Decision No. 22/2011/QD-TTG On the Implementation of Pilot Electronic Border Procedures at Seaports

Pursuant to …;

On the implementation of pilot electronic border procedures at seaports

 ______________________

PRIME MINISTER

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

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

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

Pursuant to Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on management of seaports and maritime channels;

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

Upon the proposal of the Minister of National Defense,

DECISION:

Article 1. Scope of Regulation and Applicability

1. This Decision stipulates the application of pilot electronic border procedures at seaports managed by border guard units at seaports as specified in Article 3 of this Decision.

2. This Decision applies to border guard units at seaports managing the seaports as specified in Article 3 of this Decision, and Vietnamese vessels departing and arriving; foreign vessels, ships, and crew members entering, exiting, transiting, and changing ports at those seaports.

This Decision does not apply to foreign vessels of agencies, organizations, and individuals enjoying privileges and immunities under the law; foreign nuclear-powered merchant ships; foreign military vessels visiting the Socialist Republic of Vietnam; and Vietnamese fishing vessels.

Article 2. Principles for implementing pilot electronic border procedures at seaports

1. Electronic border procedures at seaports must ensure equality, safety, and compliance with legal regulations in electronic transactions; protect the legitimate rights and interests of agencies, organizations, and individuals, the State's interests, and public interests.

2. Electronic border procedures at seaports must ensure transparency, speed, and convenience; the sequence of procedures and border documents must comply with Vietnamese laws on entry and exit. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall be implemented according to the treaty.

3. Border guards at seaports shall implement and complete border procedures based on electronic documents (electronic declarations as specified in Clause 4, Article 4 of this Decision) declared by the person handling the procedure.

Based on the results of information analysis from the database of border guards at seaports and other sources, border guards at seaports shall confirm completion of border procedures; refuse entry, exit, transit, and port changes; conduct direct inspections on vessels and ships when there are signs of law violations, or when declarations about vessels, ships, and crew members are incomplete or inaccurate.

Article 3. Units of border guards at seaports permitted to implement pilot electronic border procedures at seaports

The Ministry of National Defense is authorized to implement pilot electronic border procedures at seaports in the following seven border guard units at seaports:

1. Command of Border Guard at Hai Phong Seaport under the People's Armed Border Force Command of Hai Phong City – People's Armed Border Force Command;

2. Command of Border Guard at Da Nang Seaport under the People's Armed Border Force Command of Da Nang City – People's Armed Border Force Command;

3. Command of Border Guard at Vung Tau Seaport under the People's Armed Border Force Command of Ba Ria-Vung Tau Province – People's Armed Border Force Command;

4. Command of Border Guard at Sai Gon Seaport under the People's Armed Border Force Command of Ho Chi Minh City – People's Armed Border Force Command;

5. Border Post of Ha Long Seaport under the People's Armed Border Force Command of Quang Ninh Province – People's Armed Border Force Command;

6. Border Post of Qui Nhon Seaport under the People's Armed Border Force Command of Binh Dinh Province – People's Armed Border Force Command;

7. Border Post of Nha Trang Seaport under the People's Armed Border Force Command of Khanh Hoa Province – People's Armed Border Force Command.

Article 4. Content of the pilot implementation of electronic border procedures for seaports

1. Units of Border Guard checkpoints at seaports under the Border Guard Force - Ministry of National Defense; ship owners, ship managers, ship operators, or authorized persons... (hereinafter collectively referred to as the person handling the procedure) from Vietnam and foreign countries shall handle entry, exit, transit, and port change procedures for persons, ships, and vessels specified in Article 3 of this Decision, using the Internet to declare, receive, process information, and confirm completion of border procedures for persons, ships, and vessels as stipulated herein.

2. Electronic border procedures for seaports shall be carried out according to the content published on the Government's online portal or the website of the issuing agency or the administrative procedure handling agency.

3. The location for receiving declarations and confirming the completion of electronic border procedures shall be conducted at the Border Guard checkpoint office at seaports in accordance with Clause 1, Article 7 of Decree No. 50/2008/ND-CP dated April 21, 2008 of the Government on management and security protection at seaport checkpoints.

4. Standard formats of forms (electronic declarations) in the electronic border file shall be prescribed by the Ministry of National Defense, including: general declaration form; crew list; passenger list (if applicable); dangerous goods, weapons, explosives declaration form (if applicable); stowaway declaration form (if applicable).

The content of electronic declaration forms must be consistent with the content of paper declaration forms as currently prescribed.

Information declared in the electronic border file has the same value as information declared in the paper file.

5. Ships and vessels that have been confirmed to have completed border procedures and other specialized agencies' procedures at the seaport checkpoint may commence cargo loading/unloading and other activities according to their program and plan; crew members of those ships and vessels are permitted to go ashore immediately after the ship or vessel safely docks at the wharf or other positions within the port waters.

6. Ships and vessels that have been confirmed to have completed border procedures and are departing or changing ports, but have changes in the crew or violations of Vietnamese laws must re-handle border procedures. These ships and vessels are only allowed to leave the port when all issues related to the ship, crew members, passengers, and cargo have been resolved.

7. After completing the electronic border procedure, the person handling the procedure must submit the paper file (as prescribed in Article 8 of Decree No. 50/2008/ND-CP dated April 21, 2008 of the Government on management and security protection at seaport checkpoints). Violations concerning departure, entry, transit, and port change; incomplete or inaccurate declarations will be handled according to Vietnamese laws.

Article 5. Time limit for electronic border procedures for seaports

1. At least eight hours before the expected arrival at the port and two hours before the expected departure from the port, information related to ships, vessels, crew members entering, exiting, transiting, and changing ports; imported, exported, transited, and changed port goods at seaport checkpoints must be declared by the person handling the procedure according to the prescribed forms in the electronic border procedure file.

2. Within two hours after the ship or vessel has docked at the wharf or other positions within the port waters, the person handling the procedure must submit the paper file to the Border Guard checkpoint at the seaport.

If there are no changes in the crew and no violations of Vietnamese laws, within two hours after the ship or vessel leaves the port, the person handling the procedure must submit the paper file to the Border Guard checkpoint at the seaport.

3. Within one hour from the time of receiving all the information declared by the person handling the procedure in the electronic file, the Border Guard checkpoint at the seaport must confirm the completion of the border procedure or notify refusal of entry, exit, transit, port change, and direct inspection on board to the person handling the procedure and specialized management agencies at the port.

Article 6. Responsibilities of Ministries, sectors; People's Committees of provinces and cities; relevant units, organizations, and individuals in implementing the pilot electronic border procedure for seaports.

1. Responsibilities of the Ministry of National Defense

a) Take the lead and coordinate with relevant Ministries, sectors; People's Committees of provinces and centrally governed cities; the Steering Committee for the Implementation of the FAL 65 Convention of the Government in organizing the implementation of the pilot electronic border procedure for seaports.

Organize propaganda within the business community; relevant organizations and individuals, encourage and support businesses, organizations, and individuals when requested, cooperate with relevant Ministries and sectors to inspect and handle arising difficulties.

b) Issue guiding documents for the implementation of the pilot electronic border procedure for seaports.

Direct and inspect the Border Guard Force in implementing the pilot electronic border procedure for seaports; organize training, instruct, and arrange staff with sufficient qualifications, capabilities, and experience to meet the requirements of implementing the pilot electronic border procedure for seaports and the process of officially implementing the electronic border procedure for seaports nationwide if approved by the Prime Minister.

c) Ensure funding and necessary conditions regarding infrastructure and equipment for the implementation of the pilot electronic border procedure for seaports.

d) Summarize, conclude, evaluate, and report to the Government on the results of implementing the pilot electronic border procedure for seaports.

đ) Propose and issue mechanisms, policies, timelines, funding, infrastructure, and equipment for officially implementing the electronic border procedure for seaports at the national seaport gateways managed by the Ministry of National Defense.

2. Responsibilities of relevant Ministries and sectors

The Ministry of Information and Communications, the Ministry of Transport, the Ministry of Health, and other relevant Ministries and sectors, within their respective duties and authorities, have the responsibility to direct and guide specialized state management agencies under their jurisdiction to cooperate with the Border Guard Force in implementing the pilot electronic border procedure for seaports.

3. Responsibilities of the People's Committee of the province or centrally governed city where the pilot electronic border procedure for seaports is implemented.

Within their respective duties and authorities, the People's Committee of the province or centrally governed city has the responsibility to direct and guide local functional departments where the pilot electronic border procedure for seaports is implemented to cooperate and create favorable conditions for the Border Gate Guard as stipulated in Article 3 of this Decision to implement the pilot electronic border procedure for seaports locally.

4. Responsibilities of the Border Gate Guard

a) Provide software, forms; guide installation and information declaration for those participating in the pilot electronic border procedure for seaports.

b) Provide and share information related to vessels, crew members involved in the electronic border procedure for seaports to specialized state agencies at the seaport gateways.

c) Take the lead and coordinate with specialized state management agencies at seaports and local authorities in propaganda and implementing the pilot electronic border procedure for seaports.

d) Conduct direct inspections on vessels when there are signs of law violations, incomplete or inaccurate information declarations about vessels and crew members; handle law violations and incomplete or inaccurate information declarations according to the law.

5. Responsibilities of organizations and individuals in implementing the electronic border procedure for seaports

Organizations and individuals must bear legal responsibility for the accuracy and truthfulness of the content declared in the electronic border procedure for seaports; strictly comply with regulations and guidance and be subject to inspection and handling of violations by the Border Gate Guard.

Article 7. Effective Date

1. This Decision takes effect from June 9, 2011.

2. The period for implementing the pilot electronic border procedure for seaports is two years from the date this Decision takes effect, including two stages:

a) Stage I will be implemented for one year, starting from the date this Decision takes effect.

b) Stage II will be implemented for one year (starting from the end of Stage I):

- The first six months: summarize, draw lessons, report to the Prime Minister on the implementation process of the pilot electronic border procedure for seaports during Stage I;

- The next six months: complete procedures to conclude the implementation of the pilot electronic border procedure for seaports, serving the implementation across the entire national seaport gateway system; report to the Prime Minister and propose contents for implementation across the entire national seaport gateway system.

Article 8. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally governed city People's Committees, and relevant organizations and individuals are responsible for enforcing this Decision./.