Decree No. 152/2013/ND-CP of November 4, 2013, on management of motor vehicles brought into Vietnam by foreign tourists

 THE GOVERNMENT

Decree No. 152/2013/ND-CP of November 4, 2013, on management of motor vehicles brought into Vietnam by foreign tourists

Pursuant to the December 25, 2001 Law on Organization of the Government;

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

Pursuant to the June 14, 2005 Law on Tourism;

Pursuant to the November 29, 2005 Law on Enterprises;

At the proposal of the Minister of Transport,

The Government promulgates the Decree on management of motor vehicles brought into Vietnam by foreign tourists.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree regulates motor vehicles of foreigners registered overseas and operated by foreigners (below referred to as foreign motor vehicles) on the road in Vietnam for tourist purposes; and responsibilities of related organizations and individuals.

Article 2. Subjects of application

1. This Decree applies to Vietnamese and foreign organizations and individuals related to foreign motor vehicles moving on the road in Vietnam for tourist purposes.

2. Domestic and foreign organizations and individuals related to foreign motor vehicles moving on the road in Vietnam for tourist purposes shall comply with the provisions of this Decree and relevant legal documents. In case a treaty to which the Socialist Republic of Vietnam is a contracting member contains different provisions, such treaty prevails.

Chapter II

PROVISIONS ON FOREIGN MOTOR VEHICLES TO ENTER AND MOVE ON THE ROAD IN VIETNAM

Article 3. Conditions for foreign motor vehicles to enter and move on the road in Vietnam

1. A Vietnamese international travel enterprise carries out procedures to request approval and organizes implementation. The permitted duration of moving on the road in Vietnam is 30 days at the maximum. In case of force majeure events (natural disaster, traffic accident, vehicle damage irreparable in Vietnam), vehicles may be kept in Vietnam for no more than 10 additional days.

2. The Ministry of Transport grants a written approval.

3. Conditions on vehicles:

a/ Being a left-hand drive passenger car with 9 seats or fewer or a motorcycle;

b/ Being owned by a foreign organization or individual, registered overseas and having a foreign number plate;

c/ Having a valid vehicle registration paper granted by a competent authority of the country where the vehicle is registered;

d/ Having a certificate of technical safety and environmental protection inspection for motor vehicles granted by a competent authority of the country where the vehicle is registered (for automobiles).

4. Conditions on drivers:

a/ Being a foreign citizen;

b/ Possessing a passport or a paper of passport substitution validity which remains valid for at least 6 months from the date of entry and a visa (except cases of visa exemption) suitable to the time of stay in Vietnam;

c/ Possessing a driver license suitable to the vehicle he/she drives.

Article 4. Sequence and procedures for approval for foreign motor vehicles to enter and operate on the road in Vietnam

1. A Vietnamese international travel enterprise shall send to the Ministry of Transport 1 dossier set comprising the following documents:

a/ A written request for approval for organizing a tour involving foreign tourists who bring along motor vehicles to operate on the road in Vietnam, specifying the number of vehicles, number of tourists, dates and border gates of entry and exit, and the route in the tourist program;

b/ Copies of the documents stated at Points c and d, Clause 3, and Points b and c, Clause 4, Article 4 of this Decree;

c/ A list of vehicle drivers and a list of vehicles and their number plates, paint colors, frame and engine numbers (the international travel enterprise shall sign and append its seal and take responsibility for the accuracy of information in these lists);

d/ A copy of the international travel business license granted by the Ministry of Culture, Sports and Tourism.

2. Within 5 working days after receiving a complete and valid dossier prescribed in Clause 1 of this Article, the Ministry of Transport shall grant a written approval for foreign motor vehicles to operate on the road in Vietnam. This written approval must be sent to the Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Border Guard Command, and People’s Committees of related provinces and centrally run cities for coordinated management. In case of disapproval, within 5 working days the Ministry of Transport shall issue a written reply clearly stating the reason.

3. The written approval of the Ministry of Transport must specify the border gates of entry and exit, number of tourists, number of motor vehicles and their frame and engine numbers, paint colors, number plates and names of drivers, the route and duration of moving on the road in Vietnam.

4.  In force majeure events specified in Clause 1, Article 3 of this Decree, after receiving a report of the travel enterprise, the Ministry of Transport shall issue a written notice to the Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance and the Border Guard Command for coordinated management. 

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