Circular No. 05/2010/TT-BQP guiding the implementation of Government Decree No. 50/2008/NĐ-CP dated April 21, 2008 on management and security protection at seaport border gates.

CIRCULAR

GUIDELINES FOR IMPLEMENTING THE GOVERNMENT DECREE NO. 50/2008/NĐ-CP OF APRIL 21, 2008 ON MANAGEMENT AND SECURITY AT SEAPORT GATEWAYS

This Circular provides detailed guidance on the activities of Vietnamese and foreign persons, vessels, and ships entering, exiting, transiting, and changing ports; border control procedures, inspections, and supervision; and other activities related to security and order; responsibilities for guiding and coordinating management and security activities at seaport gateways.

This Circular applies to individuals, organizations, vessels, ships, and other means of transportation of Vietnam and foreign countries operating at seaport gateways, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, in which case the provisions of those treaties shall apply.

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MINISTER OF NATIONAL DEFENSE

Pursuant to Decree No. 50/2008/NĐ-CP dated April 21, 2008 of the Government on management and security at sea ports;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of National Defense;

Considering the proposal of the Commander of the Border Guard Force,

CIRCULAR:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 3. Military Port

Article 2. Applicability

1. Implement according to the provisions of Clause 2, Article 1 of the Government Decree No. 50/2008/NĐ-CP dated April 21, 2008 on management and security at seaport gateways (hereinafter referred to as Decree No. 50/2008/NĐ-CP).

2. A military port permitted by the Government for commercial purposes shall apply the provisions of Decree No. 50/2008/NĐ-CP and other relevant laws applicable to commercial ports, as well as the internal regulations of the military port.

Article 4. Seaport Gateway Area

1. The seaport gateway area shall be implemented according to the provisions of Article 4 of Decree No. 50/2008/NĐ-CP.

2. The specific scope of the port land and water areas shall be determined by the competent authority in accordance with the law; the scope of the port land area shall be decided by the competent authority on land according to the law on land; the scope of the port water area shall be announced by the Minister of Transport in accordance with the Maritime Code.

3. State management agencies specialized at seaport gateways, including the Marine Port Authority, Border Guard at the seaport gateway, Customs at the seaport gateway, Health Quarantine, Animal Quarantine, Plant Quarantine, shall deploy personnel and install technical equipment and facilities in the seaport gateway area. The deployment of personnel and installation of technical equipment and facilities by state management agencies specialized at seaport gateways shall be decided by the competent authority of that sector, but shall not obstruct the normal operations of port enterprises.

BORDER CONTROL PROCEDURES

Article 5. Time Limit for Border Control Procedures

Chapter 2.

1. The time limit for border control procedures shall be carried out in accordance with Article 6 of Decree No. 50/2008/NĐ-CP.

2. For vessels moored far from the place where the procedures are conducted, upon request of the person handling the procedures, the Border Guard at the seaport gateway shall coordinate with the specialized state management agencies to conduct the procedures up to 2 hours to 24 hours before the vessel departs from the port.

3. After completing the procedures, the Border Guard at the seaport gateway shall continue to carry out border inspection and supervision in accordance with the law.

4. If a vessel remains in the port more than 24 hours after completing the exit procedures, it must reapply for exit procedures.

Article 6. Place for Conducting Border Control Procedures

The specific places for conducting border control procedures are as follows:

1. At the main office or representative office of the Marine Port Authority;

2. At the office of the Border Guard at the seaport gateway for seaport gateways that have established electronic declaration networks;

3. On board the vessel, including:

b) In cases where there are sufficient grounds to doubt the authenticity of the declaration regarding quarantine made by the shipowner or before arriving in Vietnam, if the vessel or ship left its last port in areas affected by diseases among people, animals, and plants, then the procedures shall be conducted in the quarantine zone.

