Cross-Border Transport Agreement

Part I: General Provisions

Article 1: Purpose and Objectives

The objectives of the Agreement are:

1. to facilitate the cross-border transport of goods and People between and among the Contracting Parties
2. to simplify and harmonize legislation, regulations, procedures, and requirements relating to the cross-border transport of goods and People; and
3. to promote multimodal transport.

Article 2: Scope of Application

1. The Agreement applies to cross-border (into, out from, or across the territory of one of the Contracting Parties) transport (either carried by a Vehicle or not, either conveyed commercially by public operators or privately, and either Transported for Own Account or for hire or reward) by road (including river crossing by ferry, where there is no bridge) of either goods or People.
2. Unless expressly stated otherwise, the Agreement does not deal directly with trade and immigration matters. Consequently, it does not affect the right of the Contracting Parties to make the admission to their territory subject to their laws and regulations on import/export/transit of goods and entry/exit/transit of People.

Article 3: Definitions of Terms Used in the Agreement

For the purposes of the Agreement, the following meanings shall apply to the underlined terms:

1. Agreement: this Agreement together with its Annexes and Protocols between and among the Governments of the Lao People’s Democratic Republic, the Kingdom of Thailand, and the Socialist Republic of Viet Nam for the Facilitation of Cross-Border Transport of Goods and People.
2. Annex: an attachment to the Agreement that will contain technical details. An Annex forms an integral part of the Agreement and will be equally binding.
3. Cabotage: internal transport between two points situated within the territory of one Contracting Party performed by a Transport Operator established in another Contracting Party.
4. Competent Authority: agency or agencies appointed by the government and responsible for the implementation of the Agreement.
5. Dangerous Goods: goods of the categories defined in Annex 1.
6. Domestic Traffic: transport within the territory of one Contracting Party.
7. Home Country: for People, the country of usual residence; for Transport Operators, the country of establishment; for Vehicles, the country of registration.
8. Host Country: the country where transport is performed.
9. Landlocked Country: a country that has no sea-coast.
10. Motor Vehicle: a power-driven Vehicle that is normally used for carrying People or goods by road of the types defined in Annex 2.
11. Non-scheduled Transport Service: a transport service that does not qualify as a scheduled service.
12. People: refers to people engaged in transport operations and people not engaged in transport operations, including passengers and tourists.
13. Perishable Goods: goods of the categories defined in Annex 3.
14. Protocol: an attachment to the Agreement that will contain time- and/or site-specific variable elements. A Protocol forms an integral part of the Agreement and will be equally binding.
15. Road Transportation: includes river crossing by ferry where there is no bridge available.
16. Scheduled Transport Service: a transport service over a specified route, according to a fixed route table with predetermined stopping places and for which set fares are charged, accessible to everyone either on a first-come, first-served basis, or with prior booking.
17. Third Country: a country that is not a Contracting Party to the Agreement.
18. Transport Operator: a natural or legal private or public person who carries goods and/or People by road for reward.
19. Transport for Own Account: a transport operation that is an ancillary activity of an enterprise in view of moving its employee or the goods that are the object of its commercial activity in Vehicles owned by the enterprise and driven by its employees.
20. Transit Country: a country through the territory of which traffic in transit passes.
21. Transit Traffic: transport of goods across the territory of a Contracting Party when the passage through this territory is only a portion of a complete journey starting and ending beyond the frontiers of a Contracting Party across whose territory the traffic passes.
22. Vehicle: any means of road transport.

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