Circular 46/2015/TT-BGTVT operation of overload vehicles, oversized vehicles and caterpillars traveling on roads

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Circular No. 46/2015/TT-BGTVT dated September 07, 2015 of the Ministry of Transport 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
Issuing body: Ministry of TransportEffective date:
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Official number:46/2015/TT-BGTVTSigner:Dinh La Thang
Type:CircularExpiry date:Updating
Issuing date:07/09/2015Effect status:
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Fields:Transport

SUMMARY

Goods on motorbikes must not be stacked higher than 1.5m

 

On September 07, 2015, the Ministry of Transport issues Circular No. 46/2015/TT-BGTVT 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; prohibition of loading cargoes or luggage beyond the width of the cargo rack by 0.3 m on each side, and beyond the rear of the cargo rack by 0.5 m, the cargo loading height from the road surface must not exceed 1.5 m.

At the same time, passenger vehicles are not allowed to load cargoes or luggage that protrude beyond the outside dimensions of the vehicle or Rudimentary vehicles are not allowed to load goods beyond 1/3 of the vehicle's body length in front and rear and no more than 1.0 m; must not exceed 0.4 m on each side of the wheel. Similarly, the length of loaded cargoes on a road motor vehicle must not exceed 1.1 times the total length of the vehicle according to the manufacturer designs or modification designs already approved by competent agencies and must not be longer than 20.0 m. When carrying cargoes with the length exceeding the permissible limit, the cargo bed must bear warnings and cargoes must be firmly tied to ensure safety while traveling on the roads.

Also according to this Circular, an oversized vehicle means a truck’s length is longer than 20 m or longer than 1.1 times the total length of the vehicle; the width is longer than 2.5 m; the height calculated from the road surface is longer than 4.2 m (except for container trucks). The vehicle owner or driver operating an overloaded vehicle, oversized vehicle on roads must obtain a vehicle circulation permit issued by a competent agency.

This Circular takes effect from December 1, 2015.
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Effect status: Known

THE MINISTRY OF TRANSPORT
_________

No. 46/2015/TT-BGTVT

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness  
_________________

Hanoi, September 7, 2015

CIRCULAR

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

 

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

Pursuant to the Government’s Decree No. 107/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of Transport Infrastructure Department and the Director General of the Directorate for Roads of Vietnam,

The Minister of Transport hereby promulgates Circular 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.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Circular provides regulations on load-bearing capacity and size limits of roads; announcement of 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.

Article 2. Subjects of application

This Circular applies to organizations and individuals involved in the announcement of 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.

Article 3. Interpretation of terms

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

1. Total mass (total weight) of the vehicle includes the weight (mass) of the vehicle itself plus the weight (mass) of people, luggage and cargoes loaded on the vehicle (In case any).

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

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

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

5. Combination of vehicles means a body-on-frame vehicle pulling a trailer or a tractor pulling a semi-trailer.

6. A single-axle trailer means a trailer with only 1 axle group placed in the middle of the length of the trailer.

7. A multi-axles trailer means a trailer with a front axle or a front axle group connected with a pull bar and a back axle or a back axle group.

8. A non-disassembled (undividable) 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.

9. 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.

 

Chapter II

PROVISIONS ON LOAD-BEARING CAPACITY AND SIZE LIMITS OF ROADS; ANNOUCEMENT OF LOAD-BEARING CAPACITY AND SIZE LIMITS OF ROADS

Article 4. Load-bearing capacity of road

1. Load-bearing capacity of a road means bearing capacity of such road and bridges along the road that is for ensuring the designed lifespan.

2. The bearing capacity of a bridge shall be determined based on the design and the actual condition of the bridge, which is announced by a competent agency or displayed by a vehicle mass limit sign under regulations on road signs.

3. The bearing capacity of a road shall be determined based on the design and actual condition of the road, which is announced by a competent agency or displayed by an axle mass limit sign under regulations on road signs.

Article 5. Size limits of roads

1. Size limits of a road means the limited space in terms of heights and widths of the road, bridge, ferry terminal, or road tunnel that allows vehicles and cargoes loaded on vehicles to safely go through.

2. The height limits of highways, level-I, level-II, level-III roads and level-IV roads are 4.75 m and 4.5 m, respectively.

3. The width limit of a road means the width limit of its lanes, depending on the technical level of the road and the terrain over which the road route is built.

Article 6. Announcement of load-bearing capacity and size limits of roads and technical conditions of level crossing

1. The Directorate for Roads of Vietnam shall take responsibility for announcing the load-bearing capacity and size limits of highways and updating the load-bearing capacity and size limits of roads and technical conditions of level crossing nationwide on the Directorate for Roads of Vietnam’s website.

2. Provincial-level Departments of Transport shall take responsibility for announcing the load-bearing capacity and size limits of local roads and sending the figures to the Directorate for Roads of Vietnam for updating on the Directorate for Roads of Vietnam’s website.

3. The Vietnam Railway Authority shall take responsibility for announcing the technical conditions of level crossing on Vietnamese railway network and sending the figures to the Directorate for Road of Vietnam for updating on the website of the Directorate for Road of Vietnam.

Article 7. Amendment to the announcement of load-bearing capacity and size limits of roads and technical conditions of level crossing

1. The Directorate for Roads of Vietnam shall take responsibility for updating load-bearing capacity and size limits of roads and technical conditions of level crossing nationwide every 6 months (before June 20 and December 20 every year).

2. Provincial-level Departments of Transport shall take responsibility for updating load-bearing capacity and size limits of local roads and sending the figures to the Directorate for Roads of Vietnam for updating on its website every 6 months (before June 15 and December 15 every year).

3. The Vietnam Railway Authority shall take responsibility for updating technical conditions of level crossing on Vietnamese railway network and sending the figures to the Directorate for Road of Vietnam for updating on its website every 6 months (before June 15 and December 15 every year).

4. PPP investors shall take responsibility for updating load-bearing capacity and size limits of road segments under their management and sending the figures to the Provincial-level Departments of Transport (for local roads) or the Directorate for Roads of Vietnam (for highways) for updating on the Directorate for Roads of Vietnam’s website every 6 months (before June 10 and December 10 every year).

5. For bridges along the routes and road segments announced but not yet renovated and upgraded according to the announced load-bearing capacity and size limits, road management agencies must put up signs showing the actual load-bearing capacity and size limits of such bridges.

Article 8. Operation of road motor vehicles

1. Any road motor vehicles that satisfy the announced load-bearing capacity and size limits of roads and regulations on cargo loading limits specified in Articles 16, 17, 18, and 19 of this Circular may normally travel on announced routes and road segments.

2. When travelling on routes and road segments other than those on the announced list of load-bearing capacity and size limits, vehicle owners, transportation charterers or drivers shall comply with the signs of load-bearing capacity and size limits of roads, speeds and distance between vehicles traveling on the roads.

3. When transporting non-disassembled cargo, or circulating vehicles with the total mass or size exceeding the load-bearing capacity or size limit of the road, the vehicle owner, the transportation charterer or the driver must request a competent agency to issue a vehicle circulation permit before the vehicle travelling on the road.

 

Chapter III

OVERLOAD VEHICLES, OVERSIZED VEHICLES AND CATERPILLARS TRAVELING ON THE ROADS

 

Article 9. Provisions on overload vehicles, oversized vehicles and caterpillars traveling on the roads

1. An overloaded vehicle means a road motor vehicle with the total mass or the axle load exceeding the load-bearing capacity of the road.

2. An oversized vehicle means a road motor vehicle with the outside dimensions, including load (In case any), exceeding the maximum allowable size of a road motor vehicle travelling on roads. To be specific:

a) The vehicle’s length is longer than 20 m or longer than 1.1 times the total length of the vehicle;

b) The vehicle’s width is longer than 2.5 m;

c) The height calculated from the road surface is longer than 4.2 m (except for container trucks).

3. A Special-use vehicle joining the traffic, of which the total mass, axle load or outside dimensions in excess of the maximum allowable size specified in Clause 2 of this Article, shall be considered overloaded or oversized vehicle.

Article 10. Provisions on caterpillars traveling on the roads

Any caterpillars traveling on the roads must 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, caterpillars must be transported on other means of transport.

Article 11. Circulating overload vehicles, oversized vehicles and caterpillars traveling on roads

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

2. The vehicle owner, courier, driver or transportation charterer must comply with the following regulations when operating an overloaded vehicle, oversized vehicle, or tracked vehicle on roads:

a) Obtaining a vehicle circulation permit for circulation of an overloaded vehicle, oversized vehicle, or caterpillar on roads issued by a competent agency;

b) Complying with regulations recorded in the vehicle circulation permit.

3. Any vehicle that carries cargoes exceeding its load-bearing capacity as designed by the manufacturer or exceeding the allowable weight of cargoes specified on its technical safety and environmental protection inspection certificate is not allowed to be operated on roads.

 

Chapter IV

TRANSPORTATION OF EXTRA-LONG AND EXTRA-HEAVY CARGOES ON ROADS

 

Article 12. Provisions on extra-long and extra-heavy cargo

1. An extra-long cargo is a non-disassembled cargo with any the following outside dimensions (of both the component of vehicle and the cargoes loaded on the vehicle) when being loaded on the vehicle:

a) Length > 20.0 m;

b) Width > 2.5 m;

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

2. An extra-heavy cargo is a non-disassembled cargo with the weight of heavier than 32 tons.

Article 13. Vehicles for transportation of extra-long and extra-heavy cargoes

1. A vehicle for transportation of extra-long and extra-heavy cargoes is a vehicle with sizes and weights suitable for the transported cargoes and conformable with figures specified on the vehicle’s technical safety and environmental protection inspection certificate.

2. In case modular trailers can be connected together to carry extra-long and extra-heavy cargoes, the registration agency shall certify in the technical safety and environmental protection inspection certificate of the vehicle as follows: “Modules are allowed to be connected together and the vehicle circulation permit for circulation of vehicles issued by a competent agency is required”.

Article 14. Circulating vehicles carrying extra-long and extra-heavy cargoes on roads

1. Vehicles carrying extra-long and extra-heavy cargoes that travels on roads must comply with regulations of Article 11 of this Circular.

2. The driver of a vehicle carrying an extra-long and extra-heavy cargo must comply with regulations specified in the vehicle circulation permit and at the same time, comply with instructions of the navigation and escort support operator (In case any).

3. Cases where navigation and escort support vehicles are required:

a) When loading cargoes on the vehicle with any of the following outside dimensions (of both the vehicle and the load): width > 3.5 m; length > 20 m;

b) At the construction site where the road must be reinforced.

4. Cases where the road inspection is required:

a) When loading cargoes on the vehicle with any of the following outer dimension: width > 3.75 m or height > 4.75 m or length > 20 m (for level-IV roads or lower) or length > 30 m (for level-III roads or higher);

b) The road motor vehicle has total mass or the axle load exceeding the load-bearing capacity of the road.

 

Chapter V

CARGO LOADING LIMITS OF ROAD VEHICLES TRAVELING ON THE ROADS

 

Article 15. Cargo loading limits of road vehicles traveling on the roads

1. The loading of cargoes on road vehicles travelling on roads must comply with the regulations on vehicle total mass and axle load and the permissible height, width, and length of the cargo as prescribed in Articles 16, 17 and 18 of this Circular, and must not exceed the load-bearing capacity of the vehicle recorded in the technical safety and environmental protection inspection certificate of the vehicle.

2. Cargoes loaded on vehicles must be arranged tidily and tied firmly without obstructing the operation of vehicles, ensuring traffic safety when traveling on the roads.

Article 16. Axle load

1. Single axle: axle load ≤ 10 tons.

2. Double-axle group, axle load depends on the distance (d) between two axles:

a) In case d < 1.0 m, axle load ≤ 11 tons;

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

c) In case d ≥ 1.3 m, axle load ≤ 18 tons.

3. Triple-axle group, axle load depends on the distance (d) between two consecutive axles:

a) In case d ≤ 1.3 m, axle load ≤ 21 tons;

b) In case d > 1.3 m, axle load ≤ 24 tons.

