Joint Circular No. 15/2015/TTLT-BGTVT-BQP-BCA-BNG stipulates on granting permits to vessels and accompanying forces of foreign countries for search and rescue operations in Vietnam.

JOINT CIRCULAR

Regulations on granting permits to vessels and accompanying forces from foreign countries for search and rescue operations in Vietnam

Regarding the issuance of permits for vessels and accompanying forces from foreign countries entering Vietnam for search and rescue operations

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Pursuant to Decree No. 95/2010/NĐ-CP dated September 16, 2010 of the Government on the issuance of permits and coordination with foreign search and rescue forces in Vietnam (hereinafter referred to as Decree No. 95/2010/NĐ-CP);

Based on Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 58/2013/NĐ-CP dated June 11, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

The Minister of Transport, the Minister of National Defense, the Minister of Public Security, and the Minister of Foreign Affairs issue this Joint Circular regulating the issuance of permits for vessels and accompanying forces from foreign countries entering Vietnam for search and rescue operations.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular regulates the procedures for issuing permits for vessels and accompanying forces from foreign countries (hereinafter collectively referred to as foreign forces and vessels) entering Vietnam for search and rescue operations or within the search and rescue area managed by Vietnam.

Article 2. Applicability

1. This Joint Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the issuance of permits for vessels and accompanying forces from foreign countries entering Vietnam for search and rescue operations or within the search and rescue area managed by Vietnam.

2. The foreign forces and vessels granted permits under this Joint Circular do not include those specified in Clause 3, Article 9 of Decree No. 95/2010/NĐ-CP.

Chapter II

PROCEDURES FOR GRANTING PERMITS

Article 3. Application, receipt of information, and reporting on the proposal to bring foreign forces and vessels into Vietnam for search and rescue operations

1. When an emergency situation as stipulated in Clause 2, Article 4 of Decree No. 95/2010/NĐ-CP occurs, relevant ministries, sectors, provincial people's committees directly under the central government shall immediately report proposals to the National Committee for Search and Rescue regarding the request for foreign forces and vessels to enter Vietnam for search and rescue operations, or report on the proposals of international organizations requesting to bring forces and vessels into Vietnam for search and rescue operations, so that the National Committee for Search and Rescue can report to the Prime Minister and convey the instructions of the Prime Minister to the Ministry of Foreign Affairs, relevant ministries, sectors, and localities for coordinated implementation.

2. The Ministry of Foreign Affairs shall notify the country or international organization about Vietnam's proposal for them to enter Vietnam for search and rescue operations; and inform whether it accepts or rejects the proposal of the country or international organization to enter Vietnam for search and rescue operations.

3. Content of the report submitted to the National Committee for Search and Rescue

a) Emergency situation: Disaster caused by natural calamities or accidents occurring on the territory of the Socialist Republic of Vietnam or within the search and rescue area managed by Vietnam;

b) Objectives requiring search and rescue (persons, vessels);

c) Name of the country or international organization;

d) Types of vessels and number of vessels and accompanying forces expected to participate in search and rescue operations;

e) Scope of space and time for search and rescue operations.

4. Form of the report submitted to the National Committee for Search and Rescue

a) In writing or by fax, email;

b) By telephone: In urgent cases, the head of the agency proposing the application may discuss the matter by phone with the leadership of the National Committee for Search and Rescue regarding the entry of vessels and accompanying forces into Vietnam for search and rescue operations, and subsequently must complete the written report.

In cases where it is not possible to collect all ten fingerprints of the citizen, describe and enter information about the uncollectable fingerprints.

1. The Consular Department (Ministry of Foreign Affairs) is the lead agency responsible for sending formal applications from Vietnam and receiving applications from countries and international organizations for search and rescue operations in Vietnam.

2. In cases where the competent authorities for issuing permits under this Circular directly receive permit application files from countries or international organizations, the competent authority for issuing permits shall be responsible for sending one copy of the application file to the Consular Department (Ministry of Foreign Affairs) for comments.

3. Countries and international organizations invited by the Vietnamese government or responsible search and rescue organizations of Vietnam, or those who have proposed to enter Vietnam for search and rescue operations, shall send one set of copies of the application file (directly or through postal service, fax, email) to the Consular Department (Ministry of Foreign Affairs) or through Vietnamese representative offices abroad or foreign representative offices in Vietnam to forward to the Consular Department (Ministry of Foreign Affairs).

4. The Consular Department (Ministry of Foreign Affairs) shall receive the application file and transfer it entirely to the competent authority for issuing permits along with the comments of the Ministry of Foreign Affairs on the diplomatic aspect.

5. The Consular Department (Ministry of Foreign Affairs) shall be responsible for notifying countries and international organizations (directly or via fax, email) or posting on the Ministry of Foreign Affairs' website the necessary procedures and documents for obtaining permits for vessels and accompanying forces to enter Vietnam for search and rescue operations.

6. Documents in the application file as prescribed in Clauses 1, 2, and 3 of Article 5 of this Joint Circular must be prepared in English. In cases where these documents are not prepared in English, they must be accompanied by an English translation and exempted from consular legalization procedures.

Article 5. Application for Permit Documents

Components and quantity of application documents: 01 set, specifically:

1. Application documents for granting permits to seagoing vessels, inland waterway vessels, railway transportation vehicles, road transportation vehicles, military ships, and accompanying forces, including:

a) Application form for obtaining the permit according to Model No. 1 attached to this Joint Circular;

b) Vehicle registration certificate (not applicable to railway transportation vehicles);

c) Certificate of technical safety inspection and environmental protection or equivalent documents still within their validity period;

d) Driver of the vehicle: Requirement to provide driving license corresponding to the type of vehicle issued by the competent authority or equivalent documents still within their validity period;

đ) List of accompanying forces participating in search and rescue operations must include information on: Full name; nationality; date of birth; passport number or substitute documents still valid;

e) Spare parts and equipment accompanying the vehicle for search and rescue operations, including:

- List of spare parts (if any);

- List of types and quantities of equipment for search and rescue operations;

g) In cases where the documents specified in Clause 1 of this Article are not prepared in English, they must be accompanied by an English translation. The original documents must be presented when entering the country.

2. Application documents for granting permits to military aircraft, unmanned aerial vehicles, and accompanying forces, including:

a) Application form for obtaining the permit according to Model No. 2 attached to this Joint Circular;

b) List of accompanying forces participating in search and rescue operations must include information on: Full name; nationality; date of birth; passport number or substitute documents still valid;

c) Spare parts and equipment accompanying the vehicle for search and rescue operations, including:

- List of spare parts (if any);

- List of types and quantities of equipment for search and rescue operations;

d) In cases where the documents specified in Clause 2 of this Article are not prepared in English, they must be accompanied by an English translation. The original documents must be presented when entering the country.

3. Application documents for granting permits to civil aircraft and accompanying forces, including:

a) Application form for obtaining the permit according to Model No. 3 attached to this Joint Circular;

b) List of accompanying forces participating in search and rescue operations must include information on: Full name; nationality; date of birth; passport number or substitute documents still valid;

c) Spare parts and equipment accompanying the vehicle for search and rescue operations, including:

 - List of spare parts (if any);

- List of types and quantities of equipment for search and rescue operations;

d) In cases where the documents specified in Clause 3 of this Article are not prepared in English, they must be accompanied by an English translation. The original documents must be presented when entering the country.

Article 6. Issuing Authority for Vehicles and Accompanying Forces

1. The Ministry of Transport delegates the issuance of permits to specialized agencies assisting the Minister in state management (except for cases stipulated in point c, Clause 2 of this Article), specifically as follows:

a) Vietnam Maritime Administration issues permits for vehicles and accompanying forces conducting search and rescue operations at sea and in port waters according to Model No. 4 attached to this Joint Circular;

b) Vietnam Inland Waterways Administration issues permits for inland waterway vessels and accompanying forces conducting search and rescue operations according to Model No. 5 attached to this Joint Circular;

c) Vietnam Railway Corporation issues permits for railway vehicles and accompanying forces conducting search and rescue operations according to Model No. 6 attached to this Joint Circular;

d) Vietnam Highway Corporation issues permits for road vehicles and accompanying forces conducting search and rescue operations according to Model No. 7 attached to this Joint Circular;

đ) Vietnam Civil Aviation Administration issues permits for flights and accompanying forces conducting search and rescue and relief operations in Vietnam according to Model No. 8 attached to this Joint Circular.

The issuance of flight permits for flights conducting search and rescue operations taking off, landing, or flying over Vietnam (excluding flights already permitted under this Circular) shall be carried out in accordance with the provisions of Decree No. 94/2007/ND-CP dated June 4, 2007 of the Government on the management of flight activities and Circular No. 62/2011/TT-BGTVT dated December 21, 2011 of the Minister of the Ministry of Transport on the issuance of flight permits for civil aviation flights operating in Vietnam.

Any referenced documents in this Joint Circular, if amended, supplemented, or replaced, shall be applied according to the amended, supplemented, or replacing document.

2. The Ministry of National Defense delegates the Combat Operations Department to issue permits in the following cases:

a) Issuance of permits for military ships and accompanying forces conducting search and rescue operations in Vietnam according to Model No. 4 attached to this Joint Circular;

b) Issuance of permits for military aircraft, unmanned aerial vehicles, and accompanying forces conducting search and rescue operations in Vietnam according to Model No. 9 attached to this Joint Circular;

c) Issuance of permits for vehicles and accompanying forces conducting search and rescue operations from foreign countries entering restricted areas at sea; aircraft landing, taking off at military airports, flying into restricted airspace, dangerous areas according to Models No. 4, 5, 6, 7, 8 attached to this Joint Circular.

3. The issuing authority is responsible for providing telephone numbers, fax numbers, and contact addresses in Vietnam for relevant parties to contact when necessary.

Article 7. Procedures for issuing permits and validity period of permits

1. Issuing authority of the Ministry of Transport

a) The issuing authority under the Ministry of Transport, within 24 hours from the date of receipt of the application file in accordance with regulations from the Consular Department (Ministry of Foreign Affairs), must promptly request opinions from the Operations Department (Ministry of National Defense) and the Exit and Entry Administration (Ministry of Public Security). In cases where the application file is incomplete according to regulations, the competent authority issuing the permit shall promptly notify the foreign state or organization to complete the file.

b) The Operations Department (Ministry of National Defense) and the Exit and Entry Administration (Ministry of Public Security), within 24 hours from the date of receipt of the complete file and the request for opinion, must provide a written response regarding agreement or disagreement on issuing the permit. In case of disagreement, the reasons must be clearly stated.

The Operations Department (Ministry of National Defense) is responsible for reviewing and providing opinions on issuing permits in accordance with Clause 2, Article 17 of Decree No. 95/2010/NĐ-CP, as requested by the authorized issuing authority in accordance with Clause 1, Article 6 of this Joint Circular.

The Exit and Entry Administration (Ministry of Public Security) is responsible for reviewing and providing opinions on issuing permits and implementing tasks in accordance with Clause 1 and Clause 3, Article 20 of Decree No. 95/2010/NĐ-CP.

c) Immediately upon receiving the opinions of the Operations Department (Ministry of National Defense) and the Exit and Entry Administration (Ministry of Public Security), the competent authority issuing the permit shall proceed to issue the permit in accordance with regulations.

2. Issuing authority of the Ministry of National Defense

a) The issuing authority under the Ministry of National Defense, within 24 hours from the date of receipt of the application file in accordance with regulations from the Consular Department (Ministry of Foreign Affairs) and the directive of the National Committee for Search and Rescue, must review and assess simultaneously while requesting opinions from the Rescue and Salvage Department (Ministry of National Defense), the Civil Aviation Authority of Vietnam or the Vietnam Maritime Administration (Ministry of Transport), the Border Guard Command (Ministry of National Defense), the Exit and Entry Administration (Ministry of Public Security), and other relevant departments and units under the Ministry of National Defense.

In cases where the application file is incomplete according to regulations, the competent authority issuing the permit shall promptly notify the foreign state or organization to complete the file.

b) Departments and units asked for opinions must provide a written response within 24 hours from the date of receipt of the complete file and the request for opinion on issuing the permit. In case of disagreement, the reasons must be clearly stated.

c) Immediately upon receiving the responses from the relevant departments and units, the Operations Department (Ministry of National Defense) shall conduct an assessment and process the issuance of the permit in accordance with regulations. Depending on the conditions, nature, and foreign forces and equipment participating in search and rescue operations, the Operations Department (Ministry of National Defense) will specify specific tasks for departments and units in the permit.

3. Notification of Permit Issuance

The competent authority issuing the permit must send the following when issuing the permit:

a) Two copies to the Consular Department (Ministry of Foreign Affairs) to notify the international organizations with forces and equipment participating in search and rescue operations in Vietnam about the decision to issue the permit; one copy to the Exit and Entry Administration (Ministry of Public Security) along with a list of personnel accompanying the equipment participating in search and rescue operations for entry visa issuance;

b) In cases where the permit is not issued, the competent authority issuing the permit must provide a written statement of reasons to the Consular Department (Ministry of Foreign Affairs) to notify the foreign state or organization, the National Committee for Search and Rescue, and related ministries, sectors, agencies, and units;

c) Method of notification: By fax, email, or written document.

4. Validity Period of the Permit

Based on the permit issuance request and the actual needs of search and rescue operations, the competent authority issuing the permit shall decide the validity period of the permit, but it shall not exceed 30 days from the date of issuance.

Article 8. Extension of Permit Duration

1. Eligible for extension: The vessel and accompanying forces may be extended if there is one of the following reasons:

a) Search and rescue operations have not been completed;

b) At the request of the competent authority responsible for search and rescue work in Vietnam;

c) Due to force majeure conditions such as natural disasters, accidents, vessel malfunctions, and confirmed by the competent authority issuing the permit in Vietnam.

2. Maximum duration of permit extension shall not exceed thirty days.

Before the validity period recorded in the permit expires, the state or international organization must submit an application for extension to the Consular Department (Ministry of Foreign Affairs) to request an extension of the search and rescue duration in Vietnam.

3. The application for extension includes: A document clearly stating the reason for requesting an extension, the requested extension period, accompanied by a list of vessels, accompanying forces, and supplies, equipment for search and rescue operations (if applicable). In urgent cases, notification can be made in advance via fax, email, or other available communication devices.

4. The competent authority issuing the permit has the responsibility to review the application within twenty-four hours from receipt of the complete extension application from the Consular Department (Ministry of Foreign Affairs), and simultaneously seek opinions from relevant agencies and units. When issuing an extension permit, it must notify in writing the National Committee for Search and Rescue, related Ministries, sectors, and localities. In case of refusal to extend, the issuing authority must respond in writing and specify the reason.

Article 9. Termination of Permit Effectiveness

1. The competent authority issuing the permit has the right to terminate the effectiveness of the permit issued to foreign vessels and accompanying forces participating in search and rescue operations in one of the following situations:

a) The state or international organization has completed the search and rescue mission;

b) The foreign vessel and accompanying forces violate or fail to comply with the provisions in the permit;

c) There are actions that violate national security, defense, and public order and safety.

2. The form of terminating the permit's effectiveness follows Model Nos. 10 and 11 attached to this Circular.

3. Upon termination of the permit's effectiveness, the authority terminating the permit's effectiveness must notify:

a) The Consular Department (Ministry of Foreign Affairs) two copies to inform the state or international organization with forces and vessels participating in search and rescue operations in Vietnam;

b) The National Committee for Search and Rescue, related Ministries, sectors, and localities to be aware and coordinate with relevant agencies (Immigration Management Department - Ministry of Public Security, Border Guard Command - Ministry of National Defense) to implement departure procedures according to regulations for foreign vessels and accompanying forces to depart.

Article 10. Conclusion of Search and Rescue Operations

1. After the competent authority announces the conclusion of search and rescue operations or temporarily suspends search and rescue operations, within three working days, the competent authority issuing the permit will coordinate with relevant agencies (Immigration Management Department - Ministry of Public Security, Border Guard Command - Ministry of National Defense) to implement departure procedures according to regulations for foreign vessels and accompanying forces to depart.

2. In cases where, after concluding search and rescue operations or temporarily suspending search and rescue operations, foreign vessels and accompanying forces must remain in Vietnam as stipulated in Point c Clause 1 of Article 8 of this Circular, the issuing authority is responsible for guiding the state or international organization participating in search and rescue operations in Vietnam on departure and entry procedures and other necessary procedures (if any) according to regulations.

Chapter III

RESPONSIBILITIES OF MINISTRIES, SECTORS AND PEOPLE'S COMMITTEES OF PROVINCES AND MUNICIPALITIES UNDER THE CENTRAL GOVERNMENT

CITIZENS OF THE PROVINCES AND CENTRALLY-GOVERNED CITIES

Article 11. Ministry of Transport

1. Report to the National Committee for Search and Rescue on serious accident situations within the transport sector to advise the Prime Minister on decisions regarding permission for foreign vessels and accompanying forces to enter Vietnam for search and rescue operations in accordance with the law.

2. Direct the agencies under the Ministry in issuing permits for foreign vessels and accompanying forces to enter Vietnam for search and rescue operations.

3. Report to the National Committee for Search and Rescue on the coordination work of search and rescue activities with foreign forces and vessels.

4. Agencies under the Ministry of Transport

a) Implement permit issuance in accordance with this Circular;

b) Develop and implement plans to combine the use of their own forces and vessels with those of foreign forces and vessels during search and rescue operations.

5. Issue permits for railway transportation vehicles

a) Vietnam Railway Administration:

When issuing a permit for search and rescue vehicles, notify the Vietnam Vehicle Inspection Agency about the technical documents of the permitted vehicle, the time and location where the railway vehicle is expected to arrive at the border gate so that the Vietnam Vehicle Inspection Agency can conduct safety condition checks.

b) Vietnam Vehicle Inspection Agency:

Upon receiving notification from the Vietnam Railway Administration, it shall be responsible for arranging personnel and equipment to immediately carry out inspections to confirm that the search and rescue vehicle meets the conditions to participate in railway traffic in Vietnam.

c) Vietnam Railway Emergency Response Center for Natural Disasters and Search and Rescue:

Upon receiving notification from the Vietnam Railway Administration, the Vietnam Railway Emergency Response Center for Natural Disasters and Search and Rescue shall be responsible for: Arranging locomotives, train captains, and staff at the border gate to organize the movement of foreign search and rescue vehicles to the search and rescue site (after the Vietnam Vehicle Inspection Agency has completed all procedures confirming the search and rescue vehicle's eligibility to participate in railway traffic in Vietnam) and vice versa to move the foreign search and rescue vehicle out of the country when the competent authority declares the end of search and rescue operations in Vietnam; arranging forces to coordinate with international organizations throughout the movement on railways and during search and rescue operations in Vietnam.

Article 12. Ministry of National Defense

1. Take the lead and coordinate with relevant ministries and sectors to ensure national security and defense when foreign forces and vessels participate in search and rescue operations in Vietnam.

2. Coordinate with the Ministry of Transport, the Ministry of Foreign Affairs, and the Ministry of Public Security in issuing permits for foreign vessels and accompanying forces to enter Vietnam for search and rescue operations.

3. Direct the Combat Operations Department to issue permits for foreign vessels and accompanying forces to enter Vietnam for search and rescue operations in accordance with Clause 2 of Article 6 of this Circular.

4. Direct the Border Guard Command based on issued permits to handle entry and exit procedures for foreign vessels and accompanying forces in accordance with the law; coordinate with the Coast Guard Command and related forces to conduct inspections, control, and ensure security, public order, and social safety when there are forces participating in search and rescue operations in border areas and on Vietnam's territorial waters.

Article 13. Ministry of Public Security

1. Take the lead and coordinate with relevant ministries and sectors to carry out inspections, controls, and ensure security, public order, and social safety when foreign forces and means participate in search and rescue operations in Vietnam in accordance with the law.

2. Direct functional forces to handle entry and exit procedures for foreign forces participating in search and rescue operations in Vietnam according to the search and rescue means that have been granted permits by competent authorities.

Article 14. Ministry of Foreign Affairs

Direct functional agencies to send Vietnam's requests and receive requests from countries and international organizations to participate in search and rescue operations in Vietnam; transfer permit application files to the competent authority for issuance.

Article 15. People's Committees of provinces and centrally governed cities

Direct local forces and functions to cooperate with relevant ministries and sectors to handle procedures, inspections, controls, and participate in coordinating search and rescue operations when foreign search and rescue forces and means operate within their jurisdiction.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Circular takes effect from October 1, 2015.

Article 17. Responsibility for Implementation

1. Agencies, units under ministries and sectors, People's Committees of provinces and centrally governed cities, organizations, and individuals related to this matter are responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties or obstacles, organizations and individuals shall report to the Ministry of Transport, the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs for timely guidance.