Decision No. 15/2019/QD-TTg On the Implementation of Electronic Border Control Procedures at Border Gates Managed by the Ministry of National Defense

Pursuant to …;
Regarding the implementation of electronic border procedures
at border gates managed by the Ministry of National Defense

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

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

Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 16, 2014;

Pursuant to the Ordinance on Border Guard Forces dated March 28, 1997;

Pursuant to Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on the management of land border gates;

Pursuant to Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Maritime Code regarding maritime activity management;

Pursuant to Decree No. 77/2017/NĐ-CP dated July 3, 2017 of the Government on the management and protection of security and order at port gates;

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

The Prime Minister issues this Decision on the implementation of electronic border procedures at border gates managed by the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decision stipulates the implementation of electronic border procedures for persons, controllers, passengers on vehicles, and vehicles exiting and entering at international border gates, main border gates on land borders; Vietnamese ships operating domestic routes and departing from and arriving at port gates; issuance of visas at international border gates on land borders and port gates managed by the Ministry of National Defense (hereinafter referred to as the implementation of electronic border procedures in visa issuance at border gates).

2. Electronic border procedures at sea ports managed by the Ministry of National Defense for Vietnamese ships entering and exiting; foreign ships, vessels, and crew members entering, exiting, transiting, and changing ports shall be implemented in accordance with Decision No. 10/2016/QĐ-TTg dated March 3, 2016 of the Prime Minister on the implementation of electronic border procedures at sea ports.

Article 2. Applicability

1. Border Guard Posts at international border gates, border guard posts at main border gates, and border inspection stations at international border gates, main border gates on land borders (hereinafter referred to as border guards at land border gates); Command Posts of Border Guards at port gates, border guard posts at port gates, and border guard stations at port gates under border guard posts (hereinafter referred to as border guards at port gates).

2. Vietnamese citizens exiting and entering (individually or in groups) at international border gates, main border gates on land borders; foreigners (individually or in groups) entering and exiting Vietnam for sightseeing and tourism according to programs organized by international travel agencies in Vietnam (hereinafter referred to as tourist groups); foreigners obtaining visas at international border gates on land borders and port gates managed by the Ministry of National Defense (hereinafter referred to as visa recipients at border gates).

3. Vietnamese citizens, foreigners exiting and entering at international border gates, main border gates on land borders in groups organized by ministries, equivalent agencies, provincial people's committees, or their counterparts for going abroad or inviting into Vietnam (hereinafter referred to as official delegations).

4. Controllers, passengers on vehicles, and vehicles exiting and entering include:

b) Controllers, passengers on vehicles, and vehicles exiting and entering operating in accordance with agreements on road transport between Vietnam and neighboring countries and international treaties to which the Socialist Republic of Vietnam is a member.

5. Vietnamese ships operating domestic routes and departing from and arriving at port gates.

6. Agencies, organizations, and individuals related to the implementation of electronic border procedures at border gates managed by the Ministry of National Defense.

Article 3. Explanation of Terms

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

1. Electronic border procedure at land border gate means the process where the person making the declaration reports information, and the border guard at the land border gate receives, processes, exchanges information, and confirms the completion of the electronic border procedure declaration for persons and vehicles entering and exiting through the electronic border procedure portal or the national single window portal as prescribed in the national single window mechanism and this Decision when the electronic border procedure portal is connected to the national single window portal.

2. Electronic border procedure for Vietnamese ships operating domestic routes and departing from and arriving at port gates refers to border procedures wherein the person making the declaration reports, and the border guard at the port gate receives, processes, exchanges information, and confirms the completion of the border procedure for crew members, passengers, and Vietnamese ships operating domestic routes and departing from and arriving at port gates through the national single window portal or the electronic border procedure portal in case of technical issues with the national single window portal.

3. Electronic border control procedures for visa issuance at border gates involve the declarant reporting information, and the land border gate border guards, port border gate border guards receiving, processing, and confirming the completion of the information declaration for foreigners' visa issuance at land border gates and port gates through the electronic border control procedure portal or the national single window portal, in accordance with regulations on implementing the national single window mechanism and this Decision when the electronic border control procedure portal is fully connected to the national single window portal.

4. The person conducting electronic border control procedures (hereinafter referred to as the declarant)

a. For Vietnamese citizens entering and exiting, the declarant is an individual Vietnamese citizen exiting or entering, or a person authorized by a Vietnamese citizen to conduct electronic border control procedures at the border gate;

b) For tour groups and visa recipients at the gate, the declarant is a person authorized by a Vietnamese international travel service enterprise to report and conduct electronic border control procedures for tour groups and visa recipients at the gate;

c) For official delegations, the declarant is a person authorized by the agencies or organizations specified in Clause 3, Article 2 of this Decision to report and conduct electronic border control procedures for official delegations at the border gate;

d) For persons controlling, traveling on, or vehicles exiting and entering, the declarant is a person authorized by a Vietnamese international travel service enterprise or a road transport business enterprise or cooperative to report and conduct electronic border control procedures for persons controlling, traveling on, or vehicles exiting and entering at the border gate;

đ) For Vietnamese vessels operating domestic routes arriving at or departing from port gates, the declarant is the ship owner, ship manager, ship charterer, ship operator, captain, or a person authorized to report and conduct electronic port border control procedures for Vietnamese vessels operating domestic routes arriving at or departing from port gates.

5. The electronic border control procedure portal is an access point on the internet, built based on the electronic border control procedure portal for ports stipulated in Clause 2, Article 3 of Decision No. 10/2016/QĐ-TTg dated March 3, 2016 of the Government on implementing electronic border control procedures for ports, to implement electronic border control procedures for land borders and ports; it integrates information, services, and applications (creating electronic forms and declarations, supporting extraction for printing forms and declarations), allowing users to utilize and personalize the display of information at the address http://thutucbienphong.gov.vn.

The electronic border control procedure portal is connected to the national single window portal according to the provisions of the National Single Window Mechanism and is connected to the National Public Service Portal, the Ministry of National Defense's Public Service Portal according to Decree No. 61/2018/NĐ-CP dated April 23, 2018 of the Government on implementing the One-Stop Shop Mechanism and Interconnected One-Stop Shop Mechanism in administrative procedures.

6. The electronic declaration form for land border gates is an electronic form that the declarant must fill out when conducting electronic border control procedures at land border gates.

7. The electronic border control dossier for land border gates is a collection of electronic declaration forms for land border gates.

8. Reporting electronic border control procedures at land border gates involves the declarant using the Internet to report electronic declaration forms and send them to the land border gate border guards through the electronic border control procedure portal.

9. Manual border control procedures at land border gates involve the declarant and the land border gate border guards conducting border control procedures through paper forms.

10. Confirmation of the completion of electronic border control procedure reporting at land border gates is the act of the land border gate border guards receiving, checking, processing the information, and sending the Confirmation of Completion of Electronic Border Control Procedure Reporting to the declarant through the electronic border control procedure portal.

Article 4. Principles for Implementing Electronic Border Procedures

1. Ensuring equality, transparency, clarity, speed, safety, convenience; complying with Vietnamese laws on electronic transactions, entry and exit, and being consistent with relevant international treaties to which the Socialist Republic of Vietnam is a party.

2. Individuals may choose to implement electronic border procedures or follow manual procedures for border formalities.

Chapter II

IMPLEMENTATION OF ELECTRONIC BORDER PROCEDURES
AT LAND BORDER GATES

Section 1

GENERAL PROVISIONS ON THE IMPLEMENTATION OF

ELECTRONIC BORDER PROCEDURES AT LAND BORDER GATES    

Article 5. Time and Location for Implementing Electronic Border Procedures at Land Border Gates

1. Time:

Electronic border procedures at land border gates are implemented 24/7, including holidays and public holidays.

2. Location:

b. Border guards at land border gates perform electronic border procedures at the Joint Control House of International Border Gates and Main Border Gates.

Article 6. Use of Digital Signatures in Implementing Electronic Border Procedures at Land Border Gates

1. Agencies, units, and individuals within the Border Guard Force shall use digital signatures in accordance with the provisions of the law on providing, managing, and using specialized digital signature authentication services for Party and State agencies, political-social organizations.

2. Individuals representing agencies, organizations, and enterprises must use digital signatures in accordance with the law on digital signatures and digital signature authentication services when implementing electronic border procedures at land border gates.

Individuals who are Vietnamese citizens exiting or entering the country are not required to use digital signatures when implementing electronic border procedures at land border gates.

3. Digital signatures must be issued by legitimate service providers of digital signature authentication services and registered on the electronic border procedure portal at http://thutucbienphong.gov.vn or on the national single window portal.

4. After registering digital signatures, individuals implement electronic border procedures at land border gates on the electronic border procedure portal at http://thutucbienphong.gov.vn.

1. The Commander of the Border Gate Border Guard Station or the Deputy Commander of the Border Gate Border Guard Station authorized by the Commander of the Border Gate Border Guard Station decides to issue access accounts for the electronic border procedure portal to individuals implementing electronic border procedures at land border gates in accordance with Clauses 2 and 3 of this Article.

2. The process of issuing access accounts for the electronic border procedure portal to individuals implementing electronic border procedures at land border gates is carried out as follows:

a) The main agency or enterprise of the individual mentioned in Points a, b, c, d Clause 4 of Article 3 of this Decision shall submit an application for issuance of an access account for the electronic border procedure portal according to Form No. 10 as prescribed in the Appendix attached to this Decision, accompanied by copies of the Business Registration Certificate, Identity Card (or Household Registration Booklet, or Citizen Identification Card), and send it to the Border Guard Station at the land border gate via postal service or directly at the Border Guard Station's office or online registration on the electronic border procedure portal;

In cases where individuals already have other access accounts that have been unified with the electronic border procedure portal for information exchange, they can use these existing accounts to access the electronic border procedure portal; the registration to use such accounts shall be conducted by the main agency or enterprise of the individual according to Form No. 11 as prescribed in the Appendix attached to this Decision;

For Vietnamese citizens exiting or entering the country, the process of applying for an access account for the electronic border procedure portal online on the electronic border procedure portal shall be conducted according to Form No. 02 as prescribed in the Appendix attached to this Decision, accompanied by copies of the Identity Card (or Passport, or Citizen Identification Card).

b) Within two working days from the date of receipt of the application from the main agency or enterprise of the individual or the registration information of the account on the electronic border procedure portal of Vietnamese citizens exiting or entering the country, the Border Guard Station at the land border gate must send a written response to the main agency or enterprise of the individual, Vietnamese citizens exiting or entering the country via postal service or directly at the Border Guard Station's office or through the electronic border procedure portal according to Form No. 03 as prescribed in the Appendix attached to this Decision (in case of agreement to issue the account) or according to Form No. 04 as prescribed in the Appendix attached to this Decision (in case of disagreement to issue the account).

3. An individual working for multiple agencies or enterprises only needs to use one access account for the electronic border procedure portal to handle procedures for all agencies or enterprises they represent.

1. The Commander of the Border Guard Post at the land border gateway or the Deputy Commander of the Border Guard Post at the land border gateway authorized by the Commander of the Border Guard Post at the land border gateway shall decide to revoke the access account for the electronic border procedure portal of persons handling electronic border procedures at the land border gateway in accordance with Clauses 2 and 3 of this Article.

2. The Border Guard Post at the land border gateway may only revoke the access account for the electronic border procedure portal of persons handling electronic border procedures at the land border gateway in the following cases:

a. The management agency or enterprise of the person handling the procedure requests the revocation of the account of the person handling the procedure;

b. A risk affecting the security and safety of electronic border procedure data is detected;

c. The person handling the procedure does not use the access account for the electronic border procedure portal for a continuous period of six months from the date of issuance.

3. Procedure for revoking the access account for the electronic border procedure portal when the management agency or enterprise of the person handling the procedure requests suspension of operations or revocation of the account of the person handling the procedure.

a. The management agency or enterprise of the person handling the procedure shall submit a Request for Revocation of the Account of the Person Handling the Procedure in accordance with Model No. 05 stipulated in the Appendix attached to this Decision, accompanied by a copy of the Business Registration Certificate, Identity Card (or passport, or Citizen Identification Card), and send it to the Border Guard Post at the land border gateway through postal service or directly at the office of the Border Guard Post at the land border gateway or through the electronic border procedure portal;

b. Not later than two hours from the time of receipt of the Request for Revocation of the Account of the management agency or enterprise of the person handling the procedure, the Border Guard Post at the land border gateway shall proceed to revoke the access account for the electronic border procedure portal of the person handling the electronic border procedure at the land border gateway and send the Notification of Revocation of the Access Account for the Electronic Border Procedure Portal in accordance with Model No. 06 stipulated in the Appendix attached to this Decision to the management agency or enterprise of the person handling the procedure and the individual person handling the procedure through postal service or directly at the office of the Border Guard Post at the land border gateway or through the electronic border procedure portal.

4. Procedure for revoking the access account for the electronic border procedure portal when a risk affecting the security and safety of electronic border procedure data is detected.

a. Upon detecting a risk affecting the security and safety of electronic border procedure data, the Border Guard Post at the land border gateway shall immediately lock the access account for the electronic border procedure portal of the person handling the electronic border procedure at the land border gateway;

b. Not later than two hours from the time of locking the access account for the electronic border procedure portal of the person handling the electronic border procedure at the land border gateway, the Border Guard Post at the land border gateway shall revoke the access account for the electronic border procedure portal of the person handling the electronic border procedure at the land border gateway and send the Notification of Revocation of the Access Account for the Electronic Border Procedure Portal in accordance with Model No. 06 stipulated in the Appendix attached to this Decision to the management agency or enterprise of the person handling the procedure and the individual person handling the procedure through postal service or directly at the office of the Border Guard Post at the land border gateway or through the electronic border procedure portal.

5. Procedure for revoking the access account for the electronic border procedure portal when the person handling the procedure does not use the access account for the electronic border procedure portal for a continuous period of six months from the date of issuance.

The Border Guard Post at the land border gateway shall proceed to revoke the access account for the electronic border procedure portal of the person handling the procedure and send the Notification of Revocation of the Access Account for the Electronic Border Procedure Portal in accordance with Model No. 06 stipulated in the Appendix attached to this Decision to the management agency or enterprise of the person handling the procedure and the individual person handling the procedure through postal service or directly at the office of the Border Guard Post at the land border gateway or through the electronic border procedure portal.

Section 2

IMPLEMENTATION OF ELECTRONIC BORDER PROCEDURES AT GATEWAYS
THROUGH THE NATIONAL SINGLE WINDOW MECHANISM

AND THROUGH THE ELECTRONIC BORDER PROCEDURE PORTAL

Article 9. Implementation of electronic border procedures at land border gates according to the National Single Window Mechanism

1. When the electronic border procedure information portal is fully connected with the National Single Window information portal, the Border Gate Guard at land border gates and the person handling the procedures shall implement the electronic border procedures at land border gates through the National Single Window information portal in accordance with the regulations on implementing the National Single Window Mechanism and the provisions of this Decision.

2. During the period when the electronic border procedure information portal has not yet been fully connected with the National Single Window information portal for the implementation of electronic border procedures or in cases where there is a malfunction with the National Single Window information portal, the Border Gate Guard at land border gates and the person handling the procedures shall implement the electronic border procedures at land border gates through the electronic border procedure information portal in accordance with the provisions of this Decision.

Article 10. Implementation of electronic border procedures at land border gates through the electronic border procedure information portal

1. Electronic border procedures at land border gates for Tourist Groups, Official Delegations exiting and entering the country

a. At least six hours before the Tourist Group, Official Delegation is expected to arrive at the international gate, main gate, the person handling the procedures must declare the Declaration Form for the Tourist Group, Official Delegation according to Sample No. 07 prescribed in the Appendix attached to this Decision and send it to the Border Guard at the land border gate through the electronic border procedure information portal;

The time for initiating the electronic border procedures is determined from the moment the Border Guard at the land border gate receives the Declaration Form for the Tourist Group, Official Delegation through the electronic border procedure information portal.

b. At least three hours after receiving the Declaration Form for the Tourist Group, Official Delegation, the Border Guard at the land border gate must send the Confirmation of Completion of the Declaration for the Electronic Border Procedures for the Tourist Group, Official Delegation according to Sample No. 08 prescribed in the Appendix attached to this Decision to the person handling the procedures through the electronic border procedure information portal;

The completion time of the declaration for the electronic border procedures is determined from the moment the person handling the procedures receives the Confirmation of Completion of the Declaration for the Electronic Border Procedures for the Tourist Group, Official Delegation through the electronic border procedure information portal.

c. When the Tourist Group, Official Delegation arrives at the international gate, main gate to exit or enter the country, the person handling the procedures must present passports or travel documents of the tourists, officials to the Border Guard at the land border gate for inspection, control, and verification of exit and entry into Vietnam according to regulations.

2. Electronic border procedures at land border gates for Drivers, Passengers, Vehicles exiting and entering the country

a. At least six hours before the vehicle is expected to arrive at the international gate, main gate, the person handling the procedures must declare the Declaration Form for the Driver, Passengers, Vehicle according to Sample No. 09 prescribed in the Appendix attached to this Decision and send it to the Border Guard at the land border gate through the electronic border procedure information portal;

The time for initiating the electronic border procedures is determined from the moment the Border Guard at the land border gate receives the Declaration Form for the Driver, Passengers, Vehicle through the electronic border procedure information portal.

b. At least three hours after receiving the Declaration Form for the Driver, Passengers, Vehicle, the Border Guard at the land border gate must send the Confirmation of Completion of the Declaration for the Electronic Border Procedures for the Driver, Passengers, Vehicle according to Sample No. 10 prescribed in the Appendix attached to this Decision to the person handling the procedures through the electronic border procedure information portal;

The completion time of the declaration for the electronic border procedures is determined from the moment the person handling the procedures receives the Confirmation of Completion of the Declaration for the Electronic Border Procedures for the Driver, Passengers, Vehicle through the electronic border procedure information portal.

c. When the Driver, Passengers, Vehicle arrive at the international gate, main gate to enter or exit the country, the person handling the procedures must present passports or travel documents of the Driver, Passengers and the vehicle's documents according to Article 9 of Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on management of land border gates to the Border Guard at the land border gate for inspection, control, and verification of exit and entry into Vietnam according to regulations.

3. Electronic border procedures at land border gates for Vietnamese citizens exiting and entering the country

a. At least three hours before the Vietnamese citizen is expected to arrive at the international gate, main gate, the person handling the procedures must declare the Declaration Form for the Vietnamese citizen exiting and entering the country according to Sample No. 11 prescribed in the Appendix attached to this Decision and send it to the Border Guard at the land border gate through the electronic border procedure information portal;

The time for initiating the electronic border procedures is determined from the moment the Border Guard at the land border gate receives the Declaration Form for the Vietnamese citizen exiting and entering the country through the electronic border procedure information portal.

b. Within no more than one hour from the time of receiving the Declaration Form for Vietnamese citizens exiting and entering the country, the Border Guard at the land border checkpoint must send the Confirmation of Completion of Electronic Border Procedures Declaration for Vietnamese citizens exiting and entering the country according to Model 12 stipulated in the Appendix issued together with this Decision to the person handling the procedures through the electronic border procedures portal.

