Agreement road transport between The government of the socialist republic of Vietnam and The government of the kingdom of Cambodia

AGREEMENT

ROAD TRANSPORT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF THE KINGDOM OF CAMBODIA

The Government of the Socialist Republic of Vietnam and the Government of the Kingdom of Cambodia (hereinafter referred to as “Contracting Parties”);

With the aim of strengthening relations between the people of both countries based on the principle of equality and mutual interests;

Desiring to facilitate road transportation of goods and passengers (including tourists) between the two countries;

Have agreed as follows:

Article 1. General provisions

1. The Contracting Parties hereby agree to perform bilateral road transportation of goods and passengers (including tourists) between the two countries through border checkpoints agreed upon by the Contracting Parties.

2. The Contracting Parties have equal rights and opportunities regarding the bilateral road transportation of goods and passengers (including tourists) between the two countries.

3. Other matters concerning road transportation between the two countries, such as organization and forms of transport, identification of transportation routes, delivery, warehouses, traffic fees, and other fees, shall be agreed upon by the competent authorities of the Contracting Parties.

Article 2. Definitions

For the purpose of this Agreement, the following terms shall be construed as follows:

1. “Territories” include the Socialist Republic of Vietnam and the Kingdom of Cambodia

2. “Competent authorities” refer to:

On the Vietnam side, the Ministry of Transport of Vietnam and any authority authorized by the said Ministry

On the Cambodia side, the Ministry of Public Works and any authority authorized by the said Ministry.

3. “Carrier” refers to any legal person who, in either the territory of the Socialist Republic of Vietnam (hereinafter referred to as “Vietnam”) or the territory of the Kingdom of Cambodia (hereinafter referred to as “Cambodia”), authorized to engage in the road transportation of passengers (including tourists) and goods under relevant national laws and regulations.

4. “Passenger vehicle” refers to a road motor vehicle which:

a. is manufactured or modified for use on roads for passenger transportation

b. has at least 10 seats, including the driver’s seat;

c. is registered in the territory of one of the Contracting Parties and is owned by the carrier authorized in that territory to transport passengers (including tourists).

5. “Taxi” refers to a road motor vehicle which:

a. is manufactured for use on roads for passenger transportation;

b. has at least 5 seats, including the driver’s seat, and a “Taxi” sign on the roof of the vehicle;

c. is registered in the territory of one of the Contracting Parties.

6. “Non-commercial vehicle” refers to a road motor vehicle which:

a. is manufactured for use on roads for passenger transportation;

b. has no more than 9 seats, including the driver’s seat;

c. is registered in the territory of one of the Contracting Parties.

d. is not used for commercial transport services.

7. “Goods vehicle” refers to a road motor vehicle which:

a. is manufactured or modified for use on roads for goods transportation;

b. is registered in the territory of one of the Contracting Parties and is owned by the carrier authorized in that territory to transport goods.

8. “Trailer or semi-trailer” refers to any vehicle designed to be drawn by another motor vehicle which:

a. is manufactured or modified for use on roads for goods transportation;

b. is registered in the territory of one of the Contracting Parties and is owned by the carrier authorized in that territory to transport goods;

c. a trailer or semi-trailer attached to a motor vehicle is considered a vehicle as a whole.

Article 3. Authorizations

1. The competent authority of each Contracting Party shall issue the Transport Permit for each of the road transport vehicles of their respective countries to perform cross-border transportation of goods and passengers between the two countries in conformity with the permit format mutually agreed upon by the Contracting Parties.

2. The following vehicles, registered in Vietnam or Cambodia, shall be permitted to pass through the designated border checkpoints either between the territories of the Contracting Parties or be in transit through the territories of either Contracting Parties: diplomatic vehicles, international organizations’ vehicles, Government’s vehicles, official work vehicles, vehicles driven by foreign businessmen, and ambulances.

Article 4. Number plate, driver's license, transport permit, and third-party liability insurance

1. Goods vehicles and passenger vehicles (including tourist vehicles) of one Contracting Party, when in the other Contracting Party’s territory, shall:

a. bear a registered number plate issued by the competent authority of one Contracting Party.

b. possess an intermodal transport permit and a special badge issued by the competent authority of one Contracting Party. The form of the intermodal transport permit and the badge shall be agreed upon by the competent authorities of the Contracting Parties.

c. possess a transport permit issued by the competent authority managing vehicles of one Contracting Party;

d. fulfill the vehicle owner's civil liability insurance obligations for the third party.

2. Non-commercial vehicles shall have all the documents stipulated by the competent authorities of the Contracting Parties.

3. All drivers shall possess unexpired national or international driver’s licenses that are conformable with the category of their vehicles and permitted for use in the territory of the other Contracting Party.

Article 5. People’s travel and valid passport and visa

1. The travel by people living in border areas of the Contracting Parties shall be subject to another Agreement;

2. All people, including drivers, shall possess unexpired passports and appropriate visas when crossing by road into the territory of the other Contracting Party;

3. Drivers and persons who perform frequent cross-border transport using road transport vehicles shall be prioritized for grant of multiple-entry/exit visas;

4. The types of passports and visas shall comply with the regulations of the Government of either Contracting Party.

Article 6. Document presentation

Permits and papers relevant to passengers, goods, and vehicles prescribed in this Agreement shall always be carried for presentation upon requests from competent authorities of either Contracting Parties.

