Decision No. 55/2002/QD-TTg dated April 23, 2002 of the Prime Minister on experimental reform of administrative procedures at sea ports in Ho Chi Minh city area

DECISION

ON EXPERIMENTAL REFORM OF ADMINISTRATIVE PROCEDURES AT SEA PORTS IN HO CHI MINH CITY AREA

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Government’s Decree No. 22/CP of March 22, 1994 on the tasks, powers, State management responsibility and organizational structure of the Ministry of Communications and Transport;

Pursuant to the Prime Minister’s Decision No. 136/2001/QD-TTg of September 17, 2001 approving the overall program on State administrative reform in the 2001-2010 period;

At the proposal of the Minister of Communications and Transport in Report No.126/TTr-BGTVT of January 14, 2002,

DECIDES:

Chapter I

GENERAL PROVISIONS

Article 1.-To permit the experimental reform of administrative procedures for vessels entering and leaving sea ports in Ho Chi Minh City area, except for foreign military ships and nuclear-powered sea-going ships, ships of Vietnam’s armed forces in service of security and defense purposes and other State public-duty ships operating at seaports in Ho Chi Minh City area.

Article 2.-Interpretation of terms and phrases

In this Decision, the following terms and phrases shall be construed as followed:

1. "The specialized State management agencies" are organizations assigned to perform the function of specialized State management at Ho Chi Minh City’s seaports, including Saigon Port Authority, Saigon Port Border Guards, Saigon Port Customs Sub-Department, Ho Chi Minh City’s International Medical Quarantine Center, Region II Plant Quarantine Sub-Department, Ho Chi Minh City area’s Veterinary Center.

2. "Vessels" include sea-going ships, domestic water means of Vietnam with the gross tonnage of 50 GT or dead weight tonnage of 100 DWT or higher and assorted foreign ships and boats.

3. "Ship owners" are persons who own, manage and exploit sea-going ships or their lawfully authorized persons.

Chapter II

PROCEDURES FOR VESSELS ENTERING AND LEAVING PORTS

Article 3.-Procedures for foreign vessels to enter ports

1. The application for permission for foreign vessels to enter ports shall comply with the following regulations:

a) Within 24 hours before the ships are expected to arrive at Vung Tau Buoy Zero water area, the ship owners must send to Saigon Port Authority written applications for permission for their ships port entry with the following contents:

- The name, nationality, call-out and registration place of the ship and the name of the ship owner;

- The length, width, height and water-line of ship when arriving at port;

- The gross tonnage, full tonnage; the volume and types of cargo;

- The number of crew members, passengers and other persons onboard the ship;

- The name of departure port and the estimated time of arrival at Vung Tau Buoy Zero;

- The purpose of port entry, the estimated time of departure from the port and the name of the next port;

- The names of the agent, representative of the ship owner in Vietnam.

b) Within no more than 2 hours after receiving the application for permission as prescribed in Item a, Clause 1 of this Article, Saigon Port Authority must reply the ship owners in writing on its approval or disapproval; in case of disapproval, clear reasons therefor must be given.

2. Exemption of permission application procedures for foreign vessels to enter ports:

a) The registered vessels carrying the national flags of the countries which have signed maritime agreements with Vietnam containing provisions on exemption of permission application procedures for one signatory party’s ships entry in the other signatory party’s ports.

b) Vessels transporting cargoes or passengers of foreign countries, which have arrived at ports within no more than 12 months as from the date of their last departure from ports.

Article 4.-Notification on vessels arrival at ports

1. Within 8 hours before ships are expected to arrive in the water area of Vung Tau Buoy Zero, the ship owners must send "The ships port entry/departure declaration" (Annex 1, not printed herein) to Saigon Port Authority.

2. For entering foreign and Vietnamese vessels, after receiving the "ships port entry/departure declaration", Saigon Port Authority must immediately notify such to the specialized State management agencies at sea ports in Ho Chi Minh City area.

Article 5.-Confirmation report on ships port arrival

1. Within no more than 2 hours before ships are expected to arrive in the water area of Vung Tau Buoy Zero, the ship owners must report thereon with confirmation to Saigon Port Authority.

2. After receiving the confirmation report of the ship owners, the Saigon Port Authority must immediately notify such to the specialized State management agencies and Vung Tau Port Authority for coordination in the implementation of tasks according to regulations.

