Circular No. 49/2017/TT-BQP guides the implementation of Decision No. 10/2016/QĐ-TTg dated March 3, 2016, of the Prime Minister on the procedures for electronic border control at seaports.

CIRCULAR

GUIDELINES FOR IMPLEMENTING DECISION NO. 10/2016/QD-TTg OF THE GOVERNMENT PRIME MINISTER ON IMPLEMENTATION OF ELECTRONIC BORDER PROCEDURES AT SEAPORTS

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

Pursuant to Decision No. 10/2016/QD-TTg dated March 3, 2016 of the Government Prime Minister on implementation of electronic border procedures at seaports;

Pursuant to Decision No. 34/2016/QD-TTg dated August 23, 2016 of the Government Prime Minister on procedures for electronic processing of vessels entering and leaving seaports, inland waterway ports, and offshore oil ports through the National Single Window Mechanism;

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

The Minister of National Defense issues this Circular guiding the implementation of Decision No. 10/2016/QD-TTg dated March 3, 2016 of the Government Prime Minister on implementation of electronic border procedures at seaports.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed guidance on:

2. Forms used in implementing electronic border procedures.

3. Use of electronic signatures (digital signatures) of agencies, units, individuals within the Border Guard and those handling procedures in implementing electronic border procedures.

4. Issuance, suspension, and cancellation of access accounts to the Electronic Border Procedure Portal (hereinafter referred to as the Portal).

5. Connection between the Portal and the National Single Window Portal to serve the implementation of the National Single Window Mechanism.

6. Responsibilities of agencies, units, organizations, and individuals related to the implementation of electronic border procedures.

Article 2. Applicability

1. This Circular applies to the subjects specified in Clause 1, Article 2 of Decision No. 10/2016/QD-TTg dated March 3, 2016 of the Government Prime Minister on implementation of electronic border procedures at seaports(hereinafter referred to as Decision No. 10/2016/QD-TTg).

2. This Circular does not apply to the subjects specified in Clause 2, Article 2 of Decision No. 10/2016/QD-TTg.

Article 3. Access address to the Portal and forms in the electronic border procedure file

1. Organizations and individuals implementing electronic border procedures shall access the Portal at the address http://thutucbienphong.gov.vn.

2. Forms used in implementing electronic border procedures shall be carried out according to the forms attached as an appendix to this Circular.

Article 4. Use of electronic signature in implementing electronic border procedures

1. Agencies, units, and individuals within the Border Guard

The use of electronic signature shall be implemented in accordance with Circular No. 08/2016/TT-BQP dated February 1, 2016 of the Minister of National Defense on provision, management, and use of services for digital signature certification dedicated to Party and State agencies, political-social organizations.

2. Persons handling procedures

a) Must use an electronic signature when declaring the electronic border procedure file (hereinafter referred to as the electronic file) on the Portal;

b) The electronic signature must be a digital signature issued by legitimate service providers of digital signature certification and registered with the Portal at the address http://thutucbienphong.gov.vn.

c) After registering the electronic signature, the person handling the procedure uses the electronic signature together with the access account to the Portal issued to declare the electronic file;

3. As of July 1, 2017, when handling entry, exit, and transit procedures for vessels, persons who have registered to use electronic signatures on the Portal or the National Single Window Portal do not need to submit to the Port Border Guard the following documents:

a) General declaration form;

b) Crew list;

c) Passenger list (if applicable);

d) Dangerous goods declaration form, weapons, explosives (if applicable);

đ) Declaration form of persons hiding on board the vessel (if applicable).

Article 5. Issuing access accounts to the Portal; suspending and terminating access accounts to the Portal for persons handling procedures

1. The Commandant of the Border Guard Port Gate, the Station Commander of the Border Guard Port Gate shall decide on issuing access accounts to the Portal; suspending and terminating access accounts to the Portal for persons handling procedures as stipulated in Clauses 2 and 3 of this Article.

2. Procedures for issuing access accounts to the Portal for persons handling procedures

a) Persons handling procedures submit a request for issuing an access account to the Portal according to Form No. 12 attached hereto to the Border Guard Port Gate via postal service or directly at the Border Guard Port Gate's office;

b) Within 03 (three) working days from the date of receipt of the request from the person handling procedures, the Border Guard Port Gate must issue a written response, following Form No. 13 attached hereto;

c) In case of refusal to issue an account, the Border Guard Port Gate must notify in writing and specify the reasons, following Form No. 14 attached hereto;

d) A person handling procedures working for multiple agencies or enterprises may be issued two or more accounts. Based on the written requests of the managing agencies or enterprises, the Border Guard Port Gate issues and manages the accounts.

3. The Border Guard Port Gate may only suspend and terminate access accounts to the Portal for persons handling procedures in the following cases:

a) The managing agency or enterprise of the person handling procedures has a written request to suspend and terminate the account of the person handling procedures, following Form No. 16 attached hereto;

b) The person handling procedures violates the laws on implementing electronic border procedures;

When suspending and terminating access accounts to the Portal for persons handling procedures, the Border Guard Port Gate must notify in writing and specify the reasons to the managing agency or enterprise of the person handling procedures and the individual person handling procedures, following Form No. 15 attached hereto.

