As regional development cooperation with neighboring countries continues to be promoted, international transport activities are essential and deserve particular attention. So how should we understand the GMS international road transport permit and the related issues surrounding it? Let’s join NPLaw in exploring the current legal provisions related to this matter below.

I. Understanding the GMS International Road Transport Permit

Currently, the transportation of goods across countries within the Mekong Subregion (GMS) requires an international road transport permit. Vehicles lawfully owned or used by enterprises or cooperatives that have been issued the GMS international road transport permit are allowed to transport passengers and goods. Accordingly, vehicles of such entities may only operate transport activities along designated corridors, routes, and pairs of border gates.

II. Legal provisions on the GMS International Road Transport Permit

1. What is the GMS International Road Transport Permit?

According to Article 11 of Decree No. 119/2021/ND-CP regulating procedures for issuance, reissuance, and revocation of cross-border road transport permits:

- The GMS international road transport permit is issued to Vietnamese transport enterprises operating international road transport within the GMS framework by the Directorate Roads of Vietnam.

Thus, the GMS international road transport permit is a permit issued by the Directorate for Roads of Vietnam to Vietnamese transport enterprises that carry out international road transport operations within the GMS framework.

2. Procedures for Issuing the GMS International Road Transport Permit

Pursuant to Clauses 2 and 4 of Article 11, Decree No. 119/2021/ND-CP:

- Dossier components: Application form for issuance or reissuance of the GMS international road transport permit, using Form No. 01, Appendix II issued with Decree 119/2021/ND-CP.

- Procedures:

+ Step 1: The transport enterprise submits 01 application dossier for the issuance or reissuance of the GMS permit to the competent authority through one of the following methods: in person, online, or by post.

+ Step 2: The competent authority receives and checks the dossier.

+ For dossiers submitted in person or by post, officials will enter dossier information into the online public service system of the permit-issuing authority.

+ If any dossier needs to be amended or supplemented, the authority will notify the transport enterprise directly, in writing, or via the online system within 01 working day of receiving the dossier.

+ Step 3: Within 02 working days from the date of receiving a complete and valid dossier, the competent authority shall issue the GMS permit using Form No. 02, Appendix II of Decree 119/2021/ND-CP.

+ If the permit is not issued, the authority must provide a written or electronic explanation via the public service portal.

+ Step 4: Results are returned at the authority’s office, by post, or electronically as regulated.

+ In case the permit is lost or damaged, the enterprise must submit a reissuance application as above.

3. Cases where the GMS Permit is revoked

According to Clause 1, Article 12, Decree No. 119/2021/ND-CP, The competent authority shall revoke the permit if the transport enterprise commits any of the following violations:

1. Conducting transport operations inconsistent with the GMS permit;

2. The automobile transport business license is revoked by the competent authority;

3. The specialized state management authority at the border gate requests revocation due  to violations related to immigration, import-export, or border gate activity regulations;

4. Termination of business activities in accordance with the law.
 

Hence, the permit may be revoked in the following circumstances:

- The enterprise engages in transport activities inconsistent with the permit;

- Its automobile transport business license is revoked;

- The specialized authority at the border gate requests revocation due to violations in immigration/export-import activities or border gate management regulations;

- The enterprise ceases operations under the law.

4. What information is included in the application form?

The application form for the GMS international road transport permit includes:

- Name of the applicant unit requesting the GMS permit;

- Information about the transport unit;

- Information on the automobile transport business license;

- Reason for requesting the GMS permit;

- Signature.

III. Questions about the GMS International Road Transport Permit

1. Which authority issues the GMS Permit?

According to Clause 3, Article 11 of Decree 119/2021/ND-CP:

- The Directorate for Roads of Vietnam is the agency responsible for issuing GMS international road transport permits to eligible Vietnamese transport enterprises.

2. How long does it take to issue the GMS Permit?

According to Point c, Clause 4, Article 11, Decree 119/2021/ND-CP:

- Within 02 working days from receiving a valid and complete dossier, the competent authority shall issue the GMS permit according to Form No. 02 of this Decree. In case of refusal, reasons must be stated via written notice or through the online public service system.

Thus, the time limit for issuing the GMS permit is 2 working days from the date of receiving a valid dossier.

IV. Legal consulting services for GMS International Road Transport Permits

The above is comprehensive information provided by NPLaw to support clients on issues related to the GMS international road transport permit. If you have any further questions on the above matter or other legal issues, please contact NPLaw for direct advice and assistance.