Chương V 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 giữa Việt Nam và Lào

Chapter V

PROCEDURES FOR ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS AND INTERMODAL TRANSPORT PERMITS BETWEEN VIETNAM AND LAOS

Article 23. Issuance and re-issuance of international road transport permits between Vietnam and Laos

1. Holders: An international road transport permit between Vietnam and China is issued to a transport enterprise of Vietnam which meets the requirements in Article 19 of the Protocol on the implementation of the Agreement on facilitation of transport road motor vehicles crossing the border between the Government of the Socialist Republic of Vietnam and the Government of Lao People's Democratic Republic.

2. Required documents in application:

a) Application form for the issuance or re-issuance of an international road transport permit between Vietnam and Laos using Form No. 01, Appendix IV of this Decree;

b) Transport business plan according to Form No. 02, Appendix IV of this Decree.

3. Licensing authority: Directorate for Roads of Vietnam, Department of Transport, Department of Transport - Construction of provinces and central-affiliated cities.

4. Procedures:

a) The transport enterprise shall submit 01 application for the issuance or re-issuance of an international road transport permit between Vietnam and Laos to the licensing authority as prescribed in clause 3 of this Article 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 international road transport permit between Vietnam and Laos using Form No. 03, Appendix IV 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 international road transport permit between Vietnam and Laos 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 24. Withdrawal of international road transport permits between Vietnam and Laos

1. The licensing authority shall withdraw the international road transport permits between Vietnam and Laos when the transport enterprise violates one of the following cases:

a) Perform a type of transport not specified in the international road transport permits between Vietnam and Laos;

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 international road transport permit between Vietnam and Laos and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority;

b) After the decision to withdraw the license takes effect, the transport enterprise must stop all transport activities across borders and within 15 working days must submit to the licensing authority the following: the international road transport permit between Vietnam and Laos, the entire international road transport permit between Vietnam and Laos that have been issued.

Article 25. Issuance and re-issuance of c

1. Holders:

Intermodal transport permits between Vietnam and Laos are granted to vehicles of organizations and individuals that meet the conditions prescribed by law on road transport activities between Vietnam and Laos and the provisions of the Protocol on implementation of the Agreement on facilitation of transport for road motor vehicles to cross the border between Vietnam and Laos.

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. 04, Appendix IV 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) A copy of the written notice of route operation, the document of replacement or addition of vehicles of the route management agency, and the contract to pick up and drop off passengers at the bus station in Vietnam and the passenger bus station or other places to pick up and drop off passengers in Laos (for vehicles operating on scheduled passenger transport routes between Vietnam and Laos).

3. Required documents in the application for issuance and re-issuance of permit for non-commercial vehicles and means serving works, projects or business activities of enterprises in the territory of Laos:

a) Application form for the issuance or re-issuance of the permit using Form No. 05, Appendix IV of this Decree;

b) A copy of the certificate of registration of cars under the right of use of organizations or individuals;

c) A copy of the competent agency's decision on assignment for business trip (for official vehicles and vehicles of diplomatic missions or international organizations on business trips);

d) A copy of the contract or document proving that the applicant is carrying out works, projects or doing business in the territory of Laos (if the applicant is serving works, projects or business activities in the territory of Laos).

4. Licensing authority:

a) The Directorate for Roads of Vietnam issues intermodal transport permits between Vietnam and Laos to vehicles of agencies of the Party, National Assembly, Government, ministries, ministerial-level agencies, agencies of ministries, and agencies of central political and social organizations, diplomatic missions, and representative offices of international organizations in Vietnam; other agencies, organizations and individuals who seek the issuance of permits from the Directorate for Roads of Vietnam;

b) The Departments of Transport and the Departments of Transport and Construction of the provinces and central-affiliated cities shall issue intermodal transport permits between Vietnam and Laos to vehicles of agencies, organizations, individuals and transport enterprises in the provinces/cities;

c) The Department of Transport of the province/city where there is a border checkpoint with Laos, shall issue permits to non-commercial vehicles of organizations and individuals located in other provinces of Vietnam to pass through the border checkpoints in their respective province/city.

5. 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 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 an intermodal transport permit between Vietnam and Laos using Form No. 06, Appendix IV 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.

6. In case the intermodal transport permit between Vietnam and Laos is damaged or lost, the transport enterprise shall make an application for re-issuance according to the provisions of Clauses 2, 3 and 5 of this Article.

Article 26. Withdrawal of intermodal transport permit between Vietnam and Laos

1. The licensing authority shall withdraw the intermodal transport permit between Vietnam and Laos 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 intermodal transport activities between Vietnam and Laos;

b) The license for transport business by automobile or the international road transport permit between Vietnam and Laos 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 intermodal transport permit between Vietnam and Laos and send it to the transport enterprise, regulatory agencies at the checkpoint and relevant agencies; post information on the website of the licensing authority;

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 intermodal transport permit between Vietnam and China to the licensing authority.

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

1. Holders: Laos vehicles beyond the time limit for circulation in Vietnam specified in the intermodal transport permit due to force majeure may have the circulation time extended for 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 encounters force majeure events.

3. Required documents in application:

a) A written request for extension, using Form No. 07, Appendix IV of this Decree;

b) Intermodal transport permit between Vietnam and Laos (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 Laos vehicle. The competent authority shall give the extension in a separate document or in the intermodal transport permit. In case of refusal, competent authority shall provide explanation in writing.

Article 28. Procedures for registration, cessation of route operation, addition, replacement, adjustment of driving frequency on scheduled passenger transport routes between Vietnam and Laos

1. Applicants for registration to operate the scheduled passenger transport route between Vietnam and Laos: Transport enterprises that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam and Laos.

2. Required documents in application for registration to operate the scheduled passenger transport route between Vietnam and Laos:

a) An application form for registration of scheduled passenger transport routes between Vietnam and Laos, using Form No. 08, Appendix IV 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 Laos according to Form No. 09, Appendix IV of this Decree.

3. Transport route authority: Directorate for Roads of Vietnam.

4. Procedures:

a) The transport enterprise shall submit 01 application to the competent authority in one of the following forms: in person, online, by post. For applications submitted in person, the receiving officer updates the information into the online public service system of the 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 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 competent authority shall issue a written notice of operation of the scheduled passenger transport route between Vietnam and Laos according to Form No. 10 Appendix IV 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.

5. 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.

6. A scheduled passenger transport route between Vietnam and Laos must start and end in the Vietnamese territory, at a bus station of class 01 to class 04 or a bus station of class 05 in the poor district according to regulations of the Government.

7. Vehicles operating scheduled passenger transport routes between Vietnam and Laos must have a transport order. A transport order is issued for each outgoing and return trip (in case the trip is made in many days), or on daily basis (in case of multiple trips in a day). Transport orders are issued by the transport enterprise according to Form No. 11 Appendix IV of this Decree and must be numbered by year for management.

8. Addition or replacement of vehicles for scheduled passenger transport

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

b) Application for registration of addition or replacement of vehicles as prescribed in Clause 2 of this Article. A written request, using Form No. 08, Appendix IV of this Decree;

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

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

a) In seeking cessation of route operation, cessation of vehicles operating on the route, the transport enterprise shall notify in writing according to Form No. 12, Appendix IV of this Decree to the competent authority or the frontline station on the Vietnamese side and return the notices of route operation and the intermodal transport permits of the vehicles that have stopped operating to the competent authority.

The transport enterprise is only allowed to stop operating the route or stop the vehicle operating on the route after it has posted at the frontline bus station in 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 notice of cessation of route operation using Form No. 13 of Appendix IV of this Decree and make a public announcement for other transport enterprises to register for operation.

10. Adjusting the frequency of vehicle operation on the route

a) At least 10 days before adjusting the frequency of vehicle operation on the route, the transport enterprise must notify in writing according to Form No. 14, Appendix IV of this Decree to the competent authority, the frontline bus station in the Vietnamese side;

b) Within 02 working days from the date of receiving the written request, the competent authority shall notify the adjustment of frequency of vehicle operation on the route according to Form No. 15, Appendix IV of this Decree.