Article 17. Total mass

1. Body-on-frame vehicles:

a) In case the vehicle has 2 axles, total mass ≤ 16 tons;

b) In case the vehicle has 3 axles, total mass ≤ 24 tons;

c) In case the vehicle has 4 axles, total mass ≤ 30 tons;

d) In case the vehicle has 5 or more axles, the total mass depends on the distance between the first axle and the last axle:

- In case the distance between the first axle and the last axle ≤ 7 m, total mass ≤ 32 tons;

- In the distance between the first axle and the last axle > 7 m, total mass ≤ 34 tons;

2. For a semi-trailer tractor combination with the total of axles:

a) Equal to 3, total mass ≤ 26 tons;

b) Equal to 4, total mass ≤ 34 tons;

c) In case the vehicle has 5 axles, the total mass depends on the distance between the wheel coupling pin and the first axle of the semi-trailer:

- In case 3.2 ≤ the distance between the wheel coupling pin and the first axle of the semi-trailer ≤ 4.5 m, total mass ≤ 38 tons;

- In case the distance between the wheel coupling pin and the first axle of the semi-trailer > 4.5 m, total mass ≤ 42 tons;

d) In case the vehicle has 6 or more axles, the total mass depends on the distance between the wheel coupling pin and the first axle of the semi-trailer:

- In case 3.2 ≤ the distance between the wheel coupling pin and the first axle of the semi-trailer ≤ 4.5 m, total mass ≤ 40 tons. In case the semi-trailer is a container, total mass ≤ 42 tons;

- In case 4.5 < the distance between the wheel coupling pin and the first axle of the semi-trailer ≤ 6.5 m, total mass ≤ 44 tons;

- In case the distance between the wheel coupling pin and the first axle of the semi-trailer > 6.5 m, total mass ≤ 48 tons.

3. In case a body-on-frame vehicle pulling a trailer: the total weight of the component of vehicles, including the total mass of the body-on-frame vehicle (according to the total mass specified in Clause 1 of this Article) and the axle load of the trailer being pulled (according to the axle load specified in Article 16). To be specific:

a) In case a body-on-frame vehicle pulling a single-axle trailer and the distance between the wheel coupling pin and the middle of the axle group of the trailer on the horizontal surface of the pull bar is 3.7 m or longer, the total mass must be 45 tons or lower;

b) In case a body-on-frame vehicle pulling a multi-axle trailer and the distance between the wheel coupling pin and the middle of the axle group of the trailer on the horizontal surface of the pull bar is 3.0 m or longer, the total mass must be 45 tons or lower.

4. In case a semi-trailer is pulled by a truck (specified in clause 2 of this Article) and the distance between the wheel coupling pin and the first axle of the semi-trailer is shorter than 3.2 m, or a single-axle trailer is pull by a body-on-frame vehicle and the distance between the wheel coupling pin and the middle point of the axle group of the trailer is shorter than 3.7 m, or a multi-axle body-on-frame vehicle pulling a trailer and the distance between the wheel coupling pin and the front axle group of the trailer is shorter than 3.0 m, then the total mass of the tractor-trailer must be decreased by 2 tons for each meter of length that is shortened.

5. Regarding vehicles with auxiliary axles, the total mass shall be determined in accordance with Article 16 and Clauses 1, 2 and 3 of this Article corresponding to the actual axles directly affect the road surface when traveling on the roads.

Article 18. Height of cargoes loaded on road vehicles

1. Regarding tarpaulin trucks, allowable height of cargoes loaded on the vehicle is the limited height within the vehicle body according to the manufacturer's design or according to a modified design approved by a competent agency.

2. Regarding open-top truck, cargoes loaded on the vehicle that exceed the height of the cargo bed (according to the manufacturer designs or modification designs already approved by competent agencies) must be firmly tied and choked to ensure the safety when traveling on the roads. The height of loaded cargoes must not exceed the heights below (calculated from the highest point of the road surface):

a) In case the volume of cargoes transported is 5 tons or more (according to the technical safety and environmental protection inspection certificate), the height of loaded cargoes must not exceed 4.2 m;

b) In case the volume of cargoes transported is from 2.5 tons to less than 5 tons (according to the technical safety and environmental protection inspection certificate), the height of loaded cargoes must not exceed 3.5 m;

c) In case the volume of cargoes transported is less than 2.5 tons (according to the technical safety and environmental protection inspection certificate), the height of loaded cargoes must not exceed 2.8 m;

3. Special-use vehicles and container trucks: the height of loaded cargoes from the highest point of the road surface must not exceed 4.35 m.

4. In case the vehicle carries bulk cargo or building materials such as soil, sand, gravel, coal, ores and the likes, the height of loaded cargoes must not exceed the height of the cargo bed as recorded in the technical safety and environmental protection inspection certificate.

Article 19. Width and length of cargoes loaded on road vehicles when travelling on roads

1. The width of loaded cargoes on a road motor vehicle is the width of the cargo bed according to the manufacturer designs or modification designs already approved by competent agencies.

2. The length of loaded cargoes on a road motor vehicle must not exceed 1.1 times the total length of the vehicle according to the manufacturer designs or modification designs already approved by competent agencies and must not be longer than 20.0 m. When carrying cargoes with the length exceeding the permissible limit, the cargo bed must bear warnings and cargoes must be firmly tied to ensure safety while traveling on the roads.

3. Passenger vehicles are not allowed to load cargoes or luggage that protrude beyond the outside dimensions of the vehicle.

4. Motorcycles and motorbikes must not load cargoes or luggage beyond the width of the cargo rack according to the manufacturer's design by 0.3 m on each side, and beyond the rear of the cargo rack by 0.5 m. The cargo loading height from the road surface must not exceed 1.5 m.

5. Rudimentary vehicles are not allowed to load goods beyond 1/3 of the vehicle's body length in front and rear and no more than 1.0 m; must not exceed 0.4 m on each side of the wheel.

 

Chapter VI

GRANT OF PERMITS FOR CIRCULATION OF OVERLOADED VEHICLES, OVERSIZED VEHICLES, CATERPILLARS AND VEHICLES CARRYING EXTRA-LONG AND EXTRA-HEAVY CARGOES ON ROADS

 

Article 20. General provisions on grant of permits for circulation of overloaded vehicles, oversized vehicles, caterpillars and vehicles carrying extra-long and extra-heavy cargoes on roads

1. The vehicle circulation permit for circulation of overloaded vehicles, oversized vehicles, caterpillars, and vehicles carrying extra-long and extra-heavy cargoes (hereinafter referred to as the vehicle circulation permit) on roads shall be granted only in special cases when there are no other transportation options available, or other types of road motor vehicles suitable for road transportation cannot be used.

2. Agencies granting vehicle circulation permits shall:

a) Select suitable routes on the basis of ensuring the traffic safety and the road facility protection;

b) Refuse to grant the vehicle circulation permit in case the loaded cargoes exceed the load designed by the manufacturer or exceed the allowable limit of load of the vehicle after modification as recorded in the technical safety and environmental protection inspection certificate;

c) Specify conditions for ensuring traffic safety such as speeds, lanes and time of operation on the vehicle circulation permit when granting permission for travelling on highways.

3. In case of circulating the vehicle exceeding the capacity of a road that requires inspection or reinforcement of the road, organizations and individuals wishing to travel on such road shall take responsibility for paying all relevant costs. The competent agency shall grant the vehicle circulation permit only when the organization or individual has fulfilled the above-mentioned work.

4. Validity period of the vehicle circulation permit:

a) Vehicles that are overweight or oversized when traveling are not required to comply with mandatory conditions such as following designated lanes, having a vehicle to guide or escort them, or having to reinforce the road: In case of travelling roads or road sections that have been renovated and upgraded synchronously, the validity period of the vehicle circulation permit is not more than 60 days. In case of circulation on roads, road sections that have not been renovated, upgraded or renovated or upgraded not synchronously, the validity period of the vehicle circulation permit shall not exceed 30 days.

b) Regarding overloaded vehicles, oversized vehicles and vehicles carrying extra-long and extra-heavy cargoes that are required to comply with mandatory conditions such as following the designated lanes, being guided or escorted by another vehicle or using reinforced roads: the validity period of the vehicle circulation permit must be no longer than 30 days.

c) For self-propelled caterpillars: the validity period of the vehicle circulation permit is the duration of a trip when such vehicle departs until it reaches its destination.

