Chương IV Nghị định 58/2017/NĐ-CP: Quản lý hoạt động tàu thuyền

Chapter IV

MANAGEMENT OF OPERATIONS OF SHIPS

Section 1. General requirements applied to operations of ships

Article 61. Flying of flags on ships and welcome ceremony

1. The flying of flags on ships operating at a seaport shall be carried out as follows:

a) A Vietnamese ship must fly the national flag of the Socialist Republic of Vietnam (hereinafter referred to as "national flag”) on top of the mizzenmast; for the ship without mizzenmast, the national flag shall be flown on top of the main mast;

b) A foreign ship must fly the national flag on top of the highest mast;

c) Every day, the national flag shall be raised at sunrise and lowered at sunset. In winter, on foggy days, the national flag shall be raised at a time when it is visible. The national flag shall be raised earlier or lowered later than the time when a ship arrives at or departs from a port, encounters a military ship or two Vietnamese ships see each other;

d) On the National Independence Day of the Socialist Republic of Vietnam or upon a visit by the heads of the Communist Party or the State to the seaport, all ships that are anchored within seaport waters must fly a ceremonial lag under the instructions of the Director of the port authority;

dd) A foreign flagged ship must inform in advance and follow the directions of the port authority when it desires to fly a ceremonial flag or burial flag or sound its horn on its national celebrations;

e) The Director of the port authority may relieve some rudimentary watercraft of responsibility for flying national flag when they operate within seaport waters.

2. Regulations on the flying of flags on Vietnamese ships:

On the major holidays, the ship shall hang an international maritime signal flag line from its forward mast to the mizzen mast through the crossbeams of fore mast and main mast; the national flag shall be flown on top of the fore mast and main mast, mizzen mast and forward mast flying the shipowner’s signal flag (if any).

The decoration of signal flags must not affect the handling of cargoes. On other holidays, the ship shall hang an international maritime signal flag line from its forward mast to fore mast and the second line from the main mast to the mizzen mast; the national flag shall be flown on top of the fore mast, main mast and mizzen mast. The Vietnamese and foreign national flag, military flag, insignia flag and red cross flag must not be used for decoration of the ceremonial flag line.

b) Upon the visit by the General Secretary of the Communist Party of Vietnam, President, Vice President, President of the National Assembly, Deputy President of the National Assembly, Prime Minister and Deputy Prime Minister of the Socialist Republic of Vietnam to the ship, in addition to the national flag flown on top of the mizzen mast, another one shall be flown on top of the main mast and shall only be lowered when those leaders leave the ship;

c) On major holidays or days on which a special directive is issued by the Prime Minister, the national flag must be raised to conduct the flag raising ceremony. When a ship is underway at sea and in fine weather conditions, in addition to the national flag flown on top of the mizzen mast, another one shall be flown on top of the main mast;

d) When a ship is anchored at a foreign seaport, the national flag of Vietnam must be raised before and lowered after the national flag of the country where the ship is anchored;

dd) When a ship is underway within the foreign territorial waters or arrives or departs or is anchored within the foreign seaport waters, it must fly the national flag of such country on its main mast;

e) The national flag must be flown in the open state. On the national day of mourning, the national flag must be flown following state funeral protocol.

g) The duty mariner shall raise and lower the national flag on the duty deck officer’s orders.

3. Upon a visit by senior leaders of the Communist Party and the State to the ship: In case a notice is issued in advance, the master shall order crew to wear ceremonial costumes, stand in a vertical line along the hallway at the landing, the master must be present at the foot of the stairs to welcome guests. In case a notice is not issued in advance, the duty deck officers must welcome guests at the foot of the stairs and inform the master.

Article 62. Requirements applied to ships operating within seaport waters and areas under the management of the port authorities

1. Ships shall only be anchored, dispatched, berthed and perform side-by-side mooring or carry out other similar operations within seaport waters and navigational channels when the Director of the port authority gives a dispatch order or consent. The dispatch order of the Director of the port authority shall be made in a timely, accurate and adequate manner, in case of ineligibility to do so, the master shall inform the port authority.

2. While operating ships within seaport waters and Vietnamese territorial waters, in addition to complying regulations for preventing collisions at sea, the master shall comply with the following regulations:

a) Maintain contact with the port authority via VHF or other communications equipment;

b) Maintain the operation of the automatic identification system according to regulations;

c) Comply with all regulations on the limit speed when navigating in channels, warning signal, safety regime and other regulations; move at a safe speed when passing through areas where underwater activities are being carried out, channels are being dredged, marker buoys is being set, salvage is being perform, fishery activities are being carried out or when passing through the areas where ships are being anchored or dispatched;

d) Do not dispatch a ship to pass through the areas with bridges or lines stretching over channels while the height of such ship exceeds the vertical clearance. The navigation of ships in narrow channels complies with regulations of the Director of the port authority; anchor gear and other similar equipment must be always ready for quick execution of the master’s orders;

dd) Do not let ships drag or pull anchors underwater while operating in channels or canals unless it is compulsory to do so to avoid possible accidents;

e) Only dive or carry out underwater activities after obtaining the consent of the port authority. Procedures for applying for permission are as follows: The declarant shall submit a written request made using the Form No. 35 provided in the Appendix enclosed herewith, directly or by post, to the port authority. Within 04 working hours since receipt of the request, the port authority shall submit a written response. In case of rejection, a written response specifying reasons thereof shall be given.

3. In addition to complying with regulations of this Article, the master or commander engaged in the construction of maritime structures, ships specializing in dredging of channels or extraction of sand or floating cranes and other construction equipment must apply for permission before carrying out activities in the seaport waters. Procedures for applying for permission are as follows: The declarant shall submit a written request made using the Form No. 35 provided in the Appendix enclosed herewith, directly or by post, to the port authority. Within 04 working hours since receipt of the request, the port authority shall submit a written response. In case of rejection, a written response specifying reasons thereof shall be given.

4. Before entry procedures are completed or after exit procedures are completed, persons on board are prohibited from contacting persons other than the crew, except pilots, shipping agents and other persons who are performing their tasks on board.

Article 63. Vessel traffic service system

1. The Ministry of Transport shall direct the Vietnam Maritime Administration to build and put the VTS system into operation and issue regulations on management of operations of the system.

2. The Director of the local port authority shall operate and maintain the VTS system to ensure maritime safety and security and protect the environment as prescribed.

3. The master and pilots who are navigating within the area under surveillance of the VTS system shall accurately, adequately and promptly information about operations of ships as prescribed and follow the instructions of the VTS system operator.

Article 64. Ship towage

When a ship arrives at, departs from and operates at a seaport, a tugboat shall be deployed as follows:

1. A ship with the length overall of 80 m or more that arrives at or depart from a wharf, floating terminal; performs side-by-side mooring; moves or moves within the channel, turns within the area of water facing against the wharf, area of water facing against floating terminal, berth pockets and water areas within seaport waters and area under the management of the port authority, must be assisted by a tugboat.

2. The quantity and power of the tugboat and the situations in which tugboats must be deployed shall be determined according to the length overall, load and characteristics of the ship, actual condition in the area, comments of relevant organizations and individuals and shall be specified in the seaport regulation.

3. The master may request the addition of tugboats or request a tugboat with a larger capacity when necessary.

4. Apart from the regulation specified in Clause 1 of this Article, the master may request a tugboat when necessary.

Article 65. Anchoring

1. When a ship is safely anchored in a designated location, its main aft must be constantly kept ready to operate when necessary. It must be lighted at night or in case of reduced visibility and all signs and warning signals must be maintained as prescribed.

2. When a ship is drifted, the master shall immediately take appropriate remedial measures to prevent maritime accidents or emergencies and inform such to the port authority.

3. Rudimentary and non-self-propelled watercraft shall only be anchored only in areas exclusively reserved for them as prescribed by the Director of the port authority; during anchoring, man and appropriate equipment must be available for dispatch when necessary.

Article 66. Anchoring

1. In the cases where a ship is anchored without cargo handling or embarkation or disembarkation of passengers or does not provide services for 30 days or more, an anchoring plan shall be prepared and submitted to the local port authority for approval.

2. The anchoring plan includes the following contents:

a) Name of the ship;

b) Owner and person charged with managing and operating the ship;

c) Technical specifications of the ship;

d) Reasons for anchoring;

dd) Expected time and position for anchoring;

e) The number of crew on board during anchoring of the ship;

g) Measures for safety assurance;

h) Measures for emergency response.

3. Based on the actual conditions, the port authority shall decide the number of crew on board and approve the anchoring safety plan.

Article 67. Responsibilities of port enterprises for operations of ships

1. The port enterprise shall provide space for ships to anchor, berth or move. Before 16:00 every day, the enterprise shall inform the dispatching plan for a ship’s arrival or departure to the port authority. In case of any change, the enterprise shall immediately inform the port authority for adjustments to the daily dispatching plan.

2. After receiving notice about the dispatching plan of the port authority, the port enterprise shall fulfill the following requirements:

a) Provide a wharf with a sufficient length and make other necessary preparations as prescribed to ensure safe landing of ships. The wharf must be sufficiently lighted and clear of any objects on its surface which might obstruct or endanger its anchoring or berthing or other normal activities of the crew and passengers;

b) Employ skillful workers to moor or unmoor the ship upon its arrival at or departure from a wharf; bollards must be ready for quick and safe mooring and unmooring. At mooring and unmooring locations, appropriate warning signals must be maintained as prescribed;

c) Complete the preparation of a wharf at least 01 hour before the expected time for landing of the ship coming from the sea or at least 30 minutes for the ship moving or changing its location within the port waters;

d) Ensure security and order in the wharf where cargoes or passengers are loaded and unloaded.

dd) Equip and maintain normal operation of means of communication in order to assure continuous exchange of information relating to maritime operations at the seaport as prescribed;

e) Maintain the technical state of the wharves, warehouses, storage yards, equipment, the depth of the areas of water facing against the wharf and other water areas which are managed and used by the port enterprise as prescribed; carry out periodic surveys and apply for issuance of the notices to mariners that include the area of water facing against the wharf and other water areas which are managed and used by port enterprise. Carry out a survey of the technical state of the seaports in accordance with regulations specified in Article 37 of this Decree and relevant regulations of law to ensure operational safety;

g) Organize the implementation of the regulations of law on maritime safety and security assurance and environmental safety at the seaport. In case of maritime accident or emergency, fire, explosion or environmental emergency, promptly take appropriate preventive measures and inform such measures to the port authority and relevant authorities.

Article 68. Side-by-side mooring

1. Based on conditions for maritime conditions, the Director of the port authority shall allow ships to perform side-by-side mooring at the request of the relevant masters, but the following rules shall be observed:

a) The ship with a gross tonnage of 1,000 GT or more may moor two abreast. Other types of ships may moor three abreast, provided that they do not obstruct normal operations in navigational channels and areas of water facing against wharves;

b) The larger ship is not allowed to perform side-by-side mooring from the outside of the smaller ship;

c) Between ships moored side-by-side to each other, ropes must be properly moored and there must be anti-collision fenders between them;

d) Only public service ships, ships supplying water, oil, food, equipment and other provisions, pilot ships, fire-fighting ships, ships transshipping passengers from passenger ships or similar service ships may be moored side-by-side to the passenger ships.

2. Masters must use appropriate kinds of ropes for ships performing side-by-side mooring. Ropes must not be moored to beams, frames or other structures of the port, and areas not designated for moorage.

3. In the cases where a foreign ship is moored side-by-side to a Vietnamese ship, crew and passengers of both ships must follow border guard procedures according to regulations.

Article 69. Watch-keeping upon operation of ships at seaports

1. When the ship operates at a seaport, the master shall arrange lookouts who are ready to deal with the drifting of anchors, broken anchor lines, broken mooring lines or too tense or too loose mooring lines or other threats to safety of ships, cargoes and persons on board; and constantly keep engines, life-saving and fire-fighting equipment and stand-by emergency equipment ready for operation.

2. When anchored in the seaport waters, there must be always at least two-thirds of seafarers on board with appropriate positions on board, including the master or chief mate and the chief engineer officer or second engineer officer that are responsible for dispatching ships or dealing with emergency cases.

3. The Director of the port authority shall inform masters of storm-sheltering plans, storm shelters, necessary maritime instructions and preventive measures to be taken in seaport waters and management areas in which ships are operating.

4. When a storm is imminent, ships shall quickly move to storm shelters under orders from the Director of the port authority.

Article 70. Procedures for temporary detention of a ship for investigation into maritime accidents

1. The Director of the port authority shall issue the decision on temporary detention of a ship as prescribed in Clause Article 114 of the Vietnam Maritime Code. The decision on temporary detention of a ship made using the Form No. 37 provided in the Appendix enclosed herewith shall be immediately delivered to the master of the detained ship, the Vietnam Maritime Administration and regulatory authorities at the seaport.

2. Upon receipt of the decision on temporary detention of a ship issued by the Director of the port authority, the master, shipowner or ship operator must comply with requirements specified in such decision.

3. After the reasons for temporary detention of a ship no longer persist or duration of such temporary detention of a ship expires, the Director of the port authority shall issue a decision to terminate the detention of the ship, made using the Form No.17 provided in the Appendix enclosed herewith, and send it to the master of the detained ship, the Vietnam Maritime Administration and regulatory authorities at the seaport.

4. In case it is necessary to extend the duration of temporary detention of a ship, such extension shall be informed to a competent authority and the temporary detention shall be extended when a written consent is granted.

Article 71. Conditions for ships to depart from seaports

1. A ship may depart from a seaport after the conditions for technical safety and environmental safety are met as prescribed, the procedures specified in this Decree are completed and it is issued with a Port Clearance Certificate by the Director of the port authority, except the cases specified in Clause 2 of this Article.

2. In case a ship arrives at a seaport and is expected to stay at the seaport within 12 hours, the master shall inform such to the local port authority for cooperating with other relevant regulatory authorities in completing the procedures for ship’s arrival at or departure from a seaport at the same time.

3. A ship is not allowed to leave a seaport in the following cases:

a) The cases prescribed in Clause 2, Article 98 of the Vietnam Maritime Code;

b) Its shown draft is higher than the permitted load line or it is heeled over 06 degrees of freedom movement or its hull is not totally watertight;

c) The ship is carrying bulk cargoes, grains or extra-long, extra-heavy cargoes, dangerous cargoes, or deck cargoes but necessary security measures in accordance with the rules for transport of such cargoes are not fully implemented;

d) The ship is yet to be repaired or subject to additional conditions for maritime safety and security and environmental safety at the request of the port authority, maritime inspection authority or other regulatory authorities.

Section 2. GENERAL REGULATIONS ON PROCEDURES FOR SHIPS

Article 72. Procedures for ships’ entry, exit, arrival at and departure from seaports and operation within Vietnamese territorial waters

The ship that enters, exits, transits, arrives and departs from seaports and operates within Vietnamese territorial waters must follow procedures according to the following regulations, except for the ship that passes safely as prescribed by law:

1. Ships shall undergo the procedures prescribed in Section 4 of this Chapter.

2. Domestic watercraft shall undergo the procedures for arrival at and departure from seaports as prescribed in Section 5 of this Chapter, except for the cases prescribed in Article 3 and Article 5 of this Decree.

3. Domestic watercraft that enters and exits a seaport shall undergo the same procedures prescribed in Articles 87, 88, 89 and 90 of this Decree.

4. Fishing ships shall be compliant with regulations of the Law on Fisheries.

5. Military ships, public service ships, submarines, submersibles, floating production storage and offloading units, mobile offshore drilling units, hydroplanes, VR-SB domestic watercraft and other watercraft that are not specified in Clauses 2 and 3 of this Article shall undergo the procedures prescribed in Clause 1 of this Article and other relevant regulations of law.

Article 73. Procedures for ships’ arrival at and departure from wharves, seaports and ports, inland landing stages within seaport waters or maritime areas

1. The ship that arrives at and departs from the maritime area within a seaport shall undergo the procedures which are the same as the ship that arrives at or departs from a seaport.

2. For the ship that arrives at a seaport or maritime area and then arrives at a port or inland landing stage within such seaport waters or maritime area, the port authority shall only follow the arrival procedures and issue a written dispatch order that is made using the Form No. 45 provided in the Appendix enclosed herewith when the ship moves to a port or inland landing stage; the inland waterway port authority shall follow the departure procedures.

3. For the ship that arrives at a port or inland landing stage within seaport waters or maritime area and then arrives at a wharf or port within the such port or maritime area, the port authority shall only follow the arrival procedures and issue a written dispatch order that is made using the Form No. 45 provided in the Appendix enclosed herewith when the ship moves to a wharf or port; the port authority shall apply the departure procedures.

Article 74. Regulations on reduction of and exemption from procedures for ship’s arrival at and departure from a seaport in special cases

1. The types of ships that are subject to reduction of and exemption from procedures for arrival at and departure from seaports shall comply with regulations specified in Article 97 of the Vietnam Maritime Code.

2. Ships arriving at a seaport to transfer rescued humans, property and ships and only staying there within 12 hours shall be allowed to complete only one-time procedures for arrival and departure and one of the following documents shall be submitted:

a) General Declaration;

b) Crew list;

c) Passenger list (if any).

3. The private sailing ship, yacht and tourist boat shall be exempted from submitting or presenting the documents specified in Article 4 of this Decree if the country whose flag is flown by such ship or boat does not require these documents.

Article 75. Procedures to be followed by foreign ships engaged in specific activities

1. Foreign warships and foreign ships arriving in Vietnam at the invitation of the Government of the Socialist Republic of Vietnam and ships engaged in search and rescue within Vietnamese territorial waters shall follow special procedures prescribed by law.

2. For the foreign nuclear-powered ship or the ship that carries radioactive substances:

a) The declarant shall submit a written request for granting of permission to the foreign nuclear-powered ship or the ship that carries radioactive substances to arrive at a seaport, which is made using the Form No. 39 provided in the Appendix enclosed with this Circular, directly or by post, to the Ministry of Transport, enclosed with a copy of Ship Registration Certificate and copies of the certificates of maritime safety and security, and environmental safety.

b) Within 10 working days from the day on which all valid documents are received, the Ministry of Transport shall inform the Prime Minister for consideration and approval, and issue a written response to the granting of permission to the foreign nuclear-powered ship or the ship that carries radioactive substances to arrive at a seaport.

3. For the foreign ships that arrives at a seaport to carry out the activities, including scientific research, fishery, salvage, sunken property recovery, towage within seaport waters, training, culture, sports, installation and construction of maritime structures and underground structures in service of natural resource survey, exploration and extraction, ship building and repair services or other environment-related activities within Vietnamese territorial waters:

a) The declarant shall submit an application, directly or in other appropriate forms, to the Vietnam Maritime Administration. The application includes: a written request for consent to the arrival of the foreign ship at a seaport, which is made using the Form No. 40 in the Appendix to this Decree; copies of documents relating to the purposes and duration of the ship’s arrival at a seaport; copy of the Ship Registration Certificate.

b) The Vietnam Maritime Administration shall receive the application. If the application is invalid, within 02 working days from the day on which such application is received, the Vietnam Maritime Administration shall provide guidance on the completion of the application as prescribed in this Decree. If the application is valid, within 07 working days from the day on which such application is received, the Vietnam Maritime Administration shall submit a written response, directly or by post, to the declarant. In case of rejection, a written response specifying reasons thereof shall be given.

Article 76. Time for completion of procedures

The regulatory authorities at the seaport shall be available 24/24 hours a day and 7 days a week at the place where procedures are followed as prescribed in Article 77 of this Decree to fulfill their duties.

Article 77. Places where procedures for ships are followed

1. Places where procedures are followed: Headquarters or representative offices of the port authority, except for the case specified in Clause 2 of this Article.

2. Places where procedures for ships that have a tonnage of 200 tonnes or below, flies the national flag of the country sharing its border with Vietnam arrive at the seaport in the border area between Vietnam and such country are followed:

a) For the ship that sails under the flag of China, when arriving at the Van Gia transshipment area (Mong Cai, Quang Ninh province) it shall undergo procedures at the headquarters or representative office of the port authority of Quang Ninh.

b) For the ship that sails under the flag of Cambodia, when arriving at Dong Thap seaport, it shall undergo procedures at the headquarters or representative office of the port authority of Dong Thap.

c) For the ship that sails under the flag of Cambodia, when arriving at the seaport in coastal border area of Kien Giang province, it shall undergo procedures at the headquarters or representative office of the port authority of Kien Giang.

3. The procedures shall be completed on board in the following cases:

a) Procedures are applied to passenger ships;

b) The ships arrive from the areas affected by human-, animal- or plant-related epidemics;

c) The violations of law are suspected or sufficient grounds for suspecting the truthfulness of declaration.

4. Relevant regulatory authorities shall inform the port authority and declarant when procedures are completed at the ship.

Article 78. Authorities that carry out procedures for foreign ships in transit through Vietnam to Cambodia and vice versa

1. The port authority of Vung Tau shall take charge and cooperate with relevant authorities in carrying out procedures for the foreign ship in transit through Vietnam to Cambodia via Tien river according to regulations of this Decree and relevant regulations of law.

2. The port authority of Can Tho shall take charge and cooperate with regulatory authorities at the seaport in carrying out procedures for the foreign ship in transit through Vietnam to Cambodia via Hau river according to regulations of this Decree and relevant regulations of law.

3. The port authority of Dong Thap shall take charge and cooperate with relevant authorities in carrying out procedures for the foreign ship in transit through Cambodia to Vietnam via Tien river according to regulations of this Decree and relevant regulations of law.

Article 79. Procedures for domestic watercraft in transit through Vietnam to Cambodia

Procedures for domestic watercraft in transit through Vietnam to Cambodia and vice versa shall be carried out under the Agreement on Waterway Transportation signed by Vietnam and Cambodia and relevant regulations of law.

Article 80. Responsibility for information processing and power to complete procedures for ships

1. The port authority shall inform relevant organizations of the ship that enters, exits, transits, arrives at or departs from a seaport and operates within Vietnamese territorial waters as prescribed to follow procedures and cooperate with each other in dispatching and receiving ships.

2. Other regulatory authorities shall, according to their tasks and information about the ship that enters, exits, transits, arrives at or departs from a seaport and operates within Vietnamese territorial waters to settle procedures for ships under their management and submit the results to the port authority. Regulatory authorities’ power to settle procedures for ships:

a) The port authority shall process ship documents and Certificate of Crew’s Competency, and shall be the last authority that allows ships to enter, exit, transit, arrive at or depart from a seaport;

b) The border checkpoint customs authority shall examine documents about cargoes, effects, raw materials and fuels on board.

c) The border guard shall process documents about crew, passengers, stowaways and persons boarding and disembarking ships;

d) The health quarantine authority shall process documents about human-related epidemics;

dd) The animal quarantine authority shall process documents about animals on board;

e) The plant quarantine authority shall process documents about plants carried on board.

3. The port authority shall, according to the information about ships and results of procedure settlement by other regulatory authorities, decide to settle procedures for the ship that enters, exits, transits, arrives at or departs from a seaport and operates within Vietnamese territorial waters.

Article 81. Form of declaration of procedures for ships’ entry, exit, transit, arrival at or departure from seaports and operation within Vietnamese territorial waters

Ship documents shall be submitted to a regulatory authority at a seaport via Fax, electronic declaration, directly or by post. In case the ship documents are submitted in the form of electronic database or other written forms according to regulations, the declarant only need to submit their copies and provide the address of the website of the competent authority that issued such documents for verification when necessary.

Section 3. E-PROCEDURES

Article 82. Application of e-procedures

1. E-procedures shall be followed according to regulations of this Decree and relevant regulations of law on national single-window system.

2. The Ministry of Finance shall take charge and cooperate with the Ministry of Transport and relevant ministries and central authorities in reviewing and completing the mechanism for e-procedures via the national single-window portal.

Article 83. Responsibilities of organizations for carrying out e-procedures

1. Procedures for ships’ entry, exit, transit, arrival at or departure from seaports and operation within Vietnamese territorial waters shall be carried out via the web portal. The declarant shall only declare and submit documents via the web portal and do not need to submit and present documents at the place where the procedures are followed as prescribed in this Decree. In case the declaration documents submitted via the web portal are not valid or there is not enough electronic database for examination and comparison, the port authority shall inform and request the declarant to submit and present valid and sufficient documents at the place where procedures are followed.

2. Regulatory authorities shall, within their competence, shall collect information and electronic documents submitted via the web portal to examine and carry out procedures.

3. The declarants and regulatory authorities shall pay and collect fees and charges for following e-procedures according to regulations.

4. Relevant organizations and individuals shall apply information technology to the completion of e-procedures for ships’ entry, exit, transit, arrival at or departure from seaports and operation within Vietnamese territorial waters.

5. Funding for investment in, establishment, management and operation of information technology system serving management of seaports and maritime operations shall be provided by the state capital and other legal capital sources.

6. In case the e-procedures are carried out, the port authority shall issue an electronic dispatch order to ships, electronic permission for transit, electronic Port Clearance Certificate or inform the reasons why the procedures are yet to be carried out via the web portal.

Article 84. E-documents, conversion from paper documents into e-documents and vice versa upon completion of procedures for ships

1. E-documents declared or shown to regulatory authorities at seaports through the web portal may be converted from paper documents if the following requirements are met:

a) Reflect all the information from paper documents;

b) Ensure availability of a digital signature registered with the web portal;

2. Paper documents may be converted from e-documents provided through the web portal if the following requirements are met:

a) Reflect all the information from e-documents;

b) Paper documents converted from e-documents should bear signs to notice that they are converted from e-documents and printed from the web portal. Such signs include information about the documents digitally signed by the licensing authority or web portal, name and email address and/or contact phone number of the signer, date of digital signature. The signs shall be published by web portal management authority;

c) Paper documents converted from e-documents should bear legal signature, full name and seal of the declarant.

3. E-documents shall have the same value as paper documents that are used to file procedures with regulatory authorities.

4. The declarant shall deposit e-documents and paper documents as prescribed.

Article 85. Use of digital signatures upon completion of e-procedures

1. The declarant shall use his/her digital signatures for declaration on the web portal.

2. Digital signatures used for declaration on the web portal shall be signatures corresponding to digital certificates issued by public or foreign authentication service providers recognized as prescribed by law.

3. The declarant shall register his/her digital signatures for declaration on the web portal.

Article 86. Receipt and resolution of difficulties facing declarant

1. Information concerning switchboards and electronic mailboxes shall be published on the web portal or websites of relevant ministries and central authorities.

2. Ministries and central authorities shall establish a division that is available 24 hours a day and 07 days a week for receipt and resolution of difficulties facing declarants.

Section 4. PROCEDURES FOR SHIPS’ ENTRY, EXIT, TRANSIT, ARRIVAL AT OR DEPARTURE FROM SEAPORTS AND OPERATION WITHIN VIETNAMESE TERRITORIAL WATER

Article 87. Notice of ship’s arrival at or departure from the seaport and notice of transit

1. Notice of ship’s arrival at the seaport and notice of transit:

Before a ship arrives at the seaport, the declarant shall submit the following documents to the port authority where the ship arrives:

a) A ship’s security notification made using the Form No. 41 provided in the Appendix enclosed herewith: For the cargo ship with a gross tonnage of 500 GT or more, passenger ship and mobile offshore drilling unit engaged in international voyages, within 24 hours before the ship arrives at the seaport;

b) Notice of ship’s arrival at the seaport made using the Form No. 42 provided in the Appendix enclosed herewith: Within 08 hours before the ship arrives at the seaport; within 02 hours before the ship arrives at a designated location at seaport in case the ship is moving among Vietnamese seaports or maritime area within 20 nautical miles. For the ship, military ship, nuclear-powered ship, the ship that carries radioactive substances or the ship that arrives at the invitation of the Government of the Socialist Republic of Vietnam, the notice shall be issued within 24 hours before such ships arrive at the seaports. Within 12 hours before since the ship is expected to arrive at an anchorage waiting for transit.

2. Notice of ship’s departure from the seaport:

Within 02 hours before the ship departs from the seaport, the declarant shall issue a notice of ship’s departure from the seaport made using the Form 57 provided in the Appendix enclosed herewith, directly or by other communications means, to the port authority.

Article 88. Confirmation of arrival of ship at the seaport

1. In case a ship arrives at the seaport earlier or later than 02 hours after the time specified in the notice of ship’s arrival, a confirmation of arrival of ship made using the Form 44 provided in the Appendix enclosed herewith shall be given to the port authority.

2. In case there is an ill person, dead person, rescued person or stowaway on board, a confirmation of arrival of vessel at the seaport, specifying his/her name, age, nationality, illness status or reasons of death and other relevant requirements and made using the Form No. 44 provided in the Appendix enclosed herewith, shall be given.

Article 89. Procedures for ships’ entry

1. The declarant shall issue the notice and confirmation of arrival of ship at the seaport as prescribed in Articles 87 and 88 of this Decree.

2. According to the notice and confirmation of arrival of ship at the seaport, within 02 hours before the ship arrives at the seaport, the Director of the port authority shall, according to the actual condition, technical specifications of the ship, types of cargoes, dispatching plan of the port authority, ship pilotage plan of the pilotage service provider and comments of the regulatory authorities, consider deciding to give consent to ship’s arrival through the pilotage plan made using the Form No. 46 provided in the Appendix enclosed herewith. In case of rejection, a written notice specifying reasons thereof shall be given to the declarant.

3. Within 02 hours since the ship anchored at the wharf or within 04 hours since the ship anchored at different locations within seaport waters according to the dispatching plan, the declarant shall submit and present the following documents:

a) The documents to be submitted (originals), 01 original per each, including (the Forms are specified in the Appendix enclosed herewith):

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48, Dangerous goods manifest made using the Form No. 49, Port Clearance Certificate - Submitted to port authorities;

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48, Declaration of arms and explosive materials (if any) made using the Form No. 36, Declaration of stowaway (if any) made using the Form No. 34 - Submitted to border guards;

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48, Cargo declaration (if any) made using the Form No. 43, House bill of lading declaration (if any) made using the Form No. 13, Dangerous goods manifest made (if any) using the Form No. 49, Ship’s stores declaration made using the Form No. 50, Declaration of the passenger and crew’s effects ineligible for relief from duties and taxes or subject to prohibitions or restrictions (if any) made using the Form No. 51 - Submitted to border checkpoint customs authorities;

- Maritime declaration of health made using the Form No. 52, Health quarantine declaration of corpse, bones, body, body ash (if any) made using the Form No. 33, Health quarantine declaration of microorganism sample, biological products, tissues, human body organs (if any) made using the Form No. 14 - Submitted to health quarantine authorities;

- Declaration for plant quarantine (if any) made using the Form No. 53 - Submitted to plant quarantine authorities;

- Declaration for animal quarantine (if any) made using the Form No. 54 - Submitted to animal quarantine authorities;

b) The documents to be presented (original), including:

- Ship Registration Certificate, Certificates of satisfaction of technical safety requirements, Certificate of Crew’s Competency, Seaman’s book, Certificate of insurance or other financial security in respect of civil liability for bunker oil pollution damage, Certificate of insurance for civil liability of shipowners for pollution caused by ships used to transport petroleum, petroleum products or other dangerous goods; Ship Security Certificate according to regulations, Written consent to foreign ships operating exclusively (if any) - Presented to port authorities;

- Passport or international laissez-passer of crew and passengers - Submitted to border guards;

- Crew’s International Certificate of Vaccination, Certificate of Health Quarantine, Ship’s Sanitation Control Exemption/Control Certificate (if any) - Presented to health quarantine authorities;

- Certificate of plant quarantine (if any) - Presented to plant quarantine authorities;

- The exporting country’s Certificate of animal quarantine (if any) - Presented to animal quarantine authorities;

- Passenger's passport and International Certificate of Vaccination (if any) - Presented at the request of the relevant regulatory authority.

4. Within 01 hour since the declarant submitted and presented all documents specified in Clause 3 of this Article, the regulatory authorities shall carry out procedures for ships under their management and immediately inform the port authorities of results and the port authorities shall complete procedures for ships’ entry. In case the procedures for ships are yet to be completed, a written notice specifying reasons thereof shall be given.

Article 90. Procedures for ships’ exit

1. The declarant shall issue notice of ship’s departure from the seaport as prescribed in Clause 2, Article 87 of this Decree.

2. Within 02 hours before the ship departs from the seaport; for the passenger ship and liner, not later than the time such ship or liner is going to depart, the declarant shall submit and present the following documents:

a) The documents to be submitted (originals), 01 original per each, including (the Forms are provided in the Appendix enclosed herewith):

- General Declaration made using the Form No. 42, Crew list (in case of changes versus the date of arrival) made using the Form No. 47, Passenger list (in case of changes versus the date of arrival) made using the Form No. 48, Dangerous goods manifest (if any) made using the Form No. 49 - Submitted to port authorities;

- General Declaration made using the Form No. 42, Crew list (in case of changes versus the date of arrival) made using the Form No. 47, Passenger list (in case of changes versus the date of arrival) made using the Form No. 48, Declaration of arms and explosive materials (if any) made using the Form No. 36 and Declaration of stowaway (if any) made using the Form No. 34 - Submitted to the border guards;

- General Declaration made using the Form No. 42, Crew list (in case of changes versus the date of arrival) made using the Form No. 47, Cargo declaration (if any) made using the Form No. 43, Dangerous goods manifest made (if any) using the Form No. 49, Ship’s stores declaration made using the Form No. 50, Declaration of the passenger and crew’s effects ineligible for relief from duties and taxes or subject to prohibitions or restrictions (if any) made using the Form No. 51- Submitted to the border checkpoint customs authorities;

Procedures for customs declaration shall not be applied to the effects of the passengers on board foreign passenger ships arriving at and departing from the port on the same voyage;

- Health quarantine declaration of corpse, bones, body, body ash (if any) made using the Form No. 33, Health quarantine declaration of microorganism sample, biological products, tissues, human body organs (if any) made using the Form No. 14 - Submitted to health quarantine authorities;

- Other documents already issued by a regulatory authority to the ship, crew and passenger, for revocation.

b) The documents to be presented (originals), including:

- The ship’s certificates (in case of changes versus the date of arrival), Certificate of Crew’s Competency (in case of changes versus the date of arrival), Seaman’s book (in case of change of a seaman), documents confirming the payment of fees, charges, fines or debts (if any) according to regulations of law - Presented to port authorities;

- Passport or international laissez-passer of crew and passengers - Presented to border guards;

- Crew and passenger’s International Certificate of Vaccination, Certificate of Health Quarantine (for people who depart from or transit through an area affected by an epidemic, are suspected of having an infection or carries a pathogen), Certificate of Health Quarantine (in case of changes) Ship’s Sanitation Control Exemption/Control Certificate (if any) - Submitted to health quarantine authorities;

- Certificate of animal quarantine of the exporting country (at the request of the next country the declarant enters) - Submitted to animal quarantine authorities.

3. Within 01 hour since the declarant submitted and presented all documents specified in Clause 2 of this Article, the regulatory authorities shall carry out procedures within their competence and immediately inform the port authorities of results and the port authorities shall issue the Port Clearance Certificate made using the Form No. 58 provided in the Appendix enclosed herewith. In case the Port Clearance Certificate is yet to be issued, a written notice specifying reasons thereof must be given.

4. In case a ship has been issued with a Port Clearance Certificate but it stays at the seaport for more than 24 hours since its departure is accepted, procedures for the ship’s exit shall be carried out again as prescribed in this Article.

Article 91. Procedures for ships’ entry, exit, arrival at or departure from the offshore oil port and operation within Vietnamese territorial waters

1. The notice and confirmation of arrival at and departure from ship at the seaport shall be made as prescribed in Articles 87 and 88 of this Decree.

2. Procedures shall be carried out as follows:

a) The declarant shall submit the documents, including: 01 copy of the General Declaration made using the Form No. 42 and 01Crew list made using the Form No. 47 (the Forms are provided in the Appendix enclosed herewith), directly or via Fax or email to the port authority. The port authority shall copy and submit such documents to relevant regulatory authorities for completion of procedures;

b) The port authority shall dispatch the ship to the port or issue a Port Clearance Certificate to the declarant after receipt of all documents specified in Point a of this Clause;

c) Within 12 hours after returning to shores, the declarant shall submit all documents specified in Articles 89, 90, 94, 95, 96 and 97 of this Decree. For the documents to be presented, the copies that bear the master’s signature and the seal of the ship shall be presented.

3. The time limit for completion of procedures for ships’ entry, exit, arrival at or departure from the offshore oil port and operation within Vietnamese territorial waters shall be deemed expired, when the agent of the shipowner submits all prescribed documents to the regulatory authorities at the premises of the port authority.

4. Regulations of this Article shall also apply to ships under the procedures for entry, exit, arrival at or departure from the seaport to operate within Vietnamese territorial waters.

Article 92. Procedures for ships in transit

1. The declarant shall issue notice and confirmation of arrival of the ship in transit as prescribed in Articles 87 and 88 of this Decree.

2. According to the notice and confirmation of the ship in transit, within 02 hours before the ship arrives at the anchorage waiting for transit, the Director of the port authority shall, according to the actual condition, technical specifications of the ship, types of cargoes, dispatching plan of the port authority, ship pilotage plan of the pilotage service provider and comments of the regulatory authorities, consider deciding to give consent to ship in transit through the dispatching plan made using the Form No. 46 provided in the Appendix enclosed herewith. In case of rejection, a written notice specifying reasons thereof shall be given to the declarant.

3. Within 02 hours before the ship transits, the declarant shall submit and present the following documents:

a) The documents to be submitted (originals), 01 original per each, including (The Forms are specified in the Appendix enclosed herewith):

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48 - Submitted to port authorities;

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48, Declaration of arms and explosive materials (if any) made using the Form No. 36, Declaration of stowaway (if any) made using the Form No. 34 - Submitted to border guards;

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Cargo declaration (if any) made using the Form No. 43, Ship’s stores declaration made using the Form No. 50, House bill of lading declaration (if any) made using the Form No. 13 - Submitted to the border checkpoint customs authorities;

- Maritime declaration of health made using the Form No. 52, Health quarantine declaration of corpse, bones, body, body ash (if any) made using the Form No. 33, Health quarantine declaration of microorganism sample, biological products, tissues, human body organs (if any) made using the Form. No. 14 - Submitted to health quarantine authorities;

b) The documents to be presented (original), including:

- Port Clearance Certificate, Ship Registration Certificate, Certificates of satisfaction of technical safety requirements, Certificate of Crew’s Competency according to regulations, Certificate of insurance or other financial security in respect of civil liability for bunker oil pollution damage, Certificate of insurance for civil liability of shipowners for pollution in respect of ships used to transport petroleum, petroleum products or other dangerous goods - Presented to the port authorities;

- Passport or international laissez-passer of crew and passengers - Presented to border guards;

- Passenger's passport (if any) - Presented at the request of the relevant regulatory authority.

4. Within 01 hour since the declarant submitted and presented all documents specified in Clause 3 of this Article, the regulatory authority shall carry out procedures and immediately inform the port authorities of results and the port authority shall issue the Permission for Transit made using the Form No. 56 provided in the Appendix enclosed herewith. In case the Permission for Transit is yet to be issued, a written notice specifying the reasons thereof must be given.

Article 93. Procedures for ship that has a tonnage of 200 tonnes or below, flies the national flag of the country sharing its border with Vietnam enter and exit the seaport in the border area between Vietnam and such country

1. The declarant shall issue notice and confirmation of arrival and departure of ship at the seaport as prescribed in Articles 87 and 88 of this Decree.

2. According to the notice and confirmation of arrival and departure of ship at the seaport, within 02 hours before the ship arrives at the seaport, departs from the seaport or not later than the time the passenger ship and liner departs from the seaport, the declarant shall submit and present the following documents:

a) The documents to be submitted (originals), 01 original per each, including (the Forms are specified in the Appendix enclosed herewith):

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48, Dangerous goods manifest (if any) made using the Form No. 49 - Submitted to the port authorities;

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Cargo declaration (if any) made using the Form No. 43, House bill of lading declaration (if any) made using the Form No. 13, Declaration of the passenger, crew and persons on board's effects ineligible for relief from duties and taxes or subject to prohibitions or restrictions (if any) made using the Form No. 51, Dangerous goods manifest (if any) made using the Form No. 49 - Submitted to the border checkpoint customs authorities;

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48, Declaration of arms and explosive materials (if any) made using the Form No. 36, Declaration of stowaway (if any) made using the Form No. 34 - Submitted to the border guards;

b) The documents to be presented (originals), including:

- Ship Registration Certificate, certificates of satisfaction of technical safety requirements or ship’s technical safety manual, Certificate of Master’s Competency, Certificate of Chief Engineer Officer’s Competency in case of ships with a tonnage of between 50 tonnes and 200 tonnes or with total main engine capacity of over 200 horsepower - Presented to the port authorities. The presentation of Certificate of Master’s Competency and Certificate of Chief Engineer Officer’s Competency is not required if the tonnage of the ship is below 50 tonnes;

- Passport or international laissez-passer or personal papers of crew and passengers according to regulations of the Agreement signed between Vietnam and bordering country - Presented to border guards;

3. Within 01 hour since the declarant submitted and presented all documents specified in Clause 2 of this Article, the regulatory authorities shall carry out procedures and immediately inform the port authorities of results and the port authorities shall complete procedures. In case the procedures are yet to be completed or the Port Clearance Certificate is yet to be issued, a written notice specifying reasons thereof shall be given.

4. If the ships specified in this Article stay at the seaport within 24 hours, they shall undergo the procedures for entry and exit at the same time.

Article 94. Procedures for inland waterway ship’s arrival at a seaport; procedures applied to Vietnamese ship that enters another seaport in Vietnam after being granted entry

1. The declarant shall issue the notice and confirmation of arrival of ship at the seaport as prescribed in Articles 87 and 88 of this Decree.

2. According to the notice and confirmation of arrival of ship at the seaport, within 02 hours before the ship arrives at the seaport, the Director of the port authority shall, according to the actual condition, technical specifications of the ship, types of cargoes, dispatching plan of the port authority, ship pilotage plan of the pilotage service provider and comments of the regulatory authorities, consider deciding to give consent to ship’s arrival at the seaport through the dispatching plan made using the Form No. 46 provided in the Appendix enclosed herewith. In case of rejection, a written notice specifying reasons thereof shall be given to the declarant.

3. Within 02 hours since the ship anchored at the wharf or within 04 hours since the ship anchored at different locations within seaport waters according to the dispatching plan, the declarant shall submit and present the following documents:

a) The documents to be submitted (originals), 01 original per each, including (the Forms are specified in the Appendix enclosed herewith):

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48, Port Clearance Certificate - Submitted to port authorities;

- Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48 - Submitted to the border guards;

b) Documents to be presented to the port authorities (the original), including: Ship Registration Certificate, Certificates of satisfaction of technical safety requirements according to regulations, Seaman’s book, Certificate of Crew's Competency according to regulations.

4. Within 01 hour since the declarant submitted and presented all documents specified in Clause 3 of this Article, the regulatory authorities shall carry out procedures for ships under their management and immediately inform the port authorities of results and the port authorities shall complete procedures. In case the procedures are yet to be completed, a written notice specifying reasons thereof shall be given.

5. For the Vietnamese ship that enters another seaport in Vietnam after being granted entry and does not transport imports, transit cargoes or passengers or crew holding foreign nationality, the procedures prescribed in this Article shall be followed.

Article 95. Procedures for the arrival of the inland waterway ship that transports imports, transit cargoes or passengers or crew holding foreign nationality at a seaport; procedures applied to foreign ship that enters another seaport in Vietnam after being granted entry

1. The declarant shall issue notice of and confirmation of arrival of ship at the seaport as prescribed in Articles 87 and 88 of this Decree.

2. According to the notice and confirmation of arrival of ship at the seaport, within 02 hours before the ship arrives at the seaport, the Director of the port authority shall, according to the actual condition, technical specifications of the ship, types of cargoes, dispatching plan of the port authority, ship pilotage plan of the pilotage service provider and comments of the regulatory authorities, consider deciding to give consent to ship’s arrival at the seaport through the dispatching plan made using the Form No. 46 provided in the Appendix enclosed herewith. In case of rejection, a written notice specifying reasons thereof shall be given to the declarant.

3. Within 02 hours since the ship anchored at the wharf or within 04 hours since the ship anchored at different locations within seaport waters according to the dispatching plan, the declarant shall present the following documents:

a) The documents to be submitted (originals), 01 original per each, including (the Forms are specified in the Appendix enclosed herewith):

- General Declaration made using the Form No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48, Dangerous goods manifest (in case of transport of imports and transit cargoes) made using the Form No. 49, Port Clearance Certificate - Submitted to the port authorities;

- General Declaration (for the ship flying a foreign flag) made using the Form No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using the Form No. 48, Declaration of arms and explosive materials (if any) made using the Form No. 36, Declaration of stowaway (if any) made using the Form No. 34 - Submitted to the border guards;

- General Declaration (in case of transport of imports and transit cargoes) made using the Form No. 42, Crew list (if there are crew holding foreign nationality) made using the Form No. 47, Cargo declaration (in case of transport of imports and transit cargoes) made using the Form No. 43, Dangerous goods manifest (in case of transport of imports and transit cargoes) made using the Form No. 49, Ship’s stores declaration (in case of transport of imports and transit cargoes) made using the Form No. 50, Declaration of the passenger, crew and persons on board's effects ineligible for relief from duties and taxes or subject to prohibitions or restrictions (if there are crew and passengers holding foreign nationality) made using the Form No. 51 - Submitted to the border checkpoint customs authorities.

b) The documents to be presented (originals), including:

- Ship Registration Certificate, Certificate of Crew's Competency according to regulations, Certificates of satisfaction of technical safety requirements according to regulations, Seaman’s book - Presented to port authorities;

- Passport of crew or international laissez-passer (if there are crew holding foreign nationality) - Presented to border guards;

- Passenger's passport and International Certificate of Vaccination (if there are passengers holding foreign nationality) - Presented at the request of the relevant regulatory authority.

4. Within 01 hour since the declarant submitted and presented all documents specified in Clause 3 of this Article, the regulatory authorities shall carry out procedures for ships under their management and immediately inform the port authorities of results and the port authorities shall complete procedures. In case the procedures are yet to be completed, a written notice specifying reasons thereof shall be given.

Article 96. Procedures for the inland waterway ship’s departure from seaports; procedures applied to ship that enters another seaport in Vietnam after being granted entry

1. The declarant shall issue the notice and confirmation of departure of ship from the seaport as prescribed in Articles 87 and 88 of this Decree.

2. According to the notice and confirmation of departure of ship from the seaport, within 02 hours before the ship departs from the seaport, the declarant shall submit and present the following documents:

a) The documents to be submitted (originals), 01 original per each, including (the Forms are specified in the Appendix enclosed herewith):

- General Declaration made using the Form No. 42, Crew list (in case of change of crew) made using the Form No. 47, Passenger list (in case of change of passengers) made using the Form No. 48 - Submitted to the port authorities;

- Crew list (in case of change of crew) made using the Form No. 47, Passenger list (in case of change of passengers) made using the Form No. 48 - Submitted to the border guards;

b) The documents to be presented to the port authorities (the original), including: the ship’s certificates, Certificate of Crew’s Competency (in case of changes versus the date of arrival), documents confirming the payment of fees, charges, fines or debts (if any) according to regulations of law.

3. Within 01 hour since the declarant submitted and presented all documents specified in Clause 2 of this Article, the regulatory authorities shall carry out procedures and immediately inform the port authorities of results and the port authorities shall issue the Port Clearance Certificate made using the Form No. 58 provided in the Appendix enclosed herewith. In case the procedures are yet to be completed, a written notice specifying the reasons and remedial measures thereof shall be given.

4. In case a ship has been issued with a Port Clearance Certificate but it stays at the seaport for more than 24 hours since its departure is accepted, procedures for the ship’s departure shall be carried out again as prescribed in this Article.

Article 97. Procedures for departure of the inland waterway ship that transports imports, transit cargoes or passengers or crew holding foreign nationality at seaports; procedures applied to ship that enters another seaport in Vietnam after being granted entry and transports imports, transit cargoes or passengers or crew holding foreign nationality

1. The declarant shall issue the notice and confirmation of departure of ship from the seaport as prescribed in Articles 87 and 88 of this Decree.

2. According to the notice and confirmation of departure of ship from the seaport, within 02 hours before the ship departs from the seaport, the declarant shall submit and present the following documents:

a) The documents to be submitted (originals), 01 original per each, including (the Forms are specified in the Appendix enclosed herewith):

- General Declaration made using the Form No. 42, Crew list (in case of change of crew) made using the Form No. 47, Passenger list (in case of change of passengers) made using the Form No. 48, Dangerous goods manifest (in case of transport of imports and transit cargoes) made using the Form No. 49 - Submitted to port authorities;

- General Declaration (if there are crew and passengers holding foreign nationality) made using the Form No. 42, Crew list (if there are crew holding foreign nationality) made using the Form No. 47, Passenger list (if there are passengers holding foreign nationality) made using the Form No. 48 - Submitted to border guards;

- General Declaration (in case of transport of imports and transit cargoes) made using the Form No. 42, Crew list (if there are crew holding foreign nationality) made using the Form No. 47, Cargo declaration (in case of transport of imports and transit cargoes) made using the Form No. 43, Dangerous goods manifest made (in case of transport of imports and transit cargoes) using the Form No. 49, Ship’s stores declaration (in case of transport of imports and transit cargoes) made using the Form No. 50, Declaration of the passenger and crew’s effects ineligible for relief from duties and taxes or subject to prohibitions or restrictions (if there are crew and passengers holding foreign nationality) made using the Form No. 51 - Submitted to border checkpoint customs authorities.

b) The documents to be presented (originals), including:

- The ship’s certificates, Certificate of Crew’s Competency (in case of changes versus the date of arrival); documents confirming the payment of fees, charges, fines or debts (if any) according to regulations of law - Presented to port authorities;

- Crew and passenger's passport or international laissez-passer (if there are crew and passengers holding foreign nationality) - Presented to border guards;

- Crew and passenger’s International Certificate of Vaccination (for people who depart from or transit through an area affected by an epidemic, are suspected of having an infection or carries a pathogen) - Submitted to health quarantine authorities.

3. Within 01 hour since the declarant submitted and presented all documents specified in Clause 2 of this Article, the regulatory authorities shall carry out procedures and immediately inform the port authorities of results and the port authorities shall issue the Port Clearance Certificate made using the Form No. 58 provided in the Appendix enclosed herewith. In case the procedures are yet to be completed, a written notice specifying the reasons and remedial measures thereof shall be given.

4. In case a ship has been issued with a Port Clearance Certificate but it stays at the seaport for more than 24 hours since its departure is accepted, procedures for the ship’s departure shall be carried out again as prescribed in this Article.

Article 98. Procedures for shakedown testing of ships that are under construction or repair or have undergone modification

1. Within 02 hours before the ship is constructed, repaired, undergoes shakedown testing or modification, the declarant shall submit and present the following documents to the port authority:

a) The documents to be submitted (originals), 01 original per each, including: An application form for permission for shakedown testing specifying reasons for movement, place of arrival and testing time; Crew list; Passenger list (if any);

b) The documents to be presented: Certificate of Crew’s Competence; towage plan in case the ship that undergoes the shakedown testing does not use its own engine.

2. Within 01 hour since the declarant submitted and presented all documents specified in Clause 1 of this Article, the port authority shall issue the Permission for Shakedown Testing made using the Form No. 55 provided in the Appendix enclosed herewith. In case the procedures are yet to be completed, a written notice specifying the reasons and remedial measures thereof shall be given.

3. In case a ship has been issued with a Permission for Shakedown Testing but it fails to undergo a shakedown testing within 24 hours, procedures for the ship’s shakedown testing shall be carried out again as prescribed in this Article.

4. In case the ship undergo a shakedown testing by going from one seaport to another, the Permission for Shakedown Testing shall be replaced by the Port Clearance Certificate.

Section 5. PROCEDURES FOR DOMESTIC WATERCRAFT’S ARRIVAL AT AND DEPARTURE FROM SEAPORTS

Article 99. Procedures for domestic watercraft’s arrival at seaports

Procedures for domestic watercraft’s arrival at the seaport, except for the VR-SB domestic watercraft shall be completed as follows:

1. Places where procedures are followed: Headquarters or representative offices or stations of the port authority, except for the case specified in Clause 2 of this Article.

2. Before the ship arrives at the seaport or after it is safely anchored, the declarant shall submit and present the following documents to the port authority:

a) The documents to be submitted (originals), 01 original for each, including (the Forms are specified in the Appendix enclosed herewith): General Declaration (for the domestic watercraft) made using the Form No. 59, Passenger List (for the passenger watercraft) made using the Form No. 61, Port Clearance Certificate;

b) Documents to be presented (originals), including: Domestic Watercraft Registration Certificate; Certificates of satisfaction of technical safety and environmental safety requirements, Seaman’s book; Certificate of Crew and Vehicle Operator's Competency; the delivery contract or delivery note (if any).

3. Within 30 minutes since the declarant submitted and presented all documents specified in Clause 2 of this Article, the port authority shall complete the procedures. In case of failure to complete the procedures, a written notice specifying the reasons thereof shall be given.

Article 100. Procedures for domestic watercraft’s departure from seaports

Procedures for domestic watercraft’s departure from the seaport, except for the VR-SB domestic watercraft shall be completed as follows:

1. Places where procedures are completed: Headquarters or representative offices or stations of the port authority, except for the case specified in Clause 2 of this Article.

2. Before the ship departs from the seaport, the declarant shall submit and present the following documents to the port authority: (the Forms are specified in the Appendix enclosed herewith):

a) General Declaration (for the domestic watercraft) made using the Form No. 59;

b) Passenger list (if there is any change) made using the Form No. 61;

c) Documents relating to the changes to the documents specified in Point b, Clause 2, Article 99 of this Decree (if any);

d) Documents confirming the payment of fees, charges, fines or debts (if any) according to regulations of law.

3. Within 30 minutes since the declarant submitted and presented all documents specified in Clause 2 of this Article, the port authority shall issue the Port Clearance Certificate made using the Form No. 62 provided in the Appendix enclosed herewith.

4. In case a domestic watercraft arrives at a seaport, stays there for not more than 72 hours and does not handle cargoes or embark or disembark passengers and no changes have been made to documents since the watercraft arrived, arrival and departure procedures may be carried out when it departs.

5. In case a domestic watercraft has been issued with a Port Clearance Certificate but it stays within seaport waters for more than 24 hours since its departure is accepted, procedures for the domestic watercraft’s departure shall be carried out again as prescribed in this Article.

Section 6. MARITIME PILOTAGE

Article 101. Rules for announcement of ship navigation routes and organizational structure and operation of pilotage service providers

The navigation routes in the compulsory pilotage areas shall be announced by a competent authority in the areas posing risk to maritime security and safety and environmental safety. The ships operating on the navigation routes shall employ maritime pilots unless maritime pilotage is exempted as prescribed.

Article 102. Suspension or change of maritime pilots

In case of suspension or change of a maritime pilot, the master of the piloted ship shall promptly inform relevant pilotage service provider and port authorities thereof.

Article 103. Provision of maritime pilotage services

1. The declarant shall submit a written request for provision of maritime pilotage services within 06 hours before the expected time of pilot boarding. The written request may be submitted earlier if it is necessary for prevention of maritime accidents.

2. In case of change of time for pilot boarding or cancellation of provision of pilotage services, the declarant shall inform the pilotage service provider thereof within 03 hours before the expected time of pilot boarding.

3. The pilotage service provider shall prepare daily pilotage plans according to the written request specified in Clauses 1 and 2 of this Article. The daily pilotage plan includes from the following contents: name, nationality, basic technical characteristics, anchorage, time of pilot boarding, the wharf or place where the ship is expected to be anchored, name of the pilot and other necessary contents.

4. Before 16:00 every day, the pilotage service provider shall submit the pilotage plan of the next day in order for the port authority to prepare the plan for dispatching ships that arrive, depart, transit through the seaport or move within seaport waters. Changes or other requests that arise shall be immediately reported to the port authority for prompt adjustments to the daily dispatching plan. The port authority shall prepare and submit the daily dispatching plan to the pilotage service providers, port enterprises and relevant organizations and individuals before 17:00.

5. Pilotage service providers, port enterprises, masters, pilots and relevant organizations and individuals shall implement the dispatching plan submitted by the port authority.

6. The pilot shall wait at the pilot boarding area within 04 hours since the expected time of pilot boarding unless the declarant requests the change of the time of pilotage, which is approved by the port authority. After 04 hours, the request for provision of pilotage services shall be invalidated and the declarant shall pay for the waiting time as prescribed.

7. Within 01 hour since the dispatching plan submitted by the port authority is received, the pilotage service provider shall confirm the expected place and time of pilot boarding. If a pilot is on board the ship late or a place other than the confirmed one, thereby keeping the ship waiting or causing it to move to another place, the pilotage service provider shall pay for the waiting time as prescribed. The declarant shall immediately inform such to the port authority and the pilotage service provider for prompt remedial measures according to regulations.

8. The master of the piloted ship may select or suspend a pilot and request the change of pilot in case the pilot fails to satisfy professional requirements or conditions prescribed by law. In case of suspension or change of a maritime pilot, the master of the piloted ship shall promptly inform relevant maritime pilotage service provider and port authorities.

9. The pilotage service provider shall designate the pilots that are qualified for piloting the ship.

Article 104. Responsibilities of a pilot

1. A pilot has the following responsibilities:

a) Exercise his/her rights and fulfill his/her obligations prescribed in the Vietnam Maritime Code and other relevant regulations of law.

b) Strictly stick to the dispatching plan of the port authority. In case of refusal to pilot a ship, a notice specifying reasons thereof shall be immediately issued to the port authority and pilotage service provider for remedial measures;

c) Immediately inform the port authority of maritime accidents or emergencies, provision of tugboats and safety conditions for landing and departure from the wharf, change of the condition of aids to navigation, safety conditions for navigational channels and other events that fail to satisfy safety conditions that occurred or are discovered during pilotage;

d) Request the master to comply with regulations of law on maritime safety and security assurance and environmental safety. In case the master fails to comply with the request, promptly inform the port authority and pilotage service provider;

dd) Strictly comply with the designation of pilot by the head of the pilotage service provider at the request of the master. In case of refusal to pilot the ship for legitimate reasons, the master shall report such to the head of the pilotage service provider and port authority for remedial measures;

e) Discuss with the master about the information about actual condition of the navigation routes, characteristics of ship dispatching and other information relating to maritime operations carried out on navigation routes before dispatching ships.

g) Embark and disembark the ship at the prescribed place and time.

2. When piloting the ship himself, the master shall comply with the regulations prescribed in Points a, b and c, Clause 1 of this Article.

Article 105. Obligations of a pilot upon navigation of a ship

A pilot has the following obligations upon navigation of a ship:

1. Fulfill the obligations prescribed in Article 251 of the Vietnam Maritime Code.

2. Provide accurate information about actual condition of the navigation routes, characteristics of ship dispatching and other information relating to maritime operations carried out on navigation routes.

3. Strictly and accurately execute the dispatch order of the Director of the port authority.

4. Do not harass or cause difficulty or commit other acts of misconduct towards enterprises or ships requiring pilots.

5. Do not use alcoholic drinks or stimulants that are prohibited during navigation of a ship.

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