Joint Circular No. 3320/1997/TTLT/QP-NG guiding the implementation of Decree No. 55/CP dated October 1, 1996 of the Government on the activities of foreign military vessels visiting the Socialist Republic of Vietnam.

JOINT CIRCULAR

Guidelines for implementing Decree No. 55/CP dated October 1, 1996 of the Government on the activities of foreign military vessels visiting the Socialist Republic of Vietnam
On October 1, 1996, the Government issued Decree No. 55/CP on the activities of foreign military vessels visiting the Socialist Republic of Vietnam. This is an important legal document contributing to strengthening and expanding friendly cooperative relations between our country and other countries generally, and between the Vietnam People's Army and the armies of other countries and international military organizations specifically. It serves as a legal basis for protecting national sovereignty and enhancing management of Vietnam’s maritime areas and ports.

To manage the activities of foreign military vessels and their members, the Ministry of National Defense and the Ministry of Foreign Affairs have jointly issued guidelines for the implementation of Decree No. 55/CP as follows:

1- Foreign military vessels visiting the Socialist Republic of Vietnam mentioned in Decree No. 55/CP include: surface ships, submarines, and support vessels belonging to the armed forces of a state or an international military organization permitted by the Socialist Republic of Vietnam to enter Vietnamese ports.

I. GENERAL PROVISIONS

2- Visits include:

a) Official visits are those made by heads of state to the Socialist Republic of Vietnam aboard military vessels in response to invitations from the Socialist Republic of Vietnam.

b) Social visits are those aimed at maintaining and developing friendly relations between the people and military forces of two countries or between the Socialist Republic of Vietnam and international military organizations, or visits agreed upon by both parties that do not fall under the provisions of sub-point a of this point.

c) Routine visits are those conducted for training, military exercises, or performing other tasks as stipulated in agreements signed between the Socialist Republic of Vietnam and the state or international military organization whose vessels are visiting (unless otherwise specified in the agreement), or visits aimed at providing or receiving supplies, technical equipment, fuel, food, or allowing crew rest.

3- Foreign military vessels and their members visiting Vietnam must respect the independence and sovereignty of the Socialist Republic of Vietnam, comply with Vietnamese laws, international treaties to which Vietnam is a party, and fulfill the agreed-upon contents for the visit. They must also follow the guidance of specialized state management agencies in Vietnam.

II. PROCEDURES FOR OBTAINING PERMISSION TO ENTER VIETNAMESE PORTS

1- Regarding procedures:

a) For official visits: At least 15 days before the expected date of arrival at the port, the state or international military organization sending the vessel must notify the Ministry of Foreign Affairs (Consular Department) of the Socialist Republic of Vietnam about the agreed-upon contents related to the visit.

b) The time frame for obtaining permission for foreign military vessels to enter Vietnamese ports according to agreements signed between the Government of the Socialist Republic of Vietnam and the relevant state or international military organization shall be carried out in accordance with the provisions of such agreements.

c) For social and routine visits (excluding the case mentioned in sub-point b), the state or international military organization sending the vessel must submit a diplomatic note and declaration form to the Ministry of Foreign Affairs (Consular Department) or the diplomatic mission or consular office of Vietnam in the host country at least 30 days before the expected date of arrival at the port.

d) The content of the declaration form is attached as a model.

e) After being granted permission to visit, 48 hours before entering Vietnam's territorial waters, the state or international military organization or the Head/Captain of the vessel must notify the Department of External Relations of the Ministry of National Defense to organize reception, while maintaining communication with the Port Authority where the vessel will dock according to the agreed frequency. The Department of External Relations of the Ministry of National Defense is responsible for immediately notifying the Consular Department of the Ministry of Foreign Affairs to coordinate and direct the reception arrangements.

In cases where there are changes to the previously agreed-upon contents in the declaration form, the Head/Captain of the vessel must notify the Consular Department of the Ministry of Foreign Affairs (if it is an official visit) or notify the Department of External Relations of the Ministry of National Defense (for routine and social visits) for resolution before the vessel enters the port.

When entering Vietnam's territorial waters to dock at a Vietnamese port, foreign military vessels must comply with the provisions of Article 7 of Decree No. 55/CP and the regulations governing maritime activities at Vietnamese ports and maritime zones.

2- When foreign military vessels enter the port, the ship's liaison officer must contact the port reception organizing committee's liaison officer to unify ceremonial activities. For vessels conducting routine visits and technical docking, the ship's liaison officer needs to contact the Port Authority to ensure compliance with the agreed-upon requirements.

III. ACTIVITIES OF THE VESSEL AND MEMBERS ON BOARD

1- Activities of the vessel at Vietnamese ports:

a) Comply with Vietnamese laws and the guidance of the Port Authority regarding entry and exit procedures, movement, anchoring, berthing, unberthing, alongside operations, cargo handling and receipt; information communication, security, fire prevention, environmental pollution control... during the visit period.

b) When anchored at the port, the use of other means of transportation on board the vessel for travel must be approved by the Head of the Reception Organizing Committee; the Head of the Reception Organizing Committee will immediately inform the Port Authority and the Border Guard Post at the port.

c) All activities of the vessel must be uniformly carried out according to the agreed-upon program; if any issues arise, the Head/Captain of the vessel must report to the Head of the Reception Organizing Committee for approval.

2- Activities of members on board the vessel:

2- Activities of members on board the vessel:

a) Members on board may only go ashore after completing entry procedures; the Border Guard Post at the port gate will issue shore leave permits to members of the group based on the application for going ashore submitted by the Group Leader/Captain. When going ashore, members must travel in groups; military personnel must wear uniforms; they are not allowed to carry weapons (except in parades or exercises according to planned programs) and must follow the guidance of the Border Guard Post at the port gate and local authorities.

b) In case of requests for sightseeing or tourism outside the planned program, the Group Leader/Captain must submit an application for permission to the Reception Organizing Committee; the application must clearly state the composition, number of members in the group, location, time, means of transportation, and ensure all costs. Such requests can only be carried out after approval from the Ministry of National Defence of Vietnam.

3- Foreign military vessels conducting routine visits to receive materials, technical equipment, fuel, food supplies, etc., after completing entry procedures, the Captain shall contact the Port Authority to ensure requirements according to the agreed content through service agents at the port and must complete all customs procedures and other legal requirements of Vietnam. The Navy Command has the responsibility to coordinate with the provincial foreign affairs agency where the vessel docks to welcome the vessel according to the agreed content.

IV. RESPONSIBILITIES OF FUNCTIONAL AUTHORITIES AND LOCAL ADMINISTRATIONS WHERE THE VESSEL IS VISITING
LOCAL AUTHORITIES AT THE PORT OF CALL

1- Ministry of Foreign Affairs:

a) Transmit diplomatic notes informing the invitation of the Socialist Republic of Vietnam to relevant countries and international military organizations for official visits.

b) Receive diplomatic notes from countries and international military organizations requesting permission for their delegations to visit Vietnam. Based on the actual situation, purpose, nature, and content of the visit, and the relationship between our country and the visiting country or organization, the Ministry of Foreign Affairs will present to the Government for decision. Before presenting to the Government, the Ministry of Foreign Affairs will organize consultations with the Ministry of National Defence, related Ministries, and localities involved in the visit.

c) Inform the country or international military organization whose vessel is requesting permission to visit Vietnam about: The decision of the Socialist Republic of Vietnam regarding the content of permission, the program plan for the delegation's work in Vietnam, the Head of the Reception Committee of Vietnam, and the raising of the Vietnamese flag on the vessel.

d) Coordinate with the Ministry of National Defence in implementing reception activities and proposing the establishment of a Reception Committee for official visits.

đ) Resolve consular issues during the delegation's visit.

e) Perform other tasks assigned by the Government.

2- Ministry of National Defence:

a) Present to the Government for decision and organize the implementation of the Government's decision on welcoming social and routine visits by delegations from countries and international military organizations arriving in Vietnam by military vessels;

b) Propose to the Government on the establishment of a Reception Committee after receiving opinions from the Ministry of Foreign Affairs, related Ministries, and the People's Committee of the province where the vessel docks; notify the Government's decision on assigning responsibilities to related Ministries, Departments, and localities to ensure the visit is completed no later than seven days before the vessel arrives at the pilot station;

c) Direct the Reception Committee, functional agencies of related Ministries, and the People's Committee of the province where the vessel docks on organizing and implementing reception activities, necessary ceremonies to welcome, host, and see off foreign military vessels during their visit, and resolve any issues arising during the visit;

d) Participate in providing opinions for the Ministry of Foreign Affairs to present to the Government for decision on official visits invited by the Socialist Republic of Vietnam;

đ) Supervise and inspect the preparation and implementation of the Reception Committee's plans by related Ministries, Departments, and localities where the delegation is visiting;

e) Handle entry and exit formalities for the vessel and its crew;

g) Manage all activities of foreign military vessels and their crew during their visit in Vietnam.

3- Local Administration:

a) The People's Committee of the province where the vessel is visiting shall direct relevant departments within its authority to organize the welcoming, hosting, and seeing off of the delegation and ensure safety for people and means of transportation during the visit based on the Government's decision and guidance from the Ministry of National Defence and the Ministry of Foreign Affairs.

b) The People's Committee of the province where the vessel is visiting may mobilize human resources and means of transportation from units stationed in the locality to participate in welcoming, seeing off, and ensuring safety for delegations during the visit.

4- Reception Committee and Liaison Officers:

a) Official visits are conducted according to State ceremonial regulations stipulated in Decree No. 186/HĐBT dated June 2, 1992 of the Council of Ministers (now the Government) on "Regulations on Certain State Ceremonies and Receptions for Foreign Guests."

b) For social visits, the Reception Committee is established by the Ministry of National Defence.

Composition includes: Representatives of the People's Committee of the province where the delegation is visiting; the Consular Department, Protocol Department (Ministry of Foreign Affairs); the Provincial Department of Foreign Affairs (where the delegation is visiting); the International Relations Department, Border Guard Command, Naval Command... (Ministry of National Defence), liaison officers designated by the Ministry of National Defence.

Duties and powers of the Reception Committee:

The Reception Committee is established to organize the welcoming, hosting, and seeing off of delegations visiting Vietnam and disbanding after the delegation concludes its visit.

Develop a program plan for organizing the welcoming, hosting, and seeing off of delegations; ensure necessary funds for the execution of duties.

Take the lead in coordinating with relevant agencies to unify and guide the implementation of the program plan to ensure the activities of the delegation.

Receive proposals from the delegation to handle or report to the Ministry of National Defence for resolution of any issues arising during the visit.

Report the results of the visit to the International Relations Department of the Ministry of National Defence for the Ministry of National Defence to report to the Government.

Members of the Board operate according to the division of labor assigned by the Chairman and in accordance with the functions and tasks assigned by their respective agencies or units.

5- The Ministry of National Defense and the Ministry of Foreign Affairs shall be responsible for assisting the People's Committee of the province in directing the Reception Committee to implement the program and plan of the foreign military vessel's visit to Vietnam in accordance with their authority.

V. VIOLATION HANDLING

1- For the vessel: A foreign military vessel visiting Vietnam that violates the law will be handled according to Vietnamese law, except where international treaties to which Vietnam is a party provide otherwise.

2- For members on board: All acts violating Vietnamese law shall be handled according to Vietnamese law, except where international treaties to which Vietnam is a party provide otherwise.

3- The state or international military organization whose flag the vessel flies shall be responsible for all damages caused by the vessel and its members.

The Head of Delegation/Captain shall be responsible for the consequences resulting from the violation of Vietnamese law by members on board during the visit in Vietnam.

4- The authority to handle violations shall be carried out in accordance with Vietnamese law.

VI. IMPLEMENTATION

1- The Ministry of National Defense, together with the Ministry of Foreign Affairs, shall guide the People's Committee of the province where the vessel visits and relevant ministries, sectors, and localities to coordinate in organizing the implementation of this Circular.

2- The Ministry of National Defense shall take the lead in coordinating with relevant ministries, sectors, and the People's Committee of the province where the vessel visits to ensure the successful execution of the visit; simultaneously, it shall compile and report to the Government on the results of foreign military vessel visits to Vietnam.

3- The People's Committee of the province where the vessel visits shall create favorable conditions for the Reception Committee to complete its assigned tasks.

4- This Circular shall take effect fifteen days from the date of signature./.

FOREIGN WARSHIP CLEARANCE FORM
VISITING THE SOCIALIST REPUBLIC OF VIETNAM

(Accompanied by Note No. dated )

CLEARANCE FORM OF FOREIGN WARSHIP VISITING
THE SOCIALIST REPUBLIC OF VIETNAM

(Enclosed with Note No. dated )

1- Ship name, type, registration number/Name, type and registration number of ship:

............................................................

2- Place of registration/Place of registration:

............................................................

3- Call sign, horsepower, maximum speed/Call sign, horse power, maximum speed:

............................................................

4- Maximum length/Maximum length:

............................................................

5- Width/Width:

............................................................

6- Capacity/Capacity:

............................................................

7- Port of departure/Port of departure:

............................................................

8- Next port call/Next port call:

............................................................

9- Purpose of visit/Purpose of visit:

............................................................

10- Flying of flag(s)/Flying of flag(s):

............................................................

11- Name, rank, title of the Head of delegation/Captain:

- Name, rank, title of the Head of delegation/Captain:

............................................................

12- Crews list/Member list on board:

+ Officers/Officers:...

+ Non-commissioned officers/Non-commissioned officers:...

+ Soldiers/Soldiers:...

13- Accompanying people/Others accompanying:

............................................................

14- Communication means/Communication means:

............................................................

15- Frequencies/Frequencies:

............................................................

16- Amount of weapon and other military equipment on board/Amount of weapon and other military equipment on board:

- Amount of weapon and other military equipment on board/Amount of weapon and other military equipment on board:

............................................................

17- Expected time of arrival at the points of pilot pick up and return/Expected time of arrival at the points of pilot pick up and return:

- Expected time of arrival at the points of pilot pick up and return/Expected time of arrival at the points of pilot pick up and return:

............................................................

18- Proposed anchorage/Proposed anchorage:

............................................................

19- Time of anchorage/Time of anchorage:

............................................................

20- Expected date of departure/Expected date of departure:

21- Programme of ship/crews/accompanying people/Programme of ship/crews/accompanying people:

- Programme of ship/crews/accompanying people/- Programme of ship/crews/accompanying people:

............................................................

............................................................

............................................................

............................................................

22- Cargo (if any)/Cargo (if any):

............................................................

23- Request for fuel, food/Request for fuel, food:

............................................................

24- Additional/special request/Additional/special request:

............................................................

Done on

Done on

(Seal)