Decree 80/2009/NĐ-CP

DECREE ON OPERATION OF FOREIGNERS' OVERSEAS-REGISTERED RIGHT-HAND DRIVE CARS IN VIETNAM THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the November 13, 2008 Law on Road Traffic; At the proposal of the Minister of Transport, DECREES: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Decree prescribes the operation of foreign drivers and foreigners' overseas-registered right-hand drive passenger cars in Vietnam and responsibilities of concerned organizations and individuals. Article 2. Subjects of application 1. This Decree applies to Vietnamese and foreign organizations and individuals involved in the operation of foreigners' overseas-registered right-hand drive passenger cars in Vietnam. 2. Foreigners' overseas-registered right-hand drive passenger cars operating in Vietnam must comply with this Decree and other relevant legal documents of Vietnam. When treaties to which the Socialist Republic of Vietnam is a contracting party otherwise provide, those treaties prevail. Chapter II PROVISIONS ON OPERATION OF FOREIGNERS' OVERSEAS-REGISTERED RIGHT-HAND DRIVE CARS IN VIETNAM Article 3. Conditions for a right-hand drive car to run in Vietnam 1. Being a passenger car. 2. Being owned by a foreign organization or individual, having been registered overseas and having a foreign number plate. 3. Having a valid certificate of technical safety and environmental friendliness of motor vehicles granted by a competent authority of the country where the car is registered. 4. Its driver bears the citizenship of a country which follows left hand driving rules and possesses a driving license relevant to the car. 5. Its operation in Vietnam is approved in writing by the Ministry of Transport. Article 4. Order of and procedures for approval of right-hand drive cars' operation in Vietnam 1. Organizations and individuals shall submit to the Ministry of Transport diplomatic notes of Vietnam-based diplomatic missions, consulates or representative agencies of intergovernmental organizations requesting approval for vehicles to run in Vietnam and clearly stating the reason therefore together with papers satisfying the conditions specified in Clauses 1, 2, 3 and 4,Article 3 of this Decree. 2. Within 5 working days after receiving complete and valid dossiers, the Ministry of Transport shall issue written approval for vehicles to run in Vietnam and notify such to the Ministries of Foreign Affairs; Public Security; National Defense; Finance; and Culture, Sports and Tourism for coordinated management. In case of disapproval, within 3 working days, it shall issue a written reply clearly stating the reason. 3. The Ministry of Transport's written approval must specify border gates of entry and exit and numbers of passengers and cars; designated routes and duration for vehicles to run in Vietnam. The duration for vehicles to run in Vietnam must not exceed 30 days. In force majeure circumstances, vehicles may stay in Vietnam for additional 10 days at most. Article 5. Provisions on operation of right-hand drive cars in Vietnam 1. To observe Vietnam's law on road traffic. 2. To run in groups with a guiding car only along designated routes under the Ministry of Transport's written approval. Organizations and individuals introducing right-hand drive cars into Vietnam shall arrange guiding cars and ensure traffic safety when these vehicles run in the Vietnamese territory. 3. To only operate in the Vietnamese territory according to treaties to which the Socialist Republic of Vietnam is a contracting party or the Ministry of Transport's written approval. 4. Drivers of these vehicles shall bring along the following papers: a) Papers satisfying the conditions specified in Article 3 of this Decree; b) Certificates of civil liability insurance of motor vehicle owners which are valid in Vietnam; c) Papers on temporary import of vehicles. Article 6. Handling of violations When foreigners' overseas-registered right-hand drive cars running in Vietnam and their drivers violate treaties to which the Socialist Republic of Vietnam is a contracting party and other laws on road traffic activities in Vietnam, they shall be handled under the law of Vietnam. Chapter III STATE MANAGEMENT RESPONSIBILITIES Article 7. Responsibilities of the Ministry of Transport 1. To guide organizations and individuals in introducing foreigners' overseas-registered right-hand drive cars to operate in Vietnam under regulations. 2. To approve the operation of foreigners' overseas-registered right-hand drive cars in Vietnam. 3. To coordinate with the Ministries of Foreign Affairs; Public Security; National Defense; Finance; and Culture, Sports and Tourism in organizing and managing the operation of foreigners' overseas-registered right-hand drive cars in Vietnam. 4. To coordinate with provincial-level People's Committees in managing, controlling and inspecting the operation of foreigners' overseas-registered right-hand drive cars in Vietnam. Article 8. Responsibilities of the Ministry of Foreign Affairs To coordinate with the Ministry of Transport in approving the operation of foreigners' overseas-registered right-hand drive cars in Vietnam. Article 9. Responsibilities of the Ministry of Finance To assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of National Defense in, carrying out procedures for temporary import and re­export of foreigners' overseas-registered right-hand drive cars. Article 10. Responsibilities of the Ministry of Public Security 1. To coordinate with the Ministry of National Defense and the Ministry of Finance in processing procedures for temporary import and re-export of foreigners' overseas-registered right-hand drive cars running in Vietnam. 2. To handle violations of this Decree and other relevant laws. Article 11. Responsibilities of the Ministry of National Defense To inspect, control and coordinate with the Ministry of Public Security and the Ministry of Finance in processing procedures for, temporary import and re-export of foreigners' overseas-registered right-hand drive cars running in Vietnam. Article 12. Responsibilities of the Ministry of Culture, Sports and Tourism To coordinate with the Ministries of Transport; Public Security; Foreign Affairs; National Defense, and Finance in organizing and managing the operation of foreigners' overseas-registered right-hand drive cars in Vietnam for tourism purpose. Article 13. Responsibilities of provincial-level People's Committees To direct local functional agencies in managing and inspecting the operation of foreigners' overseas-registered right-hand drive cars in Vietnam under this Decree. Chapter IV IMPLEMENTATION PROVISIONS Article 14. Effect This Decree takes effect on November 15, 2009. Article 15. Implementation responsibilities Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees and concerned enterprises and individuals shall implement this Decree.