Circular No. 11/2004/TT-BGTVT guiding the implementation of Decree No. 160/2003/NĐ-CP dated December 18, 2003 of the Government on managing maritime activities at seaports and maritime areas of Vietnam.

CIRCULAR

Guidelines for Implementing Decree No. 160/2003/NĐ-CP dated December 18, 2003 of the Government on Managing Maritime Activities at Seaports and Maritime Zones in Vietnam  of the Government on managing maritime activities at seaports and maritime zones in Vietnam

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Clause 1, Article 57 of Decree No. 160/2003/NĐ-CP dated December 18, 2003 of the Government on Managing Maritime Activities at Seaports and Maritime Zones in Vietnam (hereinafter referred to as the Decree);  and maritime zones in Vietnam (hereinafter referred to as the Decree);

The Minister of Transport provides detailed guidelines for uniform implementation of certain provisions of the Decree, specifically  as follows:

1. - Office of the President of the StateArticle 11, Clause 1, Point a of the Decree stipulates regarding the "Application for Permission to Enter Port."

The shipowner or the shipowner's agent when applying for permission for ships to enter port may use the "General Declaration" prescribed in Appendix 1 of the Decree if they do not prepare a separate document, and must additionally note in the remarks section: "For permission to enter port."

2. - Office of the President of the StateArticle 12, Clause 3 of the Decree stipulates that ships transporting goods or passengers which have entered the port within a period not exceeding twelve months from the date of departure from a Vietnamese port Male last time shall be exempted from applying for permission to enter the port.

"The date of the ship's last departure from a Vietnamese port" means the day before the ship entered a Vietnamese port to load or unload cargo, embark or disembark passengers, or perform other maritime services, excluding entry into the port due to urgent reasons  as provided for in Clause 4  Article 12 of the Decree.

3. Article 13 Clause 3 Article 17, Clause 2, Point d

of the Decree Male approval.

4.  - Office of the President of the Statestipulates: "In particular, ships with a tonnage of 200 DWT or less flying the flag of a country sharing a border with Vietnam when entering seaports located in the border area of Vietnam with that country, shall be exempted from or granted reduced documentation as specified in this clause according to the regulations of the Minister of Transport." This provision is implemented as follows  Ships with a tonnage of 200 DWT or less flying the flag of China when entering seaports at Van Già - Mong Cai (Quảng Ninh) or ships flying the flag of Cambodia when entering seaports in Dong Thap and Ha Tien (Kien Giang) must submit and present the following documents:

This regulation shall be implemented as follows:  as follows:                                         

Documents to be submitted:  01 General Declaration (to be submitted to the Marine Port Control Office);

 01 Crew List (to be submitted to the Marine Port Control Office);

01 Passenger List, if applicable (to be submitted to the Border Guard);

01 Cargo Declaration, if applicable (to be submitted to the Customs Office);

01 Passenger Luggage Declaration, if applicable (to be submitted to the Customs Office).

One cargo declaration form, if applicable (to be submitted to the customs office);

Documents to be presented:

Certificate of Ship Registration;

Certificate of Technical Safety or Technical Safety Logbook of the ship (to be presented to the Marine Port Control Office);

Professional Certificates of the Master and Chief Engineer for ships with a tonnage of 50 DWT to 200 DWT or main engine power over 200 HP (to be presented to the Marine Port Control Office). For ships

with a tonnage under 50 DWT, presentation of professional certificates of the Master and Chief Engineer is exempted.  Seaman’s Passport or Identity Card of the crew and passengers in accordance with Vietnamese law

or Agreements signed between the Government of Vietnam Male and the Government of China or the Government of Cambodia (to be presented to the Border Guard); Male Relevant documents related to cargo carried on the ship and luggage of the crew and passengers, if applicable (to be presented to the Customs Office).

Relevant documents related to goods carried on vessels and crew members' luggage, passengers' baggage, if applicable (to be presented to the customs office).

5. - Office of the President of the StateArticle 20, Clause 1 of the Decree stipulates the deadline for processing entry and exit formalities for ships at offshore oil ports.

This deadline is understood to end from the moment the ship's agent submits all required documents to the relevant state management agencies at the Marine Port Control Office.

6. - Office of the President of the StateArticle 25 Clause 4 as specified in this clause according to the regulations of the Minister of Transport." Article 25, Clause 4

stipulates: "It is strictly prohibited for persons on board the ship to transact with anyone other than pilots and public servants performing procedures on board the ship before the ship completes its entry formalities into the port or after it has completed its exit formalities and departed from the port."  as follows:

This provision is understood to be implemented as

Persons on board the ship include crew members and those authorized by the shipowner to represent them in handling ship entry and exit formalities - the shipowner's agent.  For ships handling entry formalities:  

The Marine Port Control Office coordinates with relevant state management agencies to facilitate the ship's agent's access to the ship to collect necessary documents from the moment the ship arrives at the pilot station until the documents are taken back to the Marine Port Control Office for processing in accordance with regulations.

7. - Office of the President of the StateFor passenger ships and regular route ships handling exit formalities as stipulated in Article 19, Clause 2, Point b of the Decree, the latest being immediately before the ship departs from the port. This provision is understood to mean that the shipowner or the shipowner's agent can complete the formalities immediately before the ship departs, without needing to do so two hours in advance. Article 22, Clause 1, Point a

of the Decree stipulates regarding the "Application for Permission to Transit."

8.  Article The shipowner or the shipowner's agent when applying for permission for ships to transit may use the "General Declaration" prescribed in Appendix 1 accompanying the Decree and must additionally note in the remarks section: "For permission to transit." Article 29, Clause 5  as follows:

of the Decree is implemented as follows: 

9. - Office of the President of the StateAll valves and equipment on the ship from which hazardous substances could escape must be closed, put in a non-operational state, sealed with lead seals, and marked with warning signs. Article 48, Clause 2, Point a

of the Decree is implemented as follows:

10. Article 1All valves and equipment on the ship from which hazardous substances could escape must be closed, put in a non-operational state, sealed with lead seals, and marked with warning signs. Article 50

11. of the Decree stipulates the specialized state management agencies at seaports. These are the Marine Port Control Office, the Border Guard, Customs, Health Quarantine, Animal Quarantine, and Plant Quarantine. MaleThe Maritime Port Office shall issue to vessels the relevant documents according to the models prescribed in Appendix 05 attached to this Circular, depending on specific circumstances.  Add

Appendix 1:   Permit for foreign ships to enter port (as stipulated in Article 11 and Article   12 of the Decree)

Specifications for rescue and emergency response command bands   Departure permit (as stipulated in Article 21 of the Decree)

Technical requirements and testing methods for 1-Butanol   Transit permit (as stipulated in Article 22 of the Decree)

Appendix 4:   Dispatch order (as stipulated in Article 24 of the Decree)

Appendix 5:   Permit for repair, engine test, or horn test (as stipulated in Article 39 of   the Decree).

12. Implementation Provisions

a. This Circular  shall take effect fifteen days from the date of publication in the Official Gazette.

b. Ministries, sectors, provincial people's committees under the central government, Departments, Bureaus  under Ministries, the Vietnam Maritime Administration, and related organizations and individuals are responsible for implementing this Circular.  Add

In the course of implementation, if there are any difficulties, organizations and individuals are requested to report to the Ministry of Transport for timely consideration and resolution./.