Decision No. 10/2016/QĐ-TTg On Implementing Electronic Border Control Procedures for Seaports

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Pursuant to the Law on National Border dated June 17, 2003;

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Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Entry into, Exit from, and Transit through Vietnam and Residence of Foreigners in Vietnam dated June 16, 2014;June 2024; Pursuant to Resolution No. 30/2016/QH13 dated November 22, 2016 of the National Assembly on piloting the issuance of electronic visas for foreigners entering Vietnam;

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Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on Upon the proposal of the Minister of National Defense,

The Prime Minister promulgates this Decision on implementing electronic border procedures for seaports. bexhibited.

Article 1. Scope of Regulation

This Decision stipulates the implementation of electronic border procedures at seaports managed by the Border Guard under the Ministry of National Defense.

Article 2. Applicability

1. This Decision applies to:

a) The Border Gate Command, Border Gate Post, and Border Gate Station under the Border Gate Post (hereinafter collectively referred to as the Border Gate Post);

b) The ship owner or ship manager, ship charterer, ship operator, captain or authorized representative (hereinafter referred to collectively as the person handling the procedure); organizations and individuals from Vietnam and foreign countries related to the implementation of electronic border procedures for seaports;

d) Foreign ships powered by nuclear energy or carrying radioactive materials; foreign ships arriving at seaports to conduct scientific research, fishing, rescue, salvage, towing support, cultural, sports, marine construction, surveying, exploration, resource exploitation, and other environmental activities in Vietnamese waters after obtaining permission from competent Vietnamese authorities.

2. This Decision does not apply to foreign military ships visiting the Socialist Republic of Vietnam; ships and boats of foreign agencies, organizations, and individuals enjoying privileges and immunities under Vietnamese law; Vietnamese fishing vessels; Vietnamese ships operating on domestic routes; foreign ships seeking refuge due to emergencies such as typhoons or accidents.

Article 3. Explanation of Terms

In this Decision, the following terms shall be understood as follows:

Transshipment procedures only apply to foreign ships.

Entry and exit procedures apply to both Vietnamese and foreign ships.

2. The electronic border procedure portal for seaports (hereinafter referred to as the Portal) is an access point on the network integrating information, services, and applications to facilitate the implementation of electronic border procedures, allowing users to utilize and personalize the display of information.

3. The electronic data processing system for seaport border procedures is a software and database system managed centrally and uniformly by the Border Guard Force, used to implement electronic border procedures.

4. An electronic declaration form is an electronic declaration form that the person handling the procedure must fill out when implementing electronic border procedures.

5. The electronic border procedure dossier for seaports (hereinafter referred to as the electronic dossier) is a set of electronic declarations that the person handling the procedure must submit when implementing electronic border procedures, including: General Declaration; Crew List; Passenger List (if applicable); Dangerous Goods, Weapons, Explosives Declaration (if applicable); Stowaway Declaration (if applicable).

10. Ships and boats changing ports are foreign-flagged ships (including those owned by Vietnam but flying foreign flags) which have completed entry procedures at one Vietnamese seaport and then moved to another seaport within the country.

Article 4. Principles for Implementing Electronic Border Control Procedures

It must ensure equality, safety, transparency, speed, convenience, and compliance with Vietnamese laws on electronic transactions and entry-exit, and be consistent with relevant international treaties to which Vietnam is a party.

Article 5. Confirmation of Completion and Refusal to Process Electronic Border Control Procedures

1. The border guard at the port checkpoint confirms the completion of border control procedures based on the electronic declaration submitted by the person handling the procedure.

2. The border guard at the port checkpoint may refuse to process electronic border control procedures for the following reasons:

a) National defense and security;

b) Special reasons affecting the economy or society, or for ensuring maritime safety and preventing environmental pollution;

c) Vessels showing clear signs of violating the law;

d) Incomplete or inaccurate declarations made by the person handling the electronic border control procedures.

Article 6. Content of Implementing Electronic Border Control Procedures

1. Electronic border procedures are implemented 24/7. When the portal is connected to the national single window portal, the person handling the procedure reports electronic declarations and sends the electronic dossier to the seaport border guard gateway, receiving confirmation of completion of electronic border procedures for seaports through the national single window portal according to regulations on electronic procedures for ships entering and leaving seaports and offshore oil ports via the national single window mechanism.

In case of technical issues with the national single window portal (hardware, software, database, connection lines at the electronic data processing system for seaport border procedures are damaged or malfunctioning), the person handling the procedure will implement electronic border procedures for seaports through the portal.

2. The format of electronic declaration forms shall be prescribed by the Ministry of National Defense. The contents of electronic declarations must be consistent with the contents of paper declarations as stipulated by Vietnamese laws on port management and maritime channels, and corresponding declarations published on the National Single Window Portal.

3. After completing electronic border control procedures and other specialized administrative agency procedures at the port, vessels entering, transiting, or changing ports:

a) Are permitted to conduct cargo loading and unloading activities and other activities according to their program and plan;

4. After completing electronic border control procedures, vessels departing or changing ports:

a) Continue to conduct cargo loading and unloading activities and other activities according to their program and plan until departure from the port;

b) In cases where there is a change in the ship's crew or violations of Vietnamese laws that require handling, the border procedures must be redone. Vessels may only depart from the port once all issues related to the vessel, crew, passengers, and cargo have been resolved.

- Documents to be submitted (one original copy): General Declaration Form; Crew List; Passenger List (if applicable); Dangerous Goods, Weapons, Explosives Declaration Form (if applicable); Person Concealed on Board Declaration Form (if applicable).

- Documents to be presented (original copy): Seaman’s Book, Seaman’s Passport, or other documents equivalent to a passport for crew members; Passport of passengers (if applicable).

- Documents to be submitted (one original copy): General Declaration Form; Crew List (if there has been a change since entry); Passenger List (if there has been a change since entry); Dangerous Goods, Weapons, Explosives Declaration Form (if there has been a change since entry).

- Documents to be presented (original copy): Seaman’s Book, Seaman’s Passport, or other documents equivalent to a passport for crew members; Passport of passengers (if applicable).

c) For vessels transiting: At the entry port, follow the provisions set forth in Point a Clause 2 of this Decision; at the exit port, follow the provisions set forth in Point b Clause 2 of this Decision.

d) After the National Single Window Portal implements electronic signatures, the person handling the procedures does not need to submit to the Border Guard at the sea port the following documents: General Declaration Form, Crew List, Passenger List, Dangerous Goods, Weapons, Explosives Declaration Form; Person Concealed on Board Declaration Form.

For documents to be presented (Seaman’s Book, Seaman’s Passport, or other documents equivalent to a passport for crew members; Passport of passengers), the person handling the procedures shall comply with the provisions set forth in Point a Clause 2 Article 7 of this Decision.

6. In cases where the person handling the procedures discovers errors or updates information that needs to be reported, but the information must be reported according to regulations and arises after receiving confirmation of completion of the electronic border procedures, the person handling the procedures is allowed to amend and supplement the declaration content in the electronic file within the time limit specified in Point b Clause 2 Article 7 of this Decision, but must obtain approval from the Border Guard at the sea port.

a) The Border Guard at the sea port must notify the person handling the procedures in writing, by telephone, or by email to handle border procedures for vessels arriving at or departing from the port in accordance with Articles 7, 8, 9, 10, and 11 of Decree No. 50/2008/NĐ-CP dated April 21, 2008 of the Government on management and security protection at sea ports.

b) The person handling the procedures must declare and submit paper declarations; the Border Guard at the sea port confirms the completion of the border procedures within the time limit specified in Point c Clause 2 Article 7 of this Decision.

For vessels entering or transiting to the port, transferring to another port, the person handling the procedures may amend and supplement paper documents in accordance with the regulations applicable to electronic files.

c) After the Border Guard at the sea port confirms the completion of the border procedures, the activities of the vessel, crew members shall be carried out in accordance with the provisions of Clause 3 and Clause 4 of this Article.

d) The Border Guard at the sea port refuses to carry out border procedures at its office or at the Maritime Port Office (or representative office of the Maritime Port Office) and instead conducts direct procedures on board the vessel due to reasons of national defense, security; special reasons affecting the economy and society; or to ensure maritime safety and prevent environmental pollution; clear signs of violation of the law by the vessel; incomplete or inaccurate declaration of required documents.

Article 7. Place and Time for Implementing Electronic Border Procedures

1. Place

a) The person handling declaration procedures and receiving confirmation of completion of electronic border procedures may do so at any location with internet access;

b) The Border Guard at the sea port carries out electronic border procedures at its office; receives paper documents at its office or at the Maritime Port Office (or representative office of the Maritime Port Office).

2. Time Limit

- Not later than four hours before the vessel is expected to arrive at the port and two hours before the vessel is expected to depart from the port, the person handling the procedures must declare the electronic border procedures. The start time for implementing the electronic border procedures is determined from the moment the Border Guard at the sea port receives the complete electronic file through the National Single Window Portal.

- Not later than one hour after receiving the complete electronic file, the Border Guard at the sea port must confirm the completion of the electronic border procedures. The completion time of the electronic border procedures is determined from the moment the person handling the procedures receives confirmation of the completion of the electronic border procedures through the National Single Window Portal.

- For vessels entering the country; vessels transiting to the port, not later than ten hours after the vessel safely docks at the port, the person handling the procedures must submit and present the required documents to the Border Guard at the sea port as stipulated.

For vessels departing; vessels transiting leaving the port, no later than immediately before the vessel leaves the port, the person handling the procedures must submit and present the required documents as prescribed to the Border Guard Port Gate.

- For vessels that remain at the port for less than 24 (twenty-four) hours without changing crew members or passengers (if any), the person handling the procedures may declare departure formalities immediately after declaring entry formalities; submit and present the entry and exit procedure documents to the Border Guard Port Gate once.

b) Time limit for sending and confirming completion of electronic border procedures for amended and supplementary electronic files:

- No later than 02 (two) hours after arriving at the port from the time of safe anchorage at the port, for vessels entering, transiting, or transferring ports, the person handling the procedures must send electronic amendment and supplementary files to the Border Guard Port Gate. No later than 30 (thirty) minutes after receiving all electronic amendment and supplementary files, the Border Guard Port Gate must confirm the completion of electronic border procedures for the electronic amendment and supplementary files.

- No later than 01 (one) hour before leaving the port for vessels departing, transiting, or transferring ports, the person handling the procedures must send electronic amendment and supplementary files to the Border Guard Port Gate. Immediately before the vessel leaves the port, the Border Guard Port Gate must confirm the completion of electronic border procedures for the electronic amendment and supplementary files.

- No later than 02 (two) hours before the vessel is expected to arrive or leave the port, the person handling the procedures must declare and submit the documents specified in Points a and b Clause 5 Article 6 of this Decision to the Border Guard Port Gate.

No later than 01 (one) hour after receiving all the required documents, the Border Guard Port Gate must confirm the completion of border procedures.

- No later than 10 (ten) hours after the vessel safely anchors at the port, no later than 02 (two) hours before the vessel is expected to leave the port, the person handling the procedures must present the documents specified in Points a and b Clause 5 Article 6 of this Decision to the Border Guard Port Gate.

Article 8. Responsibilities of Ministries, Agencies; People's Committees of Provinces and Cities; Relevant Units, Organizations, and Individuals in Implementing Electronic Border Procedures

1. Responsibilities of the Ministry of National Defense

a) To take the lead and coordinate with relevant Ministries, Departments; People's Committees of provinces and centrally governed cities; coordinate with the Steering Committee for the National Single Window Mechanism of the Government in implementing electronic border procedures and integrating electronic border procedures of seaports with the National Single Window System.

b) To issue guidance documents on the implementation of electronic border procedures, forms in the electronic border procedure file of seaports, and related supplementary forms consistent with the International Convention on Facilitation of Maritime Traffic (FAL 65); amendments and supplements in the declaration of electronic border procedure files; inspection, supervision, issuance of permits for persons and means of transport entering, exiting, and operating in the seaport area; information security; handling violations and complaints; providing access accounts for persons handling procedures to access the Electronic Border Procedure Information Portal; guiding the resolution of issues arising during the connection process with the National Single Window Information Portal.

c) To propose and issue mechanisms, policies, timelines, funding, and infrastructure equipment for the official implementation of electronic border procedures across the national seaport system managed by the Ministry of National Defense.

d) To organize publicity and support enterprises, organizations, and individuals involved in implementing electronic border procedures; coordinate with relevant Ministries and Departments to inspect and resolve emerging issues.

đ) To take the lead and coordinate with relevant Ministries, Departments; People's Committees of provinces and centrally governed cities to implement this Decision.

e) To ensure funding and necessary conditions regarding facilities and equipment for implementing electronic border procedures;

g) To conduct mid-term reviews, summaries, evaluations, and report to the Prime Minister on the results of implementing electronic border procedures.

h) To direct the Border Guard Force

- To develop and implement projects for electronic border procedures at the Border Guard Port Gate; to establish a timeline for upgrading and completing the electronic data processing system for seaport border procedures, applying digital signatures, and eliminating paper documents required for electronic border procedures; to organize training, instruction, and allocate personnel with sufficient qualifications, capabilities, and experience to meet the requirements of electronic border procedures;

- To review, inspect, and approve organizations and individuals participating in electronic border procedures; provide access accounts to the Information Portal; guide the installation and declaration of information for persons handling procedures participating in electronic border procedures;

- To provide and share information related to vessels, crew members, and passengers to specialized management agencies at ports;

- To take the lead and coordinate with specialized management agencies at ports and local authorities in publicizing and implementing electronic border procedures;

- To handle according to the law any violations of the law by organizations and individuals in implementing electronic border procedures.

2. Responsibilities of relevant Ministries and sectors

a) Ministry of Finance

Within their scope of duties and authority, they are responsible for directing and guiding specialized state management agencies under their jurisdiction to cooperate with the Border Guard in implementing electronic border procedures; to take the lead and coordinate with the Ministry of National Defense to guide enterprises, organizations, and individuals involved in implementing electronic procedures (including electronic border procedures for seaports) for vessels arriving at and departing from seaports and offshore oil terminals through the National Single Window Mechanism.

Within its scope of duties and authority, it is responsible for directing and guiding specialized state management agencies under its jurisdiction to coordinate with the Border Guard Force in implementing electronic border procedures.

3. Responsibilities of provincial People's Committees where electronic border procedures are implemented

Within their scope of duties and authority, the People's Committee of provinces and centrally governed cities is responsible for directing and guiding local functional departments where electronic border procedures are implemented to cooperate and create favorable conditions for the Border Guard Port Gate to implement electronic border procedures locally.

4. Responsibilities of organizations and individuals participating in the implementation of electronic border procedures; handling violations and resolving complaints and denunciations in the implementation of electronic border procedures

a) Organizations, individuals, officers, and soldiers of the Border Guard implementing electronic border procedures must comply with the provisions of this Decision and other Vietnamese laws regarding entry and exit; management and maintenance of public order at seaport border gates; seaport management and maritime channels; electronic transactions. Any violation will be handled according to the law.

b) The filing of complaints and denunciations and resolution of complaints and denunciations in the implementation of electronic border procedures shall be carried out in accordance with the law on complaints and denunciations.

Article 9. Implementation Provisions

1. This Decision takes effect from April 18, 2016.

2. Abolish Decision No. 22/2011/QĐ-TTg dated April 15, 2011 of the Government Chairman regarding the pilot implementation of electronic border procedures at seaports.

Article 10. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly related shall be responsible for implementing this Decision./.