Decree No. 77/2017/ND-CP dated July 03, 2017 of the Government on management and protection of security and order at port border gates

DECREE

On management and protection of security and order at port border gates[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 25, 2015 Maritime Code of Vietnam;

Pursuant to the June 16, 2014 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam;

Pursuant to the June 15, 2004 Law on Inland Waterway Traffic and the June 17, 2014  Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Traffic;

Pursuant to the June 21, 2012 Law on the Sea of Vietnam;

Pursuant to the June 17, 2003 Law on National Boundaries;

Pursuant to the March 28, 1997 Ordinance on the Border Guard;

At the proposal of the Minister of National Defense;

The Government promulgates the Decree prescribing the management and protection of security and order at port border gates.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

1. This Decree prescribes:

a/ Border guard procedures; border guard inspection and supervision; grant of visas and shore passes of crewmembers, ship embarkation permits and permits granted by the border guard at port border gates;

b/ Management of security and order-related activities of Vietnamese and foreigners; Vietnamese ships, ships flying foreign state flags (below referred to as foreign ships) and other Vietnamese and foreign crafts at port border gates;

c/ Responsibilities of ministries, sectors and People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) where port border gates are located, specialized state management agencies at port; functional forces, local administrations and port enterprises in the management and protection of security and order at port border gates.

2. Military ports operating for national defense or security purposes are not regulated by this Decree.

3. Military ports operating for commercial purposes must comply with this Decree and relevant laws.

Article 2.Subjects of application

1. Agencies, organizations, individuals, ships and other crafts of Vietnam and foreign countries entering, operating in and leaving port border gates.

2. This Decree does not apply to foreign warships that are on visits to the Socialist Republic of Vietnam and ships and other crafts of the People’s Army and People’s Public Security Forces of Vietnam that are engaged in national defense or security tasks at port border gates.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Port border gates include seaport border gates and inland waterway border gates:

a/ A seaport border gate covers the seaport, harbor and piers. It also refers to an offshore oil and gas port opened under announcement of the Ministry of Transport or Vietnam Maritime Administration according to the competence prescribed by law for Vietnamese and foreign ships to enter and leave for cargo loading and unloading and passenger embarkation and disembarkation and other activities.

Seaport border gates include also inland ports, landing stages and fish ports located within a seaport’s waters.

b/ Inland port border gate covers the inland port and landing stage opened under announcement of the Ministry of Transport or Vietnam Inland Waterway Administration or a provincial-level Transport Department according to the competence prescribed by law for Vietnamese and foreign ships to enter and leave or conduct port transfer for cargo loading and unloading and passenger embarkation and disembarkation and other activities.

Inland port border gates include also inland landing stages with waters in front of piers within an inland port border gate’s waters.

2. Ship on entry means a Vietnamese or foreign ship entering the Vietnamese sea from a maritime zone outside the Vietnamese sea through Vietnam’s maritime boundary except the cases of innocent passage specified in Article 23 of the June 21, 2012 Law on the Sea of Vietnam.

3. Ship on exit means a Vietnamese ship leaving the Vietnamese sea or a foreign ship leaving Vietnam’s maritime boundary, except the cases of innocent passage specified in Article 23 of the June 21, 2012 Law on the Sea of Vietnam.

4. Ship in transit means a foreign ship passing or staying in the border sea area of Vietnam in order to navigate to a third country, except the cases of innocent passage specified in Article 23 of the June 21, 2012 Law on the Sea of Vietnam; a ship going along the transit route prescribed in the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on Waterway Transport.

5. Ship in port transfer means a foreign or Vietnamese ship with foreign crewmembers and/or passengers having gone through entry procedures at a Vietnamese port border gate and moving to another port border gate of Vietnam.

6. Port border guard means a unit attached to the border guard command of a province or centrally run city. These units include the border guard command and border guard station of a port border gate.

7. Specialized state management agencies at port include the port border guard, port border gate customs, maritime administration at a seaport border gate, inland waterway administration at an inland waterway port border gate, international health quarantine, plant quarantine and animal quarantine.

8. Border guard procedures at a port border gate means the order and procedures, dossiers, requirements and conditions to be followed and met by persons carrying out procedures and port border guard in order to allow Vietnamese people and ships to enter and leave the country; foreign people and ships to enter, leave or transit the country or transfer to another port at the port border gate.

Border guard procedures at a port border gate include procedures for entry, exit, transit, transfer to port of departure and transfer from port of arrival.

9. Border guard procedures carried out online means border guard procedures carried out with electronic declarations by persons carrying out procedures and port border guards.

10. Border guard procedures carried out manually means border guard procedures carried out with paper declarations by persons carrying out procedures and port border guards.

11. Border guard inspection and supervision at a port border gate means the border guard’s application of professional measures to check and assess the validity and legality of papers as well as activities of people and crafts entering and leaving a port border gate in order to maintain law and preserve security and order and prevent, detect, stop and handle illegal acts at the port border gate.

12. Permit referred to at Point a, Clause 1, Article 1 of this Decree means a type of paper granted by the port border guard to permit a Vietnamese or foreigner to embark a foreign ship or a foreigner to embark a Vietnamese ship anchored at the port to carry out press, scientific research or sightseeing activities; a Vietnamese or foreigner to operate a craft to draw alongside a foreign ship; a foreign crewmember to stay overnight ashore or to embark another ship anchored at the port.

13. Stowaway on board a ship means a person secretly hiding in a ship or a cargo loaded on board a ship without permission of the ship owner or ship master or any responsible person and is detected before the ship leaves the port, while the ship is sailing, or in the cargo when it is unloaded at the port of arrival.

Chapter II

BORDER GUARD PROCEDURES; BORDER GUARD INSPECTION AND SUPERVISION; GRANT OF VISAS AND PERMITS BY THE PORT BORDER GUARD AT PORT BORDER GATES

Section 1

BORDER GUARD PROCEDURES

Sub-section 1

APPLICATION OF BORDER GUARD PROCEDURES TO SHIPS ON ENTRY OR EXIT, OR IN TRANSIT OR PORT TRANFER

Article 4.Ships on entry

Ships on entry and crewmembers and passengers on board shall, when entering the border sea area of Vietnam, carry out entry procedures at the first port of arrival.

Article 5.Ships on exit

1. Foreign ships on exit and crewmembers and passengers on board shall, before leaving Vietnam’s maritime boundary, carry out exit procedures at the last port of departure.

2. Vietnamese ships on exit and crewmembers and passengers on board shall, before leaving the sea of Vietnam, carry out exit procedures at the last port of departure.

Article 6.Ships in transit

1. Ships in transit shall carry out transit procedures when entering the border sea area of Vietnam.

2. During the time of transit or transit trip, ship masters shall manage crewmembers, passengers and cargo on board, keep intact the border guard seals and dossiers; may not let persons embark or disembark their ships, other crafts draw alongside their ships and carry out other activities without permission of competent Vietnamese agencies, except officials, employees and crafts of specialized state management agencies at port, pilots, persons carrying out procedures and health workers who embark the ships to give emergency medical care to crewmembers or passengers.

Article 7.Ships in port transfer

A ship in port transfer shall carry out the following procedures:

1. Port transfer procedures before leaving a port border gate to another of Vietnam.

2. Port transfer procedures before arriving at a port border gate from another of Vietnam.

Sub-section 2

TIME OF COMPLETION OF BORDER GUARD PROCEDURES; RESPONSIBILITIES IN CARRYING OUT BORDER GUARD PROCEDURES

Article 8.Time of completion of border guard procedures

1. For ships

a/ The time when border guard procedures are regarded as having been completed online is the time when the person carrying out procedures is certified to have completed online the border guard procedures for the ship on entry or exit or in transit or port transfer;

b/ The time when border guard procedures are regarded as having been completed manually is the time when the port border guard completes the verification of the general manifest, for a ship on entry, exit or in transit; the sealing of the port transfer dossier, for a ship transferring to a port of departure; the receipt and inspection of the port transfer dossier, for a ship transferring to a port of arrival.

2. For crewmembers and passengers

a/ The time when border guard procedures are regarded as having been completed for foreign crewmembers carrying out border guard procedures online is the time when the person carrying out procedures is certified to have completed online the border guard procedures for the ship on entry or exit or in transit or port transfer;

b/ The time when border guard procedures are regarded as having been completed for foreign crewmembers carrying out border guard procedures manually is the time when the port border guard completes the verification of the crew list;

c/ The time when border guard procedures are regarded as having been completed for Vietnamese crewmembers and passengers is the time when the port border guard completes the verification of passports of crewmembers and passengers.

Article 9.Responsibilities in carrying out border guard procedures

1. Responsibilities of the port border guard:

a/ To carry out border guard procedures around the clock;

b/ To receive and check the legality and validity of and verify under regulations papers submitted and presented by persons carrying out procedures;

c/ After completing the border guard procedures, to return the papers to the persons carrying out procedures, except when there are decisions on seizure of exhibits and violating crafts having these papers in accordance with law in order to ensure the handling of violations, or to seize the papers until violators completely execute handling decisions of competent agencies;

d/ To receive and settle according to its competence prescribed by law requests of persons carrying out procedures.

2. Responsibilities of a person carrying out procedures:

a/ To declare, submit and present papers prescribed in this Decree and relevant laws;

b/ To comply with decisions and requests of the port border guard in accordance with law when carrying out border guard procedures;

c/ Before, during and after carrying out border guard procedures, if detecting a stowaway, the ship master shall apply necessary measures depending on each case and specific conditions to make a dossier of the case, protect documents and material evidence, closely manage and supervise the stowaway, and promptly report it to the port border guard for handling in coordination with related agencies.

Sub-section 3

CARRYING OUT BORDER GUARD PROCEDURES ONLINE

Article 10.Carrying out border guard procedures via the Vietnam National Single Window

1. Border guard procedures shall be carried out via the Vietnam National Single Window in accordance with the law on the national single-window mechanism.

2. In case the Vietnam National Single Window breaks down, the person carrying out border procedures shall carry out border guard procedures either via the Portal on border guard procedures prescribed by the Prime Minister or manually under Articles 12, 13, 14, 15, 16 and 17 of this Decree.

Article 11.Subjects that may carry out border guard procedures online

1. Vietnamese ships on entry or exit.

2. Foreign ships on entry or exit or in transit or port transfer.

3. Ships granted by competent Vietnamese agencies permits to arrive at a port, including:

a/ Foreign nuclear-powered ships or ships transporting nuclear substances;

b/ Foreign ships arriving at ports to carry out scientific research, cultural, sports, fishery, rescue and salvage, salvage of sunk property, towing, construction, survey and repair of maritime facilities;

c/ Foreign ships entering the Vietnamese sea to carry out natural resource survey, exploration and exploitation and environmental activities.

4. Foreign crewmembers on board foreign ships on entry or exit or in transit or port transfer.

5. Ships and crewmembers applying manual border guard procedures under Clauses 1 and 4, Article 12 of this Decree may shift to online border guard procedures when the border guard and specialized state management agencies have adequate information technology infrastructure and satisfy specialized management requirements.

Sub-section 4

CARRYING OUT BORDER GUARD PROCEDURES MANUALLY

Article 12.Subjects that may carry out border guard procedures manually

1. Vietnamese fishing ships.

2. Foreign ships that seek storm shelter or medical care for their crewmembers or passengers or having an accident in emergency cases.

3. Ships that cannot carry out border guard procedures online because the Vietnam National Single Window or the Portal on border guard procedures breaks down.

4. Vietnamese crewmembers.

5. Vietnamese and foreign passengers.

Article 13.Border guard procedures carried out manually for ships on entry and exit and in transit

1. Places for carrying out procedures

a/ At the head office or representative office of the maritime administration or inland waterway administration;

b/ On the ship in accordance with the law on management of maritime activities;

c/ In addition to the cases of carrying out procedures on the ship in accordance with the law on management of maritime activities, the port border guard shall notify and reach agreement with the maritime administration or inland waterway administration to carry out border guard procedures on the ship in the following cases:

There is a stowaway on board the ship;

The ship shows apparent signs of violation of the law on security and order;

There are grounds to believe that the declared information on crewmembers and/or passengers is incomplete and inaccurate;

There are grounds to believe that crewmembers and/or passengers use forged passports or papers for international travel for entry, exit or transit.

2. The time limit for making and composition of dossiers must comply with the law on management of maritime activities.

3. Foreign crewmembers may present their seaman books upon entry or exit or transit in the following cases:

a/ They have no passports or papers valid for international travel;

b/ Their passports or papers valid for international travel have expired.

4. When carrying out exit procedures for a ship, the person carrying out such procedures shall return to the port border guard all shore passes of crewmembers (if any), except crewmembers on board the ship prescribed at Point b, Clause 2, Article 23 of this Decree.

Article 14.Border guard procedures carried out manually for ships in port transfer

1. Places for carrying out the procedures: as prescribed in Clause 1, Article 13 of this Decree.

2. For ships transferring to port of departure:

a/ The composition of dossiers and time limit for carrying out the procedures must comply with the law on management of maritime activities;

b/ When carrying out the procedures for a ship, the person carrying out these procedures shall return to the port border guard all shore passes of crewmembers (if any), except crewmembers on board the ship prescribed at Point b, Clause 2, Article 23 of this Decree.

3. For ships transferring to port of arrival:

a/ Within 2 hours after the ship arrives and is safely anchored at a pier; or within 4 hours after the ship arrives and is safely anchored at another position in the port waters, the person carrying out procedures shall submit a dossier of port transfer made by the border guard of the port of departure to the border guard of the port of arrival;

b/ Within 30 minutes, the border guard of the port of arrival shall complete the checking of the dossier of port transfer and permit the loading and/or unloading of cargo onto and/or from the ship and other activities already planned.

Article 15.Border guard procedures carried out manually for international tourist ships and crewmembers and passengers on board

1. In addition to complying with the provisions of Article 13 of this Decree, at least 12 hours before the ship arrives at the port, the international travel company receiving the tourists shall submit to the port border guard the following papers:

a/ One original tour program of passengers;

b/ One copy of the international travel business license (for the first-time reception of tourists at the port);

c/ One original official letter responding to the applications for visas at the international border gate, issued by the Ministry of Public Security’s Immigration Department, except passengers holding passports bearing Vietnamese visa and exempted from Vietnamese visa (if there are passengers applying for visas at the port border gate).

If, for an objective reason, there is not enough time for submitting the above original official letter, based on the written request of the international travel company, the port border guard may permit the travel company to submit a faxed copy or photocopy for carrying out the procedures for passengers; within 3 days after submitting the faxed copy or photocopy, the travel company shall submit the original official letter to the port border guard.

If the international travel company applies for visas for passengers at a port border gate but the ship arrives at another port border gate according to its itinerary, the border guard of the port of arrival shall receive the official letter responding to the applications for visas at the international border gate issued by the Ministry of Public Security’s Immigration Department, and grant visas to the passengers under regulations, without requiring re-approval of these applicants.

2. The port border guard shall grant visas to passengers on board the ship in accordance with the law on entry and exit.

3. For international passenger ships which have been licensed to transport domestic tourists between Vietnamese port border gates

a/ Before the ship embarks passengers:

The person carrying out procedures shall submit to the port border gate 1 copy of the license granted by a competent Vietnamese agency for the ship to transport domestic tourists between Vietnamese ports.

The travel company shall submit to the port border guard 1 original tour program of domestic tourists and 1 original passenger list.

b/ Domestic tourists upon embarking the ship shall present to the port border guard:

Passports or papers valid for international travel, for foreign passengers.

People’s identity cards or citizen identity cards or passports or other papers valid for passport substitution, for Vietnamese passengers.

Article 16.Border guard procedures carried out manually for sail boats, sports boats, yachts and people on board

1. The places, composition of dossiers and time limit for carrying out the procedures must comply with Article 13 of this Decree.

2. People on board sail boats, sports boats or yachts who have no seaman passports or seaman books and do not belong to the crew complement prescribed by the maritime law must have passports or papers valid for international travel; and visas granted by a competent Vietnamese agency upon entry, except those who are eligible for visa exemption upon entry.

3. People on board sail boats, sports boats or yachts who have seaman passports or seaman books and belong to the crew complement prescribed by the maritime law shall follow the border guard procedures and procedures for going ashore applied to crewmembers.

Article 17.Border guard procedures for Vietnamese fishing ships sailing to exploit aquatic resources in the sea outside the Vietnamese sea and crewmembers and passengers on board

1. Vietnamese fishing ships sailing to exploit aquatic resources in the sea outside the Vietnamese sea shall carry out exit procedures before leaving the Vietnamese sea and entry procedures when returning to the border sea area of Vietnam.

2. Places for carrying out the procedures: as prescribed at Point a, Clause 1, Article 13 of this Decree.

3. Composition of a dossier

a/ Papers to be submitted by the person carrying out procedures:

When carrying out exit procedures: 2 original general manifests, crew list, passenger list (if any), weapon and explosive declaration (if any), stowaway declaration (if any).

When carrying out entry procedures: 1 original of each of the above papers.

The forms of the to-be-submitted papers must comply with the law on management of maritime activities.

b/ Papers to be presented by the person carrying out procedures:

When carrying out exit procedures: the original license for the fishing ship to exploit aquatic resources in the sea outside the Vietnamese sea granted by the Ministry of Agriculture and Rural Development’s Directorate of Fisheries; ordinary passports and crew books of crewmembers; passports of passengers (if any).

When carrying out entry procedures: ordinary passports and crew books of crewmembers; passports of passengers (if any).

c/ The port border guard shall return to the person carrying out procedures the original of each of the papers already submitted and marked upon exit.

4. Time limit for carrying out procedures:

a/ At least 12 hours before the expected time of exit of the ship, or after the time of entry of the ship, the person carrying out procedures shall submit and present to the port border guard the papers specified at Points a and b, Clause 3 of this Article;

b/ Within 1 hour after fully receiving the papers submitted and presented by the person carrying out procedures, the port border guard shall complete the entry or exit procedures for the ship, crewmembers and passengers (if any).

Section 2

BORDER GUARD INSPECTION AND SUPERIVISION

Article 18.Objects of border guard inspection and supervision

1. Vietnamese ships on entry or exit; foreign ships on entry or exit, in transit or port transfer; Vietnamese ships operating along inland waterway routes within port border gates; and other Vietnamese and foreign crafts entering, leaving and operating in port border gates.

2. Foreign ships anchored and repaired at ship building, renovation or repair establishments outside port border gates.

3. Vietnamese and foreigners entering, leaving and operating in port border gates.

4. Papers of people and crafts entering, leaving and operating in a port border gate include:

a/ Electronic or paper declarations filled in and submitted when carrying out border guard procedures and registering the arrival at or departure from the port border gate, for Vietnamese seagoing ships operating along inland waterway routes, and for inland waterway crafts;

b/ Passports or papers valid for international travel of foreigners; passports or papers valid for passport substitution, people’s identity cards or citizen identity cards of Vietnamese;

c/ Certificates and practice cards relevant to the working purpose of the Vietnamese or foreigners at the port border gate;

d/ Permit granted by a competent Vietnamese agency to the ship or other crafts to enter and operate in the port border gate in the field in which such a permit is required by law.

Article 19.Contents of border guard inspection and supervision

1. Inspection of the legality and validity of the papers specified in Clause 4, Article 18 of this Decree.

2. Checking of crewmembers and passengers actually present on board the ship.

3. Supervision of operation of Vietnamese and foreign people, ships and other crafts prescribed in Clauses 1, 2 and 3, Article 18 of this Decree.

Article 20.Border guard inspection and supervision measures

1. Checking and comparing information declared in electronic or paper declarations submitted by persons carrying out procedures with papers presented by these persons.

2. Checking and comparing papers specified at Point b, Clause 4, Article 18 of this Decree with the personal identification characteristics of persons carrying these papers.

3. Checking and comparing the contents of the papers specified at Points c and d, Clause 4, Article 18 of this Decree with activities of the persons and crafts to whom/which these papers are granted.

4. Direct inspection and supervision on board ships in the following cases:

a/ Ships transporting international tourists;

b/ Ships and passengers on board showing apparent signs of violation of the laws on entry and exit and security;

In case a ship or a person on board a ship commits an illegal act in the field of customs, maritime management or epidemic control, the port border guard shall join in the direct inspection and supervision on the ship at the request of a specialized state management agency at the port;

c/ There is a stowaway on board;

d/ There are grounds to believe that declared information on the ship, crewmembers or passengers is incomplete and inaccurate;

dd/ It is deemed necessary upon receiving a written request of the ship owner or master;

e/ The head of the port border guard station or the port border guard commander shall decide to conduct direct inspection and supervision on the ship and take responsibility before law for his/her decision.

5. Area-based supervision at piers and in port waters.

6. Direct supervision at port entrances and checkpoints.

7. Supervision with the aid of technical devices.

8. Patrol and mobile control.

9. Professional measures as prescribed by law.

Section 3

GRANT OF VISAS AND PERMITS

Article 21.Permits granted by the port border guard

1. Vietnamese visas.

2. Embarkation permits:

a/ Embarkation permits which are valid for 12 months, made according to Form No. 01 in the Appendix to this Decree;

b/ Embarkation permits which are valid for 3 months, made according to Form No. 02 in the Appendix to this Decree.

3. Permit, made according to Form No. 03 in the Appendix to this Decree.

4. Shore pass, made according to Form No. 04 in the Appendix to this Decree.

Article 22.Grant of visas

1. The port border guard shall grant visas under Article 18 of the June 16, 2014 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam.

2. If, for an objective reason, there is not enough time for submitting the original official letter responding to the applications for visas at the international border gate issued by the Ministry of Public Security’s Immigration Department, based on the written request of the person carrying out procedures, the port border guard may permit such person to submit a faxed copy or photocopy for carrying out the visa procedures; within 3 days after submitting the faxed copy or photocopy, the person carrying out procedures shall submit the original official letter to the port border guard.

3. Upon fully receiving the papers submitted and presented by the visa applicants, the port border guard shall check and compare these papers and grant visas under regulations at its office or on the ship, for ships transporting international tourists.

4. The persons eligible and procedures for grant of electronic visas must comply with the law on grant of electronic visas.

Article 23.Grant of shore passes

1. Persons eligible for being granted shore passes

Foreign crewmembers working on board Vietnamese or foreign ships who have completed entry or port-of-arrival transfer procedures and wish to go ashore during the time the ships are anchored at a port border gate.

2. Validity of shore passes

a/ Valid for only a single ship trip;

b/ For foreign crewmembers on board a ship operating along a single route and a ship operating in the sea outside the port waters, at the request of the ship master, the port border guard may permit crewmembers to use their shore passes during multiple ship trips for no more than 1 month from the date of grant;

c/ The person carrying out procedures shall retain the expired shore passes and return them to the port border guard.

3. Procedures for granting shore passes

a/ The person carrying out procedures shall register the crewmembers’ need to go ashore in the “Note” box of the general manifest.

If not yet registered in the general manifest, a crewmember who needs to go ashore shall ask the ship master to file a written request with the port border guard;

b/ Upon fully receiving the requests for permission for crewmembers to go ashore, the port border guard shall grant shore passes at its office;

c/ A fee shall be paid for a shore pass in accordance with the law on charges and fees.

Article 24.Grant of embarkation permits

1. Persons eligible for being granted embarkation permits

a/ Embarkation permits valid for 12 months shall be granted to Vietnamese and foreigners of agencies, organizations and enterprises who need to frequently embark foreign ships for working purposes for no more than 12 months, except officials and employees of specialized state management agencies at port;

b/ Embarkation permits valid for 3 months shall be granted to Vietnamese and foreigners of agencies, organizations and enterprises who need to frequently embark foreign ships, or foreigners to embark on Vietnamese or foreign ships for working purposes for no more than 3 months, except officials and employees of specialized state management agencies at port.

2. Validity of embarkation permits

a/ Embarkation permits granted by a port border guard unit are valid only at the port border gate under this unit’s management;

b/ If the holder of an embarkation permit commits an illegal act when operating at the port border gate, the permit shall be revoked.

3. Procedures for grant of embarkation permits

a/ The applicant for an embarkation permit or a representative of his/her managing agency or enterprise shall submit and present to the port border guard the following papers:

Papers to be submitted: a letter of introduction or official letter applying for an embarkation permit made by the managing agency or enterprise; 1 list of applicants and their summary personal details, made according to Form No. 05 to the Appendix to this Decree; and one 2 cm x 3 cm color photo, particularly for applicants for permits valid for 12 months.

Papers to be submitted for foreigners: passport or paper valid for international travel;

b/ Upon fully receiving the papers specified at Point a of this Clause, the port  border guard shall grant an embarkation permit;

c/ A fee shall be paid for an embarkation permit in accordance with the law on charges and fees.

4. An embarkation permit holder shall strictly observe the Vietnamese law and provisions of the permit.

5. The port border guard may refuse to grant an embarkation permit in the following cases and shall issue a written reply clearly stating the reason:

a/ For national defense or security reasons;

b/ The applicant is not permitted for exit or his/her exit is suspended; he/she uses fake or expired personal identification papers;

c/ In case of necessity to ensure social order and safety or prevent and control an epidemic.

Article 25.Grant of permits to Vietnamese and foreigners to embark foreign ships, foreigners to embark Vietnamese ships anchored at ports; operators of Vietnamese or foreign crafts to draw alongside foreign ships; and foreign crewmembers to stay overnight ashore or embark other ships anchored at ports

1. Persons eligible for a permit

a/ Vietnamese or foreigners embarking a foreign ship anchored at the port for carrying out press, scientific research or sightseeing activities;

b/ Foreigners embarking a Vietnamese ship anchored at the port for carrying out press, scientific research or sightseeing activities;

c/ Operators of Vietnamese or foreign crafts to draw alongside a foreign ship;

d/ Foreign crewmembers wishing to stay overnight ashore or embark another ship anchored at the port.

2. Validity of permits

a/ Permits granted to the persons specified at Points a, b and c, Clause 1 of this Article are valid for a single ship trip lasting no more than 10 days;

b/ Permits granted to the persons specified at Point d, Clause 1 of this Article are valid for a single ship trip stated in the permit;

c/ A permit holder may only embark the foreign ship specified in the permit, and shall present the permit and his/her personal identity paper with its number written in the permit to the port border guard’s control force;

d/ For officials and employees of agencies, enterprises, shipping agents working or having transactions with ships operating offshore, or workers on oil rigs, at the request of these agencies or enterprises, the port border guard shall permit the permit holders to embark all foreign ships anchored or operating in such area.

3. Permit-granting procedures

a/ The permit applicant or a representative of the managing agency or enterprise shall submit and present to the port border guard the following papers:

Papers to be submitted: a letter of introduction or an official letter issued by the managing agency or enterprise, a letter of invitation or a written request issued by the ship master.

In case the agency or enterprise applies for permits for 2 or more persons: 1 list of applicants and their summary personal details, including name; nationality; place of birth; date of birth; position; serial number of people’s identity card or citizen identity card or passport or another paper valid for international travel.

Papers to be presented:

For foreigners specified at Points a, b and c, Clause 1 of this Article: passport or paper valid for international travel.

For Vietnamese specified at Points a and c, Clause 1 of this Article: people’s identity card or citizen identity card or passport or paper valid for passport substitution;

b/ Upon fully receiving the papers specified at Point a of this Clause, the port border guard shall grant a permit;

c/ A fee shall be paid for a permit in accordance with the law on charges and fees.

4. A permit holder shall strictly observe the Vietnamese law and provisions of the permit.

5. The port border guard may refuse to grant an embarkation permit in the following cases and shall issue a written reply clearly stating the reason:

a/ For national defense or security reasons;

b/ The applicant is not permitted for exit or his/her exit is suspended; he/she uses fake or expired personal identification papers;

c/ In case of necessity to ensure social order and safety or prevent and control an epidemic.

Chapter III

ACTIVITIES OF PEOPLE AND CRAFTS AT PORT BORDER GATES

Section 1

ACTIVITIES OF VIETNAMESE AND FOREIGNERS AT PORT BORDER GATES

Article 26.Vietnamese and foreigners operating at port border gates

1. Vietnamese embarking foreign ships, except on-duty officials and employees of specialized state management agencies at port, health workers embarking foreign ships for giving emergency medical treatment for crewmembers and passengers; and foreigners embarking foreign or Vietnamese ships for working or carrying out activities during the time the ships are anchored at the border gate port must have permits granted by the port border guard under Articles 24 and 25 of this Decree, and shall comply with the inspection and supervision by the port border guard.

2. Foreigners coming to work and operating at a port border gate:

a/ Must have a passport or paper valid for international travel;

b/ Shall comply with the inspection and supervision by the port border guard and specialized state management agencies at port and related forces;

c/ At least 12 hours before a foreigner comes to work at the port, the receiving agency or enterprise shall send a written notice to the port border guard of his/her full name, nationality, serial number of passport or paper valid for international travel; name and address of the agency or organization with which the foreigner will work, starting and ending time of work; working agenda and working place at the port border gate.

3. Vietnamese and foreigners may not embark or leave the ship before and during the time the ship goes through entry or port-of-arrival transfer procedures, or during and after the ship goes through exit or port-of-departure transfer procedures, except officials and employees of specialized state management agencies at port, pilots, on-duty persons carrying out procedures, and health workers embarking the ship for giving medical examination and treatment for crewmembers and passengers.

4. For a ship going through online border guard procedures, immediately after the ship is safely anchored at the port, related Vietnamese and foreigners may embark and disembark the ship to carry out activities serving the loading and unloading of cargo and planned activities until the ship leaves the port.

5. Crewmembers and passengers who are ineligible for entry under Vietnamese law may not leave the ship, except the case prescribed in Article 28 of this Decree.

The ship master shall manage these crewmembers and passengers until the ship leaves the sea of Vietnam.

Article 27.Crewmembers and passengers on board ships who have not yet undergone entry or port-of-arrival transfer procedures but are sent for emergency medical care at Vietnamese health establishments

1. Before a ship arrives at the port, the person carrying out procedures shall notify the border guard of the port of arrival of the number and health conditions of crewmembers and/or passengers who need emergency medical care, and the time of arrival of the ship and its anchoring position.

2.  After sending a crewmember or passenger for emergency medical care, the person carrying out procedures shall come to the office of the port border guard to fully declare information on such crewmember or passenger for carrying out entry or port-of-arrival transfer procedures for him/her under this Decree and relevant laws.

3. If the crewmember or passenger will not return to the ship and wishes to exit via another border gate, before the ship leaves the port, the ship master shall make a written request for the crewmember or passenger to exit via another border gate and present his/her hospital discharge or transfer paper to the port border guard for carrying out procedures for his/her exit via another border gate under regulations.

4. In case a foreign crewmember needs emergency medical care at a health establishment outside the province or centrally run city where the ship is anchored, after sending him/her to the health establishment, the person carrying out procedures shall come to the office of the port border guard to apply for a visa for such crewmember, in case he/she is ineligible for visa exemption upon entry into Vietnam.

Article 28.Foreign crewmembers and passengers ineligible for entry in accordance with Vietnamese law but in need of emergency medical care at Vietnamese health establishments

1. After sending a crewmember or passenger for emergency medical care, the ship master shall send to the port border guard a document containing the following details:

a/ Full information and health conditions of the crewmember or passenger;

b/ Commitment to pay all expenses related to the medical treatment of the crewmember or passenger, supervision by related Vietnamese agencies and travel out of the Vietnamese territory of the crewmember or passenger after he/she is discharged from hospital.

2. The port border guard shall receive the document of the ship master and make a dossier of the case, and shall not carry out entry procedures for the crewmember or passenger; notify the case to the related agencies, and appoint a border guard officer to supervise the crewmember or passenger during the time of medical treatment.

3. During the time of medical treatment, the crewmember or passenger may not leave the health establishment without permission and shall be placed under the inspection and supervision by the port border guard.

4. When being discharged from hospital, the crewmember or passenger shall be forced to leave the country.

a/ If the ship has not yet departed, the port border guard shall coordinate with the person carrying out procedures to take the crewmember or passenger back to the ship for exit together with the ship;

b/ If the ship has departed, the crewmember or passenger shall be forced to exit via another border gate as prescribed by Vietnamese law.

Article 29.Foreign crewmembers going ashore

1. During the time a ship is anchored at a port border gate, foreign crewmembers may go ashore everyday within the province or centrally run city where the ship is anchored until 24:00 hours, without having to apply for a visa, but must carry along a shore pass granted by the port border guard under Article 23 of this Decree.

2. A crewmember may go ashore after entry and port-of-arrival transfer procedures have been completed for the ship and shall come back to the ship before the time exit or port-of-departure transfer procedures are carried out for it.

Particularly for a ship for which port border guard procedures are carried out online, crewmembers may go ashore immediately after the ship is anchored safely at the port.

The ship master shall take responsibility for delays in carrying out exit or port-of-departure transfer procedures due to the late return of a crewmember going ashore.

3. Crewmembers going ashore or exiting at another border gate:

a/ When going ashore within the province or centrally run city where the ship is anchored:

A crewmember shall carry along the shore pass and personal identification paper already declared and presented upon carrying out entry procedures; obey the instructions and submit to the inspection and supervision by the port border guard, and comply with relevant Vietnamese regulations.

If wishing to stay overnight ashore, a crewmember shall obtain a written request from the ship master and be granted a permit by the port border guard under Article 25 of this Decree;

b/ When going ashore outside the province or centrally run city where the ship is anchored or exiting via another border gate:

A crewmember must have a visa, unless he/she bears a passport eligible for Vietnamese visa exemption, and shall comply with the law on entry and exit. The port border guard shall grant visas under Article 22 of this Decree.

In case a crewmember has no passport or paper valid for international travel or has an expired one, he/she may use his/her seaman book for entry and exit.

4. A crewmember going ashore who commits an illegal act shall be handled in accordance with Vietnamese law.

Section 2

OPERATION OF CRAFTS AT PORT BORDER GATES

Article 30.Ships and other crafts operating at port border gates

1. Vietnamese ships on exit or entry; and foreign ships on exit, entry or in transit or port transfer must obtain permission of competent Vietnamese agencies and shall go through the designated border gates, navigable channels or routes or areas of transit.

2. Vietnamese and foreign crafts, except those of specialized state management agencies at port, pilotage crafts and towing crafts on duty, may not draw alongside ships before and during the time such ships undergo entry or port-of-arrival transfer procedures or during and after such ships undergo exit or port-of-departure transfer procedures.

For ships for which border guard procedures are carried out online at a seaport, right after they are safely anchored at the port, related Vietnamese and foreign crafts may draw alongside these ships to carry out activities serving cargo loading and unloading and other activities as planned until such ships leave the port.

3. Other crafts leaving, entering or operating in port border gates must comply with this Decree and relevant regulations; and submit to the control, inspection and supervision by the port border guard and related forces.

Article 31.Vietnamese seagoing ships operating along domestic routes and inland waterway crafts entering or leaving port border gates

1. Vietnamese seagoing ships operating along domestic routes and inland waterway crafts entering or leaving port border gates

a/ Vietnamese seagoing ships operating along domestic routes shall undergo port arrival and departure procedures in accordance with the law on management of maritime activities, and submit to the control, inspection and supervision by the port border guard during the time they are anchored at port border gates;

b/ Inland waterway crafts shall register their arrival and departure and submit to the control, inspection and supervision by the port border guard during the time they are anchored at port border gates.

2. Upon their departure from and arrival at and during their operation in a port border gate, masters of Vietnamese seagoing ships operating on domestic routes and inland waterway crafts shall provide the port border guard with information on crafts and cargo and other information relating to security and order when so requested.

3. Places for carrying out procedures and registering arrival and departure

Head offices or representative offices of maritime administrations or inland waterway administrations.

4. Time limits for carrying out procedures and registering arrival and departure

a/ For Vietnamese seagoing ships operating along domestic routes, such time limit must comply with the law on management of maritime activities;

b/ For inland waterway crafts:

Within 2 hours after an inland waterway craft is safely anchored at a pier; or within 4 hours after an inland waterway craft is safely anchored at another place within the port waters, the master or owner of the ship or authorized person (below referred to as the registrant) shall register the arrival for the ship to enter the port.

At least 1 hour before an inland waterway craft is expected to leave the port border gate, the registrant shall register the departure for the craft to leave the port.

Within 30 minutes after receiving all the papers submitted or presented by the registrant under Clause 5 of this Article, the port border guard shall complete the registration of arrival or departure for the inland waterway craft and return one of each of such papers appended with the arrival or departure control mark as specified at Point a, Clause 5 of this Article.

5. Papers to be submitted or presented by registrants to the port border guard upon carrying out procedures and registering arrival or departure for Vietnamese seagoing ships operating along domestic routes and inland waterway crafts

a/ Papers to be submitted:

For Vietnamese seagoing ships operating along domestic routes, such papers must comply with the law on management of maritime activities.

For inland waterway crafts: 2 originals of the crew list and 2 originals of the passenger list (if any);

b/ Papers to be presented:

For crewmembers: seaman books or seaman passports.

For passengers (if any): passports or papers valid for international travel or people’ identity cards or citizen identity cards.

6. When carrying out procedures, registering, inspecting or supervising Vietnamese seagoing ships operating along domestic routes and inland waterway crafts, the port border guard may inspect:

a/ Logbooks;

b/ Papers related to cargo, if any, on the ship or craft, including cargo transportation contract; cargo purchase and sale contract and added-value invoice or delivery note-cum-internal transportation document; and transportation permit granted by a competent Vietnamese agency, for cargo subject to conditional transportation;

c/ Persons carrying out procedures or registrants shall produce the papers specified at Points a and b of this Clause at the request of the port border guard.

7. For Vietnamese seagoing ships operating along domestic routes and inland waterway crafts for which arrival or departure registration procedures are carried out via the Vietnam National Single Window under the National Single-Window mechanism or via the Portal of border guard procedures at seaports, the registrant is not required to submit the papers specified at Point a, Clause 5 of this Article but shall only present the papers specified at Point b, Clause 5 of this Article.

8. In the process of registration, control, inspection and supervision, if detecting apparent signs of violation committed by Vietnamese seagoing ships operating along domestic routes and inland waterway crafts, or if having grounds to believe that the declared information on crafts, crewmembers, passengers or cargo is insufficient or inaccurate, the head of the port border guard station or the port border guard commander shall issue a decision to conduct physical inspection at the crafts and take responsibility before law for his/her decision.

Section 3

REFUSAL, POSTPONEMENT OF OR NON-PERMISSION FOR ENTRY INTO, EXIT FROM OR TRANSIT VIA PORT BORDER GATES

Article 32.Refusal or postponement of entry, exit or transit for ships

1. For national defense and security reasons or special social or economic reasons or for assurance of maritime safety, or prevention of environmental pollution, epidemics or violations of Vietnamese laws, or for other emergency reasons, foreign ships may be refused or postponed to enter, exit or transit and Vietnamese ships may be postponed to exit via port border gates.

2. A specialized state management agency at port that issues a decision to refuse entry or exit or postpone entry, exit or transit shall send a written reply clearly stating the reason to the maritime administration or inland waterway administration in charge of the port where the concerned ship undergoes entry, exit or transit procedures, and shall take responsibility before law for its decision.

3. The maritime administration or inland waterway administration shall send a written notice of refusal of entry or exit or postponement of entry, exit or transit to other specialized state management agencies at the port and to the ship owner or master.

Article 33.Non-permission for entry or postponement of exit for crewmembers and passengers via port border gates

1. Non-permission for entry or postponement of exit for foreign crewmembers and passengers must comply with Articles 21, 22, 28 and 29 of the June 16, 2014 Law on the Entry, Exit, Transit and Residence of Foreigners in Vietnam.

2. Postponement of exit for Vietnamese crewmembers and passengers must comply with Articles 21 and 22 of the Government’s Decree No. 136/2007/ND-CP of August 17, 2007, on exit and entry of Vietnamese citizens.

Chapter IV

RESPONSIBILITIES FOR SECURITY AND ORDER MANAGEMENT AND PROTECTION AT PORT BORDER GATES

Article 34.The Ministry of National Defense

1. To assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People’s Committees of localities where seaport border gates are located in, managing and protecting security and order at port border gates.

2. To control exit and entry at port border gates under its management in accordance with law.

3. To direct the border guard forces:

a/ To assume the prime responsibility for, and coordinate with the same-level people’s public security forces, related sectors, local administrations and port enterprises in, managing and protecting security and order at port border gates;

b/ To arrange and use forces, crafts, weapons and supporting tools and take border guard-related measures for managing and protecting security and order at port border gates in accordance with law and regulations of the Ministry of National Defense.

To prevent and fight terrorism, sabotage, crime, smuggling and trade fraud, and handle violations at port border gates in accordance with law;

c/ To carry out border guard procedures; to conduct border guard inspection and supervision; to grant visas and permits; to register, control, inspect and supervise persons and crafts leaving, entering and operating in port border gates in accordance with this Decree and relevant regulations;

d/ To assume the prime responsibility for, and coordinate with related agencies and forces and port enterprises in, formulating and implementing regulations on coordination to ensure security and order at port border gates.

To organize regular briefings with specialized state management agencies at port, port enterprises, related forces and local administrations to notify the situation of security and order at port border gates.

Annually, to assume the prime responsibility for, and coordinate with specialized state management agencies at port, related forces and port enterprises in, conducting reviews of the situation of security and order at port border gates;

dd/ To perform national defense- and border guard-related external activities in accordance with law;

e/ To coordinate with the same-level public security forces in performing the state management of entry, exit and transit of foreigners at port border gates.

To assume the prime responsibility for, and coordinate with related agencies and units in, preventing, stopping and handling violations of the law on entry, exit and transit which are committed at port border gates;

g/ To participate in appraising security and order-related contents in port enterprises’ plans on seaport security assurance; to participate in assessing, and certify results of, the implementation of these plans; to coordinate with port enterprises in managing cadres, workers and employees of ports to ensure security and order at ports;

h/ To apply information technology to controlling exit and entry, granting permits, and reforming administrative procedures, thus creating favorable conditions for persons and crafts leaving, entering and operating in port border gates.

Article 35.Related ministries and sectors

Related ministries and sectors shall, within the ambit of their tasks and powers, direct and guide specialized state management agencies under their management to coordinate with the border guard in managing and protecting security and order at port border gates and strictly handling violations in accordance with law.

Article 36.Provincial-level People’s Committees of localities where port border gates are located

Provincial-level People’s Committees of localities where port border gates are located shall, within the ambit of their tasks and powers, direct and guide their subordinate People’s Committees and related local forces and agencies to coordinate with the border guard in managing and protecting security and order at port border gates.

Article 37.Responsibilities for coordination in managing and protecting security and order at port border gates

1. At port border gates, specialized state management agencies may arrange forces and install equipment and technical facilities to meet operational requirements without affecting routine operations of port enterprises.

2. Specialized state management agencies at ports, port enterprises and public security agencies and local administrations shall, within the ambit of their tasks and powers, coordinate with the port border guard in managing and protecting security and order at port border gates.

3. Responsibilities of port enterprises

a/ To reach agreement with the port border guard on arranging working offices with appropriate space and power supply sources for the port border guard at port gates or appropriate places within the ports for them to conduct inspection and supervision and manage and protect security and order at ports;

b/ To promptly inform and coordinate with the port border guard when security and order incidents take place at ports;

d/ To provide information and data relating to management and protection of security and order at ports at the request of the port border guard; to coordinate with the port border guard in managing cadres, workers and employees of ports and ensuring security and order at ports;

dd/ To comply with this Decree and relevant regulations; to ensure security and order conditions at piers where ships are anchored for cargo handling or passenger embarkation and disembarkation.

Article 38.Construction of projects or works at port border gates

1. Agencies or organizations that survey, design, construct or implement projects or works related to national defense and security or involving foreign elements at port border gates shall notify in writing 3 working days in advance the port border guard of the lists of persons, crafts, time, scope and contents of their activities.

2. The construction of projects or works at port border gates must comply with the construction law and must not affect the safety of maritime facilities, navigable channels and the marine environment.

3. When formulating construction projects related to national defense and security or involving foreign elements at port border gates, local state management agencies in charge of construction shall collect written opinions of the Ministry of National Defense, Ministry of Public Security, related ministries and sectors, and provincial-level People’s Committees of such localities before submitting the projects to competent authorities for approval.

4. When implementing the licensed construction projects, their owners shall notify such in writing 3 working days in advance to the Military Command, Border Guard Command, provincial-level Public Security agencies and administrations of the localities concerned.

5. Persons and crafts leaving, entering or operating to serve the construction of projects at port border gates shall submit to the inspection and supervision by the port border guard.

Chapter V

IMPLEMENTATION PROVISIONS

Article 39.Effect

1. This Decree takes effect on August 20, 2017.

2. To annul the Government’s Decree No. 50/2008/ND-CP of April 21, 2008, on management and protection of security and order at port border gates, and remove the requirement for a dangerous goods declaration in online border guard procedures specified at Points a and b, Clause 5, Article 6 of the Prime Minister’s Decision No. 10/2016/QD-TTg of March 3, 2016, on online border guard procedures at seaports.

3. To promulgate together with this Decree an Appendix containing the forms of shore pass, ship embarkation permit, permit, and list of applicants for a ship embarkation permit.

Article 40.Implementation responsibility

1. The Ministry of National Defense shall to assume the prime responsibility for, and coordinate with related ministries and sectors in, organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees of localities where port border gates are located shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.