In all cases where border control procedures are conducted on board the vessel, the Border Guard at the seaport gateway must notify the Marine Port Authority and the person handling the procedures.

a) Passenger ships;

b) In cases where there are sufficient grounds to doubt the authenticity of the declaration regarding quarantine made by the shipowner or before arriving in Vietnam, if the vessel departs from its last port in areas affected by diseases among humans, animals, and plants, then the procedures at the quarantine zone shall be carried out.

In all cases where border procedures are conducted on board the vessel, the Border Guard Port Gate shall notify the Marine Port Services and the person conducting the procedures.

Article 7. Responsibilities of Border Guard at Port when handling border procedures for persons, vessels, and ships entering, exiting, transiting, and changing ports

1. To be well-informed about the situation, to receive information on vessel arrival and departure plans, anchorage locations, cargo loading and unloading times, compliance with laws by the vessel owners, crew members, staff, and passengers, in order to proactively arrange forces to implement tasks according to regulations.

2. To receive, examine the legality and validity of entry and exit documents for vessels, ships, crew members, and passengers, and verify them according to regulations. Documents presented by the person handling the procedures must be returned immediately after examination, except in cases where there is a decision to temporarily detain evidence or administrative violation vehicles or documents to ensure the handling of administrative violations or temporary detention of documents until the individual or organization violating the law complies with the penalty decision.

3. To receive, handle within their authority, and process permits for shore visits for tourism, medical emergencies, health examinations, and visa applications for crew members and passengers upon request of the ship captain.

4. When discovering violations during the processing of procedures, the Border Guard at Port shall impose administrative penalties according to the authority stipulated in the Administrative Violation Handling Ordinance dated July 2, 2002; the Ordinance Amending and Supplementing Certain Articles of the Administrative Violation Handling Ordinance dated April 2, 2008; in cases requiring timely prevention of administrative violations or to ensure the handling of administrative violations, the Head of the Border Guard Post at the Port may decide to apply preventive measures according to the provisions of the law.

Article 8. Responsibilities of the person handling procedures when handling border procedures for persons, vessels, and ships entering, exiting, transiting, and changing ports

1. To declare, submit, and present various types of documents as prescribed by law.

2. To provide complete and accurate information related to vessels, ships, crew members, passengers, and cargo on board. Upon discovering individuals hiding on board, the ship captain must take necessary preventive measures depending on each specific case, establish a file to protect evidence and manage those hiding on board, and have the right to temporarily detain individuals according to the law if necessary, while promptly reporting to the Border Guard at the Port to coordinate with other specialized state management agencies operating at the port for handling according to their authority.

3. To comply with decisions and requirements of the Border Guard at the Port regarding the processing, inspection, and supervision of border control for vessels, ships, crew members, passengers, and prohibited means of transport.

4. Fulfill other obligations as prescribed by law.

Article 9. Border Control Procedures for Persons, Vessels, and Ships Entering the Country

1. When handling entry procedures, the person handling the procedures must submit and present to the Border Guard at the Port the following documents:

a) Documents to be submitted (one original copy):

- General declaration form;

- Crew list;

- Passenger list (if applicable);

- Declaration of dangerous goods, weapons, and explosive materials (if applicable) - (Annexes I and II attached hereto);

- Declaration of individuals hiding on board (if applicable) - (Annex III attached hereto).

b) Documents to present (originals):

- Crew member's logbook;

- Crew member's passport or substitute document;

- Passenger's passport or substitute document;

2. The Border Guard at the Port shall perform the tasks stipulated in Article 7 of this Circular; inspect the condition of dangerous goods, weapons, and explosive materials storage, and seal weapons and explosive materials on board the vessel.

Article 10. Border Guard Procedures for Persons, Vessels, and Ships Departing

1. When handling departure procedures, the person handling the procedures must submit and present to the Border Guard at the port customs gate the following documents:

a) Documents to be submitted (one original copy):

- General declaration form;

- Crew list;

- Passenger list (if applicable);

- Declaration of dangerous goods, weapons, and explosive materials (if applicable) - (Annexes I and II attached hereto);

- Declaration of individuals hiding on board (if applicable) - (Annex III attached hereto).

b) Documents to present (originals):

- Crew member's passport or substitute document;

- Passenger's passport or substitute document;

2. The Border Guard at the port customs gate shall perform the tasks prescribed in Article 7 of this Circular and inspect the seals on dangerous goods, weapons, and explosive materials, and recover all types of documents that the Border Guard at the port customs gate has issued to vessels, ships, crew members, and passengers.

Article 11. Border Guard Procedures for Vessels and Ships Transiting

1. The procedures at the port entry customs gate and the port exit customs gate shall be carried out in accordance with the provisions of Articles 9 and 10 of this Circular.

2. During transit, the ship captain must be responsible for managing the crew, passengers, and cargo on the vessel; maintaining the sealed condition and border guard records from the port entry customs gate to the port exit customs gate.

Article 12. Border Guard Procedures for Vessels and Ships Changing Ports

1. Vessels and ships that have completed entry procedures at one port in Vietnam and then proceed to another port (changing ports) shall not need to handle entry procedures again. After receiving a written notification about the time, purpose, name of the destination port, and anticipated changes regarding crew members and passengers for the vessel's change of port, the Border Guard at the arrival port customs gate only requires the ship captain to submit the port change record provided by the Border Guard at the previous departure port.

2. Based on the port change record provided by the Border Guard at the previous departure port, the Border Guard at the arrival port shall implement management measures according to the law, accept the port change record, and notify the Border Guard at the departure port about the compliance with the law by the crew members, vessel, and ship changing ports. The ship captain must be responsible for managing the crew members, passengers, and cargo on the vessel; maintaining the sealed condition and port change record provided by the Border Guard at the previous departure port.

Article 13. Border Guard Procedures for Vessels and Ships Flying the Flag of a Country Sharing a Border with Vietnam

1. For vessels and ships with a gross tonnage of 200 DWT or less flying the flag of a country sharing a border with Vietnam when arriving at a Vietnamese coastal port in the border area with that country, the person handling the procedures must submit and present to the Border Guard at the port customs gate the following documents:

a) Documents to be submitted (one original copy):

- Passenger list (if applicable);

- Declaration of dangerous goods, weapons, and explosive materials (if applicable) - (Annexes I and II attached hereto);

- Declaration of individuals hiding on board (if applicable) - (Annex III attached hereto).

b) Documents to be presented:

Passport or other documents having the equivalent value of a passport for crew members and passengers in accordance with Vietnamese law or international treaties signed between Vietnam and that country.

2. The Border Guard at the port customs gate shall perform the tasks prescribed in Article 7 of this Circular; inspect the storage status of dangerous goods, weapons, and explosive materials, and seal weapons and explosive materials not included in imported goods into Vietnam.

1. Implement entry and exit procedures in accordance with the provisions of Articles 9 and 10 of this Circular.

2. When welcoming sea tourists at the port, travel companies must submit to the Border Guard at the port customs gate the following documents:

a) One original copy of the Tour Program for tourists;

b) One copy of the Business License (first time);

c) One copy of the International Travel Agency Business License (first time).

d) One original copy of the Personnel Approval List issued by the Exit-Entry Management Authority of the Ministry of Public Security allowing tourists to enter Vietnam (except those holding passports already bearing a Vietnamese visa and those holding passports exempted from visa requirements for entry and exit from Vietnam).

3. Sea tourists are granted visas or Tourist Visit Permits in accordance with Vietnamese laws on entry and exit.

4. For international tourist passenger ships permitted to carry domestic tourists between domestic ports before the ship welcomes tourists at the port, the person handling the procedures must submit to the Border Guard at the port customs gate the following documents:

a) A copy of the permits issued by competent Vietnamese authorities allowing the welcoming of domestic tourists between domestic ports.

b) The travel company must submit to the Border Guard at the port customs gate the Tour Program for domestic tourists and the Passenger List.

c) Domestic tourists disembarking the ship must present their passport or other documents having the equivalent value of a passport (for foreign tourists); Identity Card or Passport (Vietnamese citizens) and Shore Pass issued to passengers with the stamp confirmation of the Border Guard at the port customs gate.

d) Domestic tourists leaving the ship must return the shore pass issued to them to the Border Guard at the port customs gate.

Article 15. Border Control Procedures for Sailing Vessels

1. Crew members and passengers on sailing vessels must have visas issued by competent Vietnamese authorities when entering the country (except in cases where visa exemptions apply).

2. In cases without visas, border control at the port of entry shall issue visas in accordance with regulations.

Article 16. For Domestic Route Vietnamese Vessels

1. Vessels operating on domestic routes are not required to go through border control procedures upon arrival and departure from ports, but they must register their arrivals and departures and be subject to inspection and supervision by border control at the port.

2. When registering arrivals and departures for vessels operating on domestic routes, the captain must submit and present to border control at the port the following documents:

a) Documents to be submitted:

- Crew list;

- Passenger list (if applicable).

b) Documents to be presented:

- Crew member's logbook;

- Crew member's passport or substitute document;

- Passports of passengers or other documents equivalent to passports.

Article 17. For Dedicated Ports

1. Dedicated ports announced by the Ministry of Transport are ports exclusively designated for enterprises to export and import specific types of goods belonging to those enterprises.

2. Border control at the port shall carry out border control procedures and inspections when Vietnamese and foreign vessels enter and exit; such procedures shall be carried out by border control at the nearest port.

Article 18. For Inland Waterway Ports Accepting Foreign Vessels

At inland waterway ports announced by the Ministry of Transport that allow foreign vessels to enter and exit for cargo handling, border control procedures and inspections shall be conducted in accordance with the law.

Article 19. Electronic Border Control Procedures

1. The Border Guard Command shall register and assign email addresses to border control units at ports that have established electronic border control procedures to receive and send information as prescribed; it shall also establish forms for electronic border control declarations and guide the declaration and confirmation process for electronic border control procedures. Border control at the port shall notify relevant agencies, organizations, and individuals of these email addresses.

2. Maritime Port Authorities, port enterprises, and persons handling vessel procedures shall report to border control at the port via the network information related to vessels, cargo, crew lists, passenger lists (if applicable), and expected arrival and departure times.

3. Information transmitted via the network serves to expedite procedures before receiving formal documents. Upon receiving network information, border control at the port must verify accurately; if conditions are met, it may permit vessels to conduct cargo handling and technical activities. Crew members are only allowed to disembark after completing passport inspection and obtaining shore leave permits.

Chapter 3.

BORDER CONTROL INSPECTION AND SUPERVISION

Article 20. Responsibilities of Border Control at the Port

1. At the wharf and port waters

a) Inspect, control, and supervise vessels entering, exiting, transiting, and changing ports.

b) Coordinate with Maritime Port Authorities to gather information about domestic vessels moored and loading/unloading at the port, inspect and control the activities of people, vessels, and cargo within the port area; record all movements of people boarding and disembarking vessels and entering and exiting the port area according to permits issued.

c) Inspect, control, and supervise all activities of people and vehicles within the maritime port area; promptly detect and prevent violations of the law.

d) Lead the implementation of regulations in border areas, combat and prevent illegal activities that undermine national security and order, fight against drug trafficking, weapons, explosives, smuggling, commercial fraud, prohibited goods transportation, and other violations of the law through maritime ports.

2. At the port gate

a) Check and register various permits issued by border control at the port for people disembarking from foreign vessels moored at the port and leaving foreign vessels moored at the port to enter the mainland.

b) Inspect and control crew members and passengers who have completed entry procedures to return home through another port of entry and people who have entered through another port of entry and are boarding a vessel to exit.

c) Inspect and control shore leave permits for foreign crew members who disembark and return to their vessels.

d) Coordinate with port security to manage, inspect, and control people and vehicles entering and exiting the port and other entities operating within the port area.

Article 21. Direct Border Guard Surveillance on Ships

1. Direct border guard surveillance on ships shall be carried out in accordance with the provisions of Article 14 of Decree No. 50/2008/NĐ-CP.

2. When necessary, the Border Gate Port may organize monitoring of the journey of ships transferring to other ports within the country.

Article 22. For Non-Tax Zones within Port Border Gate Areas

Persons and means of transport entering and exiting activities in non-tax zones within port border gate areas must comply with the provisions of Decree No. 50/2008/NĐ-CP and other relevant laws of Vietnam.

Chapter 4.

PROVISIONS ON LEAVING SHIPS AND BOATS TO SHORE AND ENTERING PORT BORDER GATE ZONES

PORT GATE AREA

Article 23. Documents for Leaving Foreign Ships

1. In accordance with the provisions of Article 17 of Decree No. 50/2008/NĐ-CP

2. The permit to leave the ship issued by the Border Gate Port for Vietnamese and foreign individuals (excluding staff of specialized state management agencies at the port border gate who are performing their duties and crew members within the ship's complement and passengers traveling on the ship) to work or conduct other activities during the time the ship is moored in the port border gate area.

3. The permit to leave the ship includes:

a) A permit to leave the ship issued to Vietnamese and foreign individuals from agencies and enterprises that regularly board foreign ships to work, valid for no more than 12 months (Annex IV attached hereto).

b) A permit to leave the ship issued to Vietnamese and foreign individuals boarding foreign ships moored at the port border gate to work, valid for no more than three months (Annex V attached hereto).

c) A permit issued to Vietnamese and foreign individuals conducting press activities, scientific research, sightseeing tours, food supply, fuel, goods, and related services involving foreign ships in the port border gate area, valid for one use only (Annex VI attached hereto).

d) Upon arrival to work or conduct activities, the individual holding the permit must present it to the Border Gate Port and be subject to inspection and supervision by the Border Gate Port. The ship captain is responsible for allowing individuals without permission to board the ship.

4. The collection of fees for these permits shall be carried out in accordance with the regulations of the Ministry of Finance.

Article 24. Foreign Crew Members Going Ashore

1. Foreign crew members going ashore shall be carried out in accordance with the provisions of Article 18 of Decree No. 50/2008/NĐ-CP.

2. During the time the ship is moored at the port border gate area, foreign crew members are permitted to go ashore within the province or centrally administered city where the port border gate area is located. If they go beyond this range or exit Vietnam through other border gates, they must comply with the relevant laws on entry and exit.

3. The time for going ashore is from 07:00 to 24:00 daily, if for sightseeing, medical treatment, etc., the time can be extended according to specific cases.

4. The permit to go ashore (Shore Pass - SHOREPASS - Annex VII attached hereto) is issued by the Border Gate Port for foreign crew members working on foreign ships; foreign crew members working on Vietnamese ships, valid for one use during the time the ship is moored at the port.

5. Requests for permission to go ashore for crew members are recorded in the notes section of the General Declaration Form. If a crew member wishes to go ashore but has not registered in the notes section of the General Declaration Form, the captain must request the permit through the agent. Crew members staying overnight on shore must have a request from the captain and obtain a permit from the Border Gate Port.

6. During the time the ship is moored at the port border gate area, foreign crew members who violate Vietnamese law will be prohibited from going ashore, and those who violate while going ashore will be dealt with according to Vietnamese law.

7. The collection of fees for the permit to go ashore shall be carried out in accordance with the regulations of the Ministry of Finance.

Article 25. Documents for Foreign Nationals Working or Operating at Seaport Border Gates

1. When working or operating at seaport border gates, foreign nationals must have a passport or other travel document with equivalent validity, a permit issued by provincial-level public security authorities, and be subject to inspection and supervision by the border guard force at the seaport gate.

2. In cases where foreign nationals are traveling in groups organized by Vietnamese agencies or organizations to areas near seaport border gates, such agencies or organizations must prepare a list of accompanying foreign nationals, notify the border guard force at the seaport gate, and be subject to inspection and supervision by the border guard force at the seaport gate.

Chapter 5.

RESPONSIBILITIES FOR GUIDING AND COORDINATING ACTIVITIES IN MANAGEMENT, SECURITY, AND ORDER MAINTENANCE

DUTIES, SECURING SECURITY AND ORDER

Article 26. Responsibilities of the Border Guard Force at Seaport Gates

1. Take the lead and coordinate with police forces, specialized state management agencies at seaport gates, port enterprises, and local authorities in activities related to management, security protection, and maintenance of social order at seaport gates.

2. Deploy and utilize personnel, equipment, weapons, military technology, support tools, conduct border guard operational measures, closely monitor the situation in the area, subjects under management, maintain security, order, and social safety in the seaport gate area.

3. Mobilize personnel to handle procedures, inspect, and control exit and entry at seaport gates; guide, inspect, and supervise the activities of Vietnamese and foreign individuals, vessels, and ships entering, exiting, transiting, and changing ports.

4. Combat various types of crimes, prevent smuggling, and fraudulent trade practices.

5. Implement border guard diplomatic work in accordance with the law.

6. Detect, prevent, apprehend, and handle violations of regulations stipulated in Decree No. 50/2008/NĐ-CP on the regime of the maritime border area, Vietnamese laws, and international treaties to which Vietnam is a party.

7. Take the lead and coordinate with specialized state management agencies with forces operating at seaport gates, port enterprises to develop cooperation regulations for activities related to security, order maintenance, and resolution of incidents involving various sectors at seaport gates.

8. Regularly convene meetings with functional forces, specialized state management agencies at seaport gates, port enterprises, and local authorities to report on the security, order, and social safety situation at seaport gates.

Article 27. Responsibilities of Port Enterprises

1. Ensure that the border guard force at seaport gates can use the port entrance, facilities, and equipment at the port to perform tasks related to management and security protection at seaport gates.

2. Notify the border guard force at seaport gates in writing about the port's plans and operational status, provide data as required by the border guard force at seaport gates, and cooperate in managing port staff to ensure security and order at the port.

3. Comply with legal provisions regarding border guard procedures for individuals, transport means exiting and entering, exported and imported goods, ensuring security and order conditions at the wharf area where ships dock for cargo handling or passenger embarkation/disembarkation.

Chapter 6.

IMPLEMENTATION

Article 28. Effective Date

This Circular takes effect from March 3, 2010, and replaces Decision No. 167/2004/QĐ-BQP dated December 13, 2004, of the Minister of National Defense on procedures, inspection, and supervision at border guard posts at seaports and specialized ports.

Article 29. Implementation Organization

The Commander of the Border Guard Force shall be responsible for:

1. Directing the Provincial Border Guard Command in provinces and centrally governed cities with seaport gateways to take the lead and coordinate with the Department of Justice and relevant agencies to advise the People's Committee of the province to organize meetings to disseminate the contents of Government Decree No. 50/2008/NĐ-CP and this Circular to all levels and sectors in the locality; widely publicize and propagate to the masses of people, especially those in the seaport gateway areas and coastal border regions to implement uniformly.

2. Take the lead and coordinate with the Finance Department of the Ministry of National Defense and functional agencies of the Ministry of Finance to study and submit to the Ministry of National Defense and the Ministry of Finance for supplementation of the list of fees for issuing various types of permits as stipulated in Article 17 and Article 18 of Government Decree No. 50/2008/NĐ-CP.