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.
Tìm kiếm
Nghị định 77/2017/NĐ-CP quy định quản lý, bảo vệ an ninh, trật tự tại cửa khẩu cảng (Bản Word)
Nghị định 77/2017/NĐ-CP quy định quản lý, bảo vệ an ninh, trật tự tại cửa khẩu cảng (Bản Pdf)