Chương IV 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 giữa Việt Nam và Trung Quốc

Chapter IV

PROCEDURES FOR ISSUANCE, RE-ISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS BETWEEN VIETNAM AND CHINA

Article 16. International road transport permits between Vietnam and China

An international road transport permit between Vietnam and China is a permit specified in the Protocol between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China on the implementation of The Road Transport Agreement between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China signed on October 11, 2011 includes:

1. Type A transport permit: to be issued to means of passenger transport (including tourists) periodically and valid for multiple times a year, applicable to means of transport on routes between border regions of the two countries.

2. Type B transport permit: to be issued to means of passenger transport (including tourists) non-periodically and valid for one time a year (outgoing and return trip), applicable to means of transport on routes between border regions of the two countries and official vehicles.

3. Type C transport permit: to be issued to means of goods transport valid for one time a year (outgoing and return trip), applicable to means of transport on routes between border regions of the two countries.

4. Type D transport permit: To be issued to means of transport of dangerous goods and oversize load goods, valid once a year (outgoing and return trip).

5. Type E transport permit: to be issued to means of passenger transport (including tourists) periodically and valid for multiple times a year, applicable to means of transport on inner routes of the two countries.

6. Type F transport permit: to be issued to means of passenger transport (including tourists) non-periodically and valid for one time a year (outgoing and return trip), applicable to means of transport on inner routes of the two countries and official vehicles.

7. Type G transport permit: to be issued to means of goods transport valid for one time a year (outgoing and return trip), applicable to means of transport on inner routes of the two countries.

Article 17. Issuance and re-issuance of international road transport permits between Vietnam and China, types A, B, C, E, F, G for Vietnamese vehicles

1. Holders: Type A, B, C, E, F, G transport permits are granted to vehicles of Vietnamese transport enterprises and official vehicles.

2. Required documents in an application for issuance or re-issuance of a permit for commercial vehicle include:

a) Application form for the issuance or re-issuance of the permit using Form No. 01, Appendix III 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. Required documents in an application for issuance or re-issuance of a permit for official vehicle include:

a) An application form for the issuance or re-issuance of the permit using Form No. 02, Appendix III of this Decree;

b) A copy of automobile registration certificate;

c) A copy of the invitation letter from the Chinese side, clearly stating the route, checkpoint and invitation time (in case the original is not in Vietnamese or English, the Vietnamese or English translation must be attached);

d) A copy of the competent authority's decision on assignment for a business trip.

4. Licensing authority:

a) Directorate for Roads of Vietnam shall issue: Type E transport permits; Type F, G transport permits for the first time in a year (the year is counted from January 1 to December 31);

b) Departments of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh and Lao Cai Departments of Transport and Construction shall issue: Type A, B, and C transport permits; Type F, G transport permits for the second time in a year.

5. Procedures for issuing type A, B, C, E or F, G transport permits for the first time in a year:

a) The organization, individual or transport enterprise shall submit 01 set of application to the licensing authority. 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 organization, individual, transport enterprise within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue a permit using Forms No. 03, 04, 05, 07, 08, 09 Appendix III 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;

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

After granting transport permits of type F and G for the first time in a year, the Directorate for Roads of Vietnam shall notify the list of licensed means of transport to the Departments of Transport and the Department of Transport and Construction of the provinces mentioned in Clause 4 of this Article.

6. Procedures for issuing type F, G transport permits for the second time onward in a year:

a) The driver or employee of a transport enterprise that has been granted a permit for the first time presents the certificate of vehicle registration to the Department of Transport, the Department of Transport and Construction of the provinces mentioned in Clause 4 of this Article;

b) Based on the list of means of transport that have been licensed for the first time, the Department of Transport and the Department of Transport and Construction of the provinces mentioned in Clause 4 of this Article shall issue a transport permit of type F or G for the second time onwards in the year.

7. In case a transport permit of types A, B, C, E, F, G for Vietnamese vehicle is expired, damaged or lost, the transport enterprise shall make an application for re-issuance of the permit according to the provisions of Clauses 2, 3, 5 and 6 of this Article.

Article 18. Letter of referral for issuance of international road transport permits between Vietnam and China, type D for Vietnamese vehicles

1. Type D transport permits are issued by competent Chinese authorities to Vietnamese vehicles. Before making an application for issuance of a permit to the Chinese authority, the transport enterprise shall request for a letter of referral as prescribed in Clauses 2 and 4 of this Article.

2. Required documents in application for letter of referral:

a) A written request, using Form No. 10, Appendix III of this Decree;

b) A permit to transport oversize load or dangerous goods, issued by a competent Vietnamese authority (copy).

3. Referring agency: Directorate for Roads of Vietnam.

4. Procedures:

a) The transport enterprise shall submit 01 set of application to the referring agency. The referring agency receives and verifies the application. In case of receiving application in person at the referring 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 Directorate for Roads of Vietnam. In case the application needs to be amended, the referring authority shall notify in person or in writing or through the online public service system of the insufficient contents or those need amendments within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the Directorate for Roads of Vietnam refers the transport enterprise to the competent authority of the Chinese side. In case of refusal, the referring authority shall notify in writing or through the online public service system, clearly stating the reason;

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

Article 19. Issuance of international road transport permits between Vietnam and China, type D for Chinese vehicles

1. Type D transport permit is issued by a competent Vietnamese authority to a Chinese vehicle on the basis of a letter of referral from a competent authority of the Chinese side.