The completion time of the electronic border procedures declaration is the moment when the person handling the procedures receives the Confirmation of Completion of Electronic Border Procedures Declaration for Vietnamese citizens exiting and entering the country through the electronic border procedures portal.

c. When Vietnamese citizens exit or enter at an international port or main exit-entry checkpoint, they must present their passport or valid travel document for exit-entry or border region travel permit to the Border Guard at the land border checkpoint for inspection, control, and verification of exit and entry to Vietnam in accordance with regulations.

4. In case of technical issues with the electronic border procedures portal, the Border Guard at the land border checkpoint must notify the person handling the procedures via written notice, telephone, email, or announcement on the electronic border procedures information portal or the Ministry of National Defense's electronic information portal so that the person can handle the border procedures manually.

Article 11. Amending and Supplementing the Electronic Border Procedures File of the Land Border Checkpoint

1. The person handling the procedures may amend and supplement the electronic file in the following cases:

a. Discovering errors or updating additional information required to be declared in the electronic file after receiving the Confirmation of Completion of Electronic Border Procedures Declaration for the land border checkpoint but must obtain approval from the Border Guard at the land border checkpoint;

b. The Border Guard at the land border checkpoint requests amendments or supplements to the declaration content in the electronic file;

c. The request for amendment or supplementation of the declaration content in the electronic file by the Border Guard at the checkpoint shall be carried out according to Model 13, and the amended and supplemented electronic file declaration form by the person handling the procedures shall be carried out according to Model 14 stipulated in the Appendix issued together with this Decision.

2. Processing the Amended and Supplemented Electronic File

a. The Border Guard at the land border checkpoint accepts the amended and supplementary declaration content in the electronic file through verification and clarification of the reasons for requesting amendments and supplements by the person handling the procedures;

b. The electronic file before and after amendment and supplementation will be stored in the electronic border procedures data processing system of the land border checkpoint to serve as a basis for checking, comparing, and determining the authenticity of the electronic file declaration by the person handling the procedures.

3. Time limit for requesting amendment and supplementation of the electronic file; sending the amended and supplemented electronic file; confirmation of completion of the electronic border procedures declaration for the amended and supplemented electronic file

a. Time limit for requesting amendment and supplementation of the electronic file by the Border Guard at the land border checkpoint

Upon discovering that the electronic border procedures declaration of the person handling the procedures is incomplete or inaccurate, the Border Guard at the land border checkpoint sends a request for amendment and supplementation to the person handling the procedures through the electronic border procedures portal.

b. Time limit for sending the amended and supplemented electronic file

In case the Border Guard at the land border checkpoint requests amendment and supplementation of the declaration content in the electronic file: Within no more than one hour from the time of receiving the request for amendment and supplementation of the declaration content from the Border Guard at the land border checkpoint, the person handling the procedures must declare the Amended and Supplementary Declaration Form for Electronic Border Procedures and send it to the Border Guard at the land border checkpoint through the electronic border procedures portal;

In case the person handling the procedures discovers errors or updates additional information required to be declared in the electronic file: Immediately upon discovering errors or updating additional information required to be declared in the electronic file, the person handling the procedures must declare the Amended and Supplementary Declaration Form for Electronic Border Procedures and send it to the Border Guard at the land border checkpoint through the electronic border procedures portal.

c. Time limit for confirming the completion of the electronic border procedures declaration for the amended and supplemented electronic file

Within no more than one hour from the time of receiving the Amended and Supplementary Declaration Form from the person handling the procedures, the Border Guard at the land border checkpoint must send the Confirmation of Completion of Electronic Border Procedures Declaration for the amended and supplemented electronic file according to Model 15 stipulated in the Appendix issued together with this Decision to the person handling the procedures through the electronic border procedures portal.

Chapter III

IMPLEMENTATION OF ELECTRONIC BORDER PROCEDURES
FOR DOMESTIC ROUTE VESSELS OF VIETNAM
FROM, LEAVING THE PORT CHECKPOINT

Article 12. Implementation of electronic border procedures for Vietnamese vessels operating on domestic routes entering and leaving port customs checkpoints through the National Single Window Portal

1. The electronic border procedure for Vietnamese vessels operating on domestic routes entering and leaving port customs checkpoints shall be implemented through the National Single Window Portal in accordance with regulations on the implementation of the National Single Window Mechanism and the provisions of this Decision.

The use of digital signatures, issuance, and cancellation of access accounts to the Electronic Border Procedure Portal for persons handling procedures for Vietnamese vessels operating on domestic routes entering and leaving port customs checkpoints shall be carried out in accordance with the regulations of the Ministry of National Defense on the implementation of electronic border procedures for seaports.

3. Port border guards may refuse to implement the electronic border procedure for Vietnamese vessels operating on domestic routes entering and leaving port customs checkpoints in accordance with Government Decree No. 10/2016/QĐ-TTg dated March 3, 2016 on the implementation of electronic border procedures for seaports and the regulations of the Ministry of National Defense on the implementation of electronic border procedures for seaports.

1. At least four hours before the expected arrival at the port customs checkpoint and at least two hours before departure from the port customs checkpoint, the person handling the procedure must submit the required electronic declarations according to the prescribed forms on the Electronic Border Procedure Portal, including:

a. General declaration;

b. Crew list;

c. Passenger list (if applicable).

2. Within one hour from the time of receiving all valid electronic declarations, the port border guard must confirm the completion of the electronic border procedure for Vietnamese vessels operating on domestic routes entering and leaving the port customs checkpoint.

The start time of the electronic border procedure is determined from the moment the port border guard receives all electronic declarations through the Electronic Border Procedure Portal.

The completion time of the electronic border procedure is determined from the moment the person handling the procedure receives confirmation of the completion of the electronic border procedure through the Electronic Border Procedure Portal.

3. Types of documents that the person handling the procedure must present, locations, and deadlines for presenting such documents to the port border guard after completing the electronic border procedure for Vietnamese vessels operating on domestic routes entering and leaving the port customs checkpoint

a. Types of documents to be presented:

Passports of crew members; passports or travel documents with international validity or Identity Cards or Citizen Identification Cards of passengers (if applicable);

Other documents upon request of the port border guard: voyage logbook; documents related to goods if there are goods on board, including: Cargo Transport Contract; Purchase and Sale Contract and Value Added Tax Invoice or Internal Delivery and Transportation Note; transportation permit issued by competent authorities of Vietnam for goods subject to special conditions.

b. Locations for presenting documents:

At the headquarters of the port border guard or the headquarters of the Maritime Port Authority or the representative office of the Maritime Port Authority.

c. Deadlines for presenting documents:

For Vietnamese vessels arriving at the port customs checkpoint: At most two hours after the vessel docks at the wharf, at most four hours after the vessel docks at other positions within the port waters;

For Vietnamese vessels departing from the port customs checkpoint: At most immediately before the vessel departs from the port customs checkpoint.

Article 14. Amending and supplementing electronic border control files for Vietnamese vessels operating on domestic routes entering and leaving port border gates

1. The person handling procedures may amend and supplement electronic files in the following cases:

a. Discovering errors or updating information that needs to be reported in the electronic file after receiving confirmation of completion of electronic border control procedures but must obtain approval from the port border gate guard;

b. At the request of the port border gate guard to amend and supplement the content of the electronic file;

c. The amended and supplemented electronic file declaration form of the person handling procedures and the request to amend and supplement the content of the electronic file of the port border gate guard shall be carried out according to the model specified in the Electronic Border Control Procedure Information Portal.

2. Processing amended and supplemented files

a. The port border gate guard accepts the content of the amended and supplemented electronic file through verification, investigation, and clarifying the reasons for the amendment and supplementation requested by the person handling procedures;

b. The electronic file before and after amendment and supplementation shall be stored in the electronic border control data processing system for maritime ports as a basis for inspection, review, and determining the authenticity of the electronic file declaration made by the person handling procedures.

3. Time limit for requesting amendment and supplementation of electronic files; submitting amended and supplemented electronic files and confirming completion of electronic border control procedures for amended and supplemented electronic files

a. Time limit for requesting amendment and supplementation of electronic files:

Immediately upon discovering that the electronic border control procedure declaration of the person handling procedures is incomplete or inaccurate, the port border gate guard requests the person handling procedures to declare amendments and supplements;

b. Time limit for submitting amended and supplemented electronic files:

In case the port border gate guard requests amendment and supplementation of the content of the electronic file: Within the latest one hour from receiving the request for amendment and supplementation of the content of the electronic file from the port border gate guard, the person handling procedures must declare the amended and supplemented content of the electronic border control procedure and submit it to the port border gate guard through the Electronic Border Control Procedure Information Portal;

In case the person handling procedures discovers errors or updates information that needs to be reported in the electronic file: Within the latest two hours after the vessel docks at the wharf, within the latest four hours after the vessel docks at other positions in the port water area for Vietnamese vessels arriving at the port border gate; immediately before the vessel leaves the port border gate for Vietnamese vessels departing from the port border gate, the person handling procedures must submit the amended and supplemented electronic file to the port border gate guard through the Electronic Border Control Procedure Information Portal.

c. Time limit for confirming completion of electronic border control procedures for amended and supplemented electronic files:

Within the latest one hour from receiving all the amended and supplemented electronic files, the port border gate guard must confirm the completion of electronic border control procedures for the amended and supplemented electronic files and send it to the person handling procedures through the Electronic Border Control Procedure Information Portal.

Chapter IV

IMPLEMENTATION OF ELECTRONIC BORDER PROCEDURES
AT THE PORT OF ENTRY

Article 15. Electronic border control procedures in issuing visas at the port of entry via the National Single Window Portal

1. When the Electronic Border Control Procedure Information Portal is fully connected with the National Single Window Portal, electronic border control procedures in issuing visas at the port of entry shall be implemented through the National Single Window Portal in accordance with regulations on implementing the National Single Window and this Decision.

The use of digital signatures, issuance, and revocation of access account credentials for the Electronic Border Control Procedure Information Portal for the person handling procedures for visa recipients at the port of entry shall be carried out in accordance with Articles 6, 7, and 8 of this Decision (for persons handling procedures at land border gates) or in accordance with the regulations of the Ministry of National Defense on implementing electronic border control procedures for maritime ports (for persons handling procedures at port border gates).

Article 16. Implementation of electronic border procedures in issuing visas at border gates through the electronic border procedure portal

For foreign seafarers who are not exempted from visa requirements for entry into Vietnam and wish to depart from another gate, at least two hours before they are expected to leave the port where their ship is anchored, the person handling the procedure must declare the Visa Application Form at the Border Gate according to Form No. 16 prescribed in the Appendix accompanying this Decision, along with a copy of the Reply Document from the Exit-Entry Administration Department of the Ministry of Public Security regarding the request for a visa at the international border gate, and send it to the Border Guard at the port gate through the electronic border procedure portal;

The time for starting the implementation of electronic border procedures in issuing visas at the border gate is determined from the moment the Border Guard at the land border gate or the Border Guard at the port gate receives the Visa Application Form at the Border Gate through the electronic border procedure portal.

2. Within at least three hours from the time of receiving a complete and valid Visa Application Form at the Border Gate, the Border Guard at the land border gate and the Border Guard at the port gate must send the Confirmation of Completion of Electronic Border Procedure Declaration for the visa recipient at the border gate according to Form No. 17 prescribed in the Appendix accompanying this Decision to the person handling the procedure through the electronic border procedure portal.

For foreign seafarers as stipulated in Clause 1 of this Article, within at least one hour from the time of receiving the Visa Application Form at the Border Gate, the Border Guard at the port gate must send the Confirmation of Completion of Electronic Border Procedure Declaration for the visa recipient at the border gate according to Form No. 17 prescribed in the Appendix accompanying this Decision to the person handling the procedure through the electronic border procedure portal;

The completion time of the electronic border procedure declaration in issuing visas at the border gate is the time when the person handling the procedure receives the Confirmation of Completion of Electronic Border Procedure Declaration for the visa recipient at the border gate through the electronic border procedure portal.

a. Immediately upon receiving the passport or other travel document, the original Reply Document from the Exit-Entry Administration Department of the Ministry of Public Security regarding the request for a visa at the international border gate, and the visa issuance fee, the Border Guard at the land border gate or the Border Guard at the port gate shall issue the visa in accordance with regulations;

b. In cases where it is objectively impossible to submit the original Reply Document from the Exit-Entry Administration Department of the Ministry of Public Security regarding the request for a visa at the international border gate immediately upon entering Vietnam, the person handling the procedure must submit the original document to the Border Guard at the land border gate or the Border Guard at the port gate within three days from the date of receiving the visa at the border gate.

    Article 17. Amending and Supplementing the Electronic Border File for Visa Recipients at the Border Gate

1. The person handling the procedure may amend and supplement the electronic border file for visa recipients at the border gate in the cases provided for in point a and b of Clause 1 of Article 11 and point a and b of Clause 1 of Article 14 of this Decision.

Requests for amendment and supplementation by the Border Guard at the border gate and the amended and supplemented electronic file declaration by the person handling the procedure shall be carried out in accordance with the provisions of point c of Clause 1 of Article 11 of this Decision.

2. Processing of amended and supplemented files shall be carried out in accordance with the provisions of Clause 2 of Article 11 and Clause 2 of Article 14 of this Decision.

3. Time limit for requesting amendments and supplements; sending the amended and supplemented electronic file and confirming the completion of the electronic border procedure for the amended and supplemented file

a. Time limit for requesting amendments and supplements to the electronic file of the Border Guard at the land border gate and the Border Guard at the port gate:

Upon discovering that the electronic border procedure declaration made by the person handling the procedure is incomplete or inaccurate, the Border Guard at the land border gate or the Border Guard at the port gate will send a request for amendment and supplementation to the person handling the procedure through the electronic border procedure portal.

b. Time limit for submitting amended and supplemented electronic files:

In cases where the Border Guard at the land border gate or the Border Guard at the port gate requests amendments and supplements to the declaration content in the electronic file: Within at least one hour from the time of receiving the request for amendment and supplementation of the declaration content from the Border Guard at the land border gate or the Border Guard at the port gate, the person handling the procedure must declare the Amended and Supplemented Declaration Form for the visa recipient at the border gate and send it to the Border Guard at the land border gate or the Border Guard at the port gate through the electronic border procedure portal;

In case the person handling the procedure discovers errors or updates information that needs to be reported in the electronic dossier: Immediately upon discovering errors or updating information that needs to be reported in the electronic dossier, the person handling the procedure must report the Amended and Supplemental Declaration for the visa recipient at the border gate and send it to the Border Guard at the land border checkpoint or the Border Guard at the port through the Electronic Border Control Procedure Portal.

c. Time limit for confirming completion of the electronic border control procedure declaration for amended and supplemented electronic dossiers:

Within the latest 01 hour from the time of receiving the Amended and Supplemental Declaration for the visa recipient at the border gate, the Border Guard at the land border checkpoint or the Border Guard at the port must send the Confirmation of Completion of the Electronic Border Control Procedure Declaration for the amended and supplemented electronic dossier according to Form No. 15 prescribed in the Appendix issued together with this Decision to the person handling the procedure through the Electronic Border Control Procedure Portal.

Chapter V
IMPLEMENTATION

Article 18. Responsibilities of the Ministry of National Defense

1. To take the lead and coordinate with ministries, sectors, provincial people's committees, and the Permanent Office of the National Steering Committee on the National Single Window Mechanism, ASEAN Single Window, and Facilitation of Trade in implementing the electronic border control procedures and ensuring smooth integration and connection with the national single window portal as stipulated.

3. To take the lead in developing plans and organizing the assurance of information security for the Electronic Border Control Procedure Portal; to organize publicity and support for organizations, businesses, and individuals related to participating in the implementation of the electronic border control procedures; to coordinate with relevant ministries and sectors to inspect and handle arising issues.

4. To ensure funding and necessary conditions regarding infrastructure and equipment for the implementation of the electronic border control procedures.

5. To take the lead and coordinate with ministries, sectors, and provincial people's committees in implementing this Decision.

6. To review, summarize, evaluate, and report to the Prime Minister on the results of implementing the electronic border control procedures at border gates managed by the Ministry of National Defense.

7. To direct the Government Cryptographic Agency to provide sufficient specialized digital signatures for the Border Guard Force to resolve administrative procedures; to develop solutions for verifying the digital signatures of individuals and organizations registering to implement the electronic border control procedures.

8. To direct the Border Guard Force

a. To build and implement projects to carry out the electronic border control procedures for the system of border gates managed by the Ministry of National Defense; to develop a roadmap for upgrading and completing the electronic data processing system for border control, applying digital signatures, and eliminating paper documents required in the implementation of the electronic border control procedures; to organize training, instruction, and deployment of staff with adequate qualifications, capabilities, and experience to meet the requirements of implementing the electronic border control procedures;

During the period of building and implementing projects to carry out the electronic border control procedures for the system of border gates managed by the Ministry of National Defense where the necessary equipment and transmission lines have not yet been installed for the implementation of the electronic border control procedures, the person handling the procedure and the Border Guard at the border gate shall perform the border control procedures manually;

c. To provide and share information related to persons and means of entry and exit at border gates managed by the Ministry of National Defense to relevant functional agencies; and simultaneously to receive shared information from specialized management agencies at border gates about persons and means of entry and exit, exported and imported goods;

d. To secure information; to handle violations and resolve complaints and denunciations; to guide the resolution of issues arising during the process of completing connections between the Electronic Border Control Procedure Portal and the national single window portal;

đ. To take the lead and coordinate with specialized management agencies at border gates and local authorities in publicizing and implementing the electronic border control procedures;

1. The Ministry of Finance

a. Within their respective duties and powers, they are responsible for directing and guiding specialized state management agencies under their jurisdiction to coordinate with the Border Guard Force in implementing electronic border procedures; coordinating with the Ministry of National Defense to guide related enterprises, organizations, and individuals in implementing electronic border procedures according to the national single-window mechanism;

b. Coordinate with the Ministry of Planning and Investment to ensure funding for the Ministry of National Defense to build, manage, and operate the electronic border procedure information portal and to implement this Decision.

2. The Ministry of Planning and Investment

Annually, take the lead and coordinate with the Ministry of Finance and the Ministry of National Defense to balance the budget for investment construction within the medium-term public investment plan to ensure the implementation of this Decision.

3. Relevant ministries and ministerial-level agencies within their respective duties and powers are responsible for coordinating with the Ministry of National Defense in implementing electronic border procedures.

4. Provincial People's Committees

Within their respective duties and powers, provincial people's committees are responsible for directing and guiding local functional departments where electronic border procedures are implemented to coordinate and create favorable conditions for border guards at border gates to implement electronic border procedures locally.

Chapter VI
IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Decision takes effect from June 1, 2019.

Article 21. Stages of Implementing Electronic Border Procedures at Land Border Gates

1. Stage 1

a. Implementation period: From the date this Decision takes effect until the end of 2019;

b. Implementation locations: At international border gates: Mong Cai in Quang Ninh province, Ha Khien in Hai Phong province, Huu Nghi in Lang Son province, Treo Bridge in Ha Tinh province, Cha Lo in Quang Binh province, Mo Cay in Tay Ninh province;

c. After completing Stage 1, the Ministry of National Defense will lead the summary, evaluation, and draw lessons to implement Stage 2.

2. Stage 2

From 2020 onwards, implement at all international border gates and main border gates on land borders.

Article 22. Responsibility for enforcement

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial people's committees directly under the central government, and related organizations and individuals are responsible for implementing this Decision./

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