Article 7. Cabotage restriction

Goods vehicles and passenger vehicles (including tourist vehicles) and taxis of one Contracting Party, when operating in the territory of the other Contracting Party, shall be prohibited from picking up goods or passengers (including tourists) from any point and dropping off passengers or delivering the goods at any other point in the latter Contracting Party’s territory (except for those authorized by the competent authority of the latter Contracting Party).

Article 8. Operating routes

All transport vehicles, excluding non-commercial vehicles prescribed in Clause 2 of Article 3 operating under this Agreement, shall follow the border checkpoints and routes specified in the transport permits.

Article 9. Fuel and supplies for vehicles and environmental protection

1. The following items brought into the territory of the other Contracting Party shall be subject to customs declaration and exempted from import/export tariffs:

a. Fuel contained in the fuel tanks of road transport vehicles technically and structurally installed under manufacturers’ design;

b. Lubricants in quantity necessary for engines during transport operations;

c. Spare parts and necessary tools for vehicles;

d. Unused spare parts and supplies or defective spare parts and supplies dismantled from vehicles shall be brought back to the other territory.

2. Road transport vehicles of each Contracting Party, when transporting goods and passengers in the territory of the other Contracting Party, shall not leave any substance that may damage the environment of such Contracting Party.

Article 10. Customs formality priorities

The order of priorities for completing customs formalities for crossing the border checkpoints between the Contracting Parties’ territories shall be as follows:

1. First priority: Transport of patients with severe sickness, tourists, passengers, and corpses.

2. Second priority: Transport of perishable goods and fresh vegetables.

3. Third priority: Transport of cattle and dangerous goods.

Article 11. Transit fees and charges

The owners of commercial transport vehicles and non-commercial vehicles registered in the territory of one Contracting Party, when entering the territory of the other Contracting Party, shall pay the transit fees and other charges, such as road tolls, ferry fees, etc.; transit fees and other charges shall be determined by the competent authorities of the Contracting Parties through mutual consultation.

Article 12. Law compliance and prohibition or discrimination against passengers, tourists, and vehicles

1. Owners of vehicles permitted to operate transport services using passenger vehicles, goods vehicles, and taxis between the territories of the Contracting Parties or in transit through the territory of either Contracting Party shall comply with the national laws and regulations in force in the respective territory.

2. Non-commercial vehicles, passenger vehicles (including tourist vehicles), taxis, and goods vehicles of one Contracting Party, when entering or performing transport operations in the territory of the other Contracting Party, shall comply with the national laws and regulations in force in the territory of the latter Contracting Party.

3. Neither of the Contracting Parties may impose stricter regulations on passenger vehicles, goods, nor taxis of the other Contracting Party compared to the regulations currently applicable to their transport vehicles.

Article 13. Accidents and incidents

Where any transport vehicle of one Contracting Party is faced with an accident or incident while operating in the territory of the other Contracting Party, the competent authority where the accident or incident occurred shall resolve it according to its local laws and inform the competent authority of the other Contracting Party of the situation and results of the action taken.

Article 14. Dispute settlement

1. All disputes arising from the improper application or misinterpretation of this Agreement during its implementation shall be negotiated and resolved by the competent authorities of the Contracting Parties through diplomatic means.

2. All disputes arising among carriers concerning the execution of contracts shall be negotiated and resolved by such carriers. Where consent cannot be reached, disputes shall be settled under the current local laws. Where consent cannot be reached after the settlement under the current local laws, disputes shall be settled by international arbitration.

Article 15. Revision-amendment

1. During the implementation of this agreement, either Contracting Party may provide written notice on the revision or amendment to the Agreement for the other Contracting Party, to which the other Contracting Party shall reply in writing within 30 days of receipt of such notice.

2. The provisions amended or revised through mutual consent shall considered legal and integral parts of this Agreement.

Article 16. Effectiveness of relevant treaties

The provisions of this Agreement shall not affect the benefits and obligations of each Contracting Party as specified in existing international treaties to which either of the Contracting Parties is a signatory.

Article 17. Exclusion of third-party transport vehicles

This Agreement shall not apply to road transport vehicles registered in a third country in transit through the territory of one Contracting Party to enter the territory of the other Contracting Party. It also shall not apply to road transport vehicles registered in the third party transporting passengers and/or goods from the territory of one Contracting Party to the territory of the other Contracting Party.

Article 18. Implementing authorities

1. The two Governments of the Contracting Parties shall authorize the Ministry of Transport of Vietnam and the Ministry of Public Works of Cambodia to elaborate on the implementation of this Road Transport Agreement.

2. The Ministry of Transport of Vietnam and the Ministry of Public Works of Cambodia shall authorize an authority responsible for guiding, inspecting, and supervising the implementation of this Agreement, issuing transport permits to transport vehicles, and resolving relevant issues during the implementation of this Agreement.

Article 19. Entry into force and validity

1. This Agreement shall be valid for three years from its date of signing.

2. This Agreement shall thereafter automatically be renewed every three years if neither of the Contracting Parties issue written notice on the termination of the Agreement through their Ministry of Foreign Affairs six months before it ceases to have effect.

3. Amendments during the effective period of this Agreement:

- This Agreement may be amended under written agreements between the Contracting Parties. Amended provisions shall take effect as of the signing date of the mentioned agreements.

- This Agreement shall not take effect if either Contracting Party issues written notice on the termination of the Agreement through its Ministry of Foreign Affairs, and this Agreement will enter into force within 6 months after the date on which the other Contracting Party notifies the receipt of the said notice.

- This Agreement was made in Hanoi on June 1, 1998 into two originals in Vietnamese, Khmer, and English, each text being equally authentic. In case of divergence of interpretation, the English text shall prevail.