Circular 39/2024/TT-BGTVT circulation of oversized vehicles, overloaded vehicles and tracked vehicles on the road

CIRCULAR

Providing regulations on load-bearing capacity and size limits of roads; circulation of oversized vehicles, overloaded vehicles and tracked vehicles on the road; oversized and overweight cargoes, transportation of oversized and overweight cargoes; cargo loading onto road vehicles; grant of permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles and vehicles carrying oversized and overweight cargoes on the road

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Pursuant to the Law on Road dated June 27, 2024;

Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;

Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Directors of the Transport Infrastructure Department and the Department for Roads of Vietnam;

The Minister of Transport promulgates the Circular providing regulations on load-bearing capacity and size limits of roads; circulation of oversized vehicles, overloaded vehicles and tracked vehicles on the road; oversized and overweight cargoes, transportation of oversized and overweight cargoes; cargo loading onto road vehicles; grant of permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles and vehicles carrying oversized and overweight cargoes on the road.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides regulations on load-bearing capacity and size limits of roads; circulation of oversized vehicles, overloaded vehicles and tracked vehicles on the road; oversized and overweight cargoes, transportation of oversized and overweight cargoes; cargo loading onto road vehicles; grant of permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles and vehicles carrying oversized and overweight cargoes on the road.

Article 2. Subjects of application

This Circular applies to organizations or individuals related to the management and announcement of load-bearing capacity and size limits of roads; circulation of oversized vehicles, overloaded vehicles and tracked vehicles on the road, transportation of oversized and overweight cargoes; cargo loading onto road vehicles; grant of permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles and vehicles carrying oversized and overweight cargoes on the road.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Gross weight of vehicle consists the unladen weight of the vehicle plus the weight of specialized equipment installed or affixed to the vehicle in accordance with the manufacturer's guidelines for the purpose of facilitating the transport of oversized and overweight cargoes (if any), together with the weight of the people, luggage and cargoes (including containers and any equipment used for the supported, braced and tied of cargoes) loaded on the vehicle (if any).

2. Axle load means the gross weight of vehicle distributed on each axle or axle assembly.

3. Maximum allowable size of a road motor vehicle means the maximum permissible exterior dimensions in terms of height, width, and length of the vehicle traveling on the roads, including cargoes loaded on vehicles (if any).

4. Tracked vehicles mean special self-propelled motorbikes moving on tracked wheels, which may damage to the road surface and sidewalks.

5. Combination of vehicles means an automobile towing a trailer or a trailer truck towing a semi-trailer.

6. An undividable or non-disassembled cargo (hereinafter referred to as non-disassembled cargo) means goods in packages with intact lead clips and seals from customs, security, defense agencies, or a combination of components, equipment, and machinery that, if disassembled or divided, will damaged or changed in function.

7. A level crossing means a road section that intersects at the same level as a railway, and is permitted to be constructed and operated by a competent agency.

8. Road work construction and operation enterprise means a PPP project management enterprise and enterprise assigned by the State to invest in construction, manage and operate a road work.

9. A cargo unit refers a sealed consignment bearing the intact lead seal or official seal of customs, security, or national defense agencies, or a construction component, or a vehicle, equipment, or machinery in a complete unit.

10. Transport operator refers an organization or individual utilizing vehicles for the carriage of cargoes on the road.

11. Cargo handler means the organization or individual that loads cargoes onto road vehicles.

12. Cargo escort is an individual employed by the transportation charterer or the cargo owner to perform the task of escorting goods during the transportation on the road.

13. Transportation charterer means an organization or individual that hires a transport business unit to transport cargoes by road vehicles.

14. Bulk cargo means the ordinary cargo that is not packed in boxes, bags, or packages, and when transported, is directly contained in the cargo hold of a truck, special-purpose vehicle, special-purpose truck, special-purpose commercial trailer, special-purpose commercial semi-trailer, special-purpose trailer, or special-purpose semi-trailer.

15. Packaged cargo means the goods that are packaged in sacks, boxes, or bales for preservation and protection of the goods during transportation.

16. Cylindrical cargo refers the goods having a cylindrical or tubular shape that easily roll on a flat surface.

Chapter II
REGULATIONS ON LOAD-BEARING CAPACITY AND SIZE LIMITS OF ROADS

Article 4. Load-bearing capacity of roads

1. Load-bearing capacity of roads is defined in Clause 1 Article 27 of the Law on Roads.

2. The carrying capacity of roads includes:

a) The carrying capacity of road bridges shall be determined in accordance with the bridge design documentation and the actual technical condition of the road bridges, and announced by the competent agency in accordance with Articles 6 and 7 of this Circular;

b) The carrying capacity of roads shall be determined in accordance with the road surface design documentation and the actual technical condition of the roads, and announced by the competent agency in accordance with Articles 6 and 7 of this Circular.

Article 5. Size limits of roads

Size limits of roads are defined in Clause 2, Article 27 of the Law on Roads, and is announced by the competent agency as specified in Articles 6 and 7 of this Circular.

Article 6. Announcement of load-bearing capacity and size limits of roads and technical status of level crossings

1. The Department for Roads of Vietnam shall announce load-bearing capacity and size limits of national highways as defined in Clause 3 Article 8 of the Law on Roads (except for the cases prescribed in Clause 2 and Clause 4 of this Article) on the Department for Roads of Vietnam’s website.

2. The Vietnam Expressway Authority shall announce load-bearing capacity and size limits of expressways under its management on its website; and send the data to the Department for Roads of Vietnam for updating of such data on the Department for Roads of Vietnam’s website.

3. The Vietnam Railway Authority shall announce the technical status of level crossings in Vietnam’s railway network on its website; and send the data to the Department for Roads of Vietnam for updating of such data on the Department for Roads of Vietnam’s website.

4. Provincial-level People's Committees shall announce load-bearing capacity and size limits of roads under their management and special-use roads with public transport activities on their websites.

5. The competent agencies defined in Clauses 1, 2, 3, and 4 of this Article shall publicly announce the information on the load-bearing capacity and size limits of roads in accordance with the form prescribed in Appendix IX issued together with this Circular.

Article 7. Adjustment of announcement of load-bearing capacity and size limits of roads and technical status of level crossings

1. The Department for Roads of Vietnam shall update the load-bearing capacity and size limits of roads and technical status of level crossings nationwide on its website on an annual basis (before March 20 every year). In the event of any changes to the load-bearing capacity and size limits of roads, the Department for Roads of Vietnam shall be responsible for updating the information on its website within no more than 5 working days from the date of receipt of data from the Regional Road Management Authorities and the agencies specified in Clauses 2, 3, 4, and 5 of this Article.

2. The Vietnam Expressway Authority shall be responsible for updating the load-bearing capacity and size limits of the expressways under its management on its website; concurrently sending the data to the Department for Roads of Vietnam for updating such data on the Department for Roads of Vietnam’s website on an annual basis (prior to March 15 every year) and within no more than 5 working days from the date of any changes to the load-bearing capacity and size limits of the roads.

3. The Vietnam Railway Authority shall be responsible for updating the technical status of level crossings in Vietnam’s railway network on its website; and sending the data to the Department for Roads of Vietnam for updating of such data on the Department for Roads of Vietnam’s website on an annual basis (prior to March 15 every year) and within no more than 5 working days from the date of any changes to the technical status of level crossings.

4. Provincial-level People's Committees shall update the load-bearing capacity and size limits of roads under their management.

5. Owners of road work construction investment projects, road work construction and operation enterprises, shall be responsible for sending the data related to the load-bearing capacity and size limits of roads to the provincial-level People's Committees (for the roads under the localities’ management), the Department for Roads of Vietnam (for the national highways defined in Clause 3, Article 8 of the Law on Roads), and the Vietnam Expressway Authority (for the expressways under its management) for announcement and updating on the website of the concerning provincial-level People's Committees, the Department for Roads of Vietnam, or Vietnam Expressway Authority on an annual basis (prior to March 10 every year) and within no more than 5 working days from the date of any changes to the load-bearing capacity and size limits of roads.

6. Road management and use units of special-use roads with public transport activities shall be responsible for sending the data related to the load-bearing capacity and size limits of roads to the provincial-level People's Committees for announcement and updating on their website on an annual basis (prior to March 10 every year) and within no more than 5 working days from the date of any changes to the load-bearing capacity and size limits of roads.

7. For bridges on road lines and line sections that have been announced but not been renovated and upgraded in sync with the announced load-bearing capacity and size limits of roads, the management and use units of road works must post signs indicating load-bearing capacity and size limits of bridges.

Chapter III
CIRCULATION OF OVERSIZED VEHICLES, OVERLOADED VEHICLES AND TRACKED VEHICLES ON THE ROAD

Article 8. Circulation of oversized vehicles and overload vehicles on the road

1. The circulation of oversized vehicles and overloaded vehicles on the road must ensure traffic safety and safety for the road works.

2. Addition to compliance of Clause 1 of this Article, when operating an overloaded vehicle or oversized vehicle on the road, the organizations or individuals being the vehicle owners, transport operators, transportation charterers or drivers must comply with the following regulations:

a) Possess a permit for circulation of vehicle on the road (vehicle circulation permit) as defined in the Appendix III issued together with this Circular that is granted by the competent agency;

b) Take measures for protection of road works as stipulated in Clause 4, Article 52 of the Law on Road Traffic Order and Safety;

c) Comply with the regulations specified in the vehicle circulation permit;

d) Vehicles loaded with cargoes of which the weight exceeds the permitted weight of cargoes transported on the road according to the vehicles’ design that is recorded on certificates of technical safety and environmental protection inspection of such vehicles shall not be permitted to circulate on the road.

3. Addition to compliance of Clause 1 and Clause 2 of this Article, when operating an oversized vehicle transporting 02 (two) cargo units or more on the road, the organizations or individuals being the vehicle owners, transport operators, transportation charterers or drivers must observe the following regulations:

a) The gross weight and axle load of the vehicle shall not exceed the road's load-bearing capacity.

b) When loading 02 (two) or more cargo units vertically within the vehicle's cargo body, the stacking height must comply with Article 16 of this Circular;

c) When loading 02 (two) or more cargo units longitudinally within the vehicle's cargo body, it must be ensured that the loaded cargo does not extend beyond the length of the cargo body and does not exceed 20.0 meters (measured from the foremost point of the vehicle's front end to the rearmost point of the cargo loaded on the vehicle);

d) When loading 02 (two) or more cargo units laterally within the vehicle's cargo body, it must be ensured that the loaded cargo does not extend beyond the width of the cargo body and the external width of the entire cargo does not exceed 2.5 meters.

4. The agencies and organizations assigned to directly manage road works subject to reinforcement shall approve the plans on survey, designing, and reinforcement of road works in accordance with the Decree on detailing and guiding the implementation of a number of articles of Law on Roads, Article 77 of the Law on Road Traffic Order and Safety.

Article 9. Circulation of tracked vehicles on the road

1. Any tracked vehicles circulating on the road must ensure traffic safety and take mandatory measures such as installing chain shoes, spreading woven mats, recording or other measures to protect the road surface. In case of failure to take the above mandatory measures, tracked vehicles must be transported on other means of transport.

2. Addition to compliance of Clause 1 of this Article, when operating a tracked vehicle on the road, the organizations or individuals being the vehicle owners, transport operators, transportation charterers or drivers must observe the following regulations:

a) Possess a vehicle circulation permit as defined in the Appendix IV issued together with this Circular that is granted by the competent agency;

b) Comply with the regulations stated in the vehicle circulation permit;

c) Observe Clause 4 Article 8 of this Circular and take measures for protection of road works as stipulated in Clause 4, Article 52 of the Law on Road Traffic Order and Safety.

Chapter IV
OVERSIZED AND OVERWEIGHT CARGOES, TRANSPORTATION OF OVERSIZED AND OVERWEIGHT CARGOES ON THE ROAD

Article 10. Provisions on oversized and overweight cargoes

1. Oversized cargoes defined in Clause 1 Article 53 of the Law on Road Traffic Order and Safety refer the ones that, when being loaded onto a vehicle or vehicle combination for transportation, cause at least one of the following exterior dimensions (including the loaded cargoes) of such vehicle or vehicle combination:

a) The length is more than 20.0 m;

b) The width is more than 2.5 m;

c) The height measured from the highest point of the road surface exceeds 4.2 m or exceeds 4.35 m, for container trucks.

2. Overweight cargoes defined in Clause 1 Article 53 of the Law on Road Traffic Order and Safety refer the ones that, when being loaded onto a vehicle or vehicle combination for transportation, cause the gross weight (including the loaded cargoes) of such vehicle or vehicle combination exceeding 48 tons.

Article 11. Vehicles carrying oversized and overweight cargoes

1. Vehicles carrying oversized and overweight cargoes shall comply with Clause 2 and Clause 3, Article 53 of the Law on Road Traffic Order and Safety; and conform to the specifications recorded in certificates of technical safety and environmental protection inspection of such vehicles.

2. In case of using modular trailers with the capability of being coupled or connected to each other for transporting oversized or overweight cargoes, the certificates of technical safety and environmental protection inspection of such vehicles must indicate the permission for such coupling or connection.

Article 12. Circulation of vehicles carrying oversized and overweight cargoes on the road

1. Vehicles carrying oversized and overweight cargoes that travels on the road must comply with Article 8 of this Circular.

2. Addition to compliance of Clause 1 of this Article, when transporting oversized and overweight cargoes on the road, the organizations or individuals being the vehicle owners, transport operators, transportation charterers or drivers must observe the following regulations:

a) Based on the type of cargo and the locations of transport (place of departure and destination), select an appropriate route, vehicle (including specialized equipment to support the transportation of oversized and overweight cargoes), and cargo loading plan to ensure traffic safety and the safety of road works;

b) Possess a vehicle circulation permit as defined in the Appendix III issued together with this Circular that is granted by a the competent agency;

c) Comply with the regulations specified in the vehicle circulation permit;

d) Only transport 01 (one) overweight cargo unit.

Chapter V
CARGO LOADING ONTO ROAD VEHICLES

Article 13. General provisions of loading of cargoes onto road vehicles

1. Transport operators shall select vehicles appropriate for the dimensions and weight of the cargoes to be transported. Transported cargoes shall be compatible with the structural design of the cargo compartment and the operational capabilities of the transport vehicle.

2. The loading of cargoes onto road vehicles traveling on the road must comply with the regulations on the vehicles’ gross weight and load of the axle or axle group, the permissible height, width, and length of the cargoes as prescribed in Articles 14, 15, 16 and 17 of this Circular, and the loaded cargo must not exceed the permissible transport load stated in the certificates of technical safety and environmental protection inspection of such vehicles, except for cases where a permit for circulation of overloaded vehicles, oversized vehicles, vehicles carrying oversized and overweight cargoes on the road is granted.

3. Cargoes loaded onto a vehicle shall be neatly arranged, evenly distributed, and securely fastened, blocked, and braced to prevent any horizontal, longitudinal, or vertical movement. They must also comply with environmental sanitation regulations, not be tumbled during transportation, not obstruct the driver's view, not cause the vehicle to lose balance or make driving difficult, and must not obscure the vehicle's lights, license plate, or safety warnings. Common equipment used for reinforcing, securing, blocking, and bracing cargo is detailed in Appendix X issued together with this Circular.

4. For goods that are machinery or vehicles, all fuel must be drained from their tanks before being loaded onto the transport vehicle. The loading methods for machinery and vehicles as cargo are detailed in Appendix XI issued together with this Circular.

5. The loading of goods packaged in bags, bales, boxes, rolls, or blocks on vehicles shall comply with the manufacturer's instructions.

6. The loading of hazardous goods on vehicles shall be carried out in accordance with the regulations on the transportation of hazardous goods by road motor vehicles and this Chapter.

Article 14. Limits of load of the axle or axle group

1. For a single axle: The load capacity of the axle ≤ 10 tons.

2. For a tandem axle group, the load capacity depends on the distance (d) between two axles:

a) In case d < 1.0 m, the load capacity of the axle group ≤ 11 tons;

b) In case 1.0 m ≤ d < 1.3 m, the load capacity of the axle group ≤ 16 tons;

c) In case d ≥ 1.3 m, the load capacity of the axle group ≤ 18 tons.

3. For a tri-axle group, the load capacity depends on the distance (d) between two consecutive axles:

a) In case d ≤ 1.3 m, the load capacity of the axle group ≤ 21 tons;

b) In case d > 1.3 m, the load capacity of the axle group ≤ 24 tons.

Article 15. Limits to the gross weight of vehicles or vehicle combinations

1. For an automobile:

a) In case the vehicle has 2 axles, the gross weight of vehicle shall be ≤ 16 tons;

b) In case the vehicle has 3 axles, the gross weight of vehicle shall be ≤ 24 tons;

c) In case the vehicle has 4 axles, the gross weight of vehicle shall be ≤ 30 tons;

d) In case the vehicle has 5 or more axles and the distance between the first axle and the last axle is 7 m or fewer, the gross weight of vehicle shall be ≤ 32 tons;

dd) In case the vehicle has 5 or more axles and the distance between the first axle and the last axle is more than 7 m, the gross weight of vehicle shall be ≤ 34 tons.

2. For a tractor-semitrailer combination:

a) In case the vehicle combination has 3 axles, the gross weight shall be ≤ 26 tons;

b) In case the vehicle combination has 4 axles, the gross weight shall be ≤ 34 tons;

c) In case the vehicle combination has 5 axles and the distance between the center of the kingpin to the center of the first axle of the semi-trailer is from 3.2 m to 4.5 m, the gross weight of the vehicle combination shall be ≤ 38 tons;

d) In case the vehicle combination has 5 axles and the distance between the center of the kingpin to the center of the first axle of the semi-trailer is greater than 4.5 m, the gross weight of the vehicle combination shall be ≤ 42 tons;

dd) In case the vehicle combination has 6 axles or more, and the distance between the center of the kingpin to the center of the first axle of the semi-trailer is from 3.2 m to 4.5 m, the gross weight of the vehicle combination shall be ≤ 40 tons; in case of transporting one container, the gross weight of the vehicle combination shall be ≤ 42 tons;

e) In case the vehicle combination has 6 axles or more and the distance between the center of the kingpin to the center of the first axle of the semi-trailer is from 4.5 m to 6.5 m, the gross weight of the vehicle combination shall be ≤ 44 tons;

g) In case the vehicle combination has 6 axles and the distance between the center of the kingpin to the center of the first axle of the semi-trailer is greater than 6.5 m, the gross weight of the vehicle combination shall be ≤ 48 tons.

3. For a truck-trailer combination: the gross weight of the vehicle combination includes the gross weight of the vehicle (according to the gross weight of the vehicle specified in Clause 1 of this Article) and the total loads of axles or axle groups of the trailer towed (according to the loads of axles or axle groups specified in Article 14 of this Circular). To be specific:

a) In case of a truck-trailer combination with an axle group where the distance from the center of the towing pin hole on the drawbar to the midpoint of the axle group of the trailer on the horizontal surface of the drawbar is 3.7 m or more, the gross weight of the vehicle combination shall be ≤ 45 tons;

b) In case of a truck-trailer combination with multiple axle groups where the distance from the center of the towing pin hole on the drawbar to the center of front axle or the midpoint of the front axle group of the trailer on the horizontal surface of the drawbar is 3.0 m or more, the gross weight of the vehicle combination shall be ≤ 45 tons.

4. In case of a tractor-semitrailer combination specified at Point c, Point dd Clause 2 of this Article of which the distance between the center of the kingpin to the center of the first axle of the semi-trailer is < 3.2 m, or a truck-trailer combination with an axle group defined at Point a Clause 3 of this Article with the distance from the center of the towing pin hole on the drawbar to the midpoint of the axle group of the trailer being less than 3.7 m, or in the case of a truck-trailer combination with multiple axle groups stipulated at Point b Clause 3 of this Article with the distance from the center of the towing pin hole on the drawbar to the center of front axle or the midpoint of the front axle group of the trailer less than 3.0 m, the gross weight of the vehicle combination must be reduced by 2 tons for each meter of the distances specified in this Clause that is shortened in each corresponding case.

Article 16. Height of cargoes loaded onto road vehicles

1. Regarding an open-bed truck with a tarpaulin, the allowable height of cargoes loaded onto the vehicle is the limited height within the vehicle body according to the design stated in the certificate of technical safety and environmental protection inspection of such vehicle.

2. Regarding an open-bed truck without a tarpaulin, cargoes loaded onto the vehicle exceeding the designed cargo bed height stated in the certificate of technical safety and environmental protection inspection of such vehicle must be firmly tied, supported and and braced to ensure the safety when traveling on the road. The height of loaded cargoes must not exceed the heights below (calculated from the highest point of the road surface):

a) Regarding a vehicle with a designed payload capacity of 5 tons or more as stated in the certificate of technical safety and environmental protection inspection of such vehicle: the height of loaded cargoes must not exceed 4.2 m;

b) Regarding a vehicle with a designed payload capacity of between 2.5 tons and under 5 tons as stated in the certificate of technical safety and environmental protection inspection of such vehicle: the height of loaded cargoes must not exceed 3.5 m;

c) Regarding a vehicle with a designed payload capacity of under 2.5 tons as stated in the certificate of technical safety and environmental protection inspection of such vehicle: the height of loaded cargoes must not exceed 2.8 m.

3. Regarding a container truck: the height of loaded cargoes from the highest point of the road surface must not exceed 4.35 m.

4. Upon transportation of bulk cargoes, construction materials, or waste: the height of loaded cargoes shall comply with Point dd, Clause 1, Article 49 of the Law on Road Traffic Order and Safety.

5. Regarding a motorcycle or moped: the height of loaded cargoes shall comply with Clause 5, Article 33 of the Law on Road Traffic Order and Safety.

Article 17. Width and length of cargoes loaded on road vehicles

1. The permissible width of loaded cargoes onto a road motor vehicle is the width of the cargo bed as designed that is stated in the certificate of technical safety and environmental protection inspection of such vehicle.

2. The permissible length of loaded cargoes onto a road motor vehicle shall not exceed 1.1 times the overall length of the vehicle as designed and stated in the certificate of technical safety and environmental protection inspection of such vehicle, and shall not exceed 20.0 m.

3. A passenger car shall not be permitted to carry cargoes or luggage protruding beyond the vehicle's exterior dimensions, and shall not carry cargoes or luggage on the roof (unless the design certified by the registration agency) to ensure traffic safety.

4. Regarding a motorcycle or moped: the width and length of loaded cargoes shall comply with Clause 5, Article 33 of the Law on Road Traffic Order and Safety.

5. Regarding a rudimentary vehicle: the width and length of loaded cargoes shall comply with Clause 5, Article 31 of the Law on Road Traffic Order and Safety.

Article 18. Regulations on the loading of bulk cargoes

1. Upon transportation of bulk cargo, it is mandatory to utilize vehicles equipped with appropriate cargo holds, ensuring that the cargoes are securely covered to prevent spillage. The height of loaded cargoes shall comply with Clause 4, Article 16 of this Circular.

2. The loading and covering bulk cargoes are detailed in Appendix XII issued together with this Circular.

Article 19. Regulations on the loading of packaged cargoes

1. Packages of greater mass with rigid and stable packaging shall be loaded at the bottom.

2. Packages of identical dimensions shall be arranged together.

3. Packages that are tilted or misaligned shall be positioned in the center to ensure the minimization of shifting during the transportation.

4. In case where gaps exist between packages, padding and securing equipment and tools shall be employed to prevent collision and displacement during transportation. In case of residual void space within the vehicle's body following the loading process, suitable padding and securing equipment and tools must be utilized to immobilize the cargoes.

Article 20. Regulations on the loading of cylindrical cargoes

1. A cylindrical cargo shall be loaded either horizontally or vertically along the longitudinal axis of the vehicle, contingent upon the length of the cargo relative to the vehicle's body. When being positioned horizontally, such cargoes must be placed perpendicularly to the longitudinal axis of the vehicle.

2. A cylindrical cargo with a height equal to or less than its diameter must be placed upright, ensuring that the axis of the cylindrical cargo is perpendicular to the floor of the vehicle's body, or placed in accordance with the manufacturer's instructions.

3. Cylindrical cargoes must be securely tied to the vehicle's sidewalls and shall utilize specialized cargo containers or supports equipped with chocks, cradles or dunnage and securing tools, to be firmly fixed on the vehicle body’s floor, ensuring immobility of the cargoes in the lateral, longitudinal, and vertical planes during the transportation.

4. In case cylindrical cargoes with a smooth surface are stacked upon one another, the use of cushioning materials between the layers is required to prevent slippage.

5. The loading and securing of cylindrical cargoes are detailed in Appendix XIII issued together with this Circular.

Article 21. Regulations on the loading of cargoes into containers and the loading of containers onto vehicles

1. The loading of cargoes into containers shall adhere to the following requirements:

a) The container must be suitable for the type and characteristics of the cargoes;

b) Dunnage and securing materials shall be utilized to prevent the displacement of cargoes within the container during the transportation;

c) The rating and the loading of cargoes within the container shall comply with the National Standard TCVN 7553:2005 (ISO 668:1995) on Series 1 freight containers - Classification, dimensions and ratings;

d) The loading of cargoes into containers are detailed in Appendix XIV issued together with this Circular.

2. Upon transportation of containers, it is mandatory to employ combinations of tractor and trailer or semitrailer, or container trucks appropriate for the specific type of container to be transported.

3. Containers shall be designed and manufactured in accordance with the national technical regulations on the inspection and fabrication of containers for transport on means of transportation. Containers must be securely affixed to the vehicle utilizing locking mechanisms that ensure immobility during transportation.

Chapter VI
GRANT OF PERMITS FOR CIRCULATION OF OVERLOADED VEHICLES, OVERSIZED VEHICLES, TRACKED VEHICLES AND VEHICLES CARRYING OVERSIZED AND OVERWEIGHT CARGOES ON THE ROAD

Article 22. General regulations on grant of permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles and vehicles carrying oversized and overweight cargoes on the road

1. For oversized vehicles, overloaded vehicles, tracked vehicles and vehicles carrying oversized and overweight cargoes, a permit for circulation on the road shall be granted in the following cases:

a) In the cases defined at Points a and c, Clause 3, Article 52 of the Law on Road Traffic Order and Safety;

b) Serving national defense and security missions as requested by national defense and security agencies or units;

c) Serving natural disaster prevention, control, and remediation as requested by the managing agencies or organizations of the works or People's Committees of district level or higher;

d) Performing tasks in emergency situations as requested by the managing agencies or organizations of the works or People's Committees of district level or higher.

dd) Transporting oversized and overweight cargoes in cases where the vehicle owners, transport operators, transportation charterers or drivers, after due diligence and survey, submit a written request clearly stating the reasons why alternative modes of transportation via railway, inland waterway, aviation, or maritime are unsuitable or necessitate a combination of road transportation with other modes of transportation.

2. Vehicle circulation permits shall be issued for specific routes and sections of roads, either for one way or two ways (from place of departure to place of destination and vice versa), for each transport trip or each phase of transport (for cases involving multiple trips with equivalent exterior dimensions, gross weight, and load of axle or axle group on the same transport route).

3. Vehicle circulation permits shall not be issued in cases where the transported cargoes exceed the permissible payload capacity as designed for the vehicle, as stated in its certificate of technical safety and environmental protection inspection.

4. Validity period of vehicle circulation permits:

a) Regarding overloaded vehicles, oversized vehicles, vehicles transporting oversized and overweight cargoes must not comply with mandatory requirements such as following the designated lanes, being guided or escorted by another persons or vehicle, providing warnings to other persons and vehicles operating on the road or using reinforced roads during the circulation: In cases of circulation on road routes or sections that have undergone comprehensive renovation and upgrading, the validity period of the vehicle circulation permit shall not exceed 90 days from the date of issuance; in cases of circulation on road routes or sections that have not undergone comprehensive renovation and upgrading, the validity period of the vehicle circulation permit shall not exceed 30 days from the date of issuance.

b) Regarding overloaded vehicles, oversized vehicles, vehicles transporting oversized and overweight cargoes must comply with mandatory requirements such as following the designated lanes, being guided or escorted by another vehicle, providing warnings to other persons and vehicles operating on the road or using reinforced roads during the circulation: the validity period of the vehicle circulation permit must be no longer than 30 days from the date of issuance;

c) For self-propelled tracked vehicles: the validity period of the vehicle circulation permit is the duration of a trip when such vehicle departs until it reaches its destination and must be no longer than 30 days from the date of issuance;

d) The validity period of the vehicle circulation permit prescribed at Points a, b and c of this Clause shall be within the validity period of the certificate of technical safety and environmental protection inspection of such vehicle; if the validity period of the certificate of technical safety and environmental protection inspection is shorter than the validity period prescribed at Points a, b and c of this Clause, the validity period of the vehicle circulation permit shall be equal to the remaining validity period of its certificate of technical safety and environmental protection inspection.

5. The forms of vehicle circulation permits shall be prescribed in Appendix III and Appendix IV issued together with this Circular.

Article 23. Procedures for grant of vehicle circulation permits

1. An organization and individual shall submit a dossier either directly or via the postal system, or through the online public service system to the competent agency defined in Article 24 of this Circular.

2. Components of a dossier:

a) A written request, made using the form provided for in Appendices 1 and 2 issued together with this Circular;

b) A copy of the vehicle registration certificate or temporary registration (for motor vehicles and special-purpose vehicles defined in Clause 5, Article 39 of the Law on Road Traffic Order and Safety);

c) A copy of the certificate of technical safety and environmental protection inspection of the vehicle or a copy of the vehicle's technical specifications provided by the manufacturer (for vehicles applying for temporary registration);

d) A transportation plan comprising the following information: details of the transportation route (including the full and specific place of departure, place of destination, names of each road section, and turning points); information on the transporting vehicle(s); information on the cargoes to be transported, certified by the transportation charterer, including dimensional parameters of length, width, and height (L x W x H) in meters, and mass; an excerpt of the transportation contract or a written designation of the transport operator by the transportation charterer; a survey report; and a request from the competent agency or organization (for cases defined at Points b, c, and d, Clause 1, Article 22 of this Circular);

dd) A report on the completed reinforcement of road works (for cases requiring reinforcement of road works).

3. The order of granting a vehicle circulation permit shall be as follows:

a) Receipt and examination of dossiers:

For cases of direct submission of dossiers: the competent agency shall examine the dossier immediately on the working day of submission. In case the dossier is incomplete, a written guidance shall be provided to the organization or individual for supplementation and completion of the dossier; in case the dossier is complete as prescribed, the competent agency shall be receive the dossier, and issue a notice on result return schedule.

For cases of dossier submission via the postal system or online, within 02 (two) working days from the date of receipt of the dossier, the competent agency shall examine the dossier. In case the dossier is incomplete, a written guidance shall be provided to the organization or individual for supplementation and completion of the dossier; in case the dossier is complete as prescribed, the competent agency shall be receive and handle the dossier in accordance with Point b of this Clause.

b) Appraisal of dossier and notification of results

Within 01 (one) working day from the date of receipt of a complete dossier as defined, the competent agency shall grant a vehicle circulation permit, or issue a written reply clearly stating the reason for its refusal to grant a vehicle circulation permit.

4. On a road route or section that has undergone survey, design, and reinforcement of road works (if any), the competent agency competent to grant vehicle circulation permits defined in Article 24 of this Circular may utilize the survey reports and the reports on the completed reinforcement of road works within 06 (six) months from the date of report formulation to serve the issuance of vehicle circulation permits for overloaded vehicles, oversized vehicles, and vehicles transporting oversized and overweight cargo with parameters (including exterior dimensions, gross weight of the vehicle, and load of axles or axle groups) equivalent to or less than those of vehicles previously issued a vehicle circulation permit for the circulation on such road route or section.

Article 24. Competence to grant vehicle circulation permits

1. Provincial-level Departments of Transport shall issue permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, and vehicles transporting oversized and overweight cargoes on the road nationwide in the following cases:

a) An applicant for a vehicle circulation permit with the address of business registration or operational registration located in the concerned province, except for cases defined at Point c Clause 2, Clause 3 of this Article.

b) The vehicle or the cargoes carried on the vehicle for which a vehicle circulation permit is requested has either its departure or destination located within the concerned province, except for cases defined at Point c Clause 2, Clause 3 of this Article;

c) Serving national defense and security tasks; natural disaster prevention, control and remediation; performing tasks in emergency situations; and energy projects: both the places of departure and destination of the vehicle or the cargoes carried on the vehicle for which a vehicle circulation permit is requested are located within the province.

2. Regional Road Management Authorities shall issue permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, and vehicles transporting oversized and overweight cargoes on the road nationwide in the following cases (except for cases defined in Clause 3 of this Article):

a) An applicant for a vehicle circulation permit with the address of business registration or operational registration located in the locality under the management of concerned Regional Road Management Authority;

b) The vehicle or the cargoes carried on the vehicle for which a vehicle circulation permit is requested has either its departure or destination located in the locality under the management of concerned Regional Road Management Authority;

c) Serving national defense and security tasks; natural disaster prevention, control and remediation; performing tasks in emergency situations; and energy projects: both the places of departure and destination of the vehicle or the cargoes carried on the vehicle for which a vehicle circulation permit is requested are located within the locality under the management of the Regional Road Management Authority.

3. The Department for Roads of Vietnam shall grant permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles and vehicles carrying oversized and overweight cargoes on the road nationwide for the cases of serving national defense and security tasks; natural disaster prevention, control and remediation; performing tasks in emergency situations; and energy projects in which the places of departure and destination of the vehicles or the cargoes carried on the vehicles for which a vehicle circulation permit is requested are not located in the area under the same management of a Regional Road Management Authority.

Article 25. Responsibilities of agencies granting vehicle circulation permits

1. Agencies granting vehicle circulation permits shall take responsibility for the grant of vehicle circulation permits to the right subjects in accordance with conditions of roads, vehicles and ensure the traffic safety.

2. To select suitable road routes or sections on the basis of ensuring the traffic safety and the safety for road works.

3. When the circulation on expressways is permitted, based on the exterior dimensions of the vehicle or vehicle combination (including cargoes), specific conditions ensuring traffic safety shall be recorded in the vehicle circulation permit in accordance with the operational characteristics of the route.

4. To provide the current conditions of road sections in the transportation route within their management at the request of organizations and individuals or of relevant agencies that grant vehicle circulation permits.

5. The agencies granting vehicle circulation permits stipulated in Clauses 1 and 2 Article 24 of this Circular shall be responsible for notifying the provincial-level Departments of Transport and the Regional Road Management Authorities governing the localities where the addresses of business registration or operational registration of the organizations or individuals are located, and the localities with the places of departure and destination of the vehicles or the cargoes carried on the vehicles for which vehicle circulation permits are granted.

6. To promptly inform the traffic police agencies of the issued vehicle circulation permit in accordance with Clause 7 Article 52, and Clause 5 Article 53 of the Law on Road Traffic Order and Safety via the postal system or through data connection and sharing with the Traffic Police Department of the Ministry of Public Security and the provincial-level Traffic Police Divisions of the localities with the road routes or sections on which the vehicle travels.

7. To revoke the vehicle circulation permits for cases of violations against the conditions recorded in the vehicle circulation permits or causing damages to the road works without completing the compensation, repair and remedy.

Revocation of a vehicle circulation permit shall be carried out as follows: Within 03 working days from the date of detecting an act of violation, the competent agency shall promulgate a decision on revocation of vehicle circulation permit, notify relevant agencies for coordination in implementation and publish the information on the website of the agency revoking such vehicle circulation permit.

8. Archiving of vehicle circulation permit grant dossiers:

a) The agencies granting vehicle circulation permits shall archive the dossiers and related documents pertaining to the issuance of vehicle circulation permit;

b) The archiving period shall be 05 years for vehicle circulation permits and 03 years for the documents defined in Clause 2 Article 23 of this Circular.

Chapter VII
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 26. Responsibilities of the Department for Roads of Vietnam

1. To the implementation of the regulations on load-bearing capacity and size limits of roads and the cargo loading on road vehicles in accordance with this Circular.

2. To inspect and handle violations of the regulations on cargo loading on road vehicles.

3. To organize professional training and guidance on grant of vehicle circulation permits.

4. To inspect and handle, or propose the handling of, violations by organizations or individuals involved in the grant of vehicle circulation permits in accordance with law regulations.

Article 27. Responsibilities of provincial-level Departments of Transport

1. To the implementation of the regulations on load-bearing capacity and size limits of roads and the cargo loading on road vehicles in accordance with this Circular.

2. To inspect and handle violations of the regulations on cargo loading on road vehicles.

3. To comply with the examination and supervision of vehicle circulation permit grant by functional agencies.

4. To make quarterly or annual reports on the grant of vehicle circulation permits to the Department for Roads of Vietnam, using the forms provided in Appendices V, VI, VII, and VIII issued together with this Circular. Quarterly reports must be sent before the 20th of the last month of the quarter; annual reports must be sent before December 15.

Article 28. Responsibilities of Regional Road Management Authorities

1. To comply with the examination and supervision of vehicle circulation permit grant by functional agencies.

2. To make quarterly or annual reports on the grant of vehicle circulation permits to the Department for Roads of Vietnam, using the forms provided in Appendix V, Appendix VI, Appendix VII and Appendix VIII issued together with this Circular. Quarterly reports must be sent before the 20th of the last month of the quarter; annual reports must be sent before December 15.

Article 29. Responsibilities of transport operators, drivers and cargo escorts

1. Responsibilities of transport operators:

a) To comply with the regulations on the circulation of oversized vehicles, overloaded vehicles, tracked vehicles, vehicles carrying oversized and overweight cargoes on the road, and the loading of cargoes onto road vehicles;

b) Prior to commencing transportation, to provide their drivers, cargo escorts, and cargo handlers with the complete information about the characteristics of the cargoes, the dimensions and mass of the cargoes, packages, the permissible transport load of the vehicle for operation on the road, and the load-bearing capacity and size limits of roads along the entire transportation route; and to take responsibility for the accuracy of the provided information;

c) To provide adequate covering, reinforcement, tying, chocking, and padding equipment necessary for the loading of goods and to facilitate their cargo handlers’ observance of the regulations on the loading of cargoes.

d) To disseminate and instruct their drivers, cargo escorts, and cargo handlers on the cargo loading plan to ensure compliance with the regulations.

2. Responsibilities of drivers and cargo escorts:

a) To comply with Article 63 of the Law on Roads;

b) To comply with the regulations on the circulation of oversized vehicles, overloaded vehicles, tracked vehicles, vehicles carrying oversized and overweight cargoes on the road, and the loading of cargoes onto road vehicles;

c) Prior to commencing the transportation task, to conduct an inspection of the cargoes on the vehicle to ensure they have been securely loaded, covered, reinforced, tied, and chocked/padded, and to verify the cargoes against the information provided by the transport operators and the manufacturer's instructions, in order to ensure the compliance with the permissible transport load of the vehicle for operation on the road.

Article 30. Responsibilities of transportation charterers

1. To comply with Article 64 of the Law on Roads.

2. To comply with the regulations on the circulation of oversized vehicles, overloaded vehicles, tracked vehicles, vehicles carrying oversized and overweight cargoes on the road, and the loading of cargoes onto road vehicles.

3. To provide their transport operators with the information about the characteristics of the cargoes, the dimensions and mass of the cargoes, packages, the requirements concerning the loading of goods onto vehicles, and the manufacturer's instructions (if any); and to take responsibility for the accuracy of the provided information.

Article 31. Responsibilities of cargo handlers

1. To comply with the regulations on loading of cargoes onto the vehicles.

2. To fully receive all information provided by the transport operators and the manufacturer's instructions for the purpose of loading cargoes onto the vehicles, and to adhere to the instructions of the drivers and cargo escorts.

3. To load cargoes onto vehicles for transportation in compliance with the permissible transport load of the vehicles for operation on the road. Not load cargoes onto a vehicle in case the transport operators provide a vehicle that is not suitable for the dimensions and mass of the cargoes to be transported.

Chapter VIII
ORGANIZATION OF IMPLEMENTATION

Article 32. Effect

1. This Circular takes effect on January 01, 2025.

2. To repeal the following circulars:

a) Circular No. 46/2015/TT-BGTVT dated September 07, 2015 of the Minister of Transport providing regulations on load-bearing capacity and size limits of roazds; operation of overload vehicles, oversized vehicles and caterpillars traveling on roads; transportation of extra-long and extra-heavy cargo; cargo loading limits of road vehicles traveling on the roads;

b) Article 5 of Circular No. 36/2020/TT-BGTVT dated December 24, 2020 of the Minister of Transport, on amending and supplementing a number of articles in the Circulars providing regulations on the periodical reporting regime in the field of road;

c) Article 10 of Circular No. 06/2023/TT-BGTVT dated May 12, 2023 of the Minister of Transport, amending and supplementing a number of articles of Circulars concerning management, operation, maintenance and protection of roads;

d) Circular No. 35/2023/TT-BGTVT dated December 13, 2023 of the Minister of Transport, on amending and supplementing a number of articles of the Minister of Transport’s Circular No. 46/2015/TT-BGTVT dated September 07, 2015, on providing regulations on load-bearing capacity and size limits of roads; operation of overload vehicles, oversized vehicles and caterpillars traveling on roads; transportation of extra-long and extra-heavy cargo; cargo loading limits of road vehicles traveling on the roads;

dd) Circular No. 41/2023/TT-BGTVT dated December 29, 2023 of the Minister of Transport, on defining cargo loading on road vehicles.

3. In case legal normative documents mentioned herein are amended, supplemented or replaced, these amending, supplementing or replacing documents shall apply.

Article 33. Transitional provisions

1. Dossiers of request for vehicle circulation permits that have been submitted to and received by the agencies competent to grant vehicle circulation permits prior to the effective date of this Circular shall be processed in accordance with the law regulations in force at the time of submission of the dossiers.

2. Vehicle circulation permits that have been granted by the competent agencies prior to the effective date of this Circular shall remain valid until the expiration date stated on such permits./.

* All Appendices are not translated herein.