Decree No. 104/2012/NĐ-CP on foreign military vessels visiting the Socialist Republic of Vietnam

DECREE

Regulations on foreign military vessels arriving at the Socialist Republic of Vietnam

____________________________

 

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Article 1. This Decree stipulates acts of administrative offenses; forms and levels of penalties; measures to remedy consequences; authority to issue administrative offense violation reports; and authority to impose administrative penalties in Vietnam's marine zones, islands, and continental shelf.

Pursuant to the National Security Law dated December 3, 2004;

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

Based on the Law on Customs dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Law on Customs dated June 14, 2005;

Based on the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam dated April 28, 2000;

Based on the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Equipment dated June 30, 2011;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree to regulate foreign military vessels arriving at the Socialist Republic of Vietnam,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the activities of foreign military vessels arriving at the Socialist Republic of Vietnam (hereinafter referred to as foreign military vessels arriving at Vietnam); procedures for granting permits; entry and exit procedures, port changes; inspection and supervision of activities related to foreign military vessels arriving at Vietnam.

Article 2. Applicability

1. This Decree applies to foreign military vessels arriving at Vietnam and members on board such vessels, state management agencies of Vietnam, organizations, and individuals related to the activities of foreign military vessels arriving at Vietnam.

2. The provisions of this Decree also apply to public service vessels equipped with military weapons of a country or territory; vessels of an international military organization arriving at Vietnam to conduct visits, repairs, and other activities.

3. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions from those of this Decree, the provisions of such international treaties shall be applied.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. A foreign military vessel is a ship belonging to the armed forces of a country and bearing external markings clearly indicating the nationality of that country, commanded by a naval officer serving that country, who is listed in the officer roster or an equivalent document; operated by a crew acting under military discipline orders.

2. Foreign military vessels arriving at Vietnam are foreign military vessels entering the territorial sea, internal waters, and ports of the Socialist Republic of Vietnam to conduct visits, repairs, and other activities.

3. Official visits by foreign military vessels to Vietnam are visits by foreign military vessels carrying heads of state invited by the Socialist Republic of Vietnam to enhance friendly relations between the two states.

4. Social visits by foreign military vessels to Vietnam are visits by foreign military vessels to Vietnam with the aim of enhancing friendly relations between the people and military forces of the two countries.

5. Routine visits by foreign military vessels to Vietnam are visits by foreign military vessels to Vietnam for joint training exercises; provision of technical materials and military equipment; refueling, food supply, or rest for crew members.

6. Foreign military vessels arriving at Vietnam for repairs are foreign military vessels coming to Vietnam's ports for repair under contracts with Vietnamese enterprises having the function of repairing ships.

7. Foreign military vessels arriving at Vietnam to carry out other activities are foreign military vessels arriving at Vietnam to carry out humanitarian activities; search and rescue operations; surveying and researching the sea; searching for remains, joint patrols, anti-piracy operations, and other specialized activities agreed upon between Vietnam and the country owning the vessel.

8. Public service vessels are vessels specifically used to perform state duties not for commercial purposes.

9. Military weapons include:

a) Small-caliber hand-held firearms are weapons designed for individual use including pistols, rifles, submachine guns, medium machine guns, and similar types of firearms;

b) Light weapons include heavy machine guns, mortars under 100 (one hundred) millimeters (mm), recoilless rifles, anti-tank missiles, shoulder-fired surface-to-air missiles, and other light weapons with similar functions and effects;

c) Bombs, mines, grenades, ammunition, torpedoes, artillery pieces;

d) Weapons not included in the list of weapons issued by the Government but having similar functions and effects as military weapons.

10. Activities of foreign military vessels at ports involve entering and exiting, anchoring, moving from one mooring position to another, and conducting activities according to the agreed program during their visit or repair period at the port.

11. Members on board foreign military vessels include the Group Leader (if any), Captain, crew members, and others traveling on the vessel.

12. A port area includes the port land area and the port water area, constructed with infrastructure and equipped with facilities for ships to enter and operate for cargo handling, passenger embarkation and disembarkation, and other services.

The port land area is the designated area for building piers, warehouses, yards, workshops, headquarters, service facilities, transportation systems, communication networks, electricity, water, and auxiliary structures, and installation of equipment.

The port water area is the designated area for establishing the water area before the pier, turning basin, anchorage area, transshipment area, typhoon shelter, pilot boarding area, quarantine area; construction of port channels and other auxiliary structures.

A port may have one or more berths. A berth may have one or more piers. A berth includes the pier, warehouse, yard, workshop, headquarters, service facilities, transportation system, communication network, electricity, water, channel leading to the berth, and other auxiliary structures, with the pier being a fixed structure within the berth used for ships to anchor, handle cargo, embark and disembark passengers, and provide other services.

13. A military port is a port managed by the Ministry of National Defense and operating under the regulations of a military port.

14. Specialized state management agencies at ports include the Border Guard Port Gate; Customs Port Gate; Maritime Port Authority; International Health Quarantine; Animal and Plant Quarantine at Port Gates.

15. The person handling procedures is the Captain/Group Leader or an authorized representative.

16. Placing weapons in the non-combat state means putting weapons in a condition not ready for immediate combat use (locking the range and direction of the weapons, not powering the weapon system, no ammunition on the mount or belt, feed box).

17. Weapons in storage state are weapons in a condition that can be used but without ammunition on the mount or belt, feed box to carry out maintenance work.

Article 4. General Principles for Foreign Military Ships Visiting Vietnam

Male

1. Foreign military ships visiting Vietnam must obtain permission from competent state management agencies of Vietnam as prescribed in this Decree.

2. Foreign military ships visiting Vietnam must respect and comply with Vietnamese laws and regulations stipulated in this Decree, except where there is a different agreement between the country of the ship and the competent state management agencies of Vietnam through diplomatic channels prior to the ship's arrival in Vietnam.

3. The program of activities of the ship and its crew members must be carried out according to the agreed plan; in case of changes or new developments, permission from the competent state management agencies of Vietnam must be obtained.

4. When foreign military ships enter Vietnam's territorial waters to dock at a port:

a) Submarines and other submerged vessels must operate in the surfaced state and display their national flag, except when permitted by the Government of Vietnam or pursuant to an agreement between the Government of Vietnam and the government of the country whose vessels fly the flag;

b) The outside of the ship must clearly mark the ship's number and name;

c) Place all weapons in the non-combat state or in storage state;

d) Stop in the pilot transfer zone to complete entry procedures and follow the guidance of Vietnamese port authorities and pilots;

e) Only use necessary equipment to ensure maritime safety and registered communication frequencies;

f) Arrive at the designated port according to the prescribed route and lane.

5. Foreign military ships entering Vietnam's territorial waters must fly the flag of the Socialist Republic of Vietnam at the same height as the flag of the country of the military ship. In cases where foreign military ships wish to fly ceremonial flags, flags of mourning, sound horns during their own ceremonies, the Ship Captain/Group Leader must request permission and receive approval from the Port Maritime Authority or the competent authority at the port or military port where the ship is moored.

6. Foreign military ships wishing to move from one Vietnamese port to another (change ports) must clearly indicate this in the Diplomatic Note and Declaration Form (Form 1 or Form 2) and obtain written approval from the Ministry of National Defense.

Article 5. Activities That Foreign Military Ships Are Not Permitted To Conduct Upon Arrival in Vietnam

Male

1. Engaging in activities that infringe upon the independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam.

2. Conducting intelligence gathering activities and other acts that harm the national security and social order and safety of the Socialist Republic of Vietnam.

3. Transporting weapons of mass destruction, radioactive materials, chemical toxins, biological toxins, narcotics.

4. Propagating, disseminating literature, books, films, cultural products without the permission of the competent Vietnamese authority.

5. Organizing charitable activities without the approval of the competent Vietnamese authority.

6. Disembarking persons, goods, or vehicles from the ship contrary to Vietnamese laws on entry and exit, import and export, except in cases of rescue operations, which must then immediately report to the competent Vietnamese authority at the port.

7. Launching, receiving, or loading any aircraft or military equipment onto the ship without the permission of the competent Vietnamese authority.

8. Illegally conducting research, surveying, fishing, trading, or interfering with communication systems, radar surveillance, obstructing transportation.

9. Causing environmental pollution, damaging marine equipment and facilities at the port.

10. Using divers or underwater diving equipment without the permission of the competent Vietnamese authority.

11. Automatically docking alongside another ship or entering prohibited areas.

12. Filming, photographing, drawing maps in prohibited areas.

13. Causing public disorder, obstructing or resisting the execution of duties by Vietnamese authorities.

14. Conducting training, exercises, demonstrations, and performances with various types of weapons, aircraft, and military equipment without the permission of the competent Vietnamese authority.

15. Engaging in other activities prohibited by Vietnamese law.

Article 6. Issuing permits, inspection, and supervision for organizations and individuals related to the activities of foreign military vessels visiting Vietnam.

Male

1. All organizations, individuals, and means of transportation of Vietnam and foreign countries (except for officers, staff, and means of transportation of specialized state management agencies at seaports, military ports performing their duties) entering, exiting, operating within the anchorage area of foreign military vessels; boarding foreign military vessels to work, conducting other activities, and mooring alongside foreign military vessels during their anchorage at seaports, military ports, inland waters, territorial seas must have a permit issued by competent authorities.

2. Organizations, individuals, and means of transportation specified in Clause 1 of this Article:

a) Shall only be granted a permit when carrying out activities within the official program of foreign military vessels or upon request and approval in writing by the Commander/Captain of the foreign military vessel.

b) Must comply with inspections and supervision by specialized state management agencies at seaports, military ports, and relevant functional forces.

Article 7. Principles and authority for handling violations by foreign military vessels visiting Vietnam.

Male

1. Foreign military vessels visiting Vietnam that violate provisions of this Decree and other laws of Vietnam shall be resolved through diplomatic channels based on Vietnamese law or international treaties to which Vietnam is a member.

2. The Captain/Commander of foreign military vessels visiting Vietnam shall be responsible for the consequences resulting from the illegal actions of members on board the vessel during their operations in Vietnam.

3. Members of foreign military vessels visiting Vietnam who commit violations of Vietnamese law shall be handled according to Vietnamese law (except for those entitled to diplomatic privileges and immunities).

4. Authority for handling violations shall be carried out in accordance with Vietnamese law.

Article 8. Principles for handling maritime collision accidents involving foreign military vessels.

Handling of maritime collision accidents involving foreign military vessels visiting Vietnam shall be conducted in accordance with the provisions of the Vietnamese Maritime Code and resolved through diplomatic channels.

Article 9. Notification of foreign military vessels arriving at seaports and using Vietnamese pilotage services.

Male

1. At least 24 (twenty-four) hours before a foreign military vessel is expected to arrive at a Vietnamese seaport, the person handling the procedures must submit a Vessel Arrival Notice (Form 12) to the Marine Port Authority where the vessel will arrive.

2. When entering, leaving, or moving within Vietnamese seaport waters, foreign military vessels must use Vietnamese pilotage services to guide the vessel and pay pilotage fees as prescribed by Vietnamese law.

Chapter II

FOREIGN MILITARY VESSELS VISITING VIETNAM TO PERFORM VISITS

PROCEDURES FOR ISSUING PERMITS; ENTRY AND EXIT PROCEDURES, PORT TRANSFERS

Section 1

PROCEDURES FOR GRANTING LICENSES; ENTRY, EXIT, AND PORT CHANGE PROCEDURES

Article 10. Permit issuance procedures.

1. Procedures for issuing permits for foreign military vessels visiting Vietnam to perform official visits.

a) Permit issuance authority:

- The Ministry of Foreign Affairs issues permits for foreign military vessels visiting Vietnam to perform official visits. In cases of refusal to issue a permit, the reasons must be clearly stated.

The agreement and coordination of time, content, and program related to the visit are conducted through diplomatic channels;

- Before issuing a permit, the Ministry of Foreign Affairs seeks opinions from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Transport, relevant ministries and sectors, and the People's Committee of the province/city directly under the Central Government (hereinafter referred to as the Provincial People's Committee) where the vessel will arrive. In cases where opinions from ministries, sectors, and the Provincial People's Committee are not consistent, the Ministry of Foreign Affairs reports to the Prime Minister for decision.

b) Permit issuance period:

- Within 30 (thirty) days prior to the foreign military vessel's expected entry into Vietnamese territorial waters, the country whose head of state is visiting Vietnam sends a Note Verbale requesting permission to conduct the visit by military vessel along with Form 1 to the Ministry of Foreign Affairs;

- Within 20 (twenty) working days from the date of receipt of the Note Verbale and Form 1, the Ministry of Foreign Affairs sends a reply Note Verbale to the country whose military vessel is visiting;

- Within 05 (five) working days from the date of receipt of the opinion solicitation regarding the issuance of a permit for foreign military vessels visiting Vietnam to perform official visits, relevant ministries, sectors, and the Provincial People's Committee where the vessel will arrive must provide a written response to the Ministry of Foreign Affairs;

- Within 03 (three) working days from the date of issuance or refusal of a permit, the Ministry of Foreign Affairs must notify relevant ministries, sectors, and the Provincial People's Committee where the vessel will arrive about the issuance or refusal of a permit for foreign military vessels visiting Vietnam to perform official visits.

c) In case of modification or supplementation of the content already permitted, the Ministry of Foreign Affairs sends a Note Verbale to exchange and agree with the country whose military vessel is visiting.

2. Procedures for issuing permits for foreign military vessels visiting Vietnam to perform social visits or routine visits.

a) Permit issuance authority:

- The Ministry of National Defense issues permits for foreign military vessels visiting Vietnam to perform social visits or routine visits. In cases of refusal to issue a permit, the reasons must be clearly stated;

- Before issuing a permit, the Ministry of National Defense seeks opinions from the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Transport, relevant ministries and sectors, and the Provincial People's Committee where the vessel will visit. In cases where opinions from ministries, sectors, and the Provincial People's Committee are not consistent, the Ministry of National Defense reports to the Prime Minister for decision.

b) Permit issuance period:

- Within 30 (thirty) days prior to the expected entry of the vessel into Vietnamese territorial waters, the country whose military vessel is visiting must send a Note Verbale requesting permission for the vessel to visit Vietnam along with Form 1 to the Ministry of National Defense. In cases where the country whose military vessel is visiting sends a Note Verbale and Form 1 to the Ministry of Foreign Affairs or the Diplomatic Mission of Vietnam abroad, within 03 (three) days from the date of receipt of the Note Verbale and Form 1, the Ministry of Foreign Affairs or the Diplomatic Mission of Vietnam abroad forwards the Note Verbale and Form 1 to the Ministry of National Defense;

- Within 20 (twenty) working days from the date of receipt of the Note Verbale and Form 1, the Ministry of National Defense must provide a written response to the country whose military vessel is visiting through diplomatic channels.

- Within five (5) working days from the date of receipt of the document seeking comments on granting permission for foreign military vessels to visit Vietnam for official visits or routine visits, relevant ministries, sectors, and provincial People's Committees where the vessel will arrive must provide a written response to the Ministry of National Defense;

- Within three (3) working days from the date of granting or refusing permission, the Ministry of National Defense shall issue a written notification to relevant ministries, sectors, and provincial People's Committees where the vessel will arrive regarding the granting or refusal of permission for foreign military vessels to visit Vietnam for official visits or routine visits;

c) In cases where the content of the granted permission is amended or supplemented, the Ministry of National Defense shall exchange and reach consensus with the state whose military vessel is visiting through diplomatic channels.

Article 11. Entry Procedures

1. Entry procedures for foreign military vessels and their crew members shall be carried out directly on board the vessel immediately upon arrival at the pilotage area and shall be completed before the vessel reaches its anchorage or docks.

2. The joint inspection team for entry procedures shall consist of representatives from the Border Guard Port Gate, Customs Port Gate, Maritime Port Authority, International Health Quarantine, and Plant and Animal Quarantine at the port gate (if the vessel needs to undergo plant and animal quarantine), with the representative from the Border Guard Port Gate serving as the head of the team.

3. Types of documents that the person handling the entry procedures must submit:

a) Submit to the Border Guard Port Gate:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (Form 4);

- One (1) original Dangerous Goods Declaration Form (if applicable - Form 6);

- One (1) original Program or Activity Plan.

b) Submit to the Maritime Port Authority:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (Form 4);

- One (1) original Dangerous Goods Declaration Form (if applicable - Form 6).

c) Submit to the Customs Port Gate:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (Form 4);

- One (1) original Vessel Stores Declaration Form (Form 7);

- One (1) original Crew Luggage Declaration Form (Form 8);

- One (1) original Cargo Declaration Form (if applicable - Form 5);

- One (1) original Dangerous Goods Declaration Form (if applicable - Form 6).

d) Submit to the International Health Quarantine Authority:

- One (1) original Maritime Health Declaration Form (Form 9).

đ) Submit to the Plant Quarantine Authority at the Port Gate:

- One (1) original Plant Quarantine Declaration Form (if applicable - Form 10).

e) Submit to the Animal Quarantine Authority at the Port Gate:

- One (1) original Animal Quarantine Declaration Form (if applicable - Form 11).

4. Types of documents that the person handling the entry procedures must present:

Present to the Border Guard Port Gate one of the following types of documents:

a) Passport or travel document equivalent to a passport of the crew members on board;

b) Military ID card or Military Service Certificate of the crew members on board.

Article 12. Departure Procedures

1. Departure procedures for foreign military vessels and their crew members shall be carried out directly on board the vessel and must be completed no later than immediately before the vessel departs from the port.

2. The joint inspection team for departure procedures shall consist of representatives from the Border Guard Port Gate, Customs Port Gate, and Maritime Port Authority, with the representative from the Border Guard Port Gate serving as the head of the team.

