Chương II Nghị định 77/2017/NĐ-CP: Thủ tục biên phòng; kiểm tra, giám sát biên phòng; cấp thị thực và các loại giấy phép do bộ đội biên phòng cấp tại cửa khẩu cảng

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.