Circular No. 188/2011/TT-BQP guides the pilot implementation of electronic border control procedures at seaports.

CIRCULAR

Guidelines for Pilot Implementation of Electronic Border Control Procedures at Seaports

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||| Based on the Law on Legislative Acts of 2008;

Pursuant to the Law on Electronic Transactions 2005;

Pursuant to Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on Port Management and Shipping Channels;

Pursuant to Decree No. 50/2008/NĐ-CP dated April 21, 2008 of the Government on management and security at sea ports;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of National Defense;

Pursuant to Decision No. 22/2011/QĐ-TTg dated April 15, 2011 of the Prime Minister on the Pilot Implementation of Electronic Border Control Procedures at Seaports;

Considering the proposal of the Commander of the Border Guard Force;

The Minister of National Defense issues guidelines for the pilot implementation of electronic border control procedures at seaports, as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars provide guidelines for the pilot implementation of electronic border control procedures at seaports; border control inspections during and after the completion of electronic border control procedures at seaports.

Article 2. Applicability

1. Border Guard units at port gateways as stipulated in Article 3 of Decision No. 22/2011/QĐ-TTg dated April 15, 2011 of the Prime Minister on the Pilot Implementation of Electronic Border Control Procedures at Seaports (hereinafter referred to as Decision No. 22/2011/QĐ-TTg);

2. Ship owners, ship managers, ship operators, or authorized representatives registering to participate in the pilot implementation of electronic border control procedures at seaports (hereinafter collectively referred to as the person handling the procedure);

Vietnamese ships and vessels entering and exiting; foreign ships and vessels, crew members of foreign ships and vessels entering, exiting, transiting, and changing ports at seaport gateways (including offshore oil exploration, exploitation, and service vessels) managed by the border guard units at port gateways as stipulated in Clause 1 of this Article.

These Circulars shall not apply to Vietnamese fishing vessels, foreign ships and vessels changing ports from seaport gateways implementing the pilot electronic border control procedures to seaport gateways that have not yet implemented such procedures; foreign ships and vessels of organizations and individuals enjoying privileges and immunities under the law; foreign nuclear-powered merchant ships; foreign military ships and coast guard vessels visiting, repairing, and conducting other activities in the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

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

1. Electronic border control procedures at seaports refer to the process whereby border guard units at port gateways and persons handling the procedure report, receive, process information, and confirm the completion of seaport border control procedures for ships, vessels, and crew members entering, exiting, transiting, and changing ports through the electronic border control portal.

2. Electronic border control portal refers to a centralized point of access on the network, integrating various information, services, and applications to facilitate the implementation of electronic border control procedures at seaports via the internet.

3. Electronic data processing system for seaport border control refers to a system of equipment, software, and databases centrally managed and unified by the Border Guard Command, used to implement electronic border control procedures at seaports.

4. Electronic border control procedure declaration refers to the act of persons handling the procedure reporting necessary information on the forms of the electronic border control dossier to handle seaport border control procedures for ships, vessels, and crew members entering, exiting, transiting, and changing ports through the electronic border control portal.

5. Confirmation of completion of electronic border control procedures at seaports refers to the act of border guard units at port gateways confirming the completion of seaport border control procedures for ships, vessels, and crew members entering, exiting, transiting, and changing ports to persons handling the procedure through the electronic border control portal.

Article 4. Forms in the electronic border guard file for seaports and related supplementary forms

1. The forms in the electronic border guard file for seaports shall be implemented according to the contents of Section 1 attached as Appendix to this Circular.

2. Supplementary forms related to the electronic border guard procedures for seaports shall be implemented according to the contents of Section 2 attached as Appendix to this Circular.

Article 5. Management of exploitation and use of information related to the electronic border guard procedures for seaports

1. The Border Guard Force Command shall manage and process all data and information related to the electronic border guard procedures for seaports to serve the operational work of the Border Guard Force; provide access accounts to the Border Guard Force’s electronic portal for border guard units at seaport gateways where the electronic border guard procedures for seaports are piloted.

