|
THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
------- |
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness ---------- |
|
No: 2901/2000/QD-BGTVT
|
Hanoi, September 29, 2000
|
DECISION
PROMULGATING LIST OF COMMUNICATIONS AND TRANSPORT LICENSES/PERMITS STIPULATED IN LAWS, ORDINANCES AND DECREES, WHICH ARE STILL EFFECTIVE
THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to Enterprises Law No.13/1999/QH10 of December 6, 1999;
Pursuant to the Government’s Decree No.03/2000/ND-CP of February 3, 2000 guiding the implementation of a number of articles of the Enterprises Law;
Pursuant to the Government’s Decree No.30/2000/ND-CP of August 11, 2000 on annulling a number of permits/licenses and converting some others into business conditions;
At the proposals of the director of the Legal Affairs- Transport Department and the heads of the relevant departments,
Pursuant to the Government’s Decree No.03/2000/ND-CP of February 3, 2000 guiding the implementation of a number of articles of the Enterprises Law;
Pursuant to the Government’s Decree No.30/2000/ND-CP of August 11, 2000 on annulling a number of permits/licenses and converting some others into business conditions;
At the proposals of the director of the Legal Affairs- Transport Department and the heads of the relevant departments,
DECIDES:
Article 1.- To promulgate communications and transport licenses/permits stipulated in laws, ordinances and decrees, which are still effective, and regulations on the procedures, conditions, agencies competent to grant licenses/permits as well as their durations strictly according to the List issued together with this Decision.
Article 2.- This Decision takes effect as from October 1st, 2000.
Article 3.- The director of the Ministry’s Office, the director of the Legal Affairs- Transport Depart-ment; the heads of the Vietnam Land Road Administration, Vietnam Inland Waterway Administration and Vietnam Registry; the directors of the provincial/municipal Transport and Communications Public Works Services and the heads of the relevant agencies and units shall have to implement this Decision.
|
|
FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER Pham The Minh |
LIST
OF COMMUNICATIONS AND TRANSPORT LICENSES/PERMITS ALREADY STIPULATED IN LAWS, ORDINANCES AND DECREES WHICH ARE STILL EFFECTIVE
(Issued together with Decision No. 2901/2000/QD-BGTVT of September 29, 2000 of the Minister of Communications and Transport)
(Issued together with Decision No. 2901/2000/QD-BGTVT of September 29, 2000 of the Minister of Communications and Transport)
|
|
|
Legal bases
|
|
|
|
|
|
|
No.
|
Names of licenses/ permits
|
Laws, ordinances, decrees (quoted regulations)
|
Legal documents issued by the Ministry of Communications and Transport (MoCT), including specific provisions on the procedures, conditions, agencies competent to grant licenses and licenses’ effective duration
|
Licensees
|
Licensing procedures and conditions
|
Licensers
|
Licenses effective duration
|
|
1
|
Driver- training licenses
|
The provisions of Clause 1, Article 31 of the Regulation issued together with the Government’s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety
|
The MoCT’s Decision No. 2597/1998/QD-BGTVT of October 19, 1998 promulgating the Regulation on management, training, examination and granting of driving licenses
|
Driver-training establishments set up by competent agencies, including driver-training schools and driver-training centers
|
According to the provisions of the MoCT’s Decision No. 2597/1998/QD- GTVT of October 19, 1998
|
MoCT
|
5 years for driver-training schools and 3 years for driver-training centers
|
|
2
|
Licenses for driving practice (accompanied with the "driving practice" board posted up in the front and at the rear of the vehicles
|
Provisions of Clause 1, Article 46 of the Government’s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety
|
The MoCT’s Decision No. 2597/1998/QD-GTVT of October 19, 1998 promulgating the Regulation on management, training, examination and granting of driving licenses
|
Motorized vehicles for driving-trainees
|
According to the provisions of the MoCT’s Decision No. 2597/1998/QD-GTVT of October 19, 1998
|
Vietnam Land Road Administration, provincial/ municipal Communications and Transport Services as well as Public Works Services
|
1 year
|
|
3
|
Licenses for technical safety expertise of motorized vehicles
|
Provisions of Article 18 of the Government’s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety
|
The MoCT’s Decision No. 214/1999/QD-BGTVT of January 23, 1999 issuing the branch standards: standards for motorized vehicle-registry stations with registration number 22TCN 226-99
|
Motorized vehicle- registry stations
|
According to the provisions of the MoCT’s Decision No. 214/1999/QD-BGTVT of January 23, 1999 issuing the branch standards: standards for motorized vehicle- registry stations with registration number 22TCN 226-99
|
Vietnam Registry, Center for management of equipment quality and motorized vehicles
|
1 year
|
|
4
|
Operation licenses for inland ports and wharves
|
Provisions of Article 37 of the Government’s Decree No. 40/CP of July 5, 1996 on ensuring inland waterway traffic order and safety; and Clause 3, Article 30 of the Government’s Decree No. 171/1999/ND-CP of December 7, 1999 detailing the implementation of the Ordinance on protection of traffic works regarding inland waterway traffic works
|
The MoCT’s Decision No. 2046/QD-PC of August 6, 1996 on the Regulation for management of inland ports and wharves; Decision No. 3089/1999/QD-BGTVT of December 30, 1999 amending and supplementing a number of articles of the Regulation for management of inland ports and wharves
|
Domestic and foreign organizations and individuals conducting business activities in the exploitation of inland ports and wharves
|
According to the provisions of the Regulation issued together with the MoCT’s Decision No. 2046/QD-PC of August 6, 1996 and Decision No. 3089/1999/QD-BGTVT of December 30, 1999 amending and supplementing a number of articles of the Regulation for management of inland ports and wharves
|
The directors of the centrally-run inland waterway management sections shall grant licenses to cargo wharves on the routes under their respective management; the directors of the provincial/municipal Communications and Transport/Public Works Services shall announce and grant licenses to cargo and passenger ports and wharves on rivers and canals in localities
|
12 months for operation licenses of inland wharves
|
|
5
|
Special circulation permits (2 types: one for oversized and over-loaded vehicles and another for super-long and super-weight vehicles)
|
Provisions of Clause 1, Article 19 of the Government’s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety
|
The MoCT’s Circular No. 112/1998/TT-BGTVT of April 29, 1998 guiding the management and granting of special circulation permits for over-loaded and oversized vehicles as well as caterpillars on land roads
|
Oversized and over-loaded as well as super-long and super-weight motorized vehicles and caterpillars
|
According to the provisions of the MoCT’s Circular No. 112/1998/TT-BGTVT of April 29, 1998
|
- The directors of land road managing agencies shall grant permits for circulation of oversized and over-loaded vehicles throughout the country; the directors of the provincial/municipal Communications and Transport/Public Works Services shall grant permits for their circulation in the provinces and cities
|
- For oversized and over-loaded vehicles, the permits’ duration shall be requested by the vehicles’ owners, which, however shall not exceed 90 days
- For super-long and super-weight vehicles as well as caterpillars, the permits’ duration shall depend on each cargo transportation which, in special cases, may be 30 days at most
|
|
6
|
Licenses for construction of land road- related works
|
Provisions of the Ordinance on protection of traffic works and the Government’s Decree No. 172/1999/ND-CP of December 7, 1999 guiding the implementation of the Ordinance on protection of traffic works regarding land road traffic works
|
The MoCT’s Decision No. 2923/QD-DB of November 2, 1996 on licensing the construction of land road- related works
|
Owners of land road traffic works
|
According to the provisions of the MoCT’s Decision No. 2923/QD-DB of November 2, 1996 on licensing the construction of land road-related works
|
The Vietnam Land Road Administration shall grant licenses to group A- B- and C- projects;
- The land road managing agencies, provincial/municipal Communications and Transport/Public Works Services shall grant licenses to the works for which the project elaboration is not required;
- The provincial/municipal Communications and Transport/Public Works Services shall grant licenses for construction of the locally-run roads
|
- The licenses’ durations shall correspond to the works’ construction durations already approved by the competent authorities
|