Chapter II

IMPLEMENTATION OF ELECTRONIC BORDER PROCEDURES; INSPECTION OF BORDER PROCEDURES PRIOR TO AND AFTER IMPLEMENTATION OF ELECTRONIC BORDER PROCEDURES

Section 1

IMPLEMENTATION OF ELECTRONIC BORDER PROCEDURES THROUGH CONNECTION BETWEEN THE PORTAL AND THE NATIONAL SINGLE WINDOW PORTAL

Article 6. Content and mechanism of connection between the Portal and the National Single Window Portal

1. Content of connection

The Portal connects with the National Single Window Portal to implement electronic border procedures for Vietnamese vessels entering and exiting; foreign vessels, crew members entering, exiting, transiting, and changing ports; domestic sea vessels operating inland routes at port gateways, inland waterway ports, and offshore oil and gas ports as prescribed by the National Single Window Mechanism.

2. Connection mechanism

The Portal connects with the National Single Window Portal through a system of equipment, network systems, and connecting software, including:

a) System of equipment and network systems: Server system, storage system, network devices, data transmission lines, and auxiliary devices installed and configured to serve physical connection between the Portal system and the National Single Window Portal system;

b) Connecting software: Application software, system software, and supporting software installed on the server system to serve the process of transmitting and processing data between the two Portals.

3. Receiving, processing, forwarding, and responding to information

a) Persons handling procedures declare electronic files on the National Single Window Portal;

b) The National Single Window Portal receives electronic files and forwards them to the Portal;

c) The Portal receives, processes information in the electronic file, and returns the processing result to the National Single Window Portal;

d) The National Single Window Portal returns the processing result of the electronic file of the Border Guard Port Gate to the person handling procedures.

Article 7. Implementation of electronic border procedures through the National Single Window Portal

1. Electronic border procedures shall be carried out through the National Single Window Portal for Vietnamese vessels entering and exiting; foreign vessels, crew members entering and exiting, transiting; sea vessels operating on domestic routes at seaports, inland waterway ports, offshore oil ports in accordance with Articles 5, 6, 7, 8, 9, 10, 12, and 13 of Decision No. 34/2016/QĐ-TTg dated August 23, 2016 of the Government on electronic procedures for vessels entering and leaving seaports, inland waterway ports, offshore oil ports through the National Single Window Mechanism.

2. Electronic border procedures for vessel port changes

b) During the period of completing the connection mechanism and content, electronic border procedures for vessels changing ports shall be implemented through the Portal in accordance with Article 11 of this Circular.

3. After vessels complete electronic border procedures through the National Single Window Portal

a) Foreign vessels, Vietnamese individuals, foreigners, and those controlling foreign vessels may carry out activities stipulated in Clauses 3 and 4 of Article 6 of Decision No. 10/2016/QĐ-TTg;

b) Individuals handling procedures must submit and present paper documents to the Port Border Guard according to Clause 5 of Article 6 and Article 7 of Decision No. 10/2016/QĐ-TTg.

4. Individuals handling procedures and the Port Border Guard shall amend and supplement electronic files in accordance with Article 15 of this Circular.

Section 2

IMPLEMENTATION OF ELECTRONIC BORDER PROCEDURES THROUGH THE PORTAL

Article 8. Cases of implementing electronic border procedures through the Portal

1. The National Single Window Portal has technical issues.

2. Implementing entry, exit, transit, and port change procedures for:

a) Foreign vessels powered by nuclear energy or carrying radioactive materials;

b) Foreign vessels arriving at ports to conduct scientific research, fishing, rescue, salvage, towing support operations, cultural, sports, marine construction, surveying, exploration, resource exploitation, and other environmental activities within Vietnam's maritime areas;

c) Sailing vessels, sports vessels, yachts with crew numbers as prescribed by maritime laws.

Article 9. Time of commencement and completion of electronic border procedures

1. The time of commencement of electronic border procedures is determined from the moment the Port Border Guard receives all electronic documents through the Portal.

2. The time of completion of electronic border procedures is determined when the individual handling the procedure receives confirmation of the completion of electronic border procedures through the Portal.

Article 10. Forms for electronic declaration of file sets; forms for confirmation of completion of electronic border procedures

1. The person handling the electronic declaration of file sets shall use the following forms:

a) General Declaration Form implemented according to Form No. 01 attached as Appendix to this Circular;

b) Crew List implemented according to Form No. 02 attached as Appendix to this Circular;

c) Passenger List (if applicable) implemented according to Form No. 03 attached as Appendix to this Circular;

d) Dangerous Goods, Weapons, and Explosive Materials Declaration Form (if applicable) implemented according to Forms No. 4a and 4b attached as Appendix to this Circular;

đ) Declaration Form for Persons Concealed on Board Ship (if applicable) implemented according to Form No. 05 attached as Appendix to this Circular.

2. The Border Guard at the port customs checkpoint confirms the completion of electronic border procedures using the following forms:

a) Confirmation of Completion of Electronic Border Procedures for Vessels Entering, Transiting, or Arriving at Another Port implemented according to Form No. 06 attached as Appendix to this Circular;

b) Confirmation of Completion of Electronic Border Procedures for Vessels Departing or Moving to Another Port implemented according to Form No. 07 attached as Appendix to this Circular.

3. After receiving the confirmation of completion of electronic border procedures, the person handling the procedures must submit and present the paper file set in accordance with Clause 5, Article 6 and Article 7 of Decision No. 10/2016/QĐ-TTg.

Article 11. Implementation of Electronic Border Procedures for Vessels Changing Ports

1. Vessels changing ports have related documents concerning the vessel, crew members, and passengers on board

a) The Border Guard at the departure port must prepare the vessel's change-of-port file in paper form to be transferred aboard the vessel to the Border Guard at the arrival port;

b) At the departure port, no later than one hour before the vessel leaves the port, the person handling the procedures must go to the office of the Border Guard at the departure port to receive the paper file of the vessel changing ports, which will be handed over to the shipmaster to transfer to the Border Guard at the arrival port;

c) At the arrival port, no later than two hours after the vessel has safely moored at the wharf, or four hours after the vessel has safely moored at another location within the port waters, the person handling the procedures must submit the paper file of the vessel changing ports to the Border Guard at the arrival port;

d) The shipmaster is responsible for managing the crew members, passengers, and cargo on board the vessel; maintaining the sealed state and the change-of-port file of the Border Guard at the departure port.

2. Vessels changing ports between ports that implement electronic border procedures and ports that do not implement electronic border procedures

a) At ports implementing electronic border procedures:

The Border Guard at the port and the person handling the procedures shall implement electronic border procedures for vessels changing ports;

Before the vessel leaves the port, the Border Guard at the port prepares the vessel's change-of-port file in paper form to be transferred aboard the vessel to the Border Guard at the arrival port;

b) At ports that do not implement electronic border procedures:

The change-of-port procedures shall be carried out in accordance with Articles 8, 10, and 11 of Decree No. 50/2008/NĐ-CP dated April 21, 2008 of the Government on management and security protection at marine port customs checkpoints.

Article 12. Implementation of electronic border procedures for international cruise ships

1. Electronic border procedures shall be implemented for foreign vessels and crew members.

2. For Vietnamese passengers and crew members, border procedures shall be directly carried out on board the vessel in accordance with Clause 2, Article 7 of Decree No. 50/2008/NĐ-CP dated April 21, 2008 of the Government on management and security protection at marine port gates.

Article 13. Implementation of electronic border procedures for vessels entering and exiting at offshore oil ports and areas outside the maritime port waters

1. Vessels entering and exiting at offshore oil ports

After completing the electronic border procedure, within no more than 24 (twenty-four) hours, upon returning to shore, the person handling the procedure must submit one (one) original copy: General declaration form; Crew list; Passenger list - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).; Dangerous goods, weapons, and explosives declaration form - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).; Declaration of persons hiding on board the ship (if applicable).

2. Foreign vessels entering and exiting in areas outside the maritime port waters

a) Before implementing the electronic border procedure for foreign vessels arriving in areas outside the maritime port waters to conduct scientific research, fishing, rescue, salvage, towing assistance, training, cultural activities, marine construction, surveying, exploration, resource exploitation, and environmental activities, the person handling the procedure must submit to the Border Guard Port Gate one (one) copy of the permit or approval document from the competent authority of Vietnam allowing the vessel to enter the port;

b) Within no more than 24 (twenty-four) hours, upon returning to shore, the person handling the procedure must submit one (one) original copies of the documents specified in Clause 1 of this Article.

Article 14. Implementation of border procedures in case of information portal failure

In case of information portal failure, the border procedures shall be carried out in accordance with Clause 7, Article 6 of Decision No. 10/2016/QĐ-TTg.

Article 15. Amending and supplementing electronic files

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

a) Discovering errors or updating additional information that needs to be reported in the electronic file after receiving confirmation of completion of the electronic border procedure;

Submitting the amended and supplemented electronic file to the Border Guard Port Gate for processing according to Form No. 09 attached to this Circular;

The time limit for submitting and confirming the completion of the electronic border procedure for amended and supplemented electronic files shall be carried out in accordance with Point b, Clause 2, Article 7 of Decision No. 10/2016/QĐ-TTg.

b) Complying with the Border Guard Port Gate's request to amend and supplement the content of the electronic file, in accordance with Form No. 08 in the attached Appendix of this Circular.

2. Processing of amended and supplemented files

a) The Border Guard Port Gate accepts the amended and supplementary content of the electronic file through verification and clarification of the reasons for requesting amendments and supplements by the person handling the procedure;

b) The electronic file before and after amendment and supplementation shall be retained in the electronic border data processing system for the purpose of inspection, comparison, and determination of the authenticity of the electronic file declaration by the person handling the procedure.

Article 16. Revocation of Electronic Files

At the request of the person handling procedures through the Portal, the Border Guard Post Port Authority shall check and verify information, allowing the person handling procedures to revoke electