Decree 30/2024/ND-CP management of road motor vehicles brought into Vietnam by foreigners for tourism purpose

DECREE

Providing the management of road motor vehicles registered overseas and brought into Vietnam by foreigners for tourism purpose

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

Pursuant to the June 16, 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam; the November 25, 2019 Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry in, Exit from, Transit through, and Residence in Vietnam; and the June 24, 2023 Law Amending and Supplementing a Number of Articles of Law No. 49/2019/QH14 on Exit and Entry of Vietnamese Citizens and Law No. 47/2014/QH13 on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam, which has a number of articles amended and supplemented under Law No. 51/2019/QH14;

Pursuant to the June 19, 2017 Law on Tourism;

Pursuant to the June 17, 2020 Law on Enterprises;

At the proposal of the Minister of Transport;

The Government promulgates the Decree providing the management of road motor vehicles registered overseas and brought into Vietnam by foreigners for tourism purpose.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the management of road motor vehicles registered overseas (below referred to as foreign motor vehicles) and operated by foreigners joining in traffic in Vietnam for tourism purpose; and responsibilities of related organizations and individuals.

Article 2. Subjects of application

1. This Decree applies to Vietnamese organizations and individuals and foreigners related to foreign motor vehicles operated by foreigners joining in traffic in Vietnam for tourism purpose.

2. Domestic and foreign organizations and individuals related to foreign motor vehicles operated by foreigners joining in traffic in Vietnam for tourism purposes must comply with 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.

Article 3. Interpretation of terms

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

1. Foreign motor vehicles mean:

a/ Passenger cars with right-hand drive or left-hand drive, including those with up to 9 seats and caravans;

b/ Two-wheeled motorcycles.

2. Force majeure event means an unpredictable external event which cannot be immediately remediated although all necessary measures have been applied within the permitted capability, making foreigners and foreign motor vehicles unable to exit from Vietnam’s territory.

Chapter II

FOREIGN MOTOR VEHICLES JOINING IN TRAFFIC IN VIETNAM

Article 4. Conditions for foreign motor vehicles and foreigners to operate vehicles joining in traffic in Vietnam

1. General conditions for drivers and foreign motor vehicles to enter Vietnam

a/ Via a Vietnam’s international tour operator, carrying out the procedures of request for approval for organizing for foreign tourists to bring foreign motor vehicles for joining in traffic in Vietnam;

c/ Obtaining the Ministry of Public Security’s written approval for organizing for foreign tourists to bring foreign motor vehicles for joining in traffic in Vietnam.

2. Conditions for foreign motor vehicles

a/ Being road motor vehicles specified in Clause 1, Article 3 of this Decree;

b/ Having a vehicle registration certificate and vehicle number plate granted by a competent authority of the country where the vehicle is registered, which remains valid;

c/ Having a certificate of technical safety and environmental protection inspection for motor vehicles or a paper of equivalent validity granted by a competent authority of the country where the vehicle is registered (for automobiles);

d/ For foreign motor vehicles being right-hand drive automobiles, having a diplomatic note of the diplomatic mission, consular office or representative office of an intergovernmental international organization in Vietnam sent to the Ministry of Public Security, clearly stating the reason for permitting the vehicle to join in traffic in Vietnam;

dd/ Undergoing customs and temporary import for re-export procedures in accordance with the customs law at the border gates of entry and exit;

e/ Being temporarily imported for re-export only via international land, sea, inland waterway, railway or air border gates; being required to be temporarily imported for re-export at the border gates approved by the Ministry of Public Security;

g/ Being permitted to join in traffic in Vietnam for no more than 45 days. In case of a force majeure event, such period may be extended for no more than 10 days, and Clause 4, Article 5 of this Decree shall apply.

3. Conditions for a foreign motor vehicle driver:

a/ Being a foreigner;

b/ Possessing a passport or another international travel document and visa and document valid for residence in Vietnam, unless he/she is entitled to visa exemption in accordance with the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam. If entering Vietnam under the unilateral visa exemption policy, his/her passport must remain valid for at least 6 months; if using an e-visa, he/she is required to enter Vietnam via an international border gate specified under the Government’s decision;

c/ Possessing a driver license suitable to the vehicle he/she operates, issued by the country of his/her origin and remaining valid;

d/ Carrying out entry and exit procedures in accordance with the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam.

Article 5. Order and procedures for approval of Vietnam’s international tour operators to organize for foreign tourists to bring foreign motor vehicles for joining in traffic in Vietnam

1. A Vietnam’s international tour operator shall hand-deliver or send online or by post to the Ministry of Public Security 1 dossier, which must comprise:

a/ A written request for approval for organizing for foreign tourists to bring foreign motor vehicles for joining in traffic in Vietnam, made according to Form No. 01 provided in the Appendix to this Decree;

b/ A list of vehicle drivers, made according to Form No. 02 provided in the Appendix to this Decree;

c/ A copy of the international tour operator license (for international tour operators requesting for the first time the approval for organizing for foreign tourists to bring foreign motor vehicles for joining in traffic in Vietnam).

2. Within 5 working days after receiving a complete dossier specified in Clause 1 of this Article, the Ministry of Public Security shall issue a written reply on the approval or disapproval (clearly stating the reason) for organizing for a foreign tourist to bring a foreign motor vehicle for joining in traffic in Vietnam. An approval document shall be made according to Form No. 03, and a disapproval document shall be made according to Form No. 07, provided in the Appendix to this Decree, which shall be hand-delivered, or sent online or by post to the requester.

3. A written approval for a Vietnam’s international tour operator for organizing for foreign tourists to bring foreign motor vehicles for joining in traffic in Vietnam shall be notified by the Ministry of Public Security to the Ministry of Culture, Sports and Tourism, Ministry of Foreign Affairs, Ministry of Transport, Ministry of National Defense, Ministry of Finance, and related provincial-level People’s Committees for coordination in management.

4. For force majeure events specified in Clause 2, Article 3 of this Decree:

a/ An international tour operator shall hand-deliver or send online or by post to the Ministry of Public Security a report, made according to Form No. 04 provided in the Appendix to this Decree, on the reason of the delayed exit of a foreign motor vehicle against the time set in the Ministry of Public Security’s written approval;

b/ After receiving the international tour operator’s report, the Ministry of Public Security shall send a written approval for delayed exit of vehicles, made according to Form No. 05 provided in the Appendix to this Decree, to the tour operator, and concurrently to the Ministry of Culture, Sports and Tourism, Ministry of Foreign Affairs, Ministry of Transport, Ministry of National Defense, Ministry of Finance, and related provincial-level People’s Committees for coordination in management.

Article 6. Provisions for drivers and foreign motor vehicles when joining in traffic in Vietnam

1. It is required to have vehicles running ahead to provide traffic guidance for foreign motor vehicles joining in traffic in Vietnam. Guiding vehicles may be automobiles (if tourists drive automobiles) or motorcycles (if tourists drive motorcycles) arranged by Vietnam’s international tour operators, which must bear logos or fly flags showing the logos of such tour operators.

2. Drivers and foreign motor vehicles may operate only on roads within the provincial-level administrative boundaries and for the duration in Vietnam’s territory as stated in the written approval of the Ministry of Public Security.

3. When operating foreign motor vehicles joining in traffic, a driver shall strictly observe Vietnam’s law on road traffic; carry the following papers and produce them at the request of competent agencies:

a/ The passport or an international travel document or a paper related to residence in Vietnam;

b/ The driver license granted by his/her country, which is suitable to the vehicle he/she drives and remains valid;

c/ The certificate of technical safety and environmental protection inspection for motor vehicles or equivalent paper granted by a competent authority of the country where the vehicle is registered (for automobiles) and remaining valid;

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

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

e/ The customs declaration form for road vehicles temporarily imported for re-export.

Article 7. Handling of violations of foreign drivers of foreign motor vehicles

Drivers of foreign motor vehicles who violate Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party shall be handled for their violations in accordance with relevant laws.

Chapter III

RESPONSIBILITIES OF RELATED AGENCIES AND VIETNAM’S INTERNATIONAL TOUR OPERATORS

Article 8. Responsibilities of the Ministry of Public Security

1. To grant approval for Vietnam’s international tour operators to organize for foreign tourists to bring foreign motor vehicles for joining in traffic in Vietnam

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

3. To coordinate with the Ministry of National Defense and Ministry of Finance in settling temporary import and re-export procedures for foreign motor vehicles joining in traffic in Vietnam.

4. To coordinate with provincial-level People’s Committees in managing, monitoring and inspecting foreign motor vehicles joining in traffic in Vietnam.

5. In special cases in order to assure traffic order and safety and national security, the Ministry of Public Security shall decide to refuse or suspend operation of, or request change of time, routes or speed for, foreign motor vehicles joining in traffic in Vietnam for tourism purpose.

Article 9. Responsibilities of the Ministry of Culture, Sports and Tourism

1. To guide related organizations and individuals to bring foreign motor vehicles for joining in traffic in Vietnam in accordance with this Decree.

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

3. To license and manage the operation of international tour operators, particularly those directly organizing for foreign motor vehicles to join in traffic in Vietnam for tourism purpose; to coordinate with units, localities and enterprises in making road tours, routes and trips for foreign tourists, contributing to diversifying tourism products and assuring security and safety of tourists during travel.

Article 10. Responsibilities of the Ministry of Foreign Affairs

To coordinate with the Ministry of Public Security, Ministry of Transport and Ministry of Culture, Sports and Tourism in managing foreign motor vehicles joining in traffic in Vietnam.

Article 11. Responsibilities of the Ministry of Finance

To assume the prime responsibility for, and coordinate with the Ministry of Public Security and Ministry of National Defense in carrying out temporary import and re-export procedures for foreign motor vehicles joining in traffic in Vietnam in accordance with the customs law.

Article 12. Responsibilities of the Ministry of Transport

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

Article 13. Responsibilities of the Ministry of National Defense

To assume the prime responsibility for inspecting and controlling entry and exit activities at border gates under its management; to carry out border-guard procedures, procedures for grant, modification, supplementation and annulment of visas, and grant of temporary residence certificates for foreigners who enter Vietnam in accordance with the law on exit and entry; to coordinate with specialized state management agencies at border gates in supervising vehicles undergoing temporary import and re-export procedures in accordance with this Decree.

Article 14. Responsibilities of provincial-level People’s Committees

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

2. To notify the Ministry of Public Security, Ministry of Culture, Sports and Tourism, Ministry of Foreign Affairs and Ministry of Transport of incidents related to foreign motor vehicles and foreigners joining in traffic in Vietnam.

Article 15. Responsibilities of Vietnam’s international tour operators

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

2. To organize the bringing of foreign motor vehicles to join in traffic in Vietnam and out of Vietnam’s territory under regulations.

3. To observe regulations on assurance of security, order and safety when foreign motor vehicles join in traffic in Vietnam. To manage activities of foreigners based on registered programs; to coordinate in making temporary residence declaration for tourists who stay overnight on board the vehicles.

4. Within 10 days after finishing tourist programs, to send to the Ministry of Public Security reports on organizing for foreign tourists to bring foreign motor vehicles into Vietnam for tourism purpose, made according to Form No. 06 provided in the Appendix to this Decree.

5. To deal with expenses arising due to violations committed by drivers of foreign motor vehicles when joining in traffic in Vietnam.

6. To take responsibility for the accuracy and lawfulness of papers and information on drivers and foreign motor vehicles stated in the official letters sent to the Ministry of Public Security and the papers specified in Clause 3, Article 6 of this Decree.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 16. Effect

1. This Decree takes effect on May 1, 2024.

2. The Government’s Decree No. 152/2013/ND-CP of November 4, 2013, on management of motor vehicles brought into Vietnam by foreigners for tourism purpose, and the Government’s Decree No. 57/2015/ND-CP of June 16, 2015, amending and supplementing a number of articles of Government’s Decree No. 152/2013/ND-CP of November 4, 2013, on management of motor vehicles brought into Vietnam by foreigners for tourism purpose, cease to be effective on the effective date of this Decree.

3. Written approvals for international tour operators to organize for foreign tourists to bring foreign motor vehicles for joining in traffic in Vietnam issued by the Ministry of Transport before the effective date of this Decree remain valid until their expiry dates.

Article 17. Implementation responsibility

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

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

TRAN HONG HA

* The Appendix to this Decree is not translated.