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 technical safety and environmental protection inspection certificate of such vehicle. In case the validity period of the vehicle’s technical safety and environmental protection inspection certificate 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 that of the vehicle’s technical safety and environmental protection inspection certificate.

Article 21. Procedures for grant of the vehicle circulation permit

1. An organization or individual wishing to obtain a vehicle circulation permit shall submit one set of dossiers directly or via postal office, or submit online as prescribed to an agency granting vehicle circulation permits.

2. The dossier must comprise:

a) A written request, made according to the form provided for in Appendices 1 and 2 to this Circular;

b) A copy of the vehicle registration certificate or the temporary vehicle registration certificate (for newly-received vehicles);

c) A copy of the technical safety and environmental protection inspection certificate (for road motor vehicles), or a copy of the report on specifications of the vehicle (for newly-received vehicles) that is provided by the manufacturer);

d) Transportation solution for cases subject to road inspection (if any), including the following contents: information about the transport route; information about the transport vehicle; information about cargoes certified by their owner, including size parameters of length, width and height (L x W x H) meters; volume, image (if any); transportation contract or document designating the shipping unit of the cargo owner or the transportation charterer.

3. Within 02 business days from the receipt of the complete dossier as prescribed, the competent agency specified in Article 22 of this Circular shall, based on the inspection results, grant the vehicle circulation permit, using the form provided in Appendices 3 and 4 to this Circular. In case of eligibility for grant a vehicle circulation permit, a written reply specifying the reason is required.

4. In case an inspection of the road must be conducted to provide conditions for traveling on the roads or decide on road reinforcement, within 02 business days from the receipt of the complete and valid dossier as prescribed in Clause 2 of this Article, the agency competent to grant the vehicle circulation permit shall send a written request to the organization or individual requesting the grant of vehicle circulation permit to conduct inspection or road reinforcement.

The vehicle circulation permit shall be granted within 02 business days from the date of receiving the report on the result of the inspection or road reinforcement from a qualified consulting organization.

Article 22. Competence to grant vehicle circulation permits

1. Directors of the provincial-level Departments of Transport and Director of the Department for Roads shall grant the vehicle circulation permits for travelling on road nationwide.

2. The Minister of Transport shall decide in special cases serving National defense and security, energy works, disaster prevention and search and rescue.

Article 23. Responsibilities of agencies granting vehicle circulation permits

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

2. Agencies granting vehicle circulation permits may revoke the vehicle circulation permits for cases of violations against the conditions recorded in the vehicle circulation permits or causing damages to the road facilities without completing the repair and remedy.

3. Agencies granting vehicle circulation permits shall provide guidance for organizations and individuals wishing to transport to choose a suitable route, ensuring the safety of road traffic works and safety of vehicles.

4. Agencies granting vehicle circulation permits shall provide the current conditions of road at the request of organizations and individuals or of relevant agencies that grant vehicle circulation permits.

5. Agencies granting vehicle circulation permits shall collect and use fees for grant of vehicle circulation permits according to the Ministry of Finance’s regulations.

 

Chapter VII

IMPLEMENTATION ORGANIZATION

 

Article 24. Inspection, examination, handling of violations and compensation

1. The inspection, examination and handling of violations against regulations of this Circular shall comply with the applicable laws on inspection, examination and handling of violations.

2. In case of damage to road facilities due to the circulation of overload vehicles, oversized vehicles and caterpillars traveling on roads, vehicles transporting extra-long and extra-heavy cargoes on the road without following the regulations of this Circular, individual and institutional violators shall take responsibility for compensating for damages in accordance with law provisions.

