Chương III 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 GMS

Chapter III

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

Article 11. Issuance and re-issuance of GMS international road transport permits

1. Holders: An GMS international road transport permit is granted to a Vietnamese transport enterprise that conducts GMS international road transport activities.

2. Required documents in application: Required documents in application: Application form for the issuance or re-issuance of an GMS international road transport permit using Form No. 01, Appendix II 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 a GMS 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 a GMS international road transport permit using Form No. 02, Appendix II 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 GMS 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 12. Withdrawal of GMS international road transport permit

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

a) Perform a type of transport not specified in the GMS 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 GMS 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 GMS Parties for coordination in handling;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across GMS borders and within 15 working days must submit to the licensing authority the following: the GMS international road transport permit and the entire GMS intermodal transport permit or transit accompany document (hereinafter referred to as TAD) which have been issued.

Article 13. Issuance and re-issuance of GMS intermodal transport permits or TADs

1. Holders: GMS intermodal transport permits or TADs are issued to vehicles under the lawful use rights of transport enterprises that have been granted GMS international road transport permits.

2. Required documents in application:

a) Application form for the issuance or re-issuance of a GMS intermodal transport permit or TAD using Form No. 03, Appendix II 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 of a GMS intermodal transport permit or TAD 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 a GMS intermodal transport permit using Form No. 04, Appendix II or TAD using Form No. 05 Appendix II 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 GMS intermodal transport permit or TAD is damaged or lost, the transport enterprise shall make an application for re-issuance of permit or TAD according to the provisions of Clauses 2 and 4 of this Article.

Article 14. Withdrawal of GMS intermodal transport permit or TAD

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

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

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

c) Fail to conduct GMS 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 GMS 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 GMS intermodal transport permit or TAD 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 GMS Parties for coordination in handling;

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

Article 10. Extension of circulation time in Vietnam for vehicles of countries implementing the GMS agreement

1. Holders: Vehicles of countries implementing the GMS agreement beyond the time limit for circulation in Vietnam specified in the GMS intermodal transport permit or TAD 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. 06, Appendix II of this Decree;

b) GMS intermodal transport permit or TAD (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 GMS agreement. In case of refusal, competent authority shall provide explanation in writing.