Chương IV Nghị định 77/2017/NĐ-CP: Trách nhiệm trong hoạt động quản lý, bảo vệ an ninh, trật tự tại cửa khẩu cảng

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.

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