Chương III Nghị định 77/2017/NĐ-CP: Hoạt động của người, phương tiện tại cửa khẩu cảng

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.