Nghị định 77/2017/NĐ-CP quy định quản lý, bảo vệ an ninh, trật tự tại cửa khẩu cảng

DECREE

ON MANAGEMENT AND PROTECTION OF SECURITY AT PORT CHECKPOINTS

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

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

Pursuant to the Law on Immigration, transit and residence of foreigners in Vietnam dated June 16, 2014;

Pursuant to the Law on Inland waterway transport dated June 15, 2004 and the Law on amendments to certain articles of the Law on Inland waterway transport dated June 17, 2014;

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

Pursuant to the Law on National borders dated June 17, 2003;

Pursuant to the Ordinance on Border guard officers dated March 28, 1997;

At the request of the Minister of National Defense;

The Government promulgates a Decree on management and protection of security at port checkpoints.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree deals with:

a) Border guard procedures; border guard inspection and supervision; granting visas, shore passes to seamen, disembarkation cards and permits granted by border guard officers at port checkpoints;

b) Management of activities related to security of Vietnamese, foreigners, Vietnamese vessels, vessels having ensigns of foreign countries (hereinafter referred to as "foreign vessels") and other Vietnamese or foreign vehicles at port checkpoints;

c) Responsibilities of ministries and People’s Committees of provinces/central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) where port checkpoints are located, state authorities responsible for the management of ports; law enforcement forces, local authorities and port-operating enterprises in the management and protection of security at port checkpoints.

2. Military ports used for the purposes of national security are not regulated by this Decree.

3. Military ports used for commercial purposes shall be regulated by this Decree and regulations of relevant law.

Article 2. Regulated entities

1. Authorities, organizations, individuals, vessels and other vehicles of Vietnam or foreign countries entering, leaving and operating at port checkpoints.

2. This Decree does not apply to foreign military ships entering the Socialist Republic of Vietnam; vessels and other vehicles of the Vietnamese army and police performing national security duties at port checkpoints.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “port checkpoint” is either a seaport checkpoint or inland port checkpoint:

a) “seaport checkpoint” means the area of seaport and wharf; offshore oil terminals opened by the Ministry of Transport or the Vietnam Maritime Administration within its competence according to regulations of law on allowing Vietnamese or foreign vessels to enter or leave for material handling, embarkation or disembarkation and other activities.

A seaport checkpoint is either an inland water port, inland water wharf or fishing port located in waters of the seaport.

b) “inland port checkpoint” means the area of an inland waterway port or inland waterway wharf opened by the Ministry of Transport or Vietnam Inland Waterway Administration or a provincial Department of Transport within its competence according to regulations of law on allowing Vietnamese or foreign vessels to enter or leave for material handling, embarkation or disembarkation and other activities.

An inland port checkpoint includes every inland wharf whose waters are located within the waters of the inland port checkpoint.

2. “inbound vessel” means a Vietnamese or foreign vessel that enters Vietnam’s territorial waters through the maritime boundary of Vietnam, except for the innocent passage specified in Article 23 of the Law on the Sea of Vietnam dated June 21, 2012.

3. “outbound vessel” means a Vietnamese that leaves territorial waters of Vietnam or a foreign vessel that leaves through the maritime boundary of Vietnam, except for the innocent passage specified in Article 23 of the Law on the Sea of Vietnam dated June 21, 2012.

4. “vessel in transit” means a foreign vessel that going through the maritime boundary of Vietnam on the way to a third country, except for the passage not violating regulations specified in Article 23 of the Law on the Sea of Vietnam dated June 21, 2012;

5. “port-transfer vessel” means a foreign vessel or a Vietnamese vessel having foreign seamen and foreign passengers that have completed entry procedures on a port checkpoint of Vietnam and then leaving for another.

6. "port border guards" are affiliated to headquarters of provincial border guard, including port border guard headquarters and port border guard stations.

7. “state authorities responsible for port management” include port border guards, customs, provincial Maritime Administration Authorities at checkpoints, provincial Inland Waterway Port Authorities, international health quarantine centers, animal quarantine centers and plant quarantine centers.

8. “border guard procedures at port checkpoints” means procedures for how to make applications, requirements for applicants and port border guard that they have to satisfy to handle issues for Vietnamese people and vessels entering or leaving; or foreign people and vessels transiting or transferring port checkpoints.

Border guard procedures include immigration procedures, transit procedures, procedures for departing from and entering port checkpoints.

9. “electronic border guard procedures” means applications are declared by applicants and processed by port border guards via the Internet.

10. “manual border guard procedures” means physical applications are declared by applicants and processed by port border guards.

11. “border guard inspection and supervision” means port border guard officers taking professional measures to check, assess and identify validity of documents and people and vehicles entering and leaving port checkpoints for national security purposes.

12. “permits” specified in Point a Clause 1 Article 1 herein are types of documents granted by port border guards to allow Vietnamese and foreigners to disembark from foreign vessels, foreigners to disembark from Vietnamese vessels anchored to ports for carrying out activities related to mass media, research and visits; Vietnamese or foreigners to control vehicles anchored to foreign vessels; foreign seamen to stay overnight onshore or move to other vessels anchored to ports.

13. “stowaway” is a person who hides in a vessel or cargo loaded onto a vessel without any permission granted by a shipowner, a shipmaster or any other responsible person and detected in the vessel before it leaves the port, during the voyage or in the cargo while unloading at the arrival port.

Chapter II

BORDER GUARD PROCEDURES; BORDER GUARD INSPECTION AND SUPERVISION; GRANTING VISAS AND PERMITS GRANTED BY BORDER GUARD OFFICERS AT PORT CHECKPOINTS

Section 1. BORDER GUARD PROCEDURES

Subsection 1. APPLICATION OF BORDER GUARD PROCEDURES TOWARDS INBOUND AND OUTBOUND VESSELS, VESSELS IN TRANSIT AND PORT-TRANSFER VESSELS

Article 4. Inbound vessels

Inbound vessels, seamen and passengers thereon shall follow entry procedures at the first port checkpoint where the vessels arrive.

