THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to Enterprises Law No.13/1999/QH10 of December 6, 1999;
Pursuant to the Government�s Decree No.03/2000/ND-CP of February 3, 2000 guiding the implementation of a number of articles of the Enterprises Law;
Pursuant to the Government�s Decree No.30/2000/ND-CP of August 11, 2000 on annulling a number of permits/licenses and converting some others into business conditions;
At the proposals of the director of the Legal Affairs- Transport Department and the heads of the relevant departments,
DECIDES:
Article 1.- To promulgate communications and transport licenses/permits stipulated in laws, ordinances and decrees, which are still effective, and regulations on the procedures, conditions, agencies competent to grant licenses/permits as well as their durations strictly according to the List issued together with this Decision.
Article 2.- This Decision takes effect as from October 1
| | | Legal bases | | | | |
No. | Names of licenses/
permits | Laws, ordinances, decrees (quoted regulations) | Legal documents issued
by the Ministry of Communications and Transport (MoCT), including specific provisions on the procedures, conditions, agencies competent to grant licenses and licenses� effective duration | Licensees | Licensing procedures and conditions | Licensers | Licenses�
effective
duration |
1 | Driver- training licenses | The provisions of Clause 1, Article 31 of the Regulation issued together with the Government�s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety | The MoCT�s Decision No. 2597/1998/QD-BGTVT of October 19, 1998 promulgating the Regulation on management, training, examination and granting of driving licenses | Driver-training establishments set up by competent agencies, including driver-training schools and driver-training centers | According to the provisions of the MoCT�s Decision No. 2597/1998/QD- GTVT of October 19, 1998 | MoCT | 5 years for driver-training schools and 3 years for driver-training centers |
2 | Licenses for driving practice (accompanied with the "driving practice" board posted up in the front and at the rear of the vehicles | Provisions of Clause 1, Article 46 of the Government�s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety | The MoCT�s Decision No. 2597/1998/QD-GTVT of October 19, 1998 promulgating the Regulation on management, training, examination and granting of driving licenses | Motorized vehicles for driving-trainees | According to the provisions of the MoCT�s Decision No. 2597/1998/QD-GTVT of October 19, 1998 | Vietnam Land Road Administration, provincial/municipal Communications and Transport Services as well as Public Works Services | 1 year |
3 | Licenses for technical safety expertise of motorized vehicles | Provisions of Article 18 of the Government�s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety | The MoCT�s Decision No. 214/1999/QD-BGTVT of January 23, 1999 issuing the branch standards: standards for motorized vehicle-registry stations with registration number 22TCN 226-99 | Motorized vehicle- registry stations | According to the provisions of the MoCT�s Decision No. 214/1999/QD-BGTVT of January 23, 1999 issuing the branch standards: standards for motorized vehicle- registry stations with registration number 22TCN 226-99 | Vietnam Registry, Center for management of equipment quality and motorized vehicles | 1 year |
4 | Operation licenses for inland ports and wharves | Provisions of Article 37 of the Government�s Decree No. 40/CP of July 5, 1996 on ensuring inland waterway traffic order and safety; and Clause 3, Article 30 of the Government�s Decree No. 171/1999/ND-CP of December 7, 1999 detailing the implementation of the Ordinance on protection of traffic works regarding inland waterway traffic works | The MoCT�s Decision No. 2046/QD-PC of August 6, 1996 on the Regulation for management of inland ports and wharves; Decision No. 3089/1999/QD-BGTVT of December 30, 1999 amending and supplementing a number of articles of the Regulation for management of inland ports and wharves | Domestic and foreign organizations and individuals conducting business activities in the exploitation of inland ports and wharves | According to the provisions of the Regulation issued together with the MoCT�s Decision No. 2046/QD-PC of August 6, 1996 and Decision No. 3089/1999/QD-BGTVT of December 30, 1999 amending and supplementing a number of articles of the Regulation for management of inland ports and wharves | The directors of the centrally-run inland waterway management sections shall grant licenses to cargo wharves on the routes under their respective management; the directors of the provincial/municipal Communications and Transport/Public Works Services shall announce and grant licenses to cargo and passenger ports and wharves on rivers and canals in localities | 12 months for operation licenses of inland wharves |
5 | Special circulation permits (2 types: one for oversized and over-loaded vehicles and another for super-long and super-weight vehicles) | Provisions of Clause 1, Article 19 of the Government�s Decree No. 36/CP of May 29, 1995 on ensuring road and urban traffic order and safety | The MoCT�s Circular No. 112/1998/TT-BGTVT of April 29, 1998 guiding the management and granting of special circulation permits for over-loaded and oversized vehicles as well as caterpillars on land roads | Oversized and over-loaded as well as super-long and super-weight motorized vehicles and caterpillars | According to the provisions of the MoCT�s Circular No. 112/1998/TT-BGTVT of April 29, 1998 | - The directors of land road managing agencies shall grant permits for circulation of oversized and over-loaded vehicles throughout the country; the directors of the provincial/municipal Communications and Transport/Public Works Services shall grant permits for their circulation in the provinces and cities | - For oversized and over-loaded vehicles, the permits� duration shall be requested by the vehicles� owners, which, however shall not exceed 90 days - For super-long and super-weight vehicles as well as caterpillars, the permits� duration shall depend on each cargo transportation which, in special cases, may be 30 days at most |
6 | Licenses for construction of land road- related works | Provisions of the Ordinance on protection of traffic works and the Government�s Decree No. 172/1999/ND-CP of December 7, 1999 guiding the implementation of the Ordinance on protection of traffic works regarding land road traffic works | The MoCT�s Decision No. 2923/QD-DB of November 2, 1996 on licensing the construction of land road- related works | Owners of land road traffic works | According to the provisions of the MoCT�s Decision No. 2923/QD-DB of November 2, 1996 on licensing the construction of land road-related works | The Vietnam Land Road Administration shall grant licenses to group A- B- and C- projects; - The land road managing agencies, provincial/municipal Communications and Transport/Public Works Services shall grant licenses to the works for which the project elaboration is not required; - The provincial/municipal Communications and Transport/Public Works Services shall grant licenses for construction of the locally-run roads | - The licenses� durations shall correspond to the works� construction durations already approved by the competent authorities |