Article 25. Implementation provisions

1. This Circular takes effect from December 1, 2015, and replaces the Minister of Transport’s Circular No. 07/2010/TT-BGTVT dated February 11, 2010, defining load and limit size of roads; circulation of overloaded, oversized, and tracked vehicles on road; transportation of extra-load and super-length cargoes; and cargo loading limits of road vehicles upon participation in road transport (hereinafter referred to as Circular No. 07/2010/TT-BGTVT); the Minister of Transport’s Circular No. 03/2011/TT-BGTVT dated February 22, 2011, amending and supplementing Circular No. 07/2010/TT-BGTVT (hereinafter referred to as Circular No. 03/2011/TT-BGTVT) and Circular No. 65/2013/TT-BGTVT dated December 31, 2013, amending and supplementing Circular No. 07/2010/TT-BGTVT.

2. With regard to domestically-manufactured and -assembled vehicles:

a) The certificates of technical safety and environmental protection quality already granted to types of vehicles that are unconformable with regulations of this Circular shall be no longer valid from the effective date of this Circular;

b) The factory quality inspection sheets granted before the effective date of this Circular shall remain valid for completing procedures for vehicle registration and technical safety and environmental protection inspection.

3. With regard to imported vehicles:

a) Imported vehicles that are at Vietnamese checkpoint before the effective date of this Circular shall have their total mass (recorded in the certificates of technical safety and environmental protection quality) continue to be determined in accordance with Circular No. 07/2010/TT-BGTVT and Circular No. 03/2011/TT-BGTVT of the Minister of Transport;

b) The certificates of technical safety and environmental protection quality of imported motor vehicles and the notices of exemption from inspection of technical safety and environmental protection quality granted to imported motor vehicles that are at the Vietnamese checkpoint before the effective date of this Circular shall remain valid for completing procedures for import, for the initial inspection of technical safety and environmental protection or for the collection of registration fee or vehicle registration according to regulations.

4. Vehicles that have been issued a technical safety and environmental protection certificate before the effective date of this Circular, and carry cargoes in excess of the allowed transport volume, shall have to adjust the relevant parameters as prescribed in this Circular.

Article 26. Implementation organization

1. The Directorate for Roads of Vietnam shall:

a) Conduct inspection and supervision of the implementation of this Circular; assume the prime responsibility for, and cooperate with agencies granting vehicle circulation permits in, transmitting figures to the Directorate for Roads of Vietnam; manage the database on grant of vehicle circulation permits according to regulations;

b) Provide training courses for the implementation of this Circular; provide guidance on the use of the software for granting vehicle circulation permits for competent agencies;

c) Regularly, periodically and irregularly inspect and supervise the licensing activities by agencies granting vehicle circulation permits; handle or propose penalties for violations committed by organizations or individuals granting vehicle circulation permits in accordance with law provisions.

2. The Department for Roads, and provincial-level Departments of Transport shall:

a) Comply with this Circular;

b) Publicize procedures, fees and time for grant of vehicle circulation permits;

c) Follow the prescribed regulations on retention and reporting; connect, secure passwords and update data from the network issued by the Directorate for Roads of Vietnam;

d) Comply with and facilitate the inspection and supervision of the grant of vehicle circulation permits by functional agencies;

dd) Make quarterly or annual reports on the grant of vehicle circulation permits to the Directorate for Roads of Vietnam, using the forms provided in Appendices 5a, 5b, 5c and 6 to 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.

3. The Chief of the Ministry Office, the Chief Inspector of Ministry, Directors of Departments, Director General of the Directorate for Roads of Vietnam, Director of Vietnam Register, Director of Vietnam Railway Authority, Directors of provincial-level Departments of Transport, and heads of relevant organizations and individuals shall implement this Circular.

4. Any difficulties arising in the course of implementation of this Circular should be promptly reported to the Ministry of Transport for consideration and settlement./.

 

 

 

THE MINISTER

 

Dinh La Thang

 

* All Appendices are not translated herein.

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Circular 46/2015/TT-BGTVT DOC (Word)

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Circular 46/2015/TT-BGTVT DOC (Word)

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