Upcoming: Regulations on the issuance of permits for overloaded vehicles, vehicles with limited overload and tracked vehicles to circulate on roads in Vietnam will be revised and supplemented
Is it correct that regulations on the issuance of permits for overloaded vehicles, vehicles exceeding size limit of road and tracked vehicles to circulate on roads in Vietnam will be revised and supplemented? - Mr. Danh (Ha Noi).
Upcoming: Regulations on the issuance of permits for overloaded vehicles, vehicles with limited overload and tracked vehicles to circulate on roads in Vietnam will be revised and supplemented
The Vietnamese government has recently issued Decree 149/NĐ-CP in 2023 to issue the Government Action Program to implement Directive 23-CT/TW in 2023 of the Central Committee of the Communist Party of Vietnam on strengthening the Party's leadership of the traffic safety assurance work in the new situation.
As prescribed in the Action Program to implement Directive 23-CT/TW in 2023, in order to improve the legal system, promote decentralization, clarify responsibilities in state management of transportation, the Government assigns the Ministry of Transport to focus on implementing the following tasks:
- Preside over the completion of the draft Road Law for the Government to submit to the National Assembly at the 6th session of the 15th National Assembly, to be passed at the 7th session;
- Coordinate with relevant units to review, study and supplement and improve the legal policy on investment, management, and traffic organization for roads in the rural road system, in order to ensure adequate legal basis for the construction, management, and ensuring traffic order and safety on rural roads;
- Amend and supplement regulations on the issuance of permits for overloaded vehicles, vehicles with limited overload and tracked vehicles to circulate on roads; including:
Specify the responsibilities of vehicle owners, drivers and licensing agencies, road management agencies in announcing road load and size limits, responsibilities for providing information for licensing, and ensuring traffic order and safety when participating in traffic after being licensed;
- Improve the legal policy on decentralization and delegation in road transport and training, testing, and issuing driver's licenses.
Which agency has the authority to issue a Vehicle Operation Permit in Vietnam?
Article 22 of Circular 46/2015/TT-BGTVT (amended by Clause 3, Article 10 of Circular 06/2023/TT-BGTV) stipulates the authority to issue a Vehicle Operation Permit as follows:
Authority to issue a Vehicle Operation Permit
1. The Director of the Department of Transport or the Director of the Regional Road Management Board issues a Vehicle Operation Permit on the entire road network in Vietnam.
2. In special cases serving national security, defense, energy projects, disaster prevention, and search and rescue, the Director General of the Vietnam Highways Administration decides.
Therefore, depending on the case, there will be 02 agencies with the authority to issue a vehicle operation permit, including:
- The Director of the Department of Transport or the Director of the Regional Road Management Board;
- The Director General of the Vietnam Highways Administration.
In special cases serving national security, defense, energy projects, disaster prevention, and search and rescue, the Director General of the Vietnam Highways Administration decides.
What are cases of issuance of Road Vehicle Operation Permit in Vietnam?
Clause 1 Article 20 of Circular 46/2015/TT-BGTVT stipulates that Vehicle Operation Permit shall be issued for overloaded vehicles, vehicles exceeding size limit of road, tracked vehicles, and vehicles transporting ultra-long, super-heavy loads on roads as follows:
General regulations on the issuance of Vehicle Operation Permits for overloaded vehicles, vehicles exceeding size limit of road, tracked vehicles, and vehicles transporting ultra-long, super-heavy loads on roads
1. A Vehicle Operation Permit is only issued for overloaded vehicles, vehicles with limited overload, tracked vehicles, and vehicles transporting ultra-long, super-heavy loads (hereinafter referred to as Vehicle Operation Permits) on roads in special cases, when there are no other transportation options or other suitable types of motor vehicles cannot be used for transportation on roads.
2. The authority issuing the Vehicle Operation Permit:
a) Chooses a reasonable route based on ensuring traffic safety and safety for road works;
b) Does not issue a Vehicle Operation Permit in the case of carrying goods exceeding the weight of goods transported according to the design of the manufacturer or exceeding the weight of goods allowed for the vehicle after the approved renovation design has been recorded on the Certificate of Technical Safety and Environmental Protection of the vehicle;
c) When allowing to operate on the highway, it must specify specific safety conditions when participating in traffic such as speed, lane of travel and time allowed to operate in the Vehicle Operation Permit.
...
Therefore, a Vehicle Operation Permit is only issued on roads in the following cases:
- There are no other transportation options;
- Other suitable types of motor vehicles cannot be used for transportation on roads.
Best regards!
