Thông tư 07/2010/TT-BGTVT quy định về tải trọng, khổ giới hạn của đường bộ; lưu hành xe quá tải trọng, xe quá khổ giới hạn, xe bánh xích trên đường bộ; vận chuyển hàng siêu trường, siêu trọng; giới hạn xếp hàng hóa trên phương tiện giao thông đường bộ khi tham gia giao thông trên đường bộ do Bộ trưởng Bộ Giao thông vận tải ban hành

CIRCULAR

DEFINING LOAD AND LIMIT SIZE OF ROADS; CIRCULATION OF OVERLOADED, OVERSIZED, AND TRACKED VEHICLES ON ROAD; TRANSPORTATION OF EXTRA-LOAD AND SUPER-LENGTH CARGOES; AND CARGO LOADING LIMITS OF ROAD VEHICLES UPON PARTICIPATION IN ROAD TRANSPORT

Pursuant to the Law on Road Transport dated November 13, 2008;

Pursuant to Decree No.51/2008/ND-CP dated April 22, 2008 of the Government regulating functions, duties, powers and organizational structure of the Ministry of Transport;

Minister of Transport regulates load and limit size of roads; publication of load, limit size of national highway; circulation of overloaded, oversized and tracked vehicles on roads; transportation of extra-load and super-length cargoes; and cargo loading limits of road vehicles upon participation in road transport as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

This Circular regulates load and limit size of roads; publication of load, limit size of national highway; operation of overloaded, oversized and tracked vehicles on roads; transportation of extra-load and super-length cargoes; and cargo loading limits of road vehicles upon participation in road transport.

Article 2. Subjects of application

This Circular applies to organizations and individuals related to the publication of load, limit size of national highway; operation of overloaded, oversized and tracked vehicles on roads; transportation of extra-load and super-length cargoes; and cargo loading limits of road vehicles upon participation in road transport.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Total load of vehicle includes body load plus the load of goods loaded on vehicle (if any).

2. Axle load means the total vehicle’s load distributed on each axle (single axle, dual axle cluster, three-axle cluster).

3. The permissible maximum size of motorized means of road transport means outside dimension limited on width, height, length of vehicles including cargoes loaded on vehicles (if any) which are allowed to participate in road transport.

4. Tracked vehicle means a kind of specialized self-propelled vehicle that moves by caterpillars, while participating in road transport, the caterpillars can cause damage to surface of roads, curbs.

5. Combination of vehicles with trailer or semi-trailer means a vehicle pulling a trailer or a combination of a tractor with semi-trailer.

6. Undetachable cargoes (subdivision) mean goods with intact seal, sealed by customs authorities, security, national defense or combination of structures, machinery and equipment that if they are dismantled, divided, they will be damaged or changed their function.

7. Vehicle owners mean the organizations and individuals recorded their names in the certificates of vehicles registration.

Chapter 2.

REGULATION ON LOAD AND LIMIT SIZE OF ROADS; PUBLICATION OF LOAD, LIMIT SIZE OF NATIONAL HIGHWAY

Article 4. Load of roads

1. Road load is the working load bearing capacity of bridges and roads to ensure the life of works as designed.

2. Working load bearing capacity of bridges is determined according to documents designing bridges and actually technical status of the bridges publicized by the competent agencies or indicated by signs "limited load of vehicles".

3. Working load bearing capacity of roads is determined according to documents designing road surface and actually technical status of the roads publicized by the competent agencies or indicated by signs “limited load on axles".

Article 5. Limit size of roads

1. Limit size of roads is a space with limited size in height, width of roads, bridges, ferries, tunnels for the vehicles, including cargoes loaded on the vehicles to go through safely.

2. Limit size of the height of the roads is 4.75 meters for highways, roads of grade I, II, III; 4.5 meters for roads of grade IV or less;

3. Limit size of the width of the roads is the limit of the width of lanes, depending on the engineering levels of roads and construction terrain of the roads.

Article 6. Publication of the load, limit size of the highways

1. Publication of the load on some routes, the sections of highway that have been renovated, upgraded or newly constructed in sync with the road surface design load for single axle vehicles agreed by consent as 10 tons/axle, the bridge design load as the load of the vehicle convoy emulated according to the load diagram H30-XB80 or HL93 load is in Appendix 1a issued together with this Circular.

2. Publication of highway size limits at the technical levels of roads and construction terrain of the road is in Appendix 1b attached to this Circular, for a number of roads, sections of highways in Appendix 1a.

3. For the bridges on the routes, sections of national highways publicized in Appendix 1a which have not been upgraded synchronously on load, limit size consistent with the load, size limits announced in Clause 1 and Clause 2 of this Article, the road management agencies must organize to place signs of load limits, actual limit size of the bridges.

Article 7. Adjustment of the publication of load, limit size of the national highways

Every year, the Directorate for Roads of Vietnam is responsible for updating the routes, the sections of national highways to be newly built, upgraded, renovated or routes, the sections of national highways to be degraded due to damage of road surface or technical status of the works on the national highways that do not guarantee to publish additionally or adjust the load, limit size of the national highways announced in Clause 1 and Clause 2 of Article 6 of this Circular.

Article 8. Circulation of motorized means of road transport

1. Motorized means of road transport meeting the conditions on load and limit size of the roads as announced and the regulations on cargoes loading limits in Article 16, Article 17 and Article 18 of this Circular are circulated on the routes, the sections of national highways specified in Appendix 1a.

When motorized means of road transport are driven across the bridges with signboards "limited load of vehicles", the actual limit size of bridges in accordance with provisions of clause 3 of Article 6 of this Circular, it must comply with signboards “limited load of vehicles ", limit size of the bridges, speed and safe distance between the vehicles when crossing the bridges.

2. On the other routes, the sections of roads other than the list to be published in Appendix 1a, the vehicle owners, hirers of transport, drivers must comply with provisions on load, the limit size of local road publicized by the People’s Committees of provinces and cities directly under the Central Government or signboards "limited load of vehicles", permissible limit size of road, speed and safe distance between the vehicles upon circulated on road and the regulations on cargoes loading limit on motorized means of road transport.

3. Where required to transport undetachable cargoes or circulate means with  total load, size exceeding load, limit size of road, the vehicle owners, hirers of transport, drivers must request the competent road management agencies to grant permits for circulation prior to operating vehicles on road.

Chapter 3.

REGULATIONS ON CIRCULATION OF OVERLOADED VEHICLES, OVERSIZED VEHICLES, TRACKED VEHICLES ON ROADS

Article 9. Regulations on permission of circulation of overloaded vehicles, oversized vehicles on roads

2. Oversized vehicles which are allowed to circulate on the roads (hereinafter referred to as oversized vehicles) are the motorized means of road transport with one of the outside dimensions including goods loaded on vehicles (if any) exceeds the maximum allowable size according to regulations for motorized vehicles of road transport upon participating in road transport.

3. Special-use motorcycles with a total load of vehicle, axle load exceeding the working load of road, or outside dimensions exceeding maximum allowable size according to regulations for motorized vehicles of road transport upon participating in road transport are also considered as overloaded vehicles, oversized vehicles.

4. In addition to the above provisions, the other cases shall be decided by the Minister of Transport.

Article 10. Regulations on circulation of tracked vehicles in road transport

When tracked vehicles participating in road transport, it must comply with the mandatory measures such as fitting chain parts, place concrete slab, steel heelpiece, or other measures to protect the road surface. Where it fails to take the mandatory measures required above, tracked vehicles must be transported on other vehicles.

Article 11. Circulation of overloaded, over-sized vehicles, tracked vehicles on roads

1. The circulation of overloaded, over-sized vehicles, tracked vehicles on roads must be ensured traffic safety and the safety for the road works.

2. When organizations and individuals that are owners of means, the carriers, transport hirers, or the drivers drive the overloaded vehicles, oversized vehicles, tracked vehicles on roads must comply with the following provisions:

a) It must have permits for circulation of the overloaded vehicles, oversized vehicles, tracked vehicles on roads issued by the competent agencies as prescribed in Article 21. The permits for circulation of vehicles for each vehicle in accordance with provisions in Appendix 2 and Appendix 3 attached to this Circular.

b) It must comply with the provisions recorded in the permit for circulation of vehicle.

3. The vehicles transporting goods in excess of the vehicle’s permissible load by the manufacturer's design or exceeding permissible load of vehicle which was tested by the register agency after designed for renovation or oversized vehicles of the road shall not be allowed to circulate on the road.

Chapter 4.