Article 5. Outbound vessels

1. Outbound foreign vessels, seamen and passengers thereon before leaving the maritime boundary of Vietnam shall follow exit procedures at the final port checkpoint where the vessels depart.

2. Outbound Vietnamese vessels, seamen and passengers thereon before leaving the territorial waters of Vietnam shall follow exit procedures at the final checkpoint where the vessels depart.

Article 6. Vessels in transit

1. Vessels in transit shall follow transit procedures when entering the maritime boundary of Vietnam.

2. During the transit period, on the way of transit, the shipmaster shall be responsible for the management of seamen, passengers and cargo on the vessel and maintaining the sealing status and the border guard records; shall not let people disembark, leave vessels or anchored to vehicles and carry out other activities without permission granted by competent Vietnamese authorities, except for officials, employees and means of State authorities specialized in ports, pilots, applicants carrying out procedures for performing their tasks and medical officers disembarking from the vessel to provide first aids for seamen and passengers.

Article 7. Port-transfer vessels

Procedures for a port-transfer vessel shall include:

1. Procedures for departing from a Vietnamese port checkpoint for another.

2. Procedures for entering a Vietnamese port checkpoint from another.

Subsection 2. TIME FOR COMPLETING BORDER GUARD PROCEDURES; RESPONSIBILITIES IN FOLLOWING BORDER GUARD PROCEDURES

Article 8. Time for completing border guard procedures

1. In case of vessels

a) The completion of electronic border guard procedures shall be determined from the day on which applicants receive the confirmation of successful electronic border guard procedures in case of inbound/outbound vessels, vessels in transit or port-transfer vessels;

b) The completion of manual border guard procedures shall be determined from the day on which port border guard officers verify a common declaration form in case of inbound, outbound or vessels in transit; seal documents on the vessel departing from a Vietnamese port checkpoint for another; receive and conduct inspections of documents of the vessel arriving at a Vietnamese port checkpoint from another.

2. In case of seamen and passengers

a) The completion of electronic border guard procedures towards foreign seamen shall be determined from the day on which they receive the confirmation of successful electronic border guard procedures in case of inbound/outbound vessels, vessels in transit or port-transfer vessels;

b) The completion of manual border guard procedures towards foreign seamen shall be determined from the day on which port border guard officers finish verifying such procedures for the list of seamen;

c) The completion of border guard procedures towards Vietnamese seamen and passengers shall be determined from the day on which port border guard officers finish verifying such procedures for passport of seamen and passengers.

Article 9. Responsibilities in following border guard procedures

1. Responsibilities of port border guards

a) Carry out border guard procedures around the clock;

b) Receive, conduct inspections of the validity and verify documents submitted by the applicant;

c) Return the application to the applicant after completing border guard procedures, except for a decision on suspension of exhibits or equipment used for committing violations against such application to ensure actions against violations or suspend the application until the violator complies with the handling imposed by a competent authority;

d) Receive and process the request made by the applicant within their competence.

2. Responsibilities of each applicant

a) Declare and submit documents prescribed herein and other regulations of relevant law;

b) Carry out decisions and requests made by port border guards during the process of border guard procedures;

c) If a stowaway is found in the vessel before, during or after border guard procedures are processed, the shipmaster shall impose necessary preventative measures in case of particular requirements to make the application, protect documents and exhibits, manage, control strictly stowaways, and promptly request port border guards to cooperate with competent authorities.

Section 3. ELECTRONIC BORDER GUARD PROCEDURES

Article 10. Border guard procedures processed through the national single-window system

1. Electronic border guard procedures shall be processed through the national single-window system according to regulations of law on the national single-window system.

2. If the national single-window system is not operational, the applicant shall carry out electronic border guard procedures through the website of seaport border guard procedures prescribed by the Prime Minister or manual procedures specified in Articles 12, 13, 14, 15, 16 and 17 herein.

Article 11. Entities eligible to follow electronic border guard procedures

1. Inbound or outbound Vietnamese vessels.

2. Inbound/outbound foreign vessels, foreign vessels in transit or port-transfer foreign vessels.

3. Vessels having licenses or permits granted by a Vietnamese licensing authority to arrive at the port, including:

a) Foreign vessels having engine running by nuclear power or vessels transporting radioactive substances;

b) Foreign vessels arriving at the port to carry out activities related to scientific research, culture, sports, fishery, rescue, finding sunk assets, pilot, construction, surveying and repair of sea works;

c) Foreign vessels arriving at the territorial waters of Vietnam to carry out activities related to surveying and exploration and environmental activities.

4. Foreign seamen travelling on inbound/outbound foreign vessels, foreign vessels in transit or port-transfer foreign vessels.

5. Vessels and seamen carrying out manual border guard procedures specified in Clause 1 and Clause 4 Article 12 herein and carrying out electronic border guard procedures when border guard officers and relevant state authorities satisfy the information technology infrastructure and requirements for professional management.

Section 4. MANUAL BORDER GUARD PROCEDURES

Article 12. Entities eligible to follow manual border guard procedures

1. Vietnamese fishing vessels.

2. Foreign vessels finding shelters, rescuing injured seamen or passengers due to storms.

3. Vessels failing to carry out electronic border guard procedures due to errors of the website of the national single-window system or the website of seaport border guard procedures.

4. Vietnamese seamen.

5. Vietnamese and foreign passengers.

Article 13. Manual border guard procedures followed by inbound, outbound and vessels in transit

1. Places where manual border guard procedures are carried out

a) At a head office or representative office of the provincial Maritime Administration Authority or Inland Waterway Port Authority;

b) On a vessel according to regulations of law on the management of maritime activities;

c) Apart from cases of carrying out procedures on the vessel according to regulations of law on the management of maritime activities, port border guards shall report the following cases to the provincial Maritime Administration Authority or Inland Waterway Port Authority:

There is a stowaway;

The vessel commits violations against regulations of law on security and orders;

There is proof of wrong declaration of seamen or passengers;

There is proof of seamen or passengers using passports or fake international travel documents to immigrate or transit.

2. Time limit for carrying out border guard procedures and necessary documents are prescribed by regulations of law on the management of maritime activities.

3. Each foreign seaman shall present a seaman’s book to carry out enter, exit or transit procedures if:

a) The passport or international travel document is not available;

b) The passport or international travel document expires.

4. While carrying out exit procedures for the vessel, the applicant shall submit the shore pass (if any) to the port border guard, except for the seaman traveling on the vessel specified in Point b Clause 2 Article 23 herein.

Article 14. Manual border guard procedures followed by port-transfer vessels

1. Location: See provisions in Clause 1 Article 13 herein.

2. When a vessel departs from a Vietnamese port checkpoint for another

a) Time limit for carrying out border guard procedures and relevant application shall be submitted according to regulations of law on the management of maritime activities.

b) While carrying out procedures for departing from a Vietnamese port checkpoint for another, the applicant shall submit the shore pass (if any) to the border guard, except for the seaman traveling on the vessel specified in Point b Clause 2 Article 23 herein.

3. When a vessel arrives at a Vietnamese port checkpoint from another

a) The applicant shall submit the application for port transfer to the border guard at the departure port to the border guard at the arrival port within 2 hours after the vessel arrives or is securely anchored at the wharf; within 4 hours after the vessel arrives or is securely anchored at another position in the waters of the port.

b) Within 30 minutes, the border guard of the arrival port shall finish the inspection of application for port transfer and allow the arriving vessel to unload cargoes and carry out other activities on schedule.

Article 15. Manual border guard procedures followed by vessels, seamen and passengers travelling on international cruise ships

1. Apart from the compliance with provisions of Article 13 herein, within 12 hours before the vessel arrives at the port, an international travel company of passengers shall submit the following documents to the port border guard:

a) An original of the tourist schedule for passengers;

b) A copy of the international tour operator license (for the first time welcoming passengers at the port);

c) An original of the written response to the application for the visa at the international checkpoint granted by the provincial Immigration Department of the Ministry of Public Security (hereinafter referred to as “written response”), except for passengers holding Vietnamese visas and those whose Vietnamese visas are exempted (if passengers submitting applications for visas granted at the port checkpoint).

If there is insufficient time for submitting the original at the request of the international travel company, the port border guard shall allow the company to submit the original by fax or its copy to complete procedures for passengers; within 3 days from the day on which the faxed copy or original's copy, the company shall submit the original of the written response granted to the port border guard.

If the company submits applications for visas granted to passengers at a port checkpoint but the vessel arrives at another, the port border guard at the arrival checkpoint shall receive the written response and grant visas to passengers and procedures for re-approve the personnel are not required.

2. The port border guard shall grant visas to passengers travelling on the vessel according to regulations of law on immigration.

3. In case of a foreign cruise ship having a license to carry domestic tourists among port checkpoints of Vietnam

a) Before the cruise ship arrives:

The applicant shall submit the port border guard a copy of the license granted by a competent authority of Vietnam to allow the cruise ship to carry domestic tourists among ports of Vietnam.

The travel company shall submit an original of the tourist schedule for domestic tourists and an original of the list of passengers to the port border guard.

b) The domestic tourist shall give the following documents to the port border guard when disembarking the vessel:

A passport or international travel document if the tourist is a foreigner.

An identification card, passport or document equivalent to the passport if the tourist is a Vietnamese.

Article 16. Manual border guard procedures followed by sailboats, sport boats, yachts and people thereon

1. Required location, applications and time limit for following procedures shall be subject to the provision of Article 13 herein.

2. A person travelling on sailboats, sport boats or yachts having no seaman’s passport or seaman’s book and not properly manned according to regulations of law on maritime shall have a passport or international travel document; a visa granted by a competent state authority when entering Vietnam, unless such person is entitled to exemption from the visa for entry into Vietnam.

3. The person travelling on sailboats, sport boats or yachts having seaman’s passport or seaman’s book and properly manned according to regulations of law on maritime, border guard procedures and shore pass activities shall apply to seamen.

Article 17. Border guard procedures followed by fishing vessels, seamen and passengers thereon when exploiting aquatic products in territorial waters beyond that of Vietnam

1. Vietnamese fishing vessels exploiting aquatic products in the territorial waters beyond that of Vietnam shall carry out exit procedures before leaving the territorial waters of Vietnam and carry out entry procedures when arriving at the maritime boundary of Vietnam.

2. Location: See provisions in Point a Clause 1 Article 13 herein.

3. Required applications:

a) Documents that the applicant shall submit:

Exit: 2 originals of each of the general declaration, list of seamen, list of passengers (if any), declaration on weapons and explosives (if any) and declaration on stowaways (if any).

Entry: 1 original of each of the above-mentioned documents.

The specimens of such documents shall be made according to regulations of law on the management of maritime activities.

b) Documents that the applicant shall present:

Exit: 1 original of each of the permit for the fishing vessel to exploit aquatic products in the territorial waters beyond that of Vietnam granted by the Directorate of Fisheries affiliated to the Ministry of Agriculture and Rural Development; popular passport and seaman’s book for the fishing vessel of the seaman; and passport of each passenger (if any).

Entry: 1 original of each of the popular passport and seaman’s book for the fishing vessel of the seaman; and passport of each passenger (if any).

c) The port border guard shall return to the applicant 1 original of each of the documents submitted by the applicant that is eligible to leave.

4. Time limit:

a) Within 12 hours before the vessel departs and after it arrives, the applicant shall submit and present the documents specified in Points a and b Clause 3 this Article to the port border guard;

a) Within 1 hour from the time all required documents are received, the port border guard shall complete exit and entry procedures for vessels, seamen and passengers (if any).

Section 2. BORDER GUARD INSPECTION AND SUPERVISION

Article 18. Subjects inspected and supervised by port border guards

1. Vietnamese vessels entering or leaving; foreign vessels entering, leaving, transiting or port-transferring; Vietnamese vessels operating inland within the port checkpoint; other Vietnamese and foreign vehicles entering, leaving or operating in the port checkpoint.

2. Foreign vessels enter the checkpoint to anchor, need repairing at a shipyard, reforming or repairing beyond the port checkpoint.

3. Vietnamese people and foreigners entering, leaving or operating at the port checkpoint.

4. Documents belonging to each person and the vessel that enters, leaves or operates at the port checkpoint, including:

a) An electronic or physical declaration made and submitted by the applicant when he/she follows border guard procedures, entry or exit procedures at the port checkpoint for Vietnamese vessels operating inland and inland waterway vehicles;

b) The passport or international travel document if the person is a foreigner; passport or a document equivalent to the passport, or identification card if the person is a Vietnamese citizen;

c) Practice certificates or cards corresponding to the purposes at the port checkpoint of the Vietnamese and foreigner;

d) The permit that a Vietnamese competent authority grants to the vessel and other vehicles entering or operating at the port checkpoint in the field in which permit granting is required according to regulations of law.

Article 19. Contents of border guard inspection and supervision

1. Conduct inspections of the validity of the documents specified in Clause 4 Article 18 herein.

2. Carry out inspections of actual seamen and passengers on the vessel.

3. Supervise activities of people and operation of the vessel and other Vietnamese or foreign vehicles stipulated in Clauses 1, 2 and 3 Article 18 herein.

Article 20. How to carry out border guard inspection and supervision

1. Check and compare information about the electronic or physical declaration submitted by the applicant to documents presented by him/her.

2. Check and compare the documents specified in Point b Clause 4 Article 18 herein to the appearance of the holder of such documents.

3. Check and compare information of the documents specified in Points c and d Clause 4 Article 18 herein to the activities of people and operation of vehicles to which such documents are granted to.

4. Carry out on-board inspection and supervision if:

a) The vessel carries foreign tourists;

b) The vessel or people thereon commit violations against regulations of law on immigration and security;

If the vessel or people thereon commit violations against regulations of law on customs, maritime and epidemic prevention and control, the port border guard shall conduct on-board inspection and supervision at the request of state authorities responsible for port management;

c) There is a stowaway;

d) There is proof of wrong declaration on the vessel, seamen or passengers;

dd) The inspection and supervision of the vessel need to be carried out upon the request of the shipowner or the shipmaster;

e) Leader of the port border guard station and head of port border guard shall make a decision on carrying out on-board inspection and supervision and take responsibility for their decision.

5. Supervise areas of wharves and waters at the port.

6. Supervise directly at the port gate and control station.

7. Supervise by using technical equipment.

8. Carry out foot patrol and control.

9. Take professional actions according to regulations of law.

Section 3. ISSUANCE OF VISAS AND PERMITS

Article 21. Permits granted by port border guards

1. Vietnamese visa.

2. Disembarkation cards:

a) The 12-month disembarkation card shall be made according to the Specimen No. 1 of the Appendix attached hereto;

a) The 3-month disembarkation card shall be made according to the Specimen No. 2 of the Appendix attached hereto.

3. The permit shall be made according to the Specimen No. 3 of the Appendix attached hereto.

4. The seaman’s shore pass shall be made according to the Specimen No. 4 of the Appendix attached hereto.

Article 22. Issuance of visas

1. The port border guard shall grant visas according to provisions of Article 18 of the Law on Immigration, transit and residence of foreigners in Vietnam dated June 16, 2014.

2. If there is insufficient time for submitting the original of the written response, upon the written request of the applicant, the port border guard shall allow the applicant to submit the faxed copy or the original’s copy to follow procedures for issuance of the visa and within 3 days from the day on which the faxed copy or the original’s copy is submitted, the applicant shall submit the original of the written response to the port border guard.

3. As soon as all required documents on application for the visa submitted and presented by the applicant, the port border guard shall check and compare such documents and consider granting the visa at the port border guard’s headquarters or on board the vessel carrying foreign tourists.

4. Subjects and procedures for electronic visa issuance shall be carried out in accordance with regulations of law on electronic visa issuance.

Article 23. Issuance of shore passes to seamen

1. Entities eligible for the issuance of shore passes

Foreign seamen working on the Vietnamese or foreign vessel and completing entry procedures or procedures for entering a Vietnamese port checkpoint from another and wishing to go ashore while their vessel is anchored at the port checkpoint.

2. Validity of shore passes

a) The shore pass is valid for only one voyage of the vessel;

b) In case of a foreign seaman going on a vessel with daily voyage and the vessel operating at the territorial waters beyond the waters of the port checkpoint, at the request of the shipmaster, the port border guard shall allow the seaman to use the shore pass for multiple voyages with the maximum duration of 1 month from the day on which the shore pass is issued;

c) The person responsible for carrying out procedures shall revoke expired shore passes to transfer them to the port border guard.

3. Procedures for issuance of shore passes

a) The person responsible for carrying out procedures shall register the shore pass for the seaman in the remarks of the general declaration.

If the seaman's information has not been registered in the general declaration but the seaman wishes to go ashore, the shipmaster shall make a request to the port border guard;

b) As soon as the request to allow the seaman to go ashore is received, the port border guard shall grant the shore pass to the seaman at the port border guard's headquarters;

c) The charge for granting the seaman’s shore pass shall be subject to regulations of law on fees and charges.

Article 24. Issuance of disembarkation cards

1. Entities that are granted disembarkation cards

a) The 12-month disembarkation card:

Such card shall be granted to a Vietnamese or foreigner working for an authority, organization or enterprise that wishes to disembark from the foreign vessel regularly after work within 12 months, except for officials and employees working for state authorities responsible for port management;

b) The 3-month disembarkation card:

Such card shall be granted to a Vietnamese or foreigner working for an authority, organization or enterprise that wishes to disembark from the foreign vessel regularly, a foreigner wishes to disembark from the Vietnamese or foreign vessel within 3 months, except for officials and employees working for state authorities responsible for port management.

2. Validity of disembarkation cards

a) The disembarkation card granted by a port border guard is only valid to use at the port checkpoint where such port border guard in charge.

b) The person that has been granted the disembarkation card commits violations while working at the port checkpoint shall have his/her card revoked.

3. Procedures for issuance of disembarkation cards

a) The applicant for the disembarkation card or representative of authority or enterprise shall submit and present the following documents to the port border guard:

Documents that are required to submit: A written reference or a written response to request the issuance of the disembarkation card made by the authority or enterprise; a list on personal information of the applicant made according to the specimen No. 5 of the Appendix attached hereto; a color photo with the size of 2 cm x 3 cm for the applicant that wishes to apply for the 12-month disembarkation card.

Documents that are required to present: The passport or international travel document if the applicant is a foreigner;

b) As soon as all the required documents specified in Point a this Clause are received, the port border guard shall consider granting the disembarkation card;

c) The charge for granting the disembarkation card shall be subject to regulations of law on fees and charges.

4. The applicant that has been granted the disembarkation card shall comply with regulations of Vietnam law and regulations of the disembarkation card.

5. If the aforesaid documents are rejected, the port border guard shall make a written notification specifying explanation when:

a) The rejection is made for the purposes of national security;

b) The applicant for the disembarkation card is not allowed to leave or has exit procedures postponed; or uses fake or expired identity documents;

c) The rejection is made for the purposes of social safety and orders; epidemic prevention and control.

Article 25. Issuance of disembarkation cards to Vietnamese people and foreigners to disembark from foreign vessels, foreigners to disembark from Vietnamese vessels anchored to ports; controllers of Vietnamese or foreign vehicles anchored to foreign vessels; foreign seamen to stay overnight onshore or disembark from other vessels anchored to ports

1. Entities eligible for the issuance of disembarkation cards

a) Vietnamese people or foreigners disembarking from foreign vessels anchored at the port to carry out activities for the purposes of mass media, scientific research or visits;

b) Foreigners disembarking the Vietnamese vessels anchored at the port to carry out activities for the purposes of mass media, scientific research or visits;

c) Controllers of Vietnamese or foreign vehicles anchored to foreign vessels;

d) Foreigners wishing to stay overnight onshore or disembark from other vessels anchored at the port.

2. Validity of disembarkation cards

a) The disembarkation card granted to the entity specified in Points a, b and c Clause 1 this Article shall be valid within 10 days for a vessel voyage;

b) The disembarkation card granted to the entity specified in Point d Clause 1 this Article shall be valid for a vessel voyage according to the time limit stated in the disembarkation card;

c) The disembarkation card holder shall be only entitled to disembark from the foreign vessel stated in the disembarkation card; shall present the disembarkation card together with identity documents with the number of documents stated in the disembarkation card to supervisors of the port border guard;

d) For officials and employees of an authority, enterprise or vessel agent working and making transactions with the vessel operating offshore, workers working on a drilling platform, at the request of the authority or enterprise, the port border guard shall allow the disembarkation card holder to disembark from all foreign vessels anchored or operating at the area.

3. Procedures for issuance of disembarkation cards:

a) The applicant for the disembarkation card or representative of authority or enterprise shall submit and present the following documents to the port border guard:

Documents that are required to submit: A written reference or a written response of the authority or enterprise, an invitation or a written request made by the shipmaster.

In case of the authority or enterprise making a request to issue the disembarkation card for 2 people or over: A list of personal information about the applicant for the disembarkation card, including full name, nationality, place and date of birth, position, number of identification card/passport/international travel document.

Documents that are required to present:

The passport or another international travel document if the applicant is the foreigner specified in Points a, b and c Clause 1 this Article.

The identification card, passport or document equivalent to the passport if the applicant is the Vietnamese specified in Points a and c Clause 1 this Article;

b) As soon as all the required documents specified in Point a this Clause are received, the port border guard shall consider granting the disembarkation card;

c) The charge for granting the disembarkation card shall be subject to regulations of law on fees and charges.

4. The disembarkation card holder shall comply with regulations of Vietnam law and regulations stated in such card.

5. If the aforesaid documents are rejected, the port border guard shall make a written notification specifying explanation when:

a) The rejection is made for the purposes of national security;

b) The applicant for the disembarkation card is not allowed to leave or has exit procedures postponed; or uses fake or expired identity documents;

c) The rejection is made for the purposes of social safety and orders; epidemic prevention and control.

Chapter III

ACTIVITIES OF PEOPLE AND OPERATION OF VEHICLES AT PORT CHECKPOINTS

Section 1. ACTIVITIES OF VIETNAMESE PEOPLE AND FOREIGNERS AT PORT CHECKPOINTS

Article 26. Vietnamese people and foreigners working at port checkpoints

1. Vietnamese people disembarking from the foreign vessel, except for officials and employees perform their duties at state authorities responsible for port management, medical officers disembarking from the foreign vessel to give first aid to seamen or passengers; foreigners disembarking from the foreign or Vietnamese vessel to work or carry out activities while the vessel is anchored at the port checkpoint shall have their disembarkation cards granted by the port border guard according to provisions of Article 24 and Article 25 herein and comply with the inspection and supervision carried out by the port border guard.