2. The electronic border guard procedures for seaports shall be posted on the Border Guard Force’s electronic portal.

3. Border guard units at seaport gateways where the electronic border guard procedures for seaports are piloted shall provide access accounts to the Border Guard Force’s electronic portal to persons handling procedures after receiving, reviewing, and approving their registration documents for participating in the pilot of the electronic border guard procedures for seaports; reissue access accounts when persons handling procedures cannot log into the Border Guard Force’s electronic portal; have access to the Border Guard Force’s electronic portal to receive, check, and process declarations of electronic border guard procedures for seaports and confirm completion of the electronic border guard procedures for seaports.

4. Persons handling procedures who have been provided with access accounts may log into the Border Guard Force’s electronic portal to declare electronic border guard procedures for seaports and exchange other related information with border guard units at seaport gateways; receive feedback notifications from border guard units at seaport gateways where the electronic border guard procedures for seaports are piloted.

Article 6. Confidentiality of information related to the electronic border guard procedures for seaports

1. Persons handling the electronic border guard procedures for seaports must be responsible for the information they provide online, must protect themselves and bear responsibility for using passwords to access and declare information on the electronic border guard procedures for seaports.

2. The Border Guard Force Command is responsible for ensuring the security of all data and information about the electronic border guard procedures for seaports. Data storage and backup shall be carried out on servers managed by the Border Guard Force Command.

3. Border guard units at seaport gateways where the electronic border guard procedures for seaports are piloted may only use personal information of persons handling procedures to accurately identify their identity and legal status to serve the issuance of access accounts to the Border Guard Force’s electronic portal and operational management requirements; shall not provide or share personal information of persons handling procedures with third parties except with the consent of those individuals or as otherwise prescribed by law.

Border guard units at seaport gateways where the electronic border guard procedures for seaports are piloted may use and share with specialized state management agencies at seaports the declarations related to vessels, crew members, passengers, and cargo made by persons handling procedures for the purpose of processing entry and exit formalities for Vietnamese vessels; entry, exit, transit, and port change formalities for foreign vessels, crew members at seaport gateways where the electronic border guard procedures for seaports are piloted.

Article 7. Handling of Violations and Resolution of Complaints and Allegations in Implementing Electronic Border Procedures for Seaports

1. Organizations and individuals who commit violations of regulations in implementing electronic border procedures for seaports shall be subject to administrative penalties or suspension from participating in the pilot implementation of electronic border procedures for seaports, depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

2. Military personnel of the Border Guard Force who commit violations of regulations in the pilot implementation of electronic border procedures for seaports shall be subject to disciplinary action according to the provisions of the Regulations on Military Management of the Vietnam People's Army, depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

3. The filing of complaints and allegations and the resolution of complaints and allegations in the pilot implementation of electronic border procedures for seaports shall be carried out in accordance with the provisions of the law on complaints and allegations.

Chapter II

ELECTRONIC BORDER PROCEDURES FOR SEAPORTS

Article 8. Registration to Participate in the Pilot Implementation of Electronic Border Procedures for Seaports

Individuals handling procedures must register in writing to participate in the implementation of electronic border procedures for seaports using Form 12 attached as an appendix to this Circular. Within three working days from the date of receipt of the registration form, the Border Guard at the seaport checkpoint must issue a written response agreeing or disagreeing to implement according to Forms 13 and 14 attached as an appendix to this Circular.

Article 9. Time Limit for Implementing Electronic Border Procedures for Seaports

1. At least eight hours before the vessel is expected to arrive at the port and two hours before the vessel is expected to depart from the port, information related to the vessel, crew members entering, exiting, transiting, or changing ports; imported, exported, transited, or changed goods at the seaport customs checkpoint must be reported by the individual handling the procedure according to the prescribed forms in the electronic border procedure documentation.

The start time for implementing electronic border procedures for seaports is determined from the moment the electronic data processing system receives all necessary information reported by the individual handling the procedure and sent to it.

2. Within one hour from the time of receiving all the information reported by the individual handling the procedure in the electronic file, the Border Guard at the seaport checkpoint must confirm the completion of the electronic border procedures for seaports. The completion time of the electronic border procedures for seaports is the time when the Border Guard at the seaport checkpoint sends confirmation of the completion of the electronic border procedures for seaports to the individual handling the procedure through the electronic border information portal.

After completing the electronic border procedures for seaports and other procedures of specialized state management agencies at the port, vessels and ships entering the port or changing ports can proceed with cargo loading/unloading and other activities according to their program and plan; crew members of those vessels and ships are allowed to go ashore. The shore leave of crew members is regulated under Article 18 of Decree No. 50/2008/ND-CP dated April 21, 2008, of the Government on managing and ensuring security and public order at seaport checkpoints.

3. Within two hours after the vessel safely docks at the wharf; within four hours after the vessel safely docks on the river or bay within the port area, the individual handling the procedure must submit paper documentation to the Border Guard at the seaport checkpoint;

For vessels engaged in offshore exploration, oil extraction, and service operations, within two hours from the time the vessel arrives at the shore, the individual handling the procedure must submit paper documentation to the Border Guard at the seaport checkpoint;

4. In cases where there is no change in the vessel's itinerary, crew, or passengers (if any), and no violation of Vietnamese laws, after the vessel departs from the port, within two hours for vessels docked at the wharf and within four hours for vessels docked on the river or bay, the individual handling the procedure must submit paper documentation to the Border Guard at the seaport checkpoint.

5. For foreign vessels changing ports between seaport checkpoints participating in the pilot implementation of electronic border procedures for seaports, the border documentation for vessels changing ports will be established in electronic form and transferred through the electronic data processing system for border information; after completing the electronic border procedures for seaports for the vessel, the individual handling the procedure does not need to submit paper documentation for vessels changing ports to the Border Guard at the seaport checkpoint.

If the vessel changing ports has permits issued by the Border Guard at the departure seaport checkpoint that are valid at the arrival seaport checkpoint or there are documents or files related to the vessel, crew, or passengers that need to be handed over to the Border Guard at the arrival seaport checkpoint for handling, then the Border Guard at the departure seaport checkpoint must establish the documentation for vessels changing ports in paper form and transfer it along with the vessel to the Border Guard at the arrival seaport checkpoint. At the departure seaport checkpoint, at least one hour before the vessel departs from the port, the individual handling the procedure must go to the office of the Border Guard at the seaport checkpoint to receive the paper documentation for vessels changing ports and hand it over to the ship captain to transfer to the Border Guard at the arrival seaport checkpoint. At the arrival seaport checkpoint, within two hours for vessels docked at the wharf and within four hours for vessels docked on the river or bay, the individual handling the procedure must submit the paper documentation for vessels changing ports to the Border Guard at the arrival seaport checkpoint.

6. For foreign vessels arriving at seaport checkpoints participating in the pilot implementation of electronic border procedures for seaports from seaport checkpoints that have not implemented such procedures, within two hours after the vessel safely docks at the wharf; within four hours after the vessel safely docks on the river or bay within the port area, the individual handling the procedure must submit paper documentation for vessels changing ports to the Border Guard at the arrival seaport checkpoint.

Article 10. Location for Implementing Electronic Border Procedures at Seaports

1. In cases of force majeure (natural disasters, fires, service provider network interruptions), if the declarant cannot report electronic border procedures at seaports through the electronic border information portal, they shall report directly at the seaport border gatehouse to receive confirmation of completion of the electronic border procedures at seaports.

2. The location for receiving declarations and confirming completion of electronic border procedures at seaports shall be carried out at the seaport border gatehouse.

Article 11. Declaration of Electronic Border Procedures at Seaports

1. When declaring electronic border procedures at seaports, the declarant must use the electronic declaration forms according to Forms No. 1, 2, 3, 4, and 5 attached to this Circular, on the electronic border information portal; the declaration must be complete and accurate and the declarant shall bear legal responsibility for the content declared.

2. In case of receiving a request to re-declare from the seaport border gatehouse, the declarant must follow the instructions and amend or supplement as required by the seaport border gatehouse.

3. After one hour from the time all necessary electronic declarations have been sent to the seaport border gatehouse without receiving feedback, the declarant must immediately notify the seaport border gatehouse where the electronic border procedures at seaports are being processed for verification and handling.

Article 12. Receiving and Processing Information Declarations and Implementing Electronic Border Procedures at Seaports

1. Electronic border procedures at seaports are implemented 24 hours a day. In cases of force majeure (natural disasters, fires, service provider network interruptions), if the seaport border gatehouse cannot implement electronic border procedures at seaports through the electronic border information portal, the border procedures for vessels, ships, and crew members shall be carried out according to the provisions of Government Decree No. 50/2008/NĐ-CP dated April 21, 2008, on management and security protection at seaport border gates.

2. Based on the results of analyzing information from the electronic border data processing system, combined with other sources of information, the seaport border gatehouse accepts or does not accept the implementation of electronic border procedures at seaports for vessels, ships, and crew members and must immediately notify the declarant to proceed and relevant specialized state management agencies at the port to coordinate implementation.

3. Confirmation of completion of electronic border procedures at seaports or notification of refusal to implement electronic border procedures at seaports shall be sent by the seaport border gatehouse through the electronic border data processing system or in writing in cases where electronic receipt is not possible (the document must have a signature and clearly state the name of the responsible person). In the notification of refusal to implement electronic border procedures at seaports, the reasons and measures applied by the seaport border gatehouse for handling must be clearly stated.

4. Confirmation of completion of electronic border procedures at seaports, requests for corrections and supplements to the content of border procedure declarations, and notifications of refusal to implement electronic border procedures at seaports shall be carried out according to Forms 7, 8, 9, and 11 attached to this Circular.

5. Vessels and ships departing or changing ports after receiving confirmation of completion of electronic border procedures at seaports, if there are changes in their itinerary, crew, or passengers (if any), or if they violate Vietnamese laws, must reprocess the border procedures.

6. In cases where vessels and ships show signs of violating Vietnamese laws; vessels and ships have people hiding on board; the content of the declaration is incomplete or inaccurate, the seaport border gatehouse will refuse to implement electronic border procedures at seaports, and simultaneously carry out border procedures for vessels, ships, and crew members according to the provisions of Government Decree No. 50/2008/NĐ-CP dated April 21, 2008, on management and security protection at seaport border gates and conduct direct inspections on board.

The refusal to implement electronic border procedures at seaports shall be decided by the Commandant of the seaport border gatehouse implementing the pilot electronic border procedures at seaports, carried out according to Form 15 attached to this Circular.

Article 13. Correction and Supplement in Border Guard Electronic Form Declaration for Seaports

1. The person handling the procedures may correct and supplement the contents of the declaration on border guard electronic form declarations for seaports in the following cases:

a) Within the latest 01 hour from the time of sending the electronic forms to the border guard checkpoint at the seaport, the person handling the procedures discovers errors and requests corrections and supplements to the declared information according to Form 10 attached as an appendix to this Circular;

b) After completing the border guard electronic procedure for seaports, due to objective reasons, the person handling the procedures updates necessary supplementary information or information required by regulations but arising after the completion of the border guard electronic procedure for seaports according to Form 10 attached as an appendix to this Circular.

c) At the request of the border guard checkpoint at the seaport to correct and supplement the declaration of the border guard procedure.

2. When correcting and supplementing, the person handling the procedures shall implement according to point a and b of Clause 1 of this Article and must clearly state the reason for correction and supplementation.

3. Processing of corrected and supplemented declarations

a) The border guard checkpoint at the seaport decides to accept the correction and supplementation through verification and clarification of the reasons for requesting correction and supplementation by the person handling the procedures;

b) The original declaration and the supplemented and corrected declaration are retained in the border guard electronic data processing system as a basis for checking, comparing, and determining the authenticity of the declaration in the border guard electronic procedure declaration form.

Chapter III

INSPECTION BY THE BORDER GUARD DURING AND AFTER COMPLETION OF THE BORDER GUARD ELECTRONIC PROCEDURE FOR SEAPORTS

Article 14. Inspection Targets

1. Electronic border guard files for seaports and paper files.

2. Actual crew members on board the vessel and passports or documents substituting for passports of the crew members.

Article 15. Forms and Levels of Inspection

During and after the completion of the border guard electronic procedure for seaports, the border guard checkpoint at the seaport may apply the following forms and levels of inspection:

1. Inspect the border guard electronic file for seaports through the electronic data processing system; check and compare the information declared in the border guard electronic file for seaports with the paper file submitted by the person handling the procedures after completing the border guard electronic procedure for seaports and the passports or documents substituting for passports of the crew members through shore activities to detect and handle violations according to the law.

2. Conduct random inspections directly on board the vessel to verify the contents declared in the border guard electronic file for seaports against reality or require the person handling the procedures to present the passports or documents substituting for passports of the crew members after completing the border guard electronic procedure for seaports to assess the level of compliance with the law by the inspected subject.

3. Conduct direct inspections on board the vessel when discovering signs of law violations by vessels, boats, crew members, passengers (if any), incomplete or inaccurate information declared about vessels, boats, crew members, passengers (if any) to handle according to the law.

Article 16. Authority to Decide on the Form and Degree of Inspection

Based on the results of analyzing and evaluating information declared through the electronic border procedure system at seaports and other sources of information, the Commander of the Border Guard Unit at the seaport where the electronic border procedure is implemented decides on the form and degree of inspection or changes the forms and degrees of inspection carried out according to the contents of Clauses 2 and 3 of Article 15 of this Circular.

Chapter IV

IMPLEMENTATION

Article 17. Stages for Implementing the Pilot Electronic Border Procedure at Seaports

1. Stage I will be implemented over a period of 01 year, starting from June 9, 2011 (Decision No. 22/2011/QD-TTg takes effect):

a) The first three months: Organize information dissemination and promotion of the pilot electronic border procedure for organizations and individuals related to seaports selected for the pilot electronic border procedure implementation; build an electronic border information portal to serve the implementation of the pilot electronic border procedure; develop and issue procedures for implementing the electronic border procedure at seaports;

b) Subsequent months: Register participation in the pilot electronic border procedure at seaports for organizations and individuals, and implement the pilot electronic border procedure at seven border guard units at seaports specified in Article 3 of Decision No. 22/2011/QD-TTg.

2. Stage II will be implemented over a period of 01 year (starting from the end of Stage I):

a) The first six months: Summarize experiences, draw lessons, report to the Prime Minister on the process of implementing the pilot electronic border procedure at seaports during Stage I;

b) The following six months: Complete procedures for concluding the pilot electronic border procedure at seaports, serving the implementation nationwide across all seaport border gates; report to the Prime Minister and propose contents for implementation nationwide across all seaport border gates.

Article 18. Implementation Organization

一、边防部队指挥部

a) Take the lead and coordinate with relevant agencies and organizations to implement this Circular;

b) Direct the Border Guard Commands of provinces and cities with border guard units implementing the pilot electronic border procedure at seaports to take the lead and coordinate with the Department of Justice and related functional sectors to advise provincial People's Committees to organize meetings to convey Decision No. 22/2011/QD-TTg and this Circular to all levels and sectors in their localities; organize extensive publicity and dissemination among business enterprises and organizations and individuals related to the community; encourage and support businesses, organizations, and individuals to participate in the pilot electronic border procedure at seaports;

2. Border Guard Units at seaports implementing the pilot electronic border procedure at seaports

a) Take the lead and coordinate with specialized state management agencies at seaports in implementing the pilot electronic border procedure at seaports. Organize the acceptance and processing of registration for enterprises, organizations, and individuals participating in the pilot electronic border procedure at seaports;

b) Provide software and forms; guide installation and declaration of information for those involved in the pilot electronic border procedure at seaports;

c) Provide and share information related to vessels, crew members, and passengers undergoing the electronic border procedure at seaports to specialized state management agencies at seaports for joint implementation; organize data transmission connections with specialized state management agencies at seaports implementing the pilot electronic border procedure at seaports (if required);

3. Specialized state management agencies at seaports implementing the pilot electronic border procedure at seaports

a) Coordinate and create favorable conditions for Border Guard Units at seaports in implementing the pilot electronic border procedure at seaports;

b) Provide and share information related to security and public order concerning vessels, crew members, passengers, and cargo to Border Guard Units at seaports;

c) Coordinate with Border Guard Units at seaports in handling violations by vessels, crew members, passengers, and other organizations and individuals both within and outside the country (when requested);

4. Organizations and individuals participating in declaring the electronic border procedure at seaports.

Strictly comply with the provisions of Decision No. 22/2011/QD-TTg, the contents of guidance in this Circular, and related laws.

Article 19. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. During the implementation process, if there are difficulties, relevant agencies, units, and individuals shall promptly reflect them to the Ministry of National Defense (through the Border Guard Command) for consideration and resolution./.