TRANSPORTATION OF EXTRA-LOAD AND SUPER-LENGTH CARGOES ON THE ROADS

Article 12. Regulations on extra-load and super-length cargoes

1. The super-length cargoes are the undetachable cargoes, when they are loaded onto transport vehicles, they have one of the outside dimensions (of the combination of vehicles and cargo loaded on vehicle) as follows:

a) It is more than 20.0 meters in length;

b) It is more than 2.5 meters in width;

c) The height from the highest point of the road surface which the vehicles are driven or more is more than 4.2 meters, for vehicles transporting containers, it complies with provisions in Clause 3 of Article 17 of this Circular.

2. The extra-load cargoes are the undetachable cargoes with a load of more than 32 tons.

Article 13. Means of transport of extra-load and super-length cargoes

Means of transport of extra-load and super-length cargoes are the special-use vehicles which are designed and manufactured to transport extra-load and super-length cargoes with dimensions, load suitable to types of transported cargoes and must comply with the conditions specified in the permit of circulation of vehicle.

Where necessary, means of transport of extra-load and super-length cargoes can be improved according to the design documents which are approved by the competent authorities.

Article 14. Circulation of means of transport of extra-load and super-length cargoes on the roads

When means of transport of extra-load and super-length cargoes circulated on the roads, they must comply with the regulations on circulation of overloaded, over-sized vehicles and tracked vehicles on the roads in Chapter III of this Circular. The permit of circulation issued for means of transportation of extra-load and super-length cargoes is in accordance with prescribed form in Appendix 2 attached to this Circular.

Chapter 5.

LIMITATION OF LOADING GOODS IN MEANS OF ROAD TRANSPORT WHEN PARTICIPATING IN ROAD TRANSPORT

Article 15. Limitation of loading goods in means of road transport when participating in road transport

The load of cargo on means of road transport when participating in road transport must be complied with the regulations on the total allowed load of the vehicle, axle load, height, width, length of loading cargo of vehicle in Article 16, Article 17 and Article 18 of this Circular and shall not be exceeded the design load of the vehicle which is recorded in the vehicle registration certificate;

Goods loaded on vehicles must be neat, firmly tied, not be dropped along the way, not be dragged on the road surface, and not be obstructed for the driving of vehicles.

Article 16. Axle load and total load of the vehicle

1. Axle load:

a) single axle: axle load ≤ 10 tons/axle.

b) The dual-axle cluster (two axles), depends on the distance (d) of the two centers of axe:

- The case: d <1.0 m, load of axle cluster ≤ 11 tons;

- The case: 1.0 m ≤ d <1.3 m, load of axle cluster ≤ 16 tons;

- The case: d ≥ 1.3 m, load of axle cluster ≤ 18 tons.

c) The three-axle cluster (three axles), depends on the distance (d) of the two adjacent centers of axe:

- The case: d ≤ 1.3 m, load of axle cluster ≤ 21 tons;

- The case:  d> 1.3 m, load of axle cluster ≤ 24 tons.

2. The total load of the vehicle:

a) For the unibody construction vehicles:

- With a total number of axles equal 2, the total vehicle load ≤ 16 tons;

- With a total number of axles equal 3, the total vehicle load ≤ 24 tons;

- With a total number of axles equal 4, the total vehicle load ≤ 30 tons;

- With a total number of axles equal 5 or more, the total vehicle load ≤ 34 tons;

b) For combination of tractors with trailers or semi-trailers:

- With a total number of axles equal 3, the total vehicle load ≤ 26 tons;

- With a total number of axles equal 4, the total vehicle load ≤ 34 tons;

- With a total number of axles equal 5 or more, the total vehicle load ≤ 40 tons;

c) For combination of the unibody construction vehicles pulling trailers or semi-trailers: The total load of the combination of vehicles includes total load of the unibody construction vehicle (corresponding to the total load of the vehicles specified in point a this clause) and total axel load of trailers or semi trailers pulled by (corresponding to the axle load specified in clause 1 of this Article), but not exceeding 45 tons.

Article 17. The height of loading cargoes on means of road transport

1. For the barreling truck (with hood), the height of loading cargoes is the height is limited within scope of the vehicle barrel as designed by the manufacturer or by design that has been approved by the competent authority.

2. For opened barreling truck (without hood), goods loaded on vehicles exceeding the height of the barrel (as designed by the manufacturer or by design that has been approved by the competent authority) must be tied, chocked, inserted firmly to ensure safety when participating in road transport. The permissible height of loading cargoes does not exceed the height specified below, from the highest point of the road surface which vehicles are driven or more:

a) Vehicles with the design load carrying goods from 5 tons or more (recorded in the vehicle registration certificate). Height of loading cargoes does not exceed 4.2 meters;

b) Vehicles with the design load carrying goods from 2,5 tons to less than 5 tons (recorded in the vehicle registration certificate). Height of loading cargoes does not exceed 3.5 meters;

c) Vehicles with the design load carrying goods of less than 2,5 tons (recorded in the vehicle registration certificate). Height of loading cargoes does not exceed 2.8 meters.

3. Special-use vehicles and container carrying vehicles: The height of loading cargoes (from the highest point of the road surface which vehicles are driven or more) shall comply with the following schedules:

a) Not more than 4.35 meters applied to the end of December 31, 2010, when crossing the areas of undergrade bridges, overpasses, the vehicles are only allowed to run at a speed of not exceeding 30 km/h.

b) Not more than 4.2 meters applied from January 01, 2011.

4. Where vehicles carrying bulk goods, construction materials such as soil, rock, sand, gravel, coal, ores or other goods of similar nature: The height of loading cargoes does not exceed the height of the vehicle barrel according to the manufacturer’s design or improved design which has been approved by the competent authority.

Article 18. The width and length of loading cargoes on means of road transport

1. Permissible width of loading cargoes on motorized means of road transport is the width of the vehicle barrel according to the manufacturer's design or improved design which has been approved by the competent authority.

2. Permissible width of loading cargoes on motorized means of road transport does not exceed 1.1 times of the total length of the vehicle by manufacturer's design or design improved design which has been approved by the competent authority and not more than 20.0 meters. When carrying the cargoes with length of greater than the length of the vehicle barrel, it must be signaled in accordance with provisions and must be firmly tied to ensure safety in participating in road transport.

3. Passenger carrying vehicles are not allowed to load cargoes and luggage protruding over the outside dimensions of the vehicles.

4. Motorcycles and motorbikes are not allowed to load cargoes and luggage exceeding the width of the racks carrying goods by the manufacturer's design on each side 0.30 meter, beyond the rear of the rack carrying goods as 0.50 meter. Height of loading cargoes from the road surface which vehicles are ridden is 2.0 meters.

5. The rudimentary vehicles are not allowed to load cargoes exceeding the rear and front more than the 1/3 of body length; exceeding 0.4 m on each side of wheel, exceeding the front and rear of vehicle more than 1.0 meter.

Chapter 6.

PERMITS FOR CIRCULATION OF OVERLOADED, OVERSIZED VEHICLES, TRACKED VEHICLES, VEHICLES CARRYING EXTRA-LOAD AND SUPER-LENGTH CARGOES ON THE ROADS

Article 19. General provisions on grant of permits for circulation of overloaded, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on the roads

1. It only grants permits for circulation of overloaded, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on the specific sections of road, roads and in the special cases, when there is no any more suitable plan of transportation or cannot use other more suitable type of motorized means of road transport for transporting on the sections of road, roads.

2. Not to grant permits for circulation of oversized vehicles for the cases of carrying detachable goods (subdivision) or tracked vehicles that do not take the mandatory measure upon in participating in road transport.

3. Not to grant permits for circulation of vehicles for the organizations and individuals who are owners of means, the carriers or transport hirers causing damage for road works due to the circulation of overloaded, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on roads that have not completed the repair, recovery of damage of the road works.

4. Agencies that are competent to grant permits for circulation of vehicles must choose the most reasonable route for allowing circulation of overloaded, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on the basis of ensuring operational safety for means of transportation and road safety. Prohibited the grant of permits for circulation when the vehicles load goods in excess of the allowable load by the design of the manufacturer or of permitted load of vehicle which has been tested by the register agency after designed, renovated, and is specified in the certificate of inspection of technical safety and environmental protection of motorized means of road transport.

5. Where overloaded vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes exceed working load bearing capacity of road required to re-enforce roads, the organizations and individuals that are owners of means, the carriers or transport hirers wishing for circulation of overloaded vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on the road are responsible for paying the costs of survey, design of reinforcement and doing the reinforcement, costs of quality inspection of roads that have been reinforced (if necessary). Competent agencies are granted permits for circulation of vehicles only after completion of the reinforcement and having report of inspection result of reinforcement quality of the roads (if any) meeting the load bearing capacity due to the circulation of overloaded vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes.

6. The validity of permits for circulation of vehicles:

a) The overloaded vehicles, oversized vehicles when circulating which are not required to make the mandatory conditions as following the prescribed lanes, having vehicle for navigation, escort or road reinforcement or implementing other mandatory regulations on traffic safety:

- Where the circulation on the sections, roads newly improved and upgraded synchronously: The term of the permit for vehicle circulation is the time for each batch of transport or time of transport but not exceeding 60 days;

- Where the circulation on the sections, roads not yet improved and upgraded or improved and upgraded but not synchronous: The term of the permit for vehicle circulation is the time for each batch of transport or time of transport but not exceeding 30 days.

 b) The overloaded vehicles, oversized vehicles, vehicles carrying extra-load and super-length cargoes when circulating which are required to make the mandatory conditions as following the prescribed lanes, having vehicle for navigation, escort or road reinforcement or implementing other mandatory regulations on traffic safety: The term of the permit for vehicle circulation is the time for each batch of transport or time of transport but not exceeding 30 days.

c) The self-propelled tracked vehicles on the road: The term of the permit for vehicle circulation is the time for each turn from the departure to the arrival.

d) The validity of the permit for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes provided for in Point a, b and c of this clause must be in the valid time limit of the certificates of inspection of technical safety and environmental protection of motorized means of road transport.

In case the validity of the certificates of inspection of technical safety and environmental protection is shorter than the time limit specified in points a, b, c of this clause, the validity of the permit for vehicle circulation is equal to validity of certificates of inspection of technical safety and environmental protection.

Article 20. Dossiers, time limit, and order of grant of permits for vehicles circulation

1. Dossier of application for permit of circulation of vehicle:

a) Application for granting permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on the roads is according to the form in Appendix 4, Appendix 5 attached hereof. Attached to application for permit of circulation of vehicle is a diagram recording fully and accurately the outside dimensions (if vehicle carries goods, it must be recorded fully and accurately the outside dimensions when the goods are loaded onto vehicle or on trailer, semi-trailer: the height, width, length), distance between the axles, the length of vehicle rear.

Application for granting permit for vehicle circulation is the original, clear, full and not be erased; the requesting organization or individual must be owner of vehicle, the carrier or transport hirer. The requesting organization or individual must sign, state the full name and seal (if it is an organization). Where the application for granting permit for vehicle circulation has no stamp, the applicant for granting permit for vehicle circulation shall directly conduct the procedures and must present his/her ID card.

b) Copies of certificates of temporary registration of vehicles, tractors, trailers and semi-trailers (for facilities newly received).

c) Copies of pages written on the characteristics of means and latest inspection results of the valid certificates of inspection of technical safety and environmental protection of motorized means of road transportation. In case the means has just received, it just needs a copy of the technical features of vehicle (enclosed together vehicle by the manufacturer).

d) The written commitment of the owner of means on the ownership of means at the time of application for the grant of vehicle circulation permit.

When the organizations and individuals come to carry out procedures for granting permits of vehicles circulation, they must bring the originals or notarized copies or certified copies of the above copies for comparison.

2. The time limit for consideration to grant permit for vehicle circulation does not exceed 02 working days after receiving complete and valid dossiers.

Where required to inspect the road to determine ability to regulate conditions of participation in transport or reinforcement of road, within 02 working days after receiving complete and valid dossiers as prescribed in Clause 1 of this Article, the agency that is competent to issue permits for vehicle circulation must send a written request to the organization, individual wishing circulation of overloaded, over-sized vehicles, tracked vehicles, carrying extra- load, super length cargoes on road to conduct inspection or reinforcement of road;

The time limit for consideration to grant permit for vehicle circulation does not exceed 02 working days after receiving the report on result of inspection or report on the result of completion of reinforcing road of the consulting organization that is eligible to practice on ensuring vehicle’s safe circulation.

