Laws of Vietnam

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

DECIDES:

Article 1.- To promulgate together with this Decision the "Regulation on the land-road transport of super-sized and super-weighted cargoes."

Article 2.- This Decision takes effect 15 days after its signing. To annul the previous stipulations which are contrary to this Decision.

Article 3.- The director of the Office, the director of the Legal and Transport Department, the director of Vietnam Land Road Administration and the directors of the Communications and Transport (Traffic and Public Works) Services of the provinces and centrally-run cities, the heads of the concerned agencies and units shall have to implement this Decision.

For the Minister of Communications and Transport
Vice Minister
PHAM THE MINH

GENERAL PROVISIONS

Article 1.- Governing scope

This document governs the transport of super-sized and super-weighted cargoes by land-road transport means on the system of land roads of the Socialist Republic of Vietnam.

Article 2.- Objects of application

1. This Regulation shall apply to the agencies, organizations and individuals involved in the transport of super-sized and super-weighted cargoes.

2. In cases where an international agreement on land-road transport of super-sized and super-weighted cargoes, which Vietnam has signed or acceded to, contains provisions different from those of this Regulation, such international agreement’s provisions shall apply.

Article 3.- Responsibilities of transporting organizations and individuals

Organizations and individuals engaged in the land-road transport of super-sized and super-weighted cargoes must comply with the following regulations:

1. They are licensed by the State land road administration(s);

2. When transporting super-sized and super-weighted cargoes, they shall have to abide by the provisions in their licenses.

Article 4.- Interpretation of terms

In this Regulation, the following terms shall be construed as follows:

1. "Transport means owners" are organizations or individuals that own or use such transport means under their own names.

2. "Carrier" is the party that undertakes to transport super-sized and super-weighted cargoes.

3. "Cargo owner" is the party that hires the transportation of super-sized and super-weighted cargoes.

4. "Gross tonnage" includes the transport vehicle’s specific tonnage and the cargo’s weight.

Chapter II

TRANSPORTATION OF SUPER-SIZED AND SUPER-WEIGHTED CARGOES

Article 5.- Super-sized and super-weighted cargoes

1. Super-sized cargoes are those packed in bales, which cannot be knocked down when being loaded onto land-road transport means and each have:

The width of over 2.5 meters;

Or the height of over 4.2 meters from the ground;

Or the length of over 20 meters.

2. Super-weighted cargoes are those packed in bales, which cannot be knocked down, and weigh over 30 tons each.

Article 6.- Super-sized and super-weighted cargo transport means

1. Super-sized and super-weighted cargo transport means must have tonnages and dimensions suitable to cargo bales to be transported.

In case of necessity, transport means may be reinforced to enhance their load-bearing capacity, provided that such reinforcement is made according to the approved designs.

2. They must have valid certificates of technical safety and environmental protection.

Article 7.- Responsibilities of cargo owners

1. To notify the carriers of the weight and dimensions of their cargoes and places for loading and unloading.

2. To be responsible for cargo shipment marks (names and addresses of consignors and consignees, cargo weight and dimensions, loading and unloading methods, preservation requirements, etc.).

Signs used in the preservation, loading and unloading processes shall comply with the international practices and the State’s current regulations.

3. To fully coordinate with the carriers in solving problems arising in the course of transportation.

Article 8.- Responsibilities of carriers

1. To possess business registration certificates according to the provisions of law and have all the business conditions prescribed in the Government’s Decree No.92/2001/ND-CP of December 11, 2001 on the conditions for automobile transport business.

2. To have a contingent of drivers, technical workers and skilled workers to operate transport means and special-use equipment.

3. To assume the prime responsibility and coordinate with the concerned agencies in working out plans for transport of super-sized and super-weighted cargoes, thus ensuring safety for people, cargoes and traffic works.

The principal content of each plan shall consist of:

- Itinerary study: route, road sections, bridges and ferries to pass through.

- Positions and terrains of loading and unloading places.

- Request for guidance support to ensure traffic safety on roads when the transport means pass through.

- The speed of transport means, time of departure, stops, etc.

The study and designing for the purpose of reinforcing transport means to enhance their load-bearing capacity and passage capacity of land roads must be consented by the land road administrations.

4. To perform the transportation of super-sized and super-weighted cargoes under contracts already signed with the cargo owners.

Article 9.- Loading and unloading of super-sized and super-weighted cargoes

The cargo loading and unloading shall be conducted according to the agreement between the carrier and the cargo owner and strictly follow the preservation and loading-unloading instructions of the cargo owner.

Chapter III

LICENSING THE TRANSPORT OF SUPER-SIZED AND SUPER-WEIGHTED CARGOES

Article 10.- Granting of transport licenses

The granting of licenses for transport of super-sized and super-weighted cargoes shall be effected according to the provisions of Circular No.21/2001/TT-BGTVT of December 10, 2001 of the Minister of Communications and Transport guiding the circulation of over-load, over-sized and tracked vehicles on land roads.

Article 11.- Inspection, examination and handling of violations

The inspection, examination and handling of violations of this Regulation shall comply with the current regulations on inspection, examination and handling of violations.

Chapter IV

IMPLEMENTATION EFFECT

Article 12.- This Decision takes effect 15 days after its signing. The previous stipulations contrary to this Regulation shall all be hereby annulled.

For the Minister of Communications and Transport
Vice Minister
PHAM THE MINH