Chapter VII
PROCEDURES FOR ISSUANCE, REISSUANCE, WITHDRAWAL OF INTERMODAL TRANSPORT PERMITS BETWEEN VIETNAM, LAOS AND CAMBODIA
Article 35. Issuance and re-issuance of intermodal transport permits between Vietnam and Cambodia
1. Holders: Intermodal transport permits between Vietnam, Laos 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, Laos and Cambodia.
2. Required documents in an application for commercial vehicle include:
a) Application form for the issuance or re-issuance of the permit using Form No. 01, Appendix VI 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, Cambodia (for vehicles operating on scheduled passenger transport routes between Vietnam, Laos and Cambodia).
3. Required documents in an application for non-commercial vehicle include:
a) Application form for the issuance or re-issuance of the permit using Form No. 02, Appendix VI of this Decree;
b) Certificate of vehicle registration (certified copy or a copy enclosed with the original for comparison). In case the vehicle is not owned by an organization or individual, it must be accompanied by documents proving the lawful use right of the organization or individual with that vehicle (certified copy or a copy enclosed with the original for comparison);
c) A certified copy of the contract or document proving that the applicant is carrying out works, projects or doing business in the territory of Laos or Cambodia (if the applicant is serving works, projects or business activities in the territory of Laos or Cambodia).
4. The Directorate for Roads of Vietnam issues permits for the following vehicles:
a) Commercial vehicles, including contract passenger transport vehicles, tourist transport vehicles, and goods transport vehicles;
b) Non-commercial vehicles of organizations and individuals that seek the issuance of permits at the Directorate for Roads of Vietnam.
5. 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, Laos and Cambodia to vehicles of agencies, organizations, individuals and transport enterprises in the provinces/cities.
6. Department of Transport of the province/city where there is a border checkpoint with Laos and Cambodia according to the Appendix to the Memorandum of Understanding between the Governments of the Kingdom of Cambodia, the Lao People's Democratic Republic and the Socialist Republic of Vietnam on road transport and issuance of permits to non-commercial vehicles of organizations and individuals located in other provinces of Vietnam to pass through their local checkpoints.
7. Procedures:
a) Organizations, individuals and transport enterprises shall submit 01 set of application to the licensing authority in one of the following forms: in person, online, by post. 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 using Form No. 03 (for commercial vehicles) and Form No. 04 (for non-commercial vehicles) of Appendix VI 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, Laos 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 36. Withdrawal of intermodal transport permit between Vietnam, Laos and Cambodia
1. The licensing authority shall withdraw the intermodal transport permit between Vietnam, Laos 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, Laos and Cambodia;
b) Fail to carry out intermodal transport activities between Vietnam, Laos and Cambodia within 3 months from the date of issuance of the intermodal transport permit;
c) Fail to conduct transport activities between Vietnam, Laos and Cambodia from 03 trips or more within a period of 06 consecutive months (a trip refers to both outgoing and return trip);
d) 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;
dd) The license for transport business by automobile or the international road transport permit between Vietnam and Laos or the international road transport permit between Vietnam and Cambodia is withdrawn by the competent authority.
2. Procedures:
a) The licensing authority shall issue a decision to withdraw the intermodal transport permit between Vietnam, Laos 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, Laos and Cambodia to the licensing authority.
Article 37. Extension of circulation time in Vietnam for Laos or Cambodia’s vehicles
1. Holders: Laos or 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. 05, Appendix V of this Decree;
b) Intermodal transport permit between Vietnam, Laos 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 Laos or 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 38. Procedures for registration, cessation of route operation, addition or replacement of means of scheduled passenger transport between Vietnam, Laos and Cambodia
1. Applicants for registration to operate the scheduled passenger transport route between Vietnam, Laos and Cambodia:
Transport enterprises that satisfy all conditions under current regulations may register to operate scheduled passenger transport routes between Vietnam, Laos and Cambodia.
2. Required documents in application for registration to operate the scheduled passenger transport route between Vietnam, Laos and Cambodia:
a) An application form for registration of scheduled passenger transport routes between Vietnam, Laos and Cambodia, using Form No. 06, Appendix VI 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. 07, Appendix IV of this Decree.
d) Cooperation contract between the Vietnamese transport enterprise and the partner of Laos and/or Cambodia (certified copy or copy enclosed with the original for comparison).
3. Transport route 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 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 according to Form No. 08 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, Laos 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, Laos 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). Transport orders are issued by the transport enterprise according to Form No. 09 Appendix VI 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. 06, Appendix VI 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, Laos and Cambodia
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. 10, 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. 11 of Appendix VI 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. 12, Appendix VI 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. 13, Appendix VI 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)