Nghị định 152/2013/NĐ-CP quy định về quản lý phương tiện cơ giới do người nước ngoài đưa vào Việt Nam du lịch

DECREE

ON MANAGEMENT OF MOTOR VEHICLES PUT INTO VIETNAM BY FOREIGNERS FOR TOURISM PURPOSE

Pursuant to the December 25, 2001 Law on organization of Government;

Pursuant to the November 13, 2008 Law on road traffic;

Pursuant to the June 14, 2005 Law on tourism;

Pursuant to the November 29, 2005 Law on enterprises;

At the proposal of the Minister of Transport;

The Government promulgates Decree on management of motor vehicles put into Vietnam by foreigners for tourism purpose,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for motor vehicle of foreigners registered in foreign countries and controlled by foreigners (hereinafter collectively referred to as foreign motor vehicles) joining in traffic in Vietnam for the tourism purpose; responsibilities of concerned organizations and individuals.

Article 2. Subjects of application

1. This Decree applies to Vietnamese organizations and individuals, foreign organizations and individuals related to foreign motor vehicles joining in traffic in Vietnam for the tourism purpose.

2. Domestic and foreign organizations and individuals related to foreign motor vehicle in joining in traffic in Vietnam for the tourism purpose must comply with provisions of this Decree and other relevant legal documents.  In case where International treaties of which the Socialist Republic of Vietnam is a member otherwise provides, such International treaties will prevail.

Chapter 2.

PROVISIONS ON FOREIGN MOTOR VEHICLES JOINING IN TRAFFIC IN VIETNAM

Article 3. Conditions for foreign motor vehicles joining in traffic in Vietnam

1. They must through Vietnamese international travel enterprises do procedures for request for approval and organization of implementation. Duration of permission to join in traffic in Vietnam maximally not exceed 30 days. In case of force majeure (natural disasters, traffic accidents, vehicles are decayed and not able to repair in Vietnam), vehicles may be stayed in Vietnam additionally not exceeding 10 days.

2. Having written acceptance of the Ministry of Transport;

3. Conditions applicable to vehicles:

a) Being automobiles carrying passengers with the left-hand steering wheel of less than or equal to 9 seats, and motor bikes;

b) Under ownership of foreign organizations and individuals, registered in foreign countries and affixed the foreign number plates;

c) Having certificate of vehicle registration issued by competent agencies of countries where vehicles are registered and still valid;

d) Having certificate of technical safety verification and environmental protection for motor vehicles issued by competent agencies of countries where vehicles are registered and still valid (for automobiles).

4. Conditions applicable to drivers of vehicles:

a) Being foreign citizens;

b) Having passports or papers valued to replace passport and still valid for use of at least 06 months, from the day of immigration and must have visa (except for case of visa exemption) in conformity with duration of temporary residence in Vietnam;

c) Having license of driving in conformity with the driven vehicle kind.

Article 4. Order of and procedures for acceptance for foreign motor vehicles joining in traffic in Vietnam

1. The Vietnam international travel enterprises shall send to the Ministry of Transport 01 set of dossier, including the following papers:

a) Official dispatch requesting for acceptance of organization for foreign tourists to put motor vehicles in traffic in Vietnam. In which clearly state quantity of vehicles, quantity of persons, date and border-gates of immigration, date and border-gates of emigration, road map of routes in tourism program;

b) Copies of documents stated in point c, point d Clause 3 and point b, point c Clause 4 Article 3 of this Decree;

c) List of vehicle drivers; List of vehicles, the number plates of vehicles, color of vehicles, frame numbers, machine numbers (the international travel enterprises will sign, affix their seal and take responsibility for accuracy of information already stated);

d) Copy of license of trading in international travel issued by The Ministry of Culture, Sports and Tourism.

2. At least 5 working days, after receiving full and valid dossiers defined in Clause 1 of this Article, the Ministry of Transport shall issue a written acceptance on foreign motor vehicles joining in traffic in Vietnam.

 The written acceptance will be sent to the Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Command of Border Guard, People’s Committees of relevant provinces and central-affiliated cities for coordination in management.     In case of refusal, it must reply in writing within 05 working days and clearly states the reason thereof.

3. The written acceptance of the Ministry of Transport must clearly state border gate of immigration and emigration, quantity of persons, quantity of motor vehicles, frame numbers, machine numbers, color of vehicles, the vehicle number plate, name of driver, scope of route and duration of joining in traffic in Vietnam.

4. For case of force majeure defined in Clause 1 Article 3 of this Decree, after receiving the written report of tourist enterprises, the Ministry of Transport shall send a written notice to the Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Command of Border Guard for coordination in management. 

