Chapter VI
PROCEDURES FOR ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERNATIONAL ROAD TRANSPORT PERMITS AND INTERMODAL TRANSPORT PERMITS BETWEEN VIETNAM AND CAMBODIA
Article 29. Issuance and re-issuance of international road transport permits between Vietnam and Cambodia
1. Holders: An international road transport permit between Vietnam and Cambodia is issued to a transport enterprise of Vietnam.
2. Required documents in application:
a) Application form for the issuance or re-issuance of an international road transport permit between Vietnam and Cambodia using Form No. 01, Appendix V of this Decree;
b) Transport business plan according to Form No. 02, Appendix V 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 international road transport permit between Vietnam and Cambodia 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 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;
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 Cambodia using Form No. 03, Appendix V 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 Cambodia 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 30. Withdrawal of international road transport permits between Vietnam and Cambodia
1. The licensing authority shall withdraw the international road transport permits between Vietnam and Cambodia 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 Cambodia;
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 Cambodia 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 Cambodia side for coordination in handling;
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 Cambodia, the entire international road transport permit between Vietnam and Cambodia that have been issued.
Article 31. Issuance and re-issuance of intermodal transport permits between Vietnam and Cambodia
1. Holders: Intermodal transport permits between Vietnam and Cambodia are granted to vehicles of organizations and individuals, transport enterprises that meet the conditions prescribed by law on road transport activities between Vietnam and Cambodia.
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 V 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 Cambodia (for vehicles operating on scheduled passenger transport routes between Vietnam and Cambodia).
3. Required documents in an application for issuance or re-issuance of a permit for non-commercial vehicle include:
a) Application form for the issuance or re-issuance of the permit using Form No. 05, Appendix V 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 organization or individual, an additional copy of the vehicle rental contract must be presented;
c) A copy of the competent agency's decision on assignment for business trip, for official vehicles.
4. The Directorate for Roads of Vietnam issues permits for the following vehicles:
a) Commercial vehicles;
b) Non-commercial vehicles of central agencies of the Party, National Assembly and Government; Ministries, ministerial-level agencies, Governmental agencies, ministries' agencies, diplomatic missions, government organizations, socio-political organizations, mass organizations, and central public sector entities.
5. The Departments of Transport of provinces and central-affiliated cities shall issue intermodal transport permits to vehicles of agencies, organizations, individuals and transport enterprises in the provinces/cities.
6. The Department of Transport of the province/city where there is a border checkpoint with Cambodia, 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.
7. 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 a permit using Form No. 06 (for commercial vehicles) and Form No. 07 (for non-commercial vehicles) of Appendix V 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.
8. In case the intermodal transport permit between Vietnam and Cambodia is damaged or lost, the organization, individual, transport enterprise shall make an application for re-issuance of permit according to the provisions of Clauses 2, 3 and 7 of this Article.
Article 32. Withdrawal of intermodal transport permit between Vietnam and Cambodia
1. The licensing authority shall withdraw the intermodal transport permit between Vietnam and Cambodia 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 Cambodia;
b) Fail to carry out intermodal transport activities between Vietnam and Cambodia within 3 months from the date of issuance of the intermodal transport permit;
c) Fail to conduct intermodal transport activities between Vietnam and Cambodia 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 international road transport permit between Vietnam and Cambodia 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 intermodal transport permit between Vietnam and Cambodia 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 Cambodia to the licensing authority.
Article 10. Extension of circulation time in Vietnam for Cambodia’s vehicles
1. Holders: Cambodia’s 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. 08, Appendix V of this Decree;
b) Intermodal transport permit between Vietnam and Cambodia (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 Cambodia’s 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 34. Procedures for registration, cessation of route operation, addition or replacement of means of scheduled passenger transport between Vietnam and Cambodia
1. Applicants for registration to operate the scheduled passenger transport route between Vietnam and Cambodia:
Transport enterprises that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam and Cambodia.
2. Applicants for registration to operate the scheduled passenger transport route between Vietnam and Cambodia:
a) An application form for registration of scheduled passenger transport routes between Vietnam and Cambodia, using Form No. 09, Appendix V 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 Cambodia according to Form No. 10, Appendix V of this Decree.
3. Transport route authority: Directorate for Roads of Vietnam.
4. Procedures for registration to operate the scheduled passenger transport route between Vietnam and Cambodia:
a) The transport enterprise shall submit 01 application in one of the following forms: in person, online, by post to the competent authority. 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 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 transport route authority shall issue a written notice of operation of the scheduled passenger transport route between Vietnam and Cambodia according to Form No. 11 Appendix V 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 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 Cambodia 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 Cambodia 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). The transportation order is printed by the transport enterprise according to Form No. 12, Appendix V of this Decree. The transport order 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. 09, Appendix V of this Decree;
c) Procedures for administrative procedures shall comply with the provisions of Clause 4 of this Article.
9. Cessation of route operation, adjustment of frequency of vehicle operation on the scheduled passenger transport route by automobiles between Vietnam and Cambodia:
a) The transport enterprise operating on a scheduled passenger transport route by automobile between Vietnam and Cambodia shall, in seeking operation on the route or cessation of the vehicle, send a written notice according to Form No. 13 Appendix V of this Decree to the competent authority, the frontline bus station on the Vietnamese side and return to the Directorate for Roads of Vietnam the notices of route operation, the intermodal transport permits of the vehicles that have stopped operating on the route;
The transport enterprise is only allowed to stop operating 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 competent authority shall make a notice of cessation of route operation using Form No. 14 of Appendix V 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 send a written notice according to Form No. 15, 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. 16, Appendix V of this Decree.
Tìm kiếm
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 (Bản Word)
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 (Bản Pdf)