Chương V: Thông tư 37/2023/TT-BGTVT Quy định đối với hoạt động vận tải đường bộ giữa việt nam và trung quốc trong khuôn khổ hiệp định vận tải đường bộ việt nam - trung quốc

Chapter V

REGULATIONS FOR ROAD TRANSPORT OPERATIONS BETWEEN VIETNAM AND CHINA UNDER THE VIETNAM - CHINA ROAD TRANSPORT AGREEMENT

Article 16. Vehicle regulations

1. Vehicles types:

a) Road transport vehicles: trucks, trailers, tractors, semi-trailers for transporting goods, and passenger cars for transporting people and luggage (registered in a Contracting Party);

b) Official duty vehicles: vehicles used by governmental agencies, political parties, unions, and socio-political organizations at all levels for official travel.

2. Vehicle owners or managing authorities of official duty vehicles of one Contracting Party operating in the other Contracting Party must purchase compulsory third-party civil liability insurance from a local insurance company.

3. In addition to registration plates, all vehicles engaged in cross-border transport must display national identification marks of the countries where the vehicles are registered on the back of the vehicles. Identification marks are prominently displayed on the front and back. National identification marks for motor vehicles of each Contracting Party are as follows:

a) People's Republic of China:  CHN;

b) Socialist Republic of Vietnam: VN.

4. Operating scope of vehicles

a) Vehicles on scheduled passenger transport (on fixed routes) operate between the departure terminal and destination terminal in compliance with the scheduled passenger transport plan between Vietnam and China, which is notified by the transport route authority in Decree No. 119/2021/ND-CP dated December 24, 2021 of the Government on procedures for issuance, re-insurance, revocation of cross-border road transport limits;

b) Vehicles on non-scheduled passenger transport (under contract or tourist transport) operate between the approved pairs of border checkpoints and routes as specified in Articles 19 and 20 of this Circular;

c) Vehicles on goods transport operate between the approved border checkpoint pairs and routes listed in Articles 19 and 20 of this Circular.

d) Official duty vehicles of one Contracting Party may only operate along designated routes and border checkpoints in the other Contracting Party and comply with local regulations for imported vehicles.

5. All vehicles on passenger transport must possess and present, upon request, the following valid documents to competent authorities:

a) Transport license;

b) Vehicle registration certificate;

c) Certificate of technical safety and environmental protection inspection;

d) Passenger list for scheduled passenger transport (using form IV), or passenger list for non-scheduled passenger transport (using form V);

dd) Third-party liability insurance certificate of the motor vehicle owner;

e) Passenger transport contract (for vehicles on passenger transport under contract) or travel itinerary confirmed by the host country's travel company (for vehicles on tourist transport);

g) Relevant documents at the border checkpoint applicable to entry and exit vehicles.

6. All vehicles on goods transport must possess and present, upon request, the following valid documents to competent authorities:

a) Transport license;

b) Vehicle registration certificate;

c) Certificate of technical safety and environmental protection inspection;

d) Consignment note;

dd) Customs declaration for goods;

e) Third-party liability insurance certificate of the motor vehicle owner;

g) Relevant documents at the border checkpoint applicable to entry and exit vehicles.

7. Official duty vehicles must possess and present, upon request, the following valid documents to competent authorities:

a) Transport license;

b) Vehicle registration certificate;

c) Certificate of technical safety and environmental protection inspection;

d) Third-party liability insurance certificate of the motor vehicle owner;

dd) Relevant documents at the border checkpoint applicable to entry and exit vehicles.

8. Vehicles transporting dangerous goods or exceeding size and weight limits must obtain a special "Type D" permit from the other Contracting Party's authorized agency before operation.

9. Documents listed in Clauses 5, 6, 7 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 17. Regulations for drivers and vehicle attendants

1. When crossing the border, drivers must possess and present valid documents upon entry and exit, subject to inspection by border authorities. These documents include:

a) Passport or international travel document in lieu of passport and visa issued by a competent authority (except for visa exemption);

b) A valid driver's license appropriate for the type of vehicle being driven.

2. When crossing the border, vehicle attendants must carry passports or international travel documents in lieu of passports and visas issued by competent authorities (except for visa exemption) upon entry and exit, subject to inspection by border authorities. 

3. Documents listed in Clauses 1 and 2 of this Article must be printed in both the national language and the language of the Host Country, or alternatively, in both the national language and English. If a document is not printed in the language of the Host Country or English, it must be accompanied by an English translation certified or notarized by a competent authority.

Article 18. Transport authorities at border checkpoints

1. The transport authority at the border checkpoint is the Border checkpoint transport station established in accordance with the Vietnam-China Road Transport Agreement.

2. Responsibilities of the Border checkpoint transport station:

a) Verify transport licenses, national identification marks, and other transport-related documents for crossing vehicles; affix the Station's stamp on the transport license at the designated location on the license.  For transport licenses of types A and E issued to vehicles on scheduled passenger transport that are valid for multiple times a year, stamps are not required on these transport licenses;

b) Inspect vehicles transporting oversized, overweighed, and dangerous goods from Vietnam and China, maintaining order in the transport market at the border checkpoints;

c) Maintain statistics, updates, and reports on Vietnam-China road transport operations as required by competent authorities;

d) Cooperate with other border checkpoint authorities and perform other tasks as prescribed by law.

Article 19. List of approved pairs of border checkpoints

1. List of approved pairs of border checkpoints under the Vietnam-China Road Transport Agreement is specified in Appendix XI hereto.

2. Except for vehicles on tourist transport or passenger transport under contract, all other vehicles must enter and exit Vietnam at the same designated border checkpoint.

Article 20. List of approved routes 

List of approved pairs of border checkpoints under the Vietnam-China Road Transport Agreement is specified in Appendix XII hereto.