Chương II Nghị định 119/2021/NĐ-CP quy định về trình tự, thủ tục cấp, cấp lại, thu hồi giấy phép vận tải đường bộ qua biên giới: Trình tự, thủ tục cấp, cấp lại, thu hồi giấy phép vận tải đường bộ quốc tế và giấy phép liên vận asean

Chapter II

PROCEDURES FOR ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS AND ASEAN INTERMODAL TRANSPORT PERMITS

Article 6. Issuance and re-issuance of ASEAN international road transport permits

1. Holders:

An ASEAN international road transport permit is granted to a Vietnamese transport enterprise that conducts ASEAN international road transport activities.

2. Required documents in application: Required documents in application: Application form for the issuance or re-issuance of an ASEAN international road transport permit using Form No. 01, Appendix I of this Decree.

3. Licensing authority: Directorate for Roads of Vietnam.

4. Procedures:

a) The transport enterprise shall submit 01 application for the issuance or re-issuance of an ASEAN international road transport permit to the licensing authority in one of the following forms: in person, online, by post;

b) The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the transport enterprise within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue an ASEAN international road transport permit using Form No. 02, Appendix I of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

d) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

5. In case the ASEAN international road transport permit is damaged or lost, the transport enterprise shall make an application for re-issuance according to the provisions of Clauses 2 and 4 of this Article.

Article 7. Withdrawal of ASEAN International road transport permit

1. The licensing authority shall withdraw the ASEAN international road transport permit when the transport enterprise violates one of the following cases:

a) Perform a type of transport not specified in the ASEAN international road transport permit;

b) The license for automobile transport business is withdrawn by the competent authority;

c) The specialized regulatory agency at the checkpoint requests the withdrawal because of violations related to import and export activities at the checkpoint, regulations on management of activities at the checkpoint area;

d) Terminate operations as prescribed by law.

2. Procedures:

a) The licensing authority shall issue a decision to withdraw the ASEAN international road transport permit and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority and simultaneously notify in writing ASEAN Parties for coordination in handling;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across ASEAN borders and within 15 working days must submit the ASEAN international road transport permit and the entire ASEAN intermodal transport permit to the licensing authority.

Article 8. Issuance and re-issuance of ASEAN intermodal transport permits

1. Holders:

ASEAN intermodal transport permits are issued to vehicles under the lawful use rights of transport enterprises that have been granted ASEAN international road transport permits.

2. Required documents in application:

a) Application form for the issuance or re-issuance of an ASEAN intermodal transport permit using Form No. 03, Appendix I of this Decree;

b) A copy of the automobile registration certificate or a copy of the appointment letter to receive the automobile registration certificate issued by the registration agency or a copy from the original book of the automobile registration certificate. In case the vehicle is not under the ownership of the transport enterprise, a copy of one of the following documents must be presented: A written vehicle rental contract with an organization or individual or a service contract between the member and the cooperatives or a business cooperation contract.

3. Licensing authority: Directorate for Roads of Vietnam.

4. Procedures:

a) The transport enterprise shall submit 01 application for the issuance or re-issuance of an ASEAN intermodal transport permit to the licensing authority in one of the following forms: in person, online, by post;

b) The licensing authority receives and verifies the application. In case of receiving application at the licensing authority in person or by post, the application-receiving officer shall update the information of the application in accordance with regulations into the online public service system of the licensing authority. In case the application needs to be amended, the licensing authority shall notify in person or in writing or through the online public service system to the transport enterprise within 01 working day from the date of receipt of the application;

c) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue an ASEAN intermodal transport permit using Form No. 04, Appendix I of this Decree. In case of refusal, the licensing authority shall notify in writing or through the online public service system, clearly stating the reason;

d) The return of processing results is done at the head office of the licensing authority or by post or online as prescribed.

5. In case the ASEAN intermodal transport permit is damaged or lost, the transport enterprise shall make an application for re-issuance according to the provisions of Clauses 2 and 4 of this Article.

Article 9. Revocation of ASEAN intermodal transport permits

1. The licensing authority shall withdraw the ASEAN intermodal transport permit when the transport enterprise violates one of the following cases:

a) Fail to comply with the contents stated in the intermodal transport permit when performing ASEAN intermodal transport activities;

b) Fail to carry out ASEAN intermodal transport activities within 3 months from the date of issuance of the intermodal transport permit;

c) Fail to conduct ASEAN intermodal transport from 03 trips or more within a period of 06 consecutive months (a trip refers to both outgoing and return trip);

d) The license for transport business by automobile or the ASEAN international road transport permit is withdrawn by the competent authority;

dd) Vehicles that have passed the time limit for re-import into Vietnam as prescribed, except in cases of natural disasters, accidents or force majeure reasons.

2. Procedures:

a) The licensing authority shall issue a decision to withdraw the ASEAN intermodal transport permit and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority and simultaneously notify in writing ASEAN Parties for coordination in handling;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across ASEAN borders and within 15 working days must submit the ASEAN intermodal transport permit and the entire ASEAN intermodal transport permit to the licensing authority.

Article 10. Extension of circulation time in Vietnam for vehicles of countries implementing the ASEAN framework agreements on cross-border road transport

1. Holders: Vehicles of countries implementing the ASEAN Framework Agreements on cross-border road transport beyond the time limit for circulation in Vietnam specified in the ASEAN intermodal transport permit in case of force majeure.

2. Extension authority: Departments of Transport, Departments of Transport - Construction in the provinces and central-affiliated cities where the vehicle encounters force majeure events.

3. Required documents in application:

a) A written request for extension, using Form No. 05, Appendix I of this Decree;

b) ASEAN intermodal transport permit (original).

4. Procedures:

a) Submit 01 set of application in person to the competent authority where the vehicle encounters a force majeure incident;

b) Within 02 working days from the date of receipt of complete and valid application as prescribed, the competent authority shall extend the circulation time for the vehicle of the country implementing the ASEAN framework agreements on cross-border road transport. In case of refusal, competent authority shall provide explanation in writing.