Article 6.-Dispatching vessels into ports

1. Based on the practical conditions to ensure maritime safety, to prevent environmental pollution and on the exploitation control plans of ports supplied by port enterprises or cargo owners, Saigon Port Authority shall inform the ship owners and Region I Pilotage Company of the decision to dispatch ships from Vung Tau Buoy Zero water area to moorage or anchorage places in such sea ports.

2. In case of entering foreign vessels or Vietnamese vessels, immediately after deciding to dispatch ships into the port, Saigon Port Authority, shall, apart from notifying the provisions in Clause 1 of this Article, have to notify the specialized State management agencies of the time and places designated for the ships moorage or anchorage in the port.

Article 7.-Venue, time limits and papers for carrying out procedures for ships to enter ports

1. For Vietnamese ships operating on domestic routes:

a) Venue for carrying out the procedures: The office of Saigon Port Authority.

b) The time limit for carrying out the procedures by ship owners: Within 2 hours after their ships are moored or anchored in wharf or in front of the port’s water frontage, or 4 hours after the ships are moored in other water areas of the port.

c) The time limit for carrying out the procedures by Saigon Port Authority: Within 01 hour after the ship owners have submitted and presented all valid papers prescribed at Point d below:

d) When carrying out the procedures, the ship owners must submit and produce the following papers:

- Papers to be submitted:

+ The ships arrival/departure declaration;

+ The list of crew members;

+ The list of passengers (for passenger ships).

- Papers to be presented (the originals):

+ The vessel registration certificate;

+ The ship’s technical safety certificates as prescribed;

+ The crew members book or corresponding book;

+ The crew members professional qualification certificates as prescribed;

2. Entering Vietnamese and foreign vessels:

a) Venue for carrying out the procedures: The office of Saigon Port Authority.

Particularly for passenger ships and ships operating on fixed routes, if the specialized State management agencies regarding border guard and/or quarantine deem it necessary to embark the ships for actual inspection, the venue for carrying out the entry procedures may be on board the ships which are moored or anchored at Vung Tau Buoy Zero water area or in the course of ships moving from Vung Tau Buoy Zero water area into the ports and be carried out only by the above-said requesting agencies.

b) The time limit for carrying the procedures by ship owners: Within 02 hours after the ships are safely moored or anchored at the places designated by Saigon Port Authority.

c) The time limit for carrying out the procedures by specialized State management agencies: Within 01 hour after the ship owners submit and present all the following valid papers:

- Papers to be submitted:

+ The ship’s port entry/departure declaration;

+ The list of crew members;

+ The list of passengers;

+ The ship’s reserve declaration;

+ The declaration of cargoes, crew members luggage (made according to form set by the General Department of Customs);

+ The international medical quarantine declaration (made according to form set by the Health Ministry);

+ The plant quarantine declaration (made according to form set by the Ministry of Agriculture and Rural Development);

+ The animal quarantine declaration (made according to form set by the Ministry of Agriculture and Rural Development).

+ The declaration of tools banned from use in ports (made according to form set by the Border Guard).

- Papers to be presented (the originals):

+ The vessel registration certificate;

+ The ship’s technical safety certificates as prescribed;

+ The crew members book ( for Vietnamese vessels);

+ The crew members passports;

+ The crew members international vaccination tickets;

+ Papers related to goods imported, on transit, temporarily imported for re-export;

+ Medical quarantine certificate;

+ Plant quarantine certificate;

+ Animal quarantine certificate or animal product certificates (if cargoes are animal products) of the exporting countries.

For passenger ships, the passengers must produce the following papers (when so requested):

+ Passports;

+ International vaccination slips.

Article 8.-Confirmation report on ships departure from port

1. Within 02 hours before their ships leave ports, the ship owners shall have to confirm with Saigon Port Authority the ships names and the planned time of their departures.

2. For departing vessels, immediately after receiving the confirmation report from the ship owners, Saigon Port Authority must immediately notify the specialized State management agencies thereof for carrying out in time the procedures for the ships to exit.

Article 9.-Venue, time limits and papers for carrying out procedures for ships departure from ports

1. Vietnamese vessels operating on domestic routes:

a) Procedure-completing venue: The office of Saigon Port Authority.

b) The time limit for carrying out procedures by ship owners: Within 02 hours before the ship leave ports.

c) The time limit for carrying out procedures by Saigon Port Authority: Within 01 hour after the ship owners produce all valid papers as provided for at Point d below.

d) When carrying out the procedures, the ship owners shall have to submit and present the following papers:

- To submit 01 copy of the ship’s arrival/departure declaration;

- To present the ship’s certificates and the crew members professional qualification certificates (in case of changes as compared to the time of arrival);

- To produce papers related to certified payment of charges and/or fees or the repayment of debts as provided for by law.

