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 offorce majeureevents (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.  Inforce majeureevents 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.

Article 5.Provisions on foreign drivers and motor vehicles moving on the road in Vietnam

1. There must be a vehicle to lead foreign motor vehicles moving on the road in Vietnam. The leading vehicle may be an automobile or a motorcycle (if tourists drive motorcycles) arranged by the Vietnamese international travel enterprise and must bear the logo or carry a flag showing the logo of such enterprise.

2. Foreign drivers and motor vehicles shall operate along the route and within the duration in the Vietnamese territory as stated in the written approval of the Ministry of Transport.

3. When operating vehicles on the road, drivers shall strictly observe Vietnamese traffic rules and carry the following papers:

a/ The passport or a paper of passport substitution validity which remains valid for at least 6 months from the date of entry;

b/ The driver license suitable to the vehicle he/she drives;

c/  The certificate of technical safety and environmental protection inspection for motor vehicles (for automobiles);

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

dd/ The motor vehicle owner civil liability insurance certificate which is valid in Vietnam;

e/ The vehicle temporary import document.

Article 6.Handling of drivers of foreign motor vehicles

Drivers of foreign motor vehicles who violate the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting member shall be handled according to regulations.

Chapter IIII

RESPONSIBILITIES OF RELATED AGENCIES AND INTERNATIONAL TRAVEL ENTERPRISES

Article 7.Responsibilities of the Ministry of Transport

1. To guide related organizations and individuals to bring foreign motor vehicles to operate on the road in Vietnam according to regulations.

2. To organize approval for foreign motor vehicles to enter and operate on the road in Vietnam.

3. To coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance and the Ministry of Culture, Sports and Tourism in organizing and managing the entry and operation of foreign motor vehicles on the road in Vietnam.

4. To coordinate with provincial-level People’s Committees in managing, supervising and inspecting the operation of foreign motor vehicles on the road in Vietnam.

5. In special cases in order to ensure traffic order and safety and national security, to coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance and the Ministry of Culture, Sports and Tourism in making decision to disallow foreigners to bring motor vehicles to operate on the road in Vietnam.

Article 8.Responsibility of the Ministry of Culture, Sports and Tourism

To coordinate with the Ministry of Transport, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of National Defense and the Ministry of Finance in  organizing and managing the entry and operation of foreign motor vehicles on the road in Vietnam.

Article 9.Responsibility of the Ministry of Foreign Affairs

To coordinate with the Ministry of Transport, the Ministry of Public Security and the Ministry of Culture, Sports and Tourism in organizing and managing the entry and operation of foreign motor vehicles on the road in Vietnam.

Article 10.Responsibility of the Ministry of Finance

To assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of National Defense, in carrying out temporary import and re-export procedures for foreign motor vehicles operating on the road in Vietnam.

Article 11.Responsibilities of the Ministry of Public Security

1. To coordinate with the Ministry of National Defense and the Ministry of Finance in settling procedures for temporary import and re-export of foreign motor vehicles operating on the road in Vietnam.

2. To handle violations of this Decree and relevant laws.

Article 12.Responsibility of the Ministry of National Defense

To organize inspection and control of the entry and exit of and coordinate with the Ministry of Public Security and the Ministry of Finance in settling entry and exit procedures for foreign motor vehicles operating on the road in Vietnam.

Article 13.Responsibilities of provincial-level People’s Committees

1. To direct local functional agencies in managing and inspecting the entry and operation of foreign motor vehicles on the road in Vietnam in accordance with this Decree.

2. To notify the Ministry of Transport, the Ministry of Culture, Sports and Tourism and the Ministry of Foreign Affairs of incidents related to foreign vehicles and foreigners operating on the road in Vietnam.

Article 14.Responsibilities of international travel enterprises

1. To comply with regulations on entry and exit of people and vehicles.

2. To organize the moving of foreign motor vehicles to operate on the road in Vietnam and out of the Vietnamese territory according to regulations.

3. To assure security, order and safety during the operation of foreign motor vehicles on the road in Vietnam.

4. Within 10 days after completing the tourist program, to send report to the Ministry of Transport on the operation of foreign motor vehicles on the road in Vietnam.

5. To deal with expenses related to violations committed by drivers of foreign motor vehicles while moving on the road in Vietnam.

6. Inforce majeureevents specified in Clause 1, Article 3 of this Decree, to send reports to the Ministry of Transport on the reasons for vehicles to stay in Vietnam after the duration stated in the written approval of the Ministry of Transport.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 15.Effect

This Decree takes effect on December 25, 2013.

Article 16.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG