Who has the power to issue the permit for operation of overloaded vehicles in Vietnam from July 1, 2023? What are the procedures for issuance of permit for operation of overloaded vehicles in Vietnam?
From July 1, 2023, who has the power to issue the permit for operation of overloaded vehicles in Vietnam?
Pursuant to the provisions of Article 22 of Circular No. 46/2015/TT-BGTVT (amended by Clause 3, Article 10 of Circular No. 06/2023/TT-BGTVT) as follows:
Power to issue a vehicle operation permit
1. The Director of the Services of Transport, the Director of the Road Management Area are responsible for issuing the Permit for travelling on road nationwide.
2. The Director of the Vietnam Road Administration is responsible for the issuance of permits for vehicles serving National defense and security, energy works, disaster prevention and search and rescue.
According to current regulations, the power to issue a vehicle operation permit is as follows:
- Director of the Services of Transport and Director of Regional Road Management Unit are responsible for issuing the Permit for travelling on road nationwide.
- The Minister of Transport is responsible for the issuance of Permit for vehicles serving National defense and security, energy works, disaster prevention and search and rescue.
However, from July 1, 2023, the power to issue vehicle operation permits is as follows:
- The Director of the Services of Transport, the Director of the Road Management Area are responsible for issuing the Permit for travelling on road nationwide.
- The Director of the Vietnam Road Administration is responsible for the issuance of permits for vehicles serving National defense and security, energy works, disaster prevention and search and rescue.
Who has the power to issue the permit for operation of overloaded vehicles in Vietnam from July 1, 2023? What are the procedures for issuance of permit for operation of overloaded vehicles in Vietnam?
What are the procedures for issuance of the permit for operation of overloaded vehicles in Vietnam?
Pursuant to the provisions of Article 21 of Circular No. 46/2015/TT-BGTVT stipulating as follows:
Procedures for issuance of the Permit
1. Any organizations/individuals wishing to obtain a Permit shall submit 01 application directly or by post to a receiving authority.
2. The application shall include:
a) An application according to the form provided for in Appendix 1 and Appendix 2 of this Circular;
b) A copy of the Certificate of vehicle registration or the Temporary certificate of vehicle registration (applicable to lately received vehicles);
c) A copy of the Certificate of technical safety and environmental protection for road motor vehicles or a copy of the report on specifications of the vehicle (applicable to lately received vehicles – provide by the manufacturer);
d) Transport solution for cases subject to road inspection (if any), including information about the transport route; information about the transport vehicle; information about goods verified by their owner, including dimension parameters like the length, width and height (L x W x H – meter(s)); weight, image (if any); the transport contract or written transport appointment issued by the goods owner or the hirer.
3. Within 02 working days from the day on which the satisfactory application is received, depending on the inspection results, the competent authority specified in Article 22 of this Circular shall issue the Permit according to the form in Appendix 3 and Appendix 4 of this Circular. If the application is unsatisfactory, a written response shall be made containing explanation.
4. If an inspection of the road must be conducted to impose requirements for running on public roads or to make decision on road reinforcement, within 02 working days from the day on which the satisfactory application as prescribed in clause 2 of this Article is received, the competent authority in charge of issuing the Permit shall request the applicant to conduct inspection or road reinforcement.
The Permit shall be issued within 02 working from the day on which the report on the result of the inspection or road reinforcement is received from a qualified advisory organization, ensuring the traffic safety.
Thus, any organizations/individuals wishing to obtain a Permit for operation of overloaded vehicles in Vietnam shall submit 01 application directly or by post to a receiving authority.
Within 02 working days from the day on which the satisfactory application is received, depending on the inspection results, the competent authority shall issue the Permit.
If the application is unsatisfactory, a written response shall be made containing explanation.
What are the responsibilities of permit issuers?
Pursuant to Article 23 of Circular No. 46/2015/TT-BGTVT stipulating as follows:
Responsibilities of permit issuers
Permit issuers:
1. Must be legally responsible for issuing Permits to qualified applicants and in accordance with conditions of roads, vehicles and ensuring traffic safety.
2. Are entitled to revoke the Permit of any vehicle if its owner/driver/hirer commits violations against regulations specified on the Permit or if its owner/driver/hirer has not repaired the damage to the road traffic works its caused.
3. Take responsibility for providing guidance for any organizations/individuals wishing to transport to choose a suitable route, ensuring the safety of road traffic works and safety of vehicles.
4. Take responsibility for providing current conditions of road at the request of organizations/individuals or of relevant agencies.
5. Take responsibility for collecting and using the charges for issuance of Permit according to regulations of the Ministry of Finance.
Thus, the issuer of the permit for operation of overloaded vehicles must have the responsibilities according to the above provisions.
Circular No. 06/2023/TT-BGTVT takes effect from July 1, 2023
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