2. Required documents in application:

a) Application form for the issuance of the type D transport permit using Form No. 11, Appendix III of this Decree;

b) Letter of referral from a competent authority of the Chinese side (a copy enclosed with certified translations of papers and documents from Chinese to Vietnamese or English in case the original is not bilingual in Vietnamese and Chinese or Chinese and English);

c) A permit to transport oversize load or dangerous goods, issued by a competent Vietnamese authority (copy);

d) Letter of referral from a competent authority of the Chinese side (a copy enclosed with certified translations of papers and documents from Chinese to Vietnamese or English in case the original is not bilingual in Vietnamese and Chinese or Chinese and English);

dd) Letter of referral from a competent authority of the Chinese side (a copy enclosed with certified translations of papers and documents from Chinese to Vietnamese or English in case the original is not bilingual in Vietnamese and Chinese or Chinese and English);

3. Licensing authority: Directorate for Roads of Vietnam.

4. Procedures:

a) Organizations, individuals and transport enterprises shall submit 01 set of application to the licensing authority. 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 Directorate for Roads of Vietnam. 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 organization, individual, transport enterprise within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the licensing authority shall issue a permit using Form No. 06, Appendix III 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;

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

Article 20. Withdrawal of international road transport permits between Vietnam and China

1. The licensing authority shall withdraw the international road transport permit between Vietnam and China 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 transport activities between Vietnam and China;

b) The license for transport business by automobile or the international road transport permit between Vietnam and China is withdrawn by the competent authority;

c) 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 international road transport permit between Vietnam and China 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 the competent authority of Chinese side for coordination in handling;

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

Article 10. Extension of circulation time in Vietnam for Chinese vehicles

1. Holders: Chinese vehicles beyond the time limit for circulation in Vietnam specified in the international road transport permit between Vietnam and China, if there is a good reason, may be extended once for a period of no more than 10 days.

2. Extension authority: Departments of Transport, Departments of Transport - Construction in the provinces and central-affiliated cities where the vehicle is circulating.

3. Required documents in application:

a) A written request for extension, using Form No. 12, Appendix III of this Decree;

b) An international road transport permit between Vietnam and China (original).

4. Procedures:

a) Submit 01 set of application in person to the competent authority where the vehicle is circulating;

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 Chinese vehicle. In case of refusal, competent authority shall provide explanation in writing.

Article 22. Procedures for registration, cessation of route operation, addition or replacement of means of scheduled passenger transport between Vietnam and China

1. Applicants for registration to operate the scheduled passenger transport routes between Vietnam and China:

Transport enterprises that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam and China.

2. Required documents in the application for registration of operation of a scheduled passenger transport route between Vietnam and China:

a) An application form for registration of scheduled passenger transport routes between Vietnam and China, using Form No. 13, Appendix III of this Decree;

b) A copy of the automobile registration certificate or a copy of the appointment letter for the receipt of the automobile registration certificate from the registration authority 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;

c) Plan to operate the scheduled passenger transport route between Vietnam and China according to Form No. 14, Appendix III of this Decree.

3. Transport route authority:

a) The Directorate for Roads of Vietnam shall announce the operation of scheduled passenger transport routes between Vietnam and China for routes inner the territories of the two countries;

b) The Department of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh and the Department of Transport and Construction of Lao Cai announce the operation of scheduled passenger transport routes between the border areas of Vietnam and China.

4. Procedures for registration to operate the scheduled passenger transport route between Vietnam and China:

a) The transport enterprise shall submit 01 application in one of the following forms: in person, online, by post. After receiving and checking the application, the receiving officer shall update the information of the application in accordance with regulations into the online public service system of the line management agency. In case the application needs to be amended, the transport route authority shall notify in person or in writing or through the online public service system of the insufficient contents or those need amendments within 01 working day from the date of receipt of the application;

b) Within 02 working days from the date of receipt of complete and valid documents as prescribed, the transport route authority shall issue a written notice of operation of the scheduled passenger transport route between Vietnam and China according to Form No. 15 Appendix III of this Decree. In case of refusal, the transport route authority shall notify in writing or through the online public service system, clearly stating the reason;

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

5. Addition or replacement of vehicles for scheduled passenger transport between Vietnam and China

a) A transport enterprise operating on the route is entitled to supplement or replace vehicles for operation on the route;

b) Application for registration of addition or replacement of vehicles as prescribed in Clause 2 of this Article. A written request, using Form No. 13, Appendix III of this Decree;

c) Procedures for administrative procedures shall comply with the provisions of Clause 4 of this Article.

6. Cessation of route operation, cessation of vehicles for scheduled passenger transport between Vietnam and China:

a) The transport enterprise must send a notice to the transport route authority and the frontline bus station on the Vietnamese side and may stop operating only after posting it at the frontline bus station on the Vietnamese side for at least 10 days;

b) Within 02 working days from the date of receipt of the request, the transport route authority shall make a public announcement for other transport enterprises to register for operation.

7. The written notice of route operation expires in case the transport enterprise fails to put the vehicle into operation within 60 days from the effective date.