Article 5. Provisions on the foreign drivers and motor vehicles joining in traffic in Vietnam

1. It must have vehicles go ahead to lead way for foreign motor vehicles during course of joining in traffic in Vietnam. Vehicles to lead way are automobiles or motor bikes (if tourists carry motor bikes) and are arranged by the Vietnamese international travel enterprises and they must be fixed the logos or flags containing symbol of such enterprises. 

2. The vehicles must join in traffic in scope of routes and duration of circulation on Vietnam’s territory in accordance with provisions in the written acceptance of the Ministry of Transport.

3. When driving the vehicle to join in traffic, driver must strictly comply with regulations of law on road traffic of Vietnam and must carry along the following papers:

a) Passports or papers valued to replace passport and still valid for use of at least 06 months, from the day of immigration;

b) License of driving in conformity with the driven vehicle kind;

c) Certificate of technical safety verification and environmental protection for motor vehicles (for automobiles).

d) Certificate of vehicle registration issued by competent agencies of countries where vehicles are registered and still valid;

dd) Certificate of civil liability insurance of motor vehicle owner which is valid in Vietnam;

e) Vouchers of temporary import of vehicles.

Article 6. Handling of violations applicable to foreign drivers of motor vehicles

Foreign drivers of motor vehicles infringe regulations on Vietnamese law and international treaties of which the Socialist Republic of Vietnam is a member will be handled in accordance with regulations.

Chapter 3.

RESPONSIBILITIES OF RELEVANT AGENCIES AND INTERNATIONAL TRAVEL ENTERPRISES

Article 7. Responsibilities of the Ministry of Transport

1. To guide concerned organizations and individuals in putting foreign motor vehicles in traffic in Vietnam in accordance with regulations.

2. To organize the acceptance of foreign motor vehicles joining in traffic in Vietnam.

3. To coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Culture, Sports and Tourism in organizing, managing operation of foreign motor vehicles joining in traffic in Vietnam.

4. To coordinate with People’s Committees of provinces and central-affiliated cities in managing, monitoring, examining on joining in traffic in Vietnam of foreign motor vehicles.

5. In some special cases, in order to ensure traffic order and safety, and national security, the Ministry of Transport shall coordinate with the Ministry of Public Security, the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Culture, Sports and Tourism for unifying in decision on not allowing foreigners to put motor vehicles in joining in traffic in Vietnam.

Article 8. Responsibilities of the Ministry of Culture, Sports and Tourism

To coordinate with the Ministry of Transport, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance in organizing, managing operation of foreign motor vehicles joining in traffic in Vietnam.

Article 9. Responsibilities of the Ministry of Foreign Affairs

To coordinate with the Ministry of Transport, the Ministry of Public Security, the Ministry of Culture, Sports and Tourism in management of foreign motor vehicles joining in traffic in Vietnam.

Article 10. Responsibilities of the Ministry of Finance

To assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of National Defense in doing procedures for temporary import for re-export of foreign motor vehicles joining in traffic in Vietnam.

Article 11. Responsibilities of the Ministry of Public Security 

1. To coordinate with the Ministry of National Defense, the Ministry of Finance in settling procedures for temporary import for re-export of foreign motor vehicles put in for joining in traffic in Vietnam.

2. To handle violations of this Decree and other relevant provisions of law.

Article 12. Responsibilities of the Ministry of National Defense 

To preside over inspection, control of entry and exit, coordinate with the Ministry of Public Security, the Ministry of Finance in settling procedures for temporary import for re-export of foreign motor vehicles put in for joining in traffic in Vietnam.

Article 13. Responsibilities of People’s Committees of provinces and central-affiliated cities

1. To direct the local functional agencies in managing, inspecting operation of foreign motor vehicles put in for joining in traffic in Vietnam in accordance with provisions of this Decree.

2. To notify the Ministry of Transport, the Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs about incidents involving vehicles and foreigners upon joining in traffic in Vietnam.

Article 14. Responsibilities of international travel enterprises

1. To comply with provisions on entry and exit for persons and vehicles.

2. To organize the putting of foreign motor vehicles in joining in traffic in Vietnam and putting of such vehicles out Vietnam’s territory in accordance with regulations.

3. To ensure security, order and safety during the process when foreign motor vehicles join in traffic in Vietnam.

4. At least 10 days, after ending tourist program, they must have written report to the Ministry of Transport about the process when foreign motor vehicles join in traffic in Vietnam.

5. To be responsible for handling and settlement of costs arising due to violations of driver during joining in traffic in Vietnam.

6. For case of force majeure defined in Clause 1 Article 3 of this Decree, the international travel enterprises must send written report to the Ministry of Transport about reasons that make the vehicles to be put out country later than the time prescribed in the written approval of the Ministry of Transport.

Chapter 4.

PROVISIONS OF IMPLEMENTATION

Article 15. Effect

This Decree takes effect on December 25, 2013.

Article 16. Responsibility of implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree.