Phụ lục: Thông tư 35/2023/TT-BGTVT

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 46/2015/TT-BGTVT DATED SEPTEMBER 7, 2015 OF THE MINISTER OF TRANSPORT ON LOAD CAPACITIES AND DIMENSIONAL LIMITS OF ROADS; OPERATION OF OVERLOAD VEHICLES, OVERDIMENSION VEHICLES AND TRACKED VEHICLES ON PUBLIC ROADS; TRANSPORT OF OVERSIZE/OVERWEIGHT LOAD; LIMITS ON AMOUNT OF GOODS LOADED ONTO ROAD VEHICLES RUNNING ON PUBLIC ROADS

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

Pursuant to Decree No. 56/2022/ND-CP dated December 24, 2022 of the Government on functions, tasks, powers, and organizational structures of Ministry of Transport;

At request of Director of Transport Infrastructure Department and Director of Directorate for Road of Vietnam,

The Minister of Transport promulgates Circular on amendments to Circular No. 46/2015/TT-BGTVT dated September 7, 2015 of the Minister of Transport on load capacities and dimensional limits of roads; operation of overload vehicles, overdimension vehicles and tracked vehicles on public roads; transport of oversize/overweight load; limits on amount of goods loaded onto road vehicles running on public roads.

Article 1. Amendment to Circular No. 46/2015/TT-BGTVT dated September 7, 2015 of the Minister of Transport on load capacities and dimensional limits of roads; operation of overload vehicles, overdimension vehicles and tracked vehicles on public roads; transport of oversize/overweight load; limits on amount of goods loaded onto road vehicles running on public roads (hereinafter referred to as “Circular No. 46/2015/TT-BGTVT”) and Circular No. 06/2023/TT-BGTVT dated May 12, 2023 of the Minister of Transport on amendments to Circulars relating to road management, operation, use, maintenance, and protection (hereinafter referred to as “Circular No. 06/2023/TT-BGTVT”)

1. Amendment to Clause 1 Article 3 and addition of Clause 10, Clause 11, Clause 12 to Article 3:

a) Amend Clause 1 Article 3:

“1. Gross vehicle weight (GVW) of vehicle includes: weight of the vehicle plus weight of specialized equipment assisting transport of oversize load fitted to vehicle in accordance with manufacturers’ instructions (if any) plus weight of passengers, luggage, and cargoes (including containers; equipment for anchoring, fastening goods) on the vehicle (if any).”;

b) Insert Clause 10 to Article 3 as follows:

“10. Departments of Transport include Departments of Transport, Departments of Transport - Construction of provinces and central-affiliated cities.”;

c) Insert Clause 11 to Article 3 as follows:

“11. Enterprises implementing construction investment and managing road structure operation refer to enterprises of public-private partnership (PPP) projects and enterprises selected by the Government for construction, management, operation of road structures.”;

d) Insert Clause 12 to Article 3 as follows:

“12. Whole order means a package with security seal issued by customs authority, national defense and security authority intact or a construction element or CBU equipment, instruments, machinery.”.

2. Amend Clause 2 and Clause 3 Article 4:

a) Amend Clause 2 Article 4:

“2. Bearing capability of bridges shall be determined by design dossiers and actual technical conditions of the bridge, published by competent authority or depicted by any of road signs:

a) Sign that reads “Hạn chế trọng tải toàn bộ xe” (Kerb weight limit);

b) Sign that reads “Loại xe hạn chế qua cầu” (Restricted vehicle type for crossing bridges);

c) Sign that reads “Tải trọng trục hạn chế qua cầu” (Restricted axle load for crossing bridges).”;

b) Amend Clause 3 Article 4:

“3. Bearing capability of roads shall be determined by design dossiers and actual technical conditions of roads, published by competent authority or depicted by sign that reads “Hạn chế tải trọng trên trục xe” (Limited axle load) in accordance with road signs.”.

3. Amend Clause 2 and Clause 3 Article 5:

a) Amend Clause 2 Article 5:

“2. Height limits of roads shall be 4,75 m in case of expressway, class I, class II, and class III roads, 4,5 m in case of class IV or lower roads or depicted by sign that reads “Hạn chế chiều cao” (Height limit) in accordance with road sign laws.”;

b) Amend Clause 3 Article 5:

“3. Width limits of roads shall be width of a lane in which vehicles and cargoes thereon can safely move and dependent on technical level of roads and topography of the road.”.

4. Amend Article 6 (amended by Clause 1 Article 10 of Circular No.06/2023/TT-BGTVT):

“Article 6. Declaration of load, dimensional limits of roads, and technical conditions of level crossings

1. Directorate for Road of Vietnam shall be responsible for declaring load and dimensional limits of national highway (other than situations under Clause 2 and Clause 4 of this Article); updating load and dimensional limits of roads, technical conditions of level crossings on a nationwide level provided by competent agencies and individuals under Clause 2, Clause 3, and Clause 4 of this Article via websites of the Directorate for Road of Vietnam.

2. Viet Nam Expressway Authority shall be responsible for declaring load and dimensional limits of expressways under their management on their websites; sending data to Directorate for Road of Vietnam for update on websites of the Directorate for Road of Vietnam.

3. Vietnam Railway Administration shall be responsible for declaring technical conditions of level crossings of Vietnamese railway network on their website; sending data to the Directorate for Road of Vietnam for update on websites of the Directorate for Road of Vietnam.

4. Chairpersons of People’s Committees of provinces shall declare load and dimensional limits of local roads (including road projects invested via public-private partnerships on national highways under management of People‘s Committees of provinces) on their websites. When Chairpersons of People’s Committees of provinces declare load and dimensional limits of roads within their competence, Departments of Transport (affiliated to the People’s Committees of provinces) shall send data to Directorate for Road of Vietnam for update on websites of the Directorate for Road of Vietnam.

5. Competent agencies and individuals under Clause 1, Clause 2, and Clause 4 of this Article shall publish load and dimensional limits using form under Appendix 7 hereof.”.

5. Amend Article 7 (amended by Clause 2 Article 10 of Circular No.06/2023/TT-BGTVT):

“Article 7. Adjustment to declaration of load, dimensional limits of roads, and technical conditions of level crossings

1. Directorate for Road of Vietnam shall be responsible for updating load, dimensional limits of roads and technical conditions of level crossings on a nationwide scale on their websites on an annual basis (before March 20 of each year). In case of irregular change to load and/or dimensional limits of roads, the Directorate for Road of Vietnam shall be responsible for updating information on their websites within 5 working days from the date on which they receive reports sent by Road Management Zone and agencies under Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

2. Viet Nam Expressway Authority shall be responsible for updating load and dimensional limits of expressways under their management on their website and sending data to the Directorate for Road of Vietnam for update on websites of Directorate for Road of Vietnam on an annual basis (before March 15 of each year) and on an irregular basis within 5 working days from the date on which changes to load, dimensional limits of roads are made because: bridges, roads are damaged, degraded or repaired, renovated, upgraded, and commissioned for use.

3. The Vietnam Railway Administration shall be responsible for updating technical conditions of level crossings of Vietnamese railway on their websites and sending data to Directorate for Road of Vietnam in order to update on websites of Directorate for Road of Vietnam on an annual basis (before March 15 of each year) and on an irregular basis within 5 working days from the date on which changes to technical conditions of railway are made because: level crossings are damaged, degraded or repaired, renovated, upgraded, and commissioned for use.

4. When Chairpersons of People’s Committees of provinces declare load, dimensional limits of roads within their competence, Departments of Transport (affiliated with People’s Committees of provinces) shall be responsible for updating load, dimensional limits of roads under local government management (including road projects invested via public-private partnerships on national highways under management of People's Committees of provinces) on websites of Departments of Transport; sending data to Directorate for Road of Vietnam on an annual basis (before March 15 of each year) and on an irregular basis within 5 working days from the date on which changes to load, dimensional limits of roads are made because: level crossings are damaged, degraded or repaired, renovated, upgraded, and commissioned for use.

5. Enterprises implementing construction investment and managing road structure operation shall be responsible for updating load, dimensional limits of roads under their management; sending data to Departments of Transport (for roads under local government management, including road projects invested via public-private partnerships on national highways under management of People’s Committees of provinces), Directorate for Road of Vietnam (for national highways), Viet Nam Expressway Authority (for expressways under their management) to declare (within their powers), update on websites of Departments of Transport, Directorate for Road of Vietnam, and Viet Nam Expressway Authority on an annual basis (before March 10 of each year) and on an irregular basis within 5 working days from the date on which changes to load, dimensional limits of roads are made because: bridges, roads are damaged, degraded, or repaired, renovated, and commissioned for use.

6. Bridges on roads that have been published without having been renovated or upgraded in accordance with declared load, dimensional limits of roads, road authorities shall erect signs indicating actual load, dimensional limits of the bridges.”.

6. Amend Clause 3 Article 8:

“3. If transport of nondivisible load or operation of vehicles whose GVW or external dimensions exceed load, dimensional limits of roads, vehicle owners, transport service buyers, or vehicle operators shall prepare transport solutions and request competent authority to issue License to operate vehicles before using the vehicles for road traffic.”.

7. Amend Article 9:

“Article 9. Regulations on road operation of overdimension/overload vehicles

1. Vehicles exceeding load capacity of roads (hereinafter referred to as “overload vehicles”) mean road motorized vehicles that:

a) have gross vehicle weight (GVW) exceeding values specified on the sign that reads “hạn chế trọng tải toàn bộ xe” (Gross weight limit) or sign that reads “Loại xe hạn chế qua cầu” (Restricted vehicle types for crossing bridges) where either of these signs is erected; or

b) have gross vehicle weight (GVW) exceeding gross weight specified under Article 17 hereof where none of the signs under Point a of this Clause is erected; or

c) have axle load exceeding values specified on a sign that reads “Hạn chế tải trọng trên trục xe” (Axle load limit) or sign that reads “Tải trọng trục hạn chế qua cầu” (Restricted axle load for crossing bridge) where either of these signs is erected; or

d) have axle load exceeding load specified in Article 16 hereof where none of the signs under Point c of this Clause is erected.

2. Vehicles exceeding dimensional limits of roads (hereinafter referred to as “overdimension vehicles”) refer to motorized vehicles whose external dimensions, including those of cargoes thereof (if any) that:

a) have length exceed the value specified on a sign that reads “Hạn chế chiều dài xe” (Length restriction) or sign that reads “Hạn chế chiều dài xe cơ giới kéo theo rơ-moóc hoặc sơ-mi- rơ-moóc” (Length restriction of motor vehicles towing trailers or semi-trailers) where either of these signs is erected; or

b) have length exceeding 20 meters or 1,1 times overall length of the vehicles where none of the signs specified in Point a of this Clause is erected; or

c) have width exceeding values specified on a sign that reads “Hạn chế chiều ngang xe” (Width limit) where this sign is erected; or

d) have width exceeding 2,5 meters where the sign specified under Point c of this Clause is not erected; or

dd) have height from road surface exceeding values specified on a sign that reads “Hạn chế chiều cao” (Height limit) where this sign is erected; or

e) have height from road surface exceeding 4,2 meters or 4,35 meters in case of container trucks where the sign specified under Point dd of this Clause is not erected.

3. Heavy-duty vehicles whose gross weight or axle load falls under any of the circumstances specified under Clause 1 of this Article or whose external dimensions fall under any of the circumstances under Clause 2 of this Article shall be considered overdimension/overload vehicles for the purpose of road traffic.”.

8. Amend Article 11:

a) Add Point c to Clause 2 Article 11:

“c) Assisting personnel and vehicles shall be provided to maintain traffic safety when travelling through road structures that require fortification, roads with obstructed visibility, two-lane two-way roads or single-lane one-way roads where other vehicles cannot overtake with ease;”;

b) Add Point d to Clause 2 Article 11:

“d) Goods loaded on vehicles shall be secured, fastened firmly or in accordance with manufacturer’s instructions in order to maintain road traffic safety.”;

c) Amend Clause 3 Article 11:

“3. Vehicles transporting cargoes exceeding maximum permissible cargo load according to certificate of technical inspection and environmental protection of the vehicles.”;

d) Add Clause 4 to Article 11:

“4. Operation of vehicles carrying at least 2 whole orders shall conform to Clause 1, Clause 2, and Clause 3 of this Article and satisfy requirements below:

a) Cargoes are nondivisible load whose either dimensions is qualified as oversize cargoes, loaded nondivisible load where total length of vehicles (including length of cargoes) exceeds 1,1 times overall length of the vehicles, automobiles, heavy-duty vehicles;

b) Total weight and axle load do not exceed load capacity of roads;

c) If 2 or more whole orders are stacked in tiers, stacking height shall conform to Article 18 hereof.

d) If 2 or more whole orders are arranged along the length of cargo space, the cargoes shall not exceed the length of cargo space and not exceed 20 meters (from the front of the vehicles to the rearmost point of the cargoes);

dd) If 2 or more whole orders are arranged perpendicular to the length of cargo space, the cargoes shall not exceed the width of cargo space and total width of cargoes shall not exceed 2,5 meters.".

9. Amend Article 14:

a) Amend Clause 1 Article 14:

“1. Organizations and individuals wishing to operate vehicles transporting oversize/overweight cargoes shall rely on type of cargoes and itinerary to choose routes, means of transport (including specialized equipment assisting transportation of oversize/overweigh cargoes fitted to the vehicles in accordance with manufacturers’ instructions), and appropriate arrangement solutions in order to maintain traffic safety and road structure safety. The operation of vehicles carrying oversize/overweight cargoes on roads shall conform to Article 11 hereof.” ;

b) Amend Clause 2 Article 14:

“2. Organizations and individuals owning vehicles, providing transport services, buying transport services, or operating vehicles issued with license to operate vehicles carrying oversize/overweigh load on roads shall:

a) conform to conditions specified under the license; and

b) develop warning and traffic safety assurance measures, comply with instructions of traffic safety assistants (if any); and

c) only carry one overweight whole order.”;

c) Amend Clause 3 Article 14:

“3. Situations where traffic safety assistants or vehicles are required:

a) Either external dimension of a vehicle, including those of loaded cargoes exceeds 3,5 m in width or 25 m in length;

b) The vehicle travels through road structures that require fortification, roads with obstructed visibility, two-lane two-way roads or single-lane one-way roads where other vehicles cannot overtake with ease;

c) The vehicle operates on damaged, degraded roads or in case of force majeure.”;

d) Add Clause 5 to Article 14:

“5. If roads do not facilitate safe operation of vehicles carrying oversize/overweight cargoes, organizations and individuals wishing to operate vehicles carrying overdimension/overload vehicles shall reinforce roads, commence inspection, commissioning, and produce reports on road reinforcement results before bringing into use.”.

10. Amend Clause 1, Point a Clause 2, Clause 3, Point a and Point b Clause 4 Article 20:

a) Amend Clause 1 Article 20:

“1. License to operate overload vehicles, overdimension vehicles, tracked vehicles, vehicles carrying oversize/overload cargoes (hereinafter referred to as “license to operate vehicles”) shall only be issued if individuals owning vehicles, buying transport services, or operating vehicles have researched, surveyed, and submitted written request which states that no other possible transport solutions (including: maritime, airway, railway, inland waterway) are feasible or no other road vehicle are appropriate for road transport.”;

b) Amend Point a Clause 2 Article 20:

“a) Choose routes and roads reasonably in order to ensure traffic safety and general safety of road structures; only issue license to operate vehicles on specific routes and either one-way or two-way travel for each trip or series of trips (in case of transportation in series of trips with similar overall dimensions, gross weight, and axle load on the same road);”;

c) Amend Clause 3 Article 20:

“3.In respect of situations where vehicle operation requires surveying, inspection, reinforcement of roads or vehicle operation affects road structure integrity, traffic safety system, toll booths, or other work items permitted for construction on land dedicated to roads, organizations and individuals requesting operation of the vehicles shall be responsible and incur all relevant charges. Competent authority shall only issue license to operate vehicles if requesting organizations and individuals have fulfilled all aforementioned tasks.”;

d) Amend Point a Clause 4 Article 20:

“a) In respect of overload vehicles, overdimension vehicles, vehicles carrying oversize/overweight cargoes that, during traffic participation, are not required to adhere to mandatory conditions such as driving in appropriate lanes, being accompanied by traffic safety assistants or vehicles, or implementing road reinforcement: effective period of license to operate these vehicles shall be up to 90 days in case of operation on roads that have been uniformly renovated and upgraded or up to 30 days in case of operation on roads that have not been uniformly renovated and upgraded;”;

dd) Amend Point b Clause 4 Article 20:

 “b) In respect of overload vehicles, overdimension vehicles, vehicles carrying oversize/overweight cargoes that, during traffic participation, are required to adhere to mandatory conditions such as driving in appropriate lanes, being accompanied by traffic safety assistants or vehicles, or implementing road reinforcement: effective period of license to operate these vehicles shall be up to 30 days;”.

11. Amend Clause 1, Point d Clause 2, Clause 3, Clause 4 Article 21:

a) Amend Clause 1 Article 21:

“Organizations and individuals requesting issuance of license to operate vehicles shall submit written request directly or via post service or online to competent authority under Article 22 hereof.”;

b) Amend Point d Clause 2 Article 21:

“d) Transport solutions consist of: information on transport routes; information on transport vehicles; information on cargoes verified by cargo owners, including parameters regarding length, width, and height (D x R x C) (length x width x height) in meters; weight, images (if any); transport contracts or documents designating transport service providers of cargo owners or transport service buyers; reports on survey results (if surveying is required); reports on road reinforcement results (if road reinforcement is required).”;

c) Amend Clause 3 Article 21:

“3. Competent authority shall inspect composition, review written request within 2 working days from the date on which they receive the request (including cases where surveying or reinforcement is required).

a) If the request is inadequate, competent authority shall, within 1 working day from the date on which they finish inspecting the written request, notify and provide written instruction to enable requesting organizations and individuals to complete the request;

If the request is adequate, competent authority shall, within 1 working day from the date on which they finish inspecting the written request, issue license to operate vehicles using form under Appendix 3, Appendix 4 hereof or inform requesting organizations and individuals of reasons for rejection in writing.”;

d) Amend Clause 4 Article 21:

“4. In respect of roads and routes that have been surveyed or reinforced, competent authority under Article 22 hereof are allowed to use reports on surveying results (if surveying is required) or reports on road reinforcement results (if road reinforcement is required) within 6 months from the date on which respective reports are produced for the purpose of issuing license to operate vehicles to overload vehicles, overdimension vehicles, vehicles carrying oversize/overweight cargoes whose specifications (including: external dimensions, gross weight, and axle load) are equal to or lower than those of vehicles to which license to operate is previously issued for operation on the same roads, routes.”.

12. Amend Article 22 (amended by Clause 3 Article 10 of Circular No.06/2023/TT-BGTVT):

“Article 22. Entitlement to issue license to operate vehicles

1. Other than situations defined under Point c Clause 2 and Clause 3 of this Article, Departments of Transport shall issue license to operate overdimension vehicles, overload vehicles, vehicles carrying oversize/overweight cargoes, and tracked vehicles on nationwide roads when:

a) Business registration address or operation address of organizations and individuals requesting issuance of license to operate is in the same province as respective Departments of Transport;

b) Vehicles or transported cargoes depart from or arrive at the same province as respective Departments of Transport.

2. Other than situations defined under Clause 3 of this Article, Road Management Zones shall issue license to operate overdimension vehicles, overload vehicles, vehicles carrying oversize/overweight cargoes, and tracked vehicles on nationwide roads when:

a) Business registration address or operation address of organizations and individuals requesting issuance of license to operate is in the same province as respective Road Management Zones;

b) Vehicles or transported cargoes depart from or arrive at the same province as respective Road Management Zones.

c) Such transportation serves national security and defense, natural disaster preparedness and protection, search and rescue, structures of national importance, energy structures where point of departure and destination of the vehicles or transported cargoes are in the same jurisdiction of Road Management Zones.

3. Directorate for Road of Vietnam shall issue license to operate overdimension vehicles, overload vehicles, vehicles carrying oversize/overweight cargoes, and tracked vehicles on nationwide roads for the purpose of national security and defense, natural disaster preparedness and protection, search and rescue, structures of national importance, energy structures where both point of departure and destinations of vehicles or transported cargoes are not in the same jurisdiction of a Road Management Zone.

4. Departments of Transport and Road Management Zones shall, upon issuing license to operate in accordance with Clause 1 and Clause 2 of this Article, notify relevant Departments of Transport and Road Management Zones (governing areas where business registration address or operation address of license holders is located; governing areas where vehicles or transported cargoes depart from or arrive at).”.

Article 2. Amendments, replacement of phrases, Appendices attached to Circular No. 46/2015/TT-BGTVT

1. Replace the phrase “có một trong các kích thước bao ngoài” (with either external dimensions) with the phrase “có ít nhất một trong các kích thước bao ngoài” (with at least one external dimension) in the title of Clause 1 Article 12.

2. Replace the phrase “Xe chuyên dùng và xe chở container” (Vehicles specializing in container transport) with the phrase “Xe chở container” (Container trucks) in Clause 3 Article 18.

3. Replace Appendix 1, Appendix 2, Appendix 3, Appendix 4, Appendix 5A, Appendix 5B, Appendix 5C and Appendix 6 attached to Circular No. 46/2015/TT-BGTVT with Appendix I, Appendix II, Appendix III, Appendix IV, Appendix V, Appendix VI, Appendix VII and Appendix VIII under this Circular respectively.

4. Add Appendix 7 to Circular No. 46/2015/TT-BGTVT in form of Appendix XI attached hereto.

Article 3. Transition clause

1. Written request for issuance of license to operate vehicles submitted and approved by competent authority before the effective date hereof shall conform to Circular No. 46/2015/TT-BGTVT and Circular No. 06/2023/TT-BGTVT.

2. License to operate vehicles issued before the effective date hereof shall remain valid for the remainder effective period.

Article 4. Implementation

1. This Circular comes into force from February 1, 2024.

2. Chief of Ministry Office, Chief Ministry Inspectorate, directors of central departments, Director of Directorate for Road of Vietnam, Director of Viet Nam Expressway Authority, Director of Vietnam Register, Director of Vietnam Railway Administration, Directors of Departments of Transport - Construction, Directors of Departments of Transport of provinces and central-affiliated cities, heads of relevant agencies, organizations and individuals shall be responsible for the implementation of this Circular./.

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