The Ministry of transport of Vietnam road administration authorization granted license to operate international road transport and to approve mining projects online fixed passenger transport Vietnam-Lao international transport, on the basis of the license plan had already been approved by the transportation Ministry.

2. General Directorate of roads in Vietnam a) governing and operational instructions for the vehicles crossing the border road between Vietnam and Laos;

b) chaired and coordinated with relevant agencies in checking and handling the media and non-commercial trade of Vietnam and Laos border crossing operations between the two countries;

c) held the annual meeting with Lao Transport Bureau to negotiate to resolve the problems related to road transport between the two countries;

d) print and distinguishing symbol Sea released the country of Vietnam, transport permits, the passenger list.

3. The Department of transportation of the province, the central cities.

a) popular organizations and implementing this circular to the individual organization concerned;

b) annual periodic reports on the situation in Vietnam road administration organizations and active management of transport of Vietnam-Laos transport to track, aggregate, reports the Ministry of transportation.

4. In the process of implementation, if any problems arise, organization, personal contact with the General Directorate of roads in Vietnam to be guidelines. Cases in excess of jurisdiction, the General Directorate of roads in Vietnam transportation Ministry report to steering.

5. The Chief, Chief Inspector, Director of the Service, the General Director of the Bureau of roads in Vietnam, the Director of the Department of transport of the province, central cities, agencies, organizations and individuals concerned is responsible for the implementation of this circular.