2. Exiting Vietnamese and foreign vessels:

a) Procedure-completing venues: The office of Saigon Port Authority, particularly for passenger ships and ships operating on fixed routes, the procedure-completing venues shall be on board the ships.

b) The time limit for carrying out the procedures by ship owners: Within 02 hours before ships leave ports. Particularly for passenger ships and ships on fixed routes, the deadline shall be the time immediately before the ships are going to leave the ports.

c) The time limit for carrying out the procedures by specialized State management agencies: Within 01 hour as from the time the ship owners have submitted and presented all the valid papers as provided for at Point d below.

d) When carrying out the procedures, the ship owners shall have to submit and present the following papers (the originals):

- Papers to be submitted:

+ 01 copy of the ship’s port entry/departure declaration;

+ 01 copy of the list of crew members, in case of changes as compared to the time of arrival;

+ 01 copy of the list of passengers, in case of changes as compared to the time of arrival;

+ 01 copy of the ship’s reserve declaration;

+ 01 copy of the declaration on crew members luggage (made according to form set by the General Department of Customs);

+ Papers already granted by specialized State management agencies to the ship, crew members and passengers according to current regulations (for retrieval).

- Papers to be presented:

+ The ship’s certificates (in case of changes as compared to the time of arrival);

+ The crew members professional qualification certificates (in case of changes as compared to the time of arrival);

+ Passports of crew members, passport of passengers;

+ The crew members and passengers international vaccination certificates (in case of changes as compared to the time of arrival);

+ The medical quarantine certificate;

+ The animal quarantine certificate or animal product certificates (if cargoes are animal products) of the Regional Veterinary Center under the Veterinary Department;

+ Papers related to goods exported, on transit, temporarily imported for re-export or trans-shipped according to regulations;

+ Papers related to the certified payment of charges, fees or the repayment of debts according to the provisions of law.

Article 10.-Mode of carrying out procedures for vessels to enter and leave ports

1. The procedures for vessels to enter and leave ports shall be carried out by ship owners.

2. The sending or transfer of papers of declaration for arriving and leaving ships must be effected by the ship owners through the information center of Saigon Port Authority (fax, email) or post offices or direct delivery.

Chapter III

SOME PROVISIONS ON SPECIALIZED STATE MANAGEMENT IN PORTS

Article 11.-Some provisions on management of vessels

1. In cases where ships leave ports and the papers regarding registration and technical safety of ships as well as crew members professional qualification certificates see no changes as compared with the time of arrival, the ship owners shall neither have to submit nor produce the above- said papers.

2. Vietnamese and foreign vessels which have carried out the entry procedures at another Vietnamese port before arriving in ports in Ho Chi Minh City area shall not have to re-carry out the entry procedures as provided for in Clause 2, Article 7 of this Decision. Saigon Port Authority shall base itself on the "port departure permits" granted by the Authority of the Ports where the ships have left earlier to decide on the ships port entry; other specialized State management agencies shall base on the "port transfer dossiers" (if any) granted by corresponding specialized State management agencies at places where the ships have earlier left the ports to perform their management operation according to the current regulations.

3. If it is confirmed through previous declaration of ship owners that the ships are epidemic-free, ensure safety against human and animal epidemics or that before arriving in Vietnam such ships operated in regions free from human, animal and plant epidemics, which are accepted by specialized quarantine State management agencies, the medical quarantine, animal quarantine or plant quarantine shall not be carried out against ships and cargoes in Vung Tau Buoy Zero water area, except for cases where there are grounds to doubt about the truthfulness of the ship owners declaration.

4. For luggage of passengers on foreign ships entering and leaving ports in Ho Chi Minh City area on the same trips, the customs declaration procedures shall not apply.

Article 12.-Application of information technology

1. Specialized State management agencies in ports may use the photocopies, fax or emails related to paper dossiers of ships, cargoes, crew members, passengers, supplied by ship owners and customs declarers before the ships enter or leave ports. When carrying out the procedures, the ship owners or the customs declarers must produce and submit all the originals or copies of the valid papers as prescribed.