3. The order for granting permits for vehicle circulation:

a) Organizations and individuals wishing for circulation of overloaded, over-sized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes on road need to make the following order:

- To prepare dossier to request for the grant of vehicle circulation permit under the provisions of clause 1 of this Article;

- To apply 01 set of dossier to request for the grant of vehicle circulation permit and related fees and charges as prescribed by the Ministry of Finance to the agency that is competent to grant circulation permit;

- To conduct and make report of inspection or perform the reinforcement of road (if needed) when requested in writing by the agency that is competent to grant circulation permit. To submit 01 report of result of inspection or report on the result of reinforcing road to the agency that is competent to grant circulation permit.

b) The agency that is competent to grant circulation permit receives dossier, inspects dossier, if it is qualified, then shall grant permit for vehicle circulation to the organization, individual within the time limit provided in clause 2 of this Article.

Article 21. Competence to grant permits for vehicle circulation

1. General Directors of the Road Management Areas grant permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes operating on the road network in the whole country, except for the vehicles specified in clause 3 of this Article.

2. Directors of Departments of Transport grant permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes operating on the road network within their respective localities, except for the vehicles specified in clause 3 of this Article.

3. General Director of Directorate for Roads of Vietnam grants permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes that once circulated, it is required to perform the mandatory conditions such as following the lanes, having vehicles for navigation, escort or reinforcing road.

Article 22. Responsibilities of the agencies granting permits for vehicle circulation

1. The agencies that are competent to grant permits for vehicle circulation must be responsible for the grant of permits for vehicle circulation, must ensure the right objects, must ensure that the solution of vehicle circulation shall be suitable to the condition of roads, means of transportation and ensure traffic safety.

2. The agencies that are competent to grant permits for vehicle circulation may temporarily suspend or revoke permits of circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes for the violations of the conditions specified in the permits for vehicle circulation or in case of causing damage for the road works which not yet been completed the repair, recovery.

Article 23. Inspection of the vehicle's weight

1. Equipment used to inspect the vehicle's weight must be examined, inspected periodically, and granted certificate of inspection under the provisions of law on measurement. Equipment used to inspect the vehicle's weight must have a valid certificate of inspection.

2. Only apply the form of inspecting axle load when there is no enough condition for examining the vehicle's total weight (load-check station). Where vehicles have several axle clusters, choose the axle with the largest load to check the axle load. The total weight of the vehicle is determined by total weight of the axle.

3. Vehicles are considered as exceeding the maximum weight allowed to circulate on the roads for violating either of the following conditions:

a) The total weight of the vehicle exceeds the maximum weight of vehicle allowed to circulate on the roads specified in Clause 2 of Article 16 of this Circular;

b) The total weight of the vehicle is less than the maximum load of vehicle allowed to circulate on the roads, but the axle load exceeds 1.1 times of the maximum axle load allowed to circulate on the roads specified in Clause 1 of Article 16 of this Circular.

Chapter 7.

ORGANIZATION OF IMPLEMENTATION

Article 24. Inspection, examination, handling of violations and compensation for damages

1. The inspection, examination, and handling of violations prescribed in this Circular shall comply with current provisions of law on inspection, examination, and handling of violations.

2. In case of damage of road works caused by the circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes on the roads due to not complying with the provisions in this Circular, the violating organizations and individuals are responsible for paying compensation as prescribed by law.

Article 25. Organization of implementation

1. Directorate for Roads of Vietnam unifies in management, implementation and inspection of the grant of permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes on the roads; synthesizes, reports to the Ministry of Transport before December 31 each year the grant of vehicle circulation permit of the competent agencies as prescribed in Article 21 of this Circular.

2. Departments of Transport of the provinces and cities under central authority shall:

a) Regularly inspect and inform the situation of roads within their respective management and report to Directorate for Roads of Vietnam for this authority to notify and direct promptly the agencies licensing vehicle circulation to grant permits in accordance with limit size, working load of roads;

b) License vehicle circulation as decentralized and quarterly report the grant of permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes to Directorate for Roads of Vietnam by the form in Appendix 6a, Appendix 6b, Appendix 6c and Appendix 7 attached to this Circular for this authority to synthesize and report to the Ministry of Transport.

3. Agencies granting permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes are allowed to collect and use a part of the fees and charges of granting permits for vehicle circulation in accordance with provisions of the Ministry of Finance.

Article 26. Implementation provisions

1. This Circular takes effect 45 days after its signing date. To annul the Decision No.63/2007/QD-BGTVT dated December 28, 2007 of the Minister of Transport on the "Regulations on transport of extra- load, super length cargoes, and circulation of tracked vehicles causing damage to the road surface, overloaded vehicles, oversized vehicles of road on the roads", the Decision No.60/2007/QD-BGTVT dated December 07, 2007 of the Minister of Transport on the "Regulation on cargo loading limits of trucks upon participation in road transport and publication of road load."

2. Chief Office of Ministry, Chief Inspector of the Ministry, Directors of Departments, General Director of Directorate for Roads of Vietnam, Directors of Departments of Transport of the provinces and heads of concerned agencies, organizations, and individuals shall implement this Circular.

3. In the process of implementation, agencies, organizations, and individuals should promptly report to the Ministry of Transport on the problems arising for consideration and settlement.

APPENDIX 1a

THE ROUTES, SECTIONS OF ROAD ROUTES THAT HAVE BEEN RENOVATED, UPGRADED SYNCHRONOUSLY

APPENDIX 1b

LIMIT SIZE OF ROAD

APPENDIX 2

PERMIT FOR CIRCULATION OF OVERLOADED, OVERSIZED VEHICLE, VEHICLE CARRYING EXTRA- LOAD, SUPER LENGTH CARGOES ON ROAD

Valid until the end of date ... month ... year ………………

- Pursuant to Clause 2 Article 28 of the Law on Road Transport dated 13/11/2008;

- Pursuant to the Circular No.    /2010/TT-BGTVT dated ……….. defining load and limit size of roads; circulation of overloaded, oversized and tracked vehicles on roads; transportation of extra-load and super-length cargoes; and cargo loading limits of road vehicles upon participation in road transport;

- At the dossier requesting for grant of permit for circulation of overloaded, oversized vehicle of ... (name of organization or individual as applicant) ... date ... month .... year …………….,

To allow circulation of overloaded, oversized vehicles on the roads as follows:

Vehicle (label):………………………………… Registered number plate: ...

Trailer/trailer (label): ........................ Registered number plate:………………of ..................... (name of organization or individual as owner)
With the parameters as follows:

+ Type of goods: .............................. After removed the accessories (if any):
+ Full size of vehicle after goods are loaded:
- Length: ...... m; goods beyond the rear of vehicle barrel: ... m; goods beyond the front of vehicle barrel: ... m;
- Width: ......... m; goods beyond the two sides of vehicle barrel: .................. m;
- Height (from the road surface up): .......... m.
+ The total weight of the vehicle and the goods loaded on the vehicle: ... tonnes (of which weight of tractor is ... tons, semi-trailer or trailer is ... tons and goods is ... tons).

+ Departure ..... (specify ...... km / QL (DT) ........., place name)…………………….
+ Arrival ..... (specify ...... km / QL (DT) ........., place name)…………………………
+ The routes allowed to circulate: .......... (State fully, the specific names of the sections, routes of road allowed to travel, the shifting position, the control point from the departure to the arrival)……………………………………………................

The conditions stipulated while driving the vehicles on the roads

- Means owner and driver must comply with the provisions of the Road Transport Law.

- Vehicle must have enough effective brake systems (including semi-trailers or pulling trailers). Joint system connecting tractor with semi-trailer or trailer must be firm, ensure safety in accordance with regulations of the manufacturer.
- When crossing the bridge, vehicle must follow right lane ........... with a speed of .............. to avoid causing shock and to avoid causing the eccentricity to increase the influence of load on the bridge girder system. Strictly forbidden to stop or parking brake, brake the vehicle on the bridge.
- ............. (The other conditions of necessary regulations to ensure safety)
- Be subject to inspection and control of the forces of traffic control on the roads.
- When having a need of renewal of permit for circulation, please return this form.

APPENDIX 3

PERMIT FOR CIRCULATION OF SELF-PROPELLED TRACKED VEHICLE ON THE ROADS

Valid until the end of date ... month ... year ………………

- Pursuant to Clause 2 Article 28 of the Law on Road Trasport dated 13/11/2008;

- Pursuant to the Circular No.    /2010/TT-BGTVT dated ……….. defining load and limit size of roads; circulation of overloaded, oversized and tracked vehicles on roads; transportation of extra-load and super-length cargoes; and cargo loading limits of road vehicles upon participation in road transport;

- At the dossier requesting for grant of permit for circulation of self-propelled tracked vehicle of ... (name of organization or individual as applicant) ... date ... month .... year …………….,

To allow circulation of self-propelled tracked vehicle on the roads as follows:

Tracked vehicle (label):……………… Registered number plate:…….........

of ..................... (name of organization or individual as owner)
With the parameters as follows:
- Length: ...... m;;
- Width: ......... m;
- Height (from the road surface up): .......... m.