3. Types of documents that the person handling the departure procedures must submit:

a) Submit to the Border Guard Port Gate:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (if there have been changes since entry - Form 4);

- One (1) original Dangerous Goods Declaration Form (if there have been changes since entry - Form 6).

- Documents issued by the Border Guard Port Gate to crew members during the vessel's stay at the port (if applicable): Shore Pass, Permit, Single-Entry Exit Visa, Tourism Visit Permit.

b) Submit to the Maritime Port Authority:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (if there have been changes since entry - Form 4);

- One (1) original Dangerous Goods Declaration Form (if there have been changes since entry - Form 6).

c) Submit to the Customs Port Gate:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (if there have been changes since entry - Form 4);

- One (1) original Vessel Stores Declaration Form (if there have been changes since entry - Form 7);

- One (1) original Crew Luggage Declaration Form (if there have been changes since entry - Form 8);

- One (1) original Cargo Declaration Form (if there have been changes since entry - Form 5);

- One (1) original Dangerous Goods Declaration Form (if there have been changes since entry - Form 6).

4. Types of documents that the person handling the departure procedures must present:

Present to the Border Guard Port Gate one of the following types of documents:

a) Passport or travel document equivalent to a passport of the crew members on board;

b) Military ID card or Military Service Certificate of the crew members on board.

Article 13. Port Change Procedures

1. Port change procedures for foreign military vessels shall be carried out directly on board the vessel.

2. The port change procedures for vessels heading to another seaport shall be completed at the latest immediately before the vessel leaves the port. For vessels arriving from another seaport, the port change procedures shall be conducted immediately after the vessel arrives in the pilotage area and shall be concluded before the vessel docks.

3. The joint inspection team responsible for handling port change procedures shall consist of representatives from the Border Guard Port Gateways, Customs Port Gateways, and the Maritime Port Authority, with the representative from the Border Guard Port Gateway serving as the team leader.

4. Documents that the person handling the procedures must submit at the departure port

a) Submit to the Border Guard Port Gate:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (Form 4);

- One (1) Program or activity plan;

- Various documents issued by the Border Guard Port Gateway to members of the crew during their stay at the port (if applicable): Shore Pass, Permit.

b) Documents to be submitted to the Maritime Port Authority:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (Form 4).

c) Documents to be submitted to the Customs Port Gateway:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (Form 4);

- One (1) original Vessel Stores Declaration Form (Form 7);

- One (1) original Crew Luggage Declaration Form (Form 8);

- One (1) original Declaration of Goods (if applicable - Form 5).

5. Documents that the person handling the procedures must submit at the arrival port

a) Submit to the Border Guard Port Gateway: The port change file of the Border Guard Port Gateway of the departure port.

b) Submit to the Customs Port Gateway: The port change file of the Customs Port Gateway of the departure port.

c) Submit to the Maritime Port Authority:

- Port departure permit of the Maritime Port Authority of the departure port.

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (Form 4);

- One (1) original Dangerous Goods Declaration Form (if applicable - Form 6).

Section 2

ACTIVITIES OF FOREIGN MILITARY VESSELS VISITING VIETNAM FOR PORT CALLS AND SHORE LEAVE FOR CREW MEMBERS

VISITS AND SHORE LEAVE OF MEMBERS ON BOARD THE VESSEL

Article 14. Activities at Seaports and Military Ports of Foreign Military Vessels Visiting Vietnam for Port Calls

1. Foreign military vessels visiting Vietnam for port calls may only anchor and operate at seaports and military ports that have been authorized; they must comply with the guidance of specialized state management agencies at the port.

2. Military vessels of the same country visiting Vietnam for port calls may only make one (1) visit per year, but no more than three (3) vessels of the same country may be anchored simultaneously at the same port, with a maximum stay of seven (7) days, except in cases where permission is granted by the Government of the Socialist Republic of Vietnam.

Article 15. Shore Leave for Crew Members of Foreign Military Vessels Visiting Vietnam

1. Crew members of foreign military vessels visiting Vietnam for port calls may only leave the vessel for shore after completing entry formalities and arrival port change procedures and must return to the vessel before the specialized state management agencies at the seaport conduct departure formalities and departure port change procedures for the vessel. When going ashore, crew members must comply with instructions and be subject to inspection and supervision by the Border Guard Port Gateway and local police forces. If carrying goods, they must adhere to Vietnamese laws regarding Customs, Health, and Quarantine.

1. Foreign military vessels visiting Vietnam for port calls may only anchor and operate at seaports and military ports that have been authorized; they must comply with the guidance of specialized state management agencies at the port.

2. When going ashore according to the official program of the port call, crew members must travel in groups; they may not carry weapons or support tools; military personnel must wear uniforms; those belonging to other organizations or professions must wear the uniform of their organization or profession.

3. When going ashore for personal purposes (sightseeing, medical treatment, repatriation, traveling with service providers...), crew members may go individually or in groups; they may not carry weapons or support tools; military personnel and non-military personnel belonging to organizations or professions may wear civilian clothes.

4. Crew members going ashore within the province or centrally administered city where the vessel is anchored:

a) Crew members going ashore within the province or centrally administered city where the vessel is anchored do not need to apply for a visa to enter Vietnam;

b) When crew members wish to go ashore, the Group Leader/Captain must submit a request for permission, which must be approved by the Border Guard Port Gateway and issued a Shore Pass. Ashore time is from 07:00 to 24:00 daily;

c) In case crew members wish to stay overnight on shore, the Group Leader/Captain must submit a request for permission, which must be approved by the Border Guard Port Gateway and issued a Permit;

d) The issuance of Shore Passes and Permits for overnight stays on shore shall be carried out in accordance with regulations set by the Ministry of National Defense;

đ) Fees for issuing Shore Passes and Permits for overnight stays on shore shall be implemented in accordance with regulations set by the Ministry of Finance.

5. Crew members going outside the province or centrally administered city where the vessel is anchored:

a) Crew members wishing to go outside the province or centrally administered city where the vessel is anchored must apply for a visa to enter and exit Vietnam (except in cases where they hold passports or documents with equivalent value to passports exempted from visa requirements for entry and exit to Vietnam) and comply with Vietnamese laws regarding entry and exit;

b) In cases of going ashore according to the official program of the port call, crew members are exempt from visa fees (for those not exempted from visa requirements for entry and exit to Vietnam);

c) In cases of going ashore for personal purposes (sightseeing, medical treatment, repatriation, traveling with service providers...), crew members who are not exempted from visa requirements for entry and exit to Vietnam must pay visa fees in accordance with regulations set by the Ministry of Finance.

LICENSE ISSUANCE; INSPECTION AND SUPERVISION; SECURITY AND SAFETY MEASURES FOR ACTIVITIES RELATED TO FOREIGN MILITARY VESSELS WHERE THE VESSEL IS ANCHORED

Section 3

ISSUANCE OF LICENSE; INSPECTION, SUPERVISION; SECURITY AND SAFETY MEASURES FOR

LICENSE ISSUANCE; INSPECTION AND SUPERVISION; SECURITY AND SAFETY MEASURES FOR ACTIVITIES RELATED TO FOREIGN MILITARY VESSELS WHERE THE VESSEL IS ANCHORED

Article 16. Issuance of permits for organizations, individuals, and vessels of Vietnam and foreign countries to carry out activities related to foreign military ships

1. The border guard at the port where the foreign military ship docks shall issue permits to Vietnamese and foreign organizations and individuals as specified in Article 6 of this Decree.

2. The maritime traffic control authority at the port where the foreign military ship docks shall issue permits to vessels docking alongside the foreign military ship as specified in Article 6 of this Decree.

3. Procedures for issuing permits to Vietnamese and foreign organizations, individuals, and vessels to carry out activities related to foreign military ships shall be implemented according to regulations of the Ministry of National Defense and the Ministry of Transport.

Article 17. Inspection, supervision; ensuring security and safety for foreign military ships arriving in Vietnam

Male

1. The border guard at the port is the main force coordinating with relevant forces to ensure security and safety for foreign military ships arriving in Vietnam; inspecting and supervising the activities of foreign military ships, members disembarking from the ship, people and vessels entering and leaving, and activities in the area where the foreign military ship is docked, and vessels docking alongside the foreign military ship.

2. When conducting inspections and supervision, the border guard at the port may apply the following operational measures:

a) Directly monitoring the voyage of foreign military ships arriving in Vietnam from when they anchor in the pilot station until they berth at the port;

b) Checking documents for members disembarking from the ship; Vietnamese and foreign nationals boarding and leaving the ship; vessels docking alongside the ship;

c) Monitoring the port area and waters, directly supervising at the port gate and inspection stations where the foreign military ship is docked;

d) Monitoring using technical means;

đ) Patrol and mobile control;

e) Other operational measures as prescribed by law.

Section 4

PROTOCOL FOR WELCOME AND GUEST SERVICES

Article 18. Welcome protocol

The welcome protocol and guest services for foreign military ships visiting Vietnam shall be carried out according to Vietnam's reception regulations.

Article 19. Main welcoming agency

1. For foreign military ships arriving in Vietnam on an official visit, the Ministry of Foreign Affairs shall take the lead, coordinating with the Ministry of National Defense, relevant ministries and sectors, and the provincial People's Committee where the ship visits to implement the welcome protocol and guest services.

2. For foreign military ships arriving in Vietnam on social or routine visits, the Ministry of National Defense shall take the lead, coordinating with relevant ministries and sectors, and the provincial People's Committee where the ship visits to implement the welcome protocol and guest services.

3. For foreign military ships arriving in Vietnam for other activities within territorial seas and internal waters, the competent ministry shall take the lead, coordinating with relevant ministries and sectors, and the provincial People's Committee where the ship arrives to implement the welcome protocol and guest services according to the agreed program.

Chapter III

FOREIGN MILITARY VESSELS VISITING VIETNAM TO PERFORM VISITS

FOR REPAIRS

Section 1

PROCEDURES FOR PERMIT ISSUANCE; ENTRY AND EXIT PROCEDURES, PORT TRANSFER

Article 20. Permit issuance procedures

1. Prior to a foreign military ship's planned arrival in Vietnam for repairs, the Vietnamese enterprise with the function of receiving and repairing foreign military ships (hereinafter referred to as the ship repair enterprise) must submit an application file to the Ministry of National Defense (General Staff) for permission for the foreign military ship to arrive in Vietnam for repairs.

2. The application file for permit issuance includes:

a) A letter from the ship repair enterprise requesting permission to receive a foreign military ship for repairs in Vietnam;

b) One (1) Form for Foreign Military Ships Arriving in Socialist Republic of Vietnam for Repairs (Form 2);

c) One (1) Repair Plan (or Program).

3. Authority to issue permits:

a) The Ministry of National Defense (General Staff) shall receive the application file for permit issuance and issue permits for foreign military ships to arrive in Vietnam for repairs. In case of refusal to issue a permit, the reasons must be clearly stated;

b) Before issuing a permit, the Ministry of National Defense (General Staff) shall seek opinions from the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Transport, the Ministry of Natural Resources and Environment, relevant ministries and sectors, and the provincial People's Committee where the ship will undergo repairs. If the opinions of these ministries, sectors, and provincial People's Committees are not consistent, the Ministry of National Defense (General Staff) shall report to the Prime Minister for a decision.

4. Time limit for permit issuance:

a) Within thirty (30) days from the date of receipt of a complete and valid application file, the Ministry of National Defense (General Staff) shall issue a written response to the ship repair enterprise regarding the issuance or refusal of a permit for a foreign military ship to arrive in Vietnam for repairs;

b) Within five (5) working days from the date of receipt of the opinion solicitation document regarding the issuance of a permit for a foreign military ship to arrive in Vietnam for repairs, relevant ministries and sectors, and the provincial People's Committee where the ship will arrive must issue a written response to the Ministry of National Defense (General Staff);

c) Within three (3) working days from the date of issuance or refusal of a permit, the Ministry of National Defense (General Staff) shall issue a written notification to relevant ministries and sectors, and the provincial People's Committee where the ship will undergo repairs regarding the issuance or refusal of a permit for a foreign military ship to arrive in Vietnam for repairs.

5. In cases where the content of the issued permit needs to be amended or supplemented, the Ministry of National Defense shall notify the ship repair enterprise that receives the foreign military ship for repairs in writing.

Article 21. Entry Procedures

1. The place, time limit, and entities responsible for implementing entry procedures for foreign military vessels coming to Vietnam for repair shall be carried out in accordance with the provisions of Clause 1 and Clause 2 of Article 11 of this Decree.

2. Types of documents that must be submitted when applying for entry procedures

a) Submit to the Border Guard Port Gate:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (Form 4);

- One (1) original Dangerous Goods Declaration Form (if applicable - Form 6);

- One (1) copy of the repair contract or the principle agreement on repair.

b) Submit to the Maritime Port Authority:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (Form 4);

- One (1) original Dangerous Goods Declaration Form (if applicable - Form 6);

- One (1) copy of the repair contract or the principle agreement on repair.

c) Submit to the Customs Port Gate:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (Form 4);

- One (1) original Vessel Stores Declaration Form (Form 7);

- One (1) original Crew Luggage Declaration Form (Form 8);

- One (1) original Cargo Declaration Form (if applicable - Form 5);

- One (1) original Dangerous Goods Declaration Form (if applicable - Form 6);

- One (1) copy of the repair contract or the principle agreement on repair.

d) Submit to the International Health Quarantine Authority:

- One (1) original Maritime Health Declaration Form (Form 9).

đ) Submit to the Plant Quarantine Authority at the Port Gate:

- One (1) original Plant Quarantine Declaration Form (if applicable - Form 10).

e) Submit to the Animal Quarantine Authority at the Port Gate:

- One (1) original Animal Quarantine Declaration Form (if applicable - Form 11).

3. Types of documents that must be presented when applying for entry procedures

Present to the Border Guard Port Gate one of the following types of documents:

a) Passport or travel document equivalent to a passport of the crew members on board;

b) Military ID card or Military Service Certificate of the crew members on board.

Article 22. Departure Procedures

1. The place, time limit, and entities responsible for implementing departure procedures for foreign military vessels coming to Vietnam for repair shall be carried out in accordance with the provisions of Clause 1 and Clause 2 of Article 12 of this Decree.

2. Types of documents that must be submitted when applying for departure procedures

a) Submit to the Border Guard Port Gate:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (if there have been changes since entry - Form 4);

- One (1) original Dangerous Goods Declaration Form (if there are changes from the time of entry - Model 6);

- Various types of documents issued by the Border Guard at the port for members of the vessel during their stay at the port (if applicable): Shore Pass, Permit, Single-entry Visa, Tourist Visit Permit.

b) Submit to the Maritime Port Authority:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (if there have been changes since entry - Form 4);

- One (1) original Dangerous Goods Declaration Form (if there have been changes since entry - Form 6).

c) Submit to the Customs Port Gate:

- One (1) original General Declaration Form (Form 3);

- One (1) original Crew List (if there have been changes since entry - Form 4);

- One (1) original Cargo Declaration Form (if there are changes from the time of entry - Model 5);

- One (1) original Vessel Stores Declaration Form (if there are changes from the time of entry - Model 9);

- One (1) original Crew Luggage Declaration Form (if there are changes from the time of entry - Model 10);

- One (1) original Dangerous Goods Declaration Form (if there have been changes since entry - Form 6).

3. Types of documents that must be presented when applying for departure procedures.

Present to the Border Guard Port Gate one of the following types of documents:

a) Passport or travel document equivalent to a passport of the crew members on board;

b) Military ID card or Military Service Certificate of the crew members on board.

Article 23. Port Transfer Procedures

Port transfer procedures for foreign military vessels coming to Vietnam for repair shall be carried out in accordance with the provisions of Article 13 of this Decree.

Section 2

ACTIVITIES OF THE VESSEL, MEMBERS ON BOARD THE VESSEL; LICENSE ISSUANCE; INSPECTION, SUPERVISION; SECURITY AND SAFETY AT FOREIGN MILITARY VESSELS' ANCHORAGE

 ACTIVITIES OF FOREIGN MILITARY VESSELS ANCHORING IN VIETNAM

Article 24. Activities of foreign military vessels coming to Vietnam for repair

1. After being granted permission to come to Vietnam for repair, 48 hours before entering Vietnam's territorial waters, the Captain of the foreign military vessel must notify and maintain communication with the Maritime Port Authority where the vessel will arrive.

In case there are changes on board the vessel compared to the information in the Declaration Form, the Captain must inform the Vietnamese company receiving the vessel for repair to coordinate with relevant authorities to resolve the issue before the vessel enters for repair.

2. Foreign military vessels coming to Vietnam for repair may only anchor and repair at shipyards that have been granted permission. At the same time, foreign military vessels of the same country coming to Vietnam for repair may not exceed five (5) vessels at the same shipyard, except in cases where permission is granted by the Government of the Socialist Republic of Vietnam.

3. During the period of arrival, anchorage, and repair, foreign military vessels, members on board, and the repair companies must comply with Vietnamese laws and port regulations, and be subject to guidance, inspection, and supervision by specialized state management agencies at the port.

4. When anchoring for repair, the use of other means of transportation on the vessel for travel and maintenance must be approved by the competent authority of the Ministry of National Defense and the Maritime Port Authority.

5. Any exchange activities and visits to the vessel must be permitted and approved by the Ministry of National Defense.

6. In cases where the foreign military vessel coming to Vietnam for repair or the repair company requires hiring security services during anchorage and repair:

a) The repair company must submit a request to the Ministry of National Defense for permission for a Vietnamese company with the function of providing security services for foreign military vessels (hereinafter referred to as the security company) to provide security services for the vessel, along with one (1) certified copy of the business license of the hired security company, one (1) certified copy of the security service contract, and one (1) original list containing basic information about the staff of the security company performing security duties;

b) Within seven (7) working days from the date of receipt of complete and valid documents, the Ministry of National Defense grants permission for the hired security company to provide security services through the repair company. In case of refusal to grant permission, the Ministry of National Defense sends a letter to the repair company explaining the reasons;

c) The security company can only carry out activities within the scope and content of security services permitted by the Ministry of National Defense. Staff of the security company performing security duties must hold a permit issued by the Border Guard at the port where the foreign military vessel is anchored and repaired, and must be subject to inspection and supervision by the Border Guard force;

d) The Ministry of National Defense specifies the content and scope of security services provided by the security company for foreign military vessels coming to Vietnam for repair.

d) The Ministry of National Defense shall specify the contents and scope of protection provided by security enterprises for foreign military vessels coming to Vietnam for repair.

Article 25. Shore leave for members of foreign military vessels for repair; issuance of permits, inspection, supervision; ensuring security and safety at foreign military vessels arriving in Vietnam for repair.

1. The shore leave for members of foreign military vessels coming to Vietnam for repair at Vietnamese seaports shall be carried out in accordance with Article 15 of this Decree.

2. Issuance of permits; inspection, supervision; ensuring security and safety for foreign military vessels coming to Vietnam for repair shall be carried out in accordance with Articles 16 and 17 of this Decree.

Chapter IV

FOREIGN MILITARY VESSELS VISITING VIETNAM TO PERFORM VISITS

NAM THỰC HIỆN CÁC HOẠT ĐỘNG KHÁC TẠI LÃNH HẢI, NỘI THỦY VÀ CẢNG BIỂN ||| Article 26. Procedures for issuing permits

1. The procedures for issuing permits for foreign military vessels coming to Vietnam to carry out other activities in territorial waters, internal waters, and seaports of the Socialist Republic of Vietnam shall be implemented in accordance with Clause 2, Article 10 of this Decree.

2. For foreign military vessels coming to Vietnam to carry out other activities in territorial waters outside the port water area, in the approval document, the Ministry of National Defense shall clearly specify the province or centrally governed city where entry and exit formalities for the vessel and its crew members will be handled, and resolve issues related to local authorities during the period the vessel operates in Vietnam.

Article 27. Activities of foreign military vessels coming to Vietnam

To carry out other activities

1. Foreign military vessels entering Vietnam's territorial waters, internal waters, and seaports may only carry out activities agreed upon and unified between relevant ministries, sectors, and localities of Vietnam and the country owning the vessel within the scope of operations permitted by the Ministry of National Defense.

2. Foreign military vessels coming to Vietnam to carry out other activities in territorial waters outside the port water area must obtain permission and be approved by the Ministry of National Defense if they need to move beyond the permitted operational area.

In case of urgent movement due to force majeure or to rescue people, ships, or aircraft in distress, the vessel must immediately report to the Ministry of National Defense, the competent ministry or sector, and the provincial People's Committee after safely anchoring.

Article 28. Entry, exit, and port change procedures

1. For foreign military vessels coming to Vietnam to carry out other activities in port waters or military ports under the management of a province or centrally governed city, the entry, exit, and port change procedures shall be carried out in accordance with the provisions on entry, exit, and port change procedures set forth in Articles 11, 12, and 13 of this Decree.

2. For foreign military vessels coming to Vietnam to carry out other activities in territorial waters outside the port water area, the entry and exit procedures are defined as follows:

a) The location for handling entry and exit formalities for the vessel and its crew members is the maritime port authority office specified in the approval document of the Ministry of National Defense.

b) The time limit for handling entry and exit formalities for the vessel and its crew members ends when the person handling the formalities submits all required documents to the specialized state management agencies at the seaport specified in the approval document of the Ministry of National Defense.

3. Types of documents (fax copies or photocopies) that the person handling the formalities must submit for entry and exit procedures

a) Documents to be submitted for entry formalities:

- Submit to the Border Guard Port Gate: 01 (one) General Declaration Form (Form 3); 01 (one) Crew List (Form 4); 01 (one) Program or Activity Plan;

- Submit to the Maritime Port Authority: 01 (one) General Declaration Form (Form 3); 01 (one) Crew List (Form 4);

- Submit to the Customs Port Gate: 01 (one) General Declaration Form (Form 3); 01 (one) Crew List (Form 4);

- Submit to the International Health Quarantine Agency: 01 (one) Maritime Health Declaration Form (Form 9);

- Submit to the Plant Quarantine Agency at the Port Gate: 01 (one) Plant Quarantine Declaration Form (if applicable - Form 10);

- Submit to the Animal Quarantine Agency at the Port Gate: 01 (one) Animal Quarantine Declaration Form (if applicable - Form 11).

b) Documents to be submitted for exit formalities:

- Submit to the Border Guard Port Gate: 01 (one) General Declaration Form (Form 3); 01 (one) Crew List (if there are changes from the time of entry - Form 4);

- Submit to the Maritime Port Authority: 01 (one) General Declaration Form (Form 3); 01 (one) Crew List (if there are changes from the time of entry - Form 4);

- Submit to the Customs Port Gate: 01 (one) General Declaration Form (Form 3); 01 (one) Crew List (if there are changes from the time of entry - Form 4).

- Submit to the Customs at the port gate: 01 (one) General Declaration Form (Form 3); 01 (one) Crew List (if there are changes from the time of entry - Form 4).

Article 29. Issuance of Permits

The issuance of permits for organizations, individuals, and foreign vessels involved in activities related to foreign military ships coming to Vietnam to carry out other activities in territorial waters, internal waters, and Vietnamese seaports shall be carried out in accordance with Article 16 of this Decree.

Article 30. Inspection and Supervision

1. In the seaport waters under the management of a province or centrally governed city:

a) The Border Guard Force shall be the leading force, coordinating with functional forces to ensure security and safety in the port area where foreign military ships are anchored; inspecting and supervising the activities of foreign military ships, members disembarking from the ship, people and vehicles entering and exiting the area where the foreign military ship is anchored, people boarding and leaving the ship, and vehicles alongside the foreign military ship;

b) When conducting inspections and supervision, the Border Guard Force may apply the following measures:

- Inspecting documents for members disembarking from the ship, Vietnamese and foreign nationals boarding and leaving the ship, and vehicles alongside the ship;

- Monitoring the area where the foreign military ship is anchored;

- Other measures prescribed in Points d, đ, e, Clause 2, Article 17 of this Decree.

2. In territorial waters and internal waters outside seaport waters:

a) The Ministry of National Defense shall stipulate the leading force, coordinating with functional forces to ensure security and safety in the area where the foreign military ship is anchored; inspecting and supervising the activities of foreign military ships, members on board, and people and vehicles involved in related activities;

b) The inspection and supervision forces may apply the inspection and supervision measures prescribed in Clause 2, Article 17 of this Decree.

Article 31. Disembarkation of Members on Board Foreign Military Ships

1. Regulations regarding disembarkation of members on board foreign military ships coming to Vietnam to carry out other activities shall be implemented in accordance with Article 15 of this Decree.

2. In cases where the ship is anchored and operating in territorial waters and internal waters outside seaport waters, the person handling the procedures must enter into a written contract with a Vietnamese enterprise having the relevant functions to transport members from the ship to shore and vice versa. The authority and procedures for issuing permits for transportation vehicles shall be carried out in accordance with Article 16 of this Decree.

Chapter V

STATE MANAGEMENT OF FOREIGN MILITARY SHIPS COMING TO VIETNAM

FOREIGN VESSELS ARRIVING IN VIETNAM

Article 32. Contents of State Management over Foreign Military Ships Coming to Vietnam

Male

1. Drafting and promulgating legal normative documents concerning foreign military ships coming to Vietnam.

2. Receiving information, agreeing, and unifying the content and program of activities of foreign military ships coming to Vietnam with the country owning the military ship; organizing reception according to reception protocol and hospitality activities.

3. Granting permission, refusing permission, or amending and supplementing the content already granted for foreign military ships coming to Vietnam.

4. Managing and controlling entry, exit, port changes, movement, and other activities of the ship and members on board foreign military ships coming to Vietnam; ensuring security and safety for foreign military ships coming to Vietnam; inspecting and supervising activities related to foreign military ships coming to Vietnam.

5. Handling violations of foreign military ships in accordance with Vietnamese laws and international treaties to which Vietnam is a party.

Article 33. State Management Responsibility for Foreign Military Ships Arriving in Vietnam

Male

1. The Government shall uniformly manage state affairs concerning foreign military ships arriving in Vietnam.

2. The Ministry of National Defense shall be responsible before the Government for implementing state management over foreign military ships arriving in Vietnam.

Article 34. Responsibilities of the Ministry of Foreign Affairs

1. Announce the invitation from the Socialist Republic of Vietnam to the country whose military ship is scheduled to make an official visit to Vietnam.

2. Receive information, conduct negotiations, unify the content and program of the visit with the country whose military ship is scheduled to make an official visit, and submit to the Government for decision on welcoming foreign military ships making official visits.

3. Take the lead and coordinate with the Ministry of National Defense, relevant ministries, sectors, and provincial people's committees to welcome delegations from foreign military ships making official visits according to diplomatic protocol.

Article 35. Responsibilities of the Ministry of National Defense

1. Issue regulations within its authority or take the lead and coordinate with the Ministry of Foreign Affairs and relevant ministries, sectors to submit to the competent authority for issuance of normative legal documents regarding foreign military ships arriving in Vietnam. Receive information, unify the content and program of the visit with the country whose military ship is scheduled to make a courtesy visit or routine visit.

2. Take the lead and coordinate with relevant ministries, sectors, and provincial people's committees to organize welcoming ceremonies according to reception protocols for foreign military ships making courtesy visits or routine visits.

3. Take the lead and coordinate with relevant ministries, sectors, and provincial people's committees to manage foreign military ships and their crew members during their stay in Vietnam.

4. Direct subordinate agencies and units to take the lead and coordinate with functional forces in ensuring security and safety for foreign military ships arriving in Vietnam; inspect and supervise the activities of foreign military ships, their crew members, and related activities.

Article 36. Responsibilities of the Ministry of Public Security

1. Provide opinions on granting permits for foreign military ships to arrive in Vietnam at the request of the Ministry of Foreign Affairs and the Ministry of National Defense.

2. Direct subordinate agencies and units, provincial public security organs under the central government to coordinate with functional forces in ensuring security and order in localities where foreign military ships are moored; direct the Entry and Exit Management Authority to consider and issue visas for crew members of foreign military ships arriving in Vietnam to travel outside the province or centrally-administered city where the ship is moored, in accordance with Vietnamese laws on entry and exit.

Article 37. Responsibilities of the Ministry of Transport and Relevant Ministries and Sectors

1. Provide opinions on granting permits for foreign military ships to arrive in Vietnam at the request of the Ministry of Foreign Affairs and the Ministry of National Defense.

2. Take the lead and coordinate with the Ministry of National Defense in welcoming foreign military ships visiting Vietnam when the purpose of the visit is related to the industry or sector under its responsibility.

Article 38. Responsibilities of Provincial People's Committees

1. Provide opinions on granting permits for foreign military ships to arrive in Vietnam at the request of the Ministry of Foreign Affairs and the Ministry of National Defense.

2. Coordinate with the Ministry of Foreign Affairs, the Ministry of National Defense, and relevant ministries and sectors in activities to welcome foreign military ships conducting visits at local levels.

Chapter VI

IMPLEMENTING PROVISIONS

Article 39. Effective date

1. This Decree takes effect from January 20, 2013, and replaces Decree No. 55/CP dated October 1, 1996, of the Government on the activities of foreign military ships entering Vietnam for visits.

2. This Decree is accompanied by an Appendix containing 12 forms for declarations by foreign military ships arriving in the Socialist Republic of Vietnam.

Article 40. Guidance on Implementation

The Ministry of National Defense and the Ministry of Foreign Affairs shall establish guiding documents and detailed regulations based on the provisions of this Decree within their respective authorities.

Article 41. Responsibility for Implementation

The ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.