2. The specialized State management agencies shall immediately deploy the project on investment in net installation and connection and organize the efficient exploitation of computer information systems of their own and may invest in the installation thereof according to the following principles:

a) The computer information system of each specialized State management agency must be connected with the central system of Saigon Port Authority.

b) The funding sources for investment in and management of the information system shall be arranged by specialized State management agencies according to the stipulations of the Ministry of Finance in Circular No. 99/2001/TT-BTC of December 5, 2001 guiding the priority funding for application and development of information technology.

3. Enterprises are encouraged to participate in maritime, trade and tourist activities in ports and invest in installing and connecting their own units’computer information systems with the computer information systems of the specialized State management agencies in ports.

4. Saigon Port Authority shall assume the prime responsibility and coordinate with other specialized State management agencies at ports in deploying the application of information technology prescribed in Clause 2 of this Article in order to ensure uniformity and efficiency.

Article 13.-Specialized inspection and supervision activities

1. The inspection and supervision of ships, cargoes, passengers and crew members by the specialized State management agencies at ports must strictly comply with the provisions of this Decision, Vietnamese laws and relevant international agreements which Vietnam has signed or acceded to.

2. Except for cases where there are signs of law offense or where it is deemed necessary to ensure security, defense and social order and safety, the specialized State management agencies shall not carry out the following operations:

a) Conducting direct customs supervision and/or frontier supervision on board Vietnamese and foreign vessels in the course of leaving ports in Ho Chi Minh City area to Vung Tay Buoy Zero water area for exit or vice versa when ships are on the course to enter ports.

b) Conducting direct frontier wardship on board Vietnamese and foreign sea-going ships mooring or anchoring at places in ports in Ho Chi Minh City area.

3. Officials and employees of the specialized State management agencies are strictly forbidden to commit authoritarian, regionalistic, self-seeking, harassing or troubling acts and other signs of negative phenomena when performing their assigned tasks; all relevant violations shall be handled according to the provisions of law.

Article 14.-Responsibility for coordination of activities among specialized State management agencies

1. The specialized State management agencies at ports have the responsibility to coordinate the organization of task performance according to relevant law provisions and this Decision.

2. Saigon Port Authority is the presiding agency in organizing the coordination of activities among the specialized State management agencies at ports in Ho Chi Minh City area according to the following principles:

a) Assuming the prime responsibility for administering and coordinating activities among the specialized State management agencies at ports.

b) Organizing the reception and timely transfer to other specialized State management agencies at ports of information and papers related to entering and departing vessels.

3. Other specialized State management agencies at ports have the responsibility to coordinate with Saigon Port Authority in organizing the performance of their own management tasks according to the following principles:

a) Independently performing specialized management operations according to regulations while closely coordinating with Saigon Port Authority.

b) After receiving and processing information supplied by Saigon Port Authority or when meeting with difficulties, the specialized State management agencies must immediately notify Saigon Port Authority thereof for coordination in timely settlement thereof.

4. In addition to the competence under the current regulations, the director of Saigon Port Authority may carry out the following jobs:

a) Organizing and presiding over conferences and consultation meetings with specialized State management agencies at ports for unified measures to settle arising problems.

b) Requesting the specialized State management agencies at ports to notify in time the proposed contents and measures for settlement of relevant arising problems.

c) Proposing the president of the Ho Chi Minh City People’s Committee to consider and settle in time arising problems falling under the city’s jurisdiction, related to specialized State management at ports.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 15.-Implementation effect

This Decision shall take effect as from July 1, 2002 and be experimentally implemented till new stipulations are promulgated.

Article 16.-Organization of implementation

1. The Minister of Communications and Transport shall assume the prime responsibility and coordinate with the president of the Ho Chi Minh City People’s Committee and leaders of the concerned ministries and branches in setting up the Steering Committee for the experimental implementation mentioned in this Decision. The Steering Committee shall be headed by a Vice Minister of Communications and Transport.

2. If problems arise in the course of implementation, the Minister of Communications and Transport shall have the responsibility to consider them and propose the competent bodies to settle or settle them by him-/herself according to his/her competence.

3. After 6 months experimental application, the Ministry of Communications and Transport shall assume the prime responsibility and coordinate with the concerned ministries and branches as well as Ho Chi Minh City People’s Committee in evaluating the implementation results and report them to the Prime Minister.

4. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities and the heads of the concerned agencies shall have to implement this Decision.