+ The total weight of the vehicle: ... tones;

+ Type of crawler track (plain or point):

+ Departure ..... (specify ...... km / QL (DT) ........., place name)…………………….
+ Arrival ..... (specify ...... km / QL (DT) ........., place name)…………………………
+ The routes allowed to circulate: .......... (State fully, the specific names of the sections, routes of road allowed to travel, the shifting position, the control point from the departure to the arrival)……………………………………………................

The conditions stipulated while driving the vehicles on the roads

- Means owner and driver must comply with the provisions of the Road Transport Law.

- It must ensure the technical safe conditions of vehicle and fit heelpiece for the crawler tracks.

- Vehicle must be driven on the right side of the ongoing way, the right speed of design of vehicle and not exceeding prescribed speed on road; give priority for other means of transportation.
- When crossing the bridge, vehicle must follow right bridge centerline with a slow speed; not to stop or park on the bridge.
- ............. (The other conditions of necessary regulations to ensure safety)
- Be subject to inspection and control of the forces of traffic control on the roads.
- When having a need of renewal of permit for circulation, please return this form.

APPENDIX 4

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------

APPLICATION FOR GRANT OF PERMIT FOR CIRCULATION OF OVERLOADED, OVERSIZED VEHICLE, VEHICLE CARRYING EXTRA- LOAD, SUPER LENGTH CARGOES ON ROAD

To: …………….. (name of competent agency to grant permits for vehicle circulation) ……….

- Individuals or organizations requesting: ..................................................

- Address: .............................................................................................. tel:

for being granted permit for circulation of overloaded vehicle, oversized vehicle with the following parameters:

MEANS OF TRANSPORTATION

- Type of vehicle:…………………………………………………………………............
- Vehicle brand: .......................................... registration number plate:…………….
- Brand of semi-trailer (or trailer): ...................................... …………………
- Registered number plate of semi-trailer (or trailer):…………………………………
- The outside size of vehicle including semi-trailer: Length x Width x Height:……… (m)
- The outside size of trailer: Length x Width x Height:……………………… (m)
- The design load of the vehicle (or vehicle pulling trailer):………………..... (tons)
- The design load of trailer:……………………………………………………… (tons)
- Load of vehicle: ...... (tons); Load of semi-trailer (trailer):…………………... (tons)
- The number of axles of the vehicle:...............: .............. Number of axles of semi-trailer: .................................................................................................................
- The axles of the trailer: ................... Number of rear axles of trailer:……………...

TRANSPORTED GOODS

- Type of goods: .......................................................................................

- Weight of goods requested for transport: ................................................

- Width of the entire vehicle as loading: ........... (m) Goods exceeding two sides of vehicle barrel: ................................................................................................  (m)

- Length of the entire vehicle as loading: ……….. (m) Height of the entire vehicle as loading: ...........................................................................................................  (m)

- Goods exceeding the front of vehicle barrel: …………….(m) Goods exceeding  the rear of vehicle barrel: ....................................................................................  (m)

ROUTES AND TRANSPORTATION DURATION

- Routes of transport (State fully, the specific names of the sections, routes of road allowed to travel, the shifting positions): ………………………………………..

- Duration requesting for circulation: From …………………….. to .............

APPENDIX 5

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------

APPLICATION FOR GRANT OF PERMIT FOR CIRCULATION OF SELF-PROPELLED TRACKED VEHICLE ON ROAD

To: …………….. (name of competent agency to grant permits for vehicle circulation) ……….

- Individuals or organizations requesting: ..................................................

- Address: .............................................................................................. tel:

- Request for being granted permit for circulation of vehicle: ....................

- Registration number plate (if any): .........................................................

- Load of vehicle: ……………………………… (tons).

- Size of vehicle:…………………………………………….

+ Length: ………………… (m)

+ Width: ……………….. (m)

+ Height: …………………. (m)

- Type of crawler track (point or plain): .....................................................

- Width of crawler track of each side: ……………… (m)

- Distance between two outside edges of the crawler track: ………… (m)

- Routes of transport (State fully, the specific names of the sections, routes of road allowed to travel, the shifting positions): ………………………………………..

- Duration requesting for circulation: From …………………….. to .............