2. Duties of foreigners working at the port checkpoint:

a) The foreigner working at the port checkpoint shall have the passport or international travel document;

b) The foreigner working at the port checkpoint shall comply with inspection and supervision carried out by the border guard, state authorities responsible for port management and relevant law enforcement forces;

c) Within 12 hours before the foreigner coming to work at the port, the authority or enterprise responsible for welcoming such foreigner shall send a written notification to the port border guard of the full name, nationality, number of passport or international travel document; name and address of the foreigner's workplace; start date and end date of work term, details and place of work of the foreigner at the port checkpoint.

3. Vietnamese people and foreigners are not permitted to leave or disembark from the vessel before and while the vessel is being carried out entry procedures or procedures for entering a Vietnamese port checkpoint from another, while and after the vessel is being carried out exit procedures or procedures for departing from a Vietnamese port checkpoint for another, except for officials and employees working for state authorities responsible for port management, pilots, officers performing their duties on carrying out procedures, medical officers disembarking from the vessel to provide medical treatment and examination for seamen and passengers.

4. For the vessel following electronic border guard procedures, right after the vessel is securely anchored at the port, relevant Vietnamese people or foreigners shall be entitled to leave or disembark from the vessel to carry out material handling and activities on schedule until the vessel leaves the port.

5. Seamen and passengers not eligible to enter Vietnam according to regulations of Vietnam law shall not be allowed to leave the vessel, apart from the violations prescribed in Article 28 herein.

The shipmaster shall manage such seamen and passengers on board until the vessel leaves the territorial waters of Vietnam.

Article 27. On-board seamen and passengers that have not carried out entry procedures or procedures for entering a Vietnamese port checkpoint from another and have been given first aid at health facilities of Vietnam

1. Before the vessel arrives at the port, the applicant shall inform the port border guard at the arrival port of the number and health status of seamen or passengers that need providing first aid; the arrival time of the vessel and the location where the vessel is anchored at the port.

2. After bringing seamen or passengers to a health facility, the applicant shall go to see the port border guard to declare all information about them to follow entry procedures or procedures for entering a Vietnamese port checkpoint from another for them according to provisions stated herein and regulations of relevant law.

3. In the cases where seamen or passengers discharge from the health facility without returning to the vessel and wish to leave for another port checkpoint, before the vessel leaves the port, the shipmaster shall make a written request for seamen or passengers to leave for another port checkpoint and present their hospital discharge papers or hospital transfer papers to the port border guard in order to carry out exit procedures for them.

4. In the cases where a foreign seaman has been brought to receive first aid at the health facility outside the province where the vessel is anchored, after bringing such seaman to the health facility, the applicant shall go to see the port border guard in carry out procedures for issuance of the visa to the seaman that is not subject to the exemption from the Vietnamese visas.

Article 28. Foreign seamen and passengers that are not eligible to enter Vietnam according to regulations of Vietnam law and have to receive first aid at health facilities of Vietnam

1. After bringing seamen/passengers to the health facility, the shipmaster shall make and send documents with the following details to the port border guard:

a) Declaration on all information and health status of seamen/passengers;

b) Commitment to cover all costs related to medical treatment provided to seamen/passengers, cost of supervision carried out by Vietnamese law enforcement forces and cost of leaving Vietnam after the seamen/passengers discharge from the health facility.

2. The port border guard shall receive documents sent by the shipmaster, make a dossier and shall not carry out entry procedures for seamen/passengers; report to law enforcement forces; appoint officials to carry out supervision while seamen/passengers are being provided with medical treatment.

3. During the medical treatment, seamen/passengers shall not be entitled to leave the health facility and shall create favorable conditions for the port border guard to carry out inspection and supervision.

4. Seamen/passengers enforced to leave after the discharge from the health facility

a) If the vessel has not left, the port border guard shall cooperate with the applicant in assisting seamen/passengers to come back to the vessel and leave with the vessel;

b) If the vessel has left, seamen/passengers shall be enforced to leave for another port checkpoint according regulations of Vietnam law.

Article 29. Foreign seamen going ashore

1. While the vessel is being anchored at the port checkpoint, everyday, the foreign seaman shall be entitled to go ashore within the province where the vessel is anchored until 12 a.m., shall be exempted from the visa but shall hold the shore pass granted by the port border guard in accordance with provisions of Article 23 herein.

2. The seaman shall be eligible to go ashore after the vessel has been carried out entry procedures or procedures for entering a Vietnamese port checkpoint from another and shall return to the vessel before it is carried out exit procedures or procedures for departing from a Vietnamese port checkpoint for another.

The seaman shall be entitled to go ashore after the vessel is securely anchored at the port if the vessel has been carried out electronic border guard procedures.

The shipmaster shall be responsible for late exit procedures or procedures for departing from a Vietnamese port checkpoint for another because the seaman has gone ashore and has not returned to the vessel.

3. The seaman going ashore or leaving for another checkpoint

a) When going ashore within the province where the vessel is anchored:

The seaman shall hold the shore pass and identity documents that he/she declared and present them while following entry procedures; comply with guidelines and create favorable conditions for inspection and supervision carried out by the port border guard; abide by regulations of relevant Vietnam law.

The seaman staying overnight onshore shall obtain a written approval made by the shipmaster and have the shore pass granted by the port border guard according to provisions of Article 25 herein;

b) When going ashore beyond the province where the vessel is anchored or the vessel leaves for another checkpoint:

The seaman shall hold the visa unless he/she is holding the passport subject to exemption from Vietnamese visas and shall comply with regulations of law on immigration. The port border guard shall grant visas according to provisions of Article 22 herein.

If the passport or international travel document of the seaman expires or the seaman has no passport or international travel document, he/she shall utilize the number of seamen to immigrate.

4. The seaman going ashore commits any violation shall be imposed penalties according to regulations of Vietnam law.

Section 2. OPERATION OF VEHICLES AT PORT CHECKPOINTS

Article 30. Vessels and other vehicles operating at port checkpoints

1. Vietnamese vessels entering or leaving; foreign vessels entering, leaving, transiting or port-transferring shall be granted permission by a competent authority of Vietnam and shall pass through the right checkpoints, maritime flows, transit routes and transit areas.

2. Vietnamese and foreign vehicles, apart from vehicles of state authorities responsible for port management and pilots performing their duties, shall not be anchored to vessels before and while such vessels are being carried out entry procedures or procedures for entering one Vietnamese port checkpoint from another, while and after such vessels are carried out exit procedures or procedures for departing from a Vietnamese port checkpoint for another.

For the vessel following electronic border guard procedures, right after the vessel is securely anchored at the port, relevant Vietnamese or foreign vehicles shall be entitled to anchor to another vessel to carry out material handling and activities on schedule until the vessel leaves the port.

3. Other vehicles entering, leaving or operating at the port checkpoint shall be subject to provisions of this Decree and regulations of relevant law; create favorable conditions for inspection and supervision carried out by the port border guard and law enforcement forces.

Article 31. Vietnamese vessels operating inland and inland waterway vehicles arriving or leaving port checkpoints

1. Vietnamese vessels operating inland and inland waterway vehicles arriving or leaving the port checkpoint

a) Vietnamese vessels operating inland shall follow entry or exit procedures according to regulations of law on the management of maritime activities and facilitate inspection and supervision carried out by the port border guard while they are being anchored at the port checkpoint;

b) Inland waterway vehicles shall register when they leave and arrive and facilitate inspection and supervision carried out by the port border guard while they are being anchored at the port checkpoint.

2. In the course of leaving, arriving or operating at the port checkpoint, shipmasters of Vietnamese vessels operating inland and inland waterway vehicles shall provide the port border guard with information about vehicles, goods and other information relevant to national security if required.

3. Procedures and registration of arriving and leaving of vessels shall be carried out at the head office or representative office of the provincial Maritime Administration Authority or Inland Waterway Port Authority.

4. Time limit for carrying out procedures and registration of leaving or arriving of vessels

a) In case of the Vietnamese vessel operating inland: The time limit shall be subject to regulations of law on management of maritime activities;

b) In case of inland waterway vehicles:

Within 2 hours after the inland waterway vehicle is securely anchored at the wharf; within 4 hours after the inland waterway vehicle is securely anchored at another location in the waters of the port, the shipmaster, shipowner or a person authorized (hereinafter referred to as "declarant”) shall apply for registration of inland waterway vehicles arriving at the port.

Within an hour before the inland waterway vehicle is planned to leave the port checkpoint, the declarant shall apply for registration of inland waterway vehicles leaving the port.

Within 30 minutes from the time all required documents submitted or presented by the declarant according to provisions of Clause 5 this Article are received, the port border guard shall complete registration of inland waterway vehicles arriving or leaving the port and shall return a declaration of all documents having stamps affixed that the declarant has submitted according to provision of Point a Clause 5 this Article.

5. Documents submitted and presented by the applicant or declarant to the port border guard while following procedures for leaving or arrival registration for Vietnamese vessels operating inland and inland waterway vehicles

a) Documents required submitting:

In case of the Vietnamese vessel operating inland: documents shall be subject to regulations of law on management of maritime activities.

In case of the inland waterway vehicle: 2 originals of the list of seamen and 2 originals of the list of passengers (if any);

b) Documents required presenting:

For the seaman: The seaman’s book or seaman’s passport.

For the passenger (if any): The passport or international travel document or identification card.

6. While following procedures for registration or carrying out inpsection and supervision of the Vietnamese vessel operating inland and inland waterway vehicle, the port border guard shall be entitled to check:

a) The logbook;

b) Documents related to cargoes if there is any cargo on the Vietnamese vessel operating inland and inland waterway vehicle, including an agreement on cargo transport; agreement on purchase of cargoes and a value-added tax invoice or delivery order; permit for transport granted by a competent state authority towards conditional transported cargoes;

c) The applicant and declarant shall present documents specified in Points a and b this Clause if required by the port border guard.

7. For the Vietnamese vessel operating inland and inland waterway vehicle, procedures and registration of leaving and arrival shall be carried out through the national single-window system according to regulations on the national single-window system or the website of seaport border guard procedures, the declarant shall not submit the document specified in Point a Clause 5 this Article and shall only present the document specified in Point b Clause 5 this Article.

8. In the course of registration, control, inspection and supervision, if the violation committed by the Vietnamese vessel operating inland and inland waterway vehicle is found or there is proof of wrong information about declaration on the vehicle, seamen, passenger or cargoes, the leader of port border guard station or head of port border guard headquarters shall issue a decision on conducting direct inspections of the vehicle and take responsibility for its decision.

Section 3. DENIAL, DELAY AND NOT GRANTING PERMISSION TO ENTER, LEAVE OR TRANSIT AT PORT CHECKPOINTS

Article 32. Denial or delay in entry, leaving or transit of vessels

1. For the purposes of national security, social economics, maritime security, response to environmental pollution or epidemic, due to violations or other emergency reasons, foreign vessels may be denied or delayed entering, leaving or transiting; Vietnamese vessels may be delayed leaving the port checkpoint.

2. State authorities responsible for port management shall make decide whether to deny entering/leaving or delay entering/leaving/transiting and shall make a written explanation and send it to the provincial Maritime Administration Authority or Inland Waterway Port Authority where vessels following entry/leaving/transit procedures and take responsibility for its decision.

3. The provincial Maritime Administration Authority or Inland Waterway Port Authority shall report the denial of entry/transit or delay of entry/leaving/transit to other state authorities responsible for port management and shipowners or shipmasters.

Article 33. Not granting permission to enter, delay of leaving towards seamen or passengers passing through port checkpoints

1. The act of not granting permission to enter or delay of leaving towards foreign seamen and passengers shall be subject to provisions of Articles 21, 22, 28 and 29 of the Law on Immigration, transit and residence of foreigners in Vietnam dated June 16, 2014.

2. Delay of leaving towards Vietnamese seaman and passengers shall comply with provisions of Articles 21 and 22 of the Government’s Decree No. 136/2007/ND-CP dated August 17, 2007 on immigration of Vietnamese citizens.

Chapter IV

RESPONSIBILITIES FOR THE MANAGEMENT AND PROTECTION OF SECURITY AT PORT CHECKPOINTS

Article 34. The Ministry of National Defense

1. Take charge and cooperate with relevant ministries and each provincial People’s Committees where the port checkpoint is located in managing and protecting security at the port checkpoint.

2. Control the immigration at port checkpoints managed by the Ministry of National Defense.

3. Direct border guard forces.

a) Take charge and cooperate with the police with the same level, relevant authorities, local authorities and port-operating enterprises in managing and protecting security at port checkpoints;

b) Allocate and using forces, equipment, weapons and support tools and carry out border guard activities to manage and protect security at port checkpoints according to regulations of law and the Ministry of National Defense.

Make response to and fight against the terrorism, types of criminals, smuggling, cheating in trade and actions against violations committed at port checkpoints.

c) Take charge of following border guard procedures; carrying out border guard inspection and supervision; granting visas and permits; registering, controlling and carrying out inspection and supervision of people an vehicles entering, leaving or operating at port checkpoints according to provisions herein and regulations of relevant law;

d) Take charge and cooperate with law enforcement forces and forces and port-operating enterprises in developing and implementing the cooperation mechanism in ensuring security at port checkpoints.

Handle duties periodically to state authorities responsible for port management, port-operating enterprises, law enforcement forces and local authorities to provide information about security at port checkpoints.

Take charge and cooperate with state authorities responsible for port management, law enforcement forces and port-operating enterprises in summarizing security at port checkpoints every year;

dd) Carry out the work of defense and border-guard external relations;

e) Cooperate with the police at the same level in carrying out state management of immigration and transit towards foreigners at port checkpoints.

Take charge and cooperate with law enforcement forces and units in response to violations against regulations of law on immigration and transit at port checkpoints;

g) Assess contents related to the assurance of security in the plan for ensuring security at checkpoints made by port-operating enterprises; assess and confirm results of plans for ensuring security at checkpoints made by port-operating enterprises; cooperate with port-operating enterprises in managing port officials and staff to ensure security at ports;

h) Apply information technology to the control of immigration, granting permits, administrative reforms to create favorable conditions for people and vehicles entering, leaving and operating at port checkpoints.

Article 35. Relevant ministries

Relevant ministries within their competence shall direct and instruct affiliated state authorities to cooperate with border guards in managing and protecting security at port checkpoints and taking strict actions against violations.

Article 36. Provincial People’s Committees where port checkpoints are located

Each provincial People’s Committee where the port checkpoint is located within its competence shall direct and provide guidelines for the inferior People's Committee where the port checkpoint is located and relevant forces and authorities at the province to cooperate with the body guard in managing and protecting security at the port checkpoint.

Article 37. Responsibilities for cooperating in managing and protecting security at port checkpoints

1. At port checkpoints, state authorities shall allocate the personnel, install facility and technical means to meet professional requirements provide that the operation of port-operating enterprises is normal.

2. State authorities responsible for port management, port-operating enterprises, police forces and local authorities with their competence shall cooperate with border guards in managing and protecting security at port checkpoints.

3. Responsibilities of port-operating enterprises

a) Ensure consistency with port border guards to arrange offices with proper area and supply power for port border guards at each port gate or at a appropriate position at each port to carrying out inspections, supervision and management and protection of security at the port;

b) Promptly report and cooperate with port border guards if there is any issue related to security at ports arising;

c) Provide information and figures related to management and protection of security at ports if required by port border guards; cooperate with port border guards in managing port officials and staff and ensure security at ports;

d) Comply with provisions state herein and regulations of relevant law; satisfy requirements for security at wharves where vessels are anchored to carry out material handling or carry passengers.

Article 38. Development of projects and construction works at port checkpoints

1. Authorities and organizations responsible for carrying out surveys, design, construction or execution of a project or construction work relevant to national security involving foreign elements at the port checkpoint shall make a written notification to the port border guard within 3 working days in advance of the list of people, vehicles, time, scope and details of operation.

2. The development of projects and construction works at port checkpoints shall comply with regulations of law on construction and not affect safety of maritime works, maritime flows and environment.

3. When developing the project or construction work related to national security or foreign elements at the port checkpoint, the local authority responsible for construction shall obtain written approvals of the Ministry of National Defense, Ministry of Public Security, relevant ministries and provincial People’s Committee before submitting such project or construction work to a competent authority for approval.

4. When carrying out approved project or construction work, the investor shall make a report to the provincial Military Command, border guard headquarters, police and local authority within 3 working days in advance.

5. People and vehicles entering, leaving or operating to serve the development of projects and construction works at port checkpoints shall facilitate inspection and supervision carried out by port border guards.

Chapter V

IMPLEMENTATION PROVISIONS

Article 39. Effect

1. This Decree comes into force from August 20, 2017.

2. The Government’s Decree No. 50/2008/ND-CP dated April 21, 2008 on management and protection of security at port checkpoints and the Declaration of dangerous goods while carrying out electronic border guard procedures specified in Points a and b Clause 5 Article 6 of the Decision No. 10/2016/QD-TTg dated March 03, 2016 by the Prime Minister on application of electronic border guard procedures at seaports shall be superseded by this Circular from the date of its entry into force.

3. The specimens of the shore pass of seamen, disembarkation card, permit and the list of request for issuance of the disembarkation card shall be specified in the Appendix attached hereto.

Article 40. Responsibilities for implementation

1. The Ministry of National Defense shall take charge and cooperate with relevant ministries in implementing this Decree.

2. Ministers, heads of ministerial authorities, heads of governmental authorities and Chairpersons of provincial People’s Committees having port checkpoints shall implement this Decree.