On December 13, 2023, the Ministry of Transport issued Circular No. 35/2023/TT-BGTVT ("Circular 35"), amending and supplementing certain provisions of Circular No. 46/2015/TT-BGTVT regarding road load capacity and dimensional limits, the operation of overloaded vehicles, oversized vehicles, and tracked vehicles on roads, as well as the transportation of oversized and overweight goods and restrictions on cargo stacking on-road vehicles participating in road traffic and Circular No. 37/2023/TT-BGTVT ("Circular 37") was issued, focusing on the management of cross-border road transport operations.
Here are some noteworthy points related to the road sector mentioned in the two Circulars.
1. Circular 35 clarifies and adjusts certain content related to the issuance of Road traffic permits for vehicles
a. Conditions for issuing Road traffic permits for vehicles
Firstly, the road traffic permit for overloaded vehicles, oversized vehicles, tracked vehicles, and vehicles transporting oversized or overweight goods (hereinafter referred to as the "Road traffic permit") on the road shall only be issued when the vehicle owner, transport service lessee, or the person controlling the vehicle ("Applicant") simultaneously satisfies the following conditions:
- Conducted research and surveys.
- Submitted a request specifying the reasons for the unavailability of any other transportation alternatives (including maritime, aviation, railway, and inland waterway) or the inability to use other suitable types of road motor vehicles for transportation on the road.
Compared to previous regulations, the licensing requirements now specify that the applicant must ensure they have conducted research, surveys, and provided written clarification on the transportation plan. This additional provision aims to bind the responsibilities of the applicant and minimize the use of road transportation plans for overloaded cases, preventing adverse effects on road infrastructure.
Secondly, the road traffic permit is now only issued for specific routes, specific road segments, and in one or both directions, from the origin to the destination and vice versa for each transport trip or each transport batch (for cases of multiple trips with external dimensions, total weight, and equivalent axle load on the same road). This regulation is justified because road infrastructure and population density vary across different regions and locations. This helps ensure traffic safety and the safety of road structures when overloaded vehicles pass through those areas.
b. Authority for issuing Road traffic permits for vehicles on the road
Under the new regulations, the authority to issue road traffic permits for vehicles nationwide still rests with three entities: the Department of Transport, Road Management Zone, and the Vietnam Road Administration, as it was before. However, Circular 35 provides specific details on the scope of issuing Road traffic permits for each authorized agency, aiming to clearly define the rights and responsibilities of each agency in managing and granting permits to requesting organizations and individuals. Additionally, according to Circular 35, the Road Management Zone is also granted the authority to issue Road traffic permits in cases serving national security, defense, disaster prevention, search and rescue, national key projects, and energy projects. The locations of the vehicle's origin and destination for which the permit is requested must fall within the administrative jurisdiction of the Road Management Zone (previously, this authority was solely under the Vietnam Road Administration).
c. Increase the time for reviewing and processing applications for Road traffic permits
According to Circular 35, the minimum time required for the examination and resolution of applications for road traffic permits (including cases that require surveys or road reinforcement) is now 03 working days, an increase of 01 days compared to the previous regulations. This extension aims to enhance the management of permit issuance and tighten control over overloaded vehicles circulating on the road.
d. Change in the effective period of Road traffic permits
For overloaded vehicles, oversized vehicles, and vehicles transporting oversized or overweight goods when circulating without complying with mandatory conditions such as using designated lanes or having support personnel and vehicles to ensure traffic safety, or when road reinforcement is required for circulation on roads or road sections that have been renovated and upgraded: The validity period of the road traffic permit shall not exceed 90 days, an increase of 30 days compared to the previous regulations. For all other cases, the validity period remains unchanged and is not more than 30 days.
Circular 35 takes effect from February 1, 2024.
2. Circular 37 consolidates regulations related to cross-border road transport
To facilitate road transport connectivity between Vietnam and neighboring countries, regions, and globally, fostering international integration, the Ministry of Transport has recently issued a series of Circulars guiding the implementation of agreements and memoranda of understanding on road transport with neighboring countries or those within the ASEAN and Mekong Sub-region. The scattered regulations across multiple documents have led to difficulties in management and a lack of uniformity.
Therefore, to ensure unified and coordinated management, Circular 37 has been issued to consolidate existing documents and apply consistent regulations to cross-border road transport activities among countries in the region. The main contents of Circular 37 are as follows:
a. Documents required for vehicles and individuals in cross-border transportation:
a1. Mandatory general documents:
- For the transport vehicle:
- Vehicle registration certificate;
- Certificate of technical safety and environmental protection inspection;
- Certificate of third-party liability insurance for motor vehicle owners;
- Declaration form for temporary import - re-export or temporary export - re-import of road transport vehicles;
- Passenger list or cargo dispatch note/ Waybill for freight transport vehicles.
- For the driver and passengers:
Passport or international travel documents valid as a passport and visa, issued by the competent authority (except in cases where visa exemption is granted).
a2. Types of mandatory documents for each entity: Applied specifically to entities under each agreement that Vietnam has signed/participated in with other countries.
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Objects |
For means of transport |
For driver |
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Countries under the ASEAN Transport Facilitation Agreement |
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Domestic driver's licenses are recognized by the Parties under the Agreement on the Recognition of Domestic Driving Licenses signed by ASEAN Member States in Kuala on July 9, 1985.
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Countries within the framework of the GMS Agreement (Agreement to facilitate the movement of people and goods across borders between Greater Mekong Subregion countries) |
GMS Intermodal Permit and Temporary Vehicle Import Tracking Book (hereinafter referred to as TAD book). |
Driver's license, which the Parties have recognized in the GMS Agreement. At the time of entry, the driver's license must be valid for at least 02 months. |
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Countries within the framework of the Cambodia – Laos – Vietnam Road Transport Memorandum |
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Driver's license.
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China within the framework of the Vietnam-China Road Transport Agreement |
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Driver's license suitable for the type of vehicle driven.
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Laos within the framework of the Vietnam-Laos Road Transport Agreement |
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Cambodia within the framework of the Vietnam-Cambodia Road Transport Agreement |
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National driving license or international driving permit appropriate to the type of vehicle you drive. |
b. Clarify the reporting obligations of enterprises and cooperative businesses engaged in cross-border road transportation:
According to Circular 37, reporting the results of cross-border road transportation activities for passengers and cargo is conducted as follows:
- Entities responsible for reporting:
Enterprises and cooperative businesses engaged in road transportation between Vietnam and countries within the framework of the ASEAN Transport Agreement, the GMS Agreement, the Vietnam-China Road Transport Agreement, the Vietnam-Laos Road Transport Agreement, the Vietnam-Cambodia Road Transport Agreement, and the Memorandum of Understanding on Road Transport among Cambodia, Laos, and Vietnam.
- Receiving authority for reports:
Department of Transport or the Department of Transport - Construction where the enterprise or cooperative business registered its road transport business (the reporting authority has been changed from the Vietnam Road Administration to the Department of Transport).
- Reporting frequency: Biannual, every 6 months.
- Report submission deadline:
Before July 5th for the biannual report covering the first 6 months of the year, and before January 5th of the following year for the biannual report covering the last 6 months of the year.
Circular 37 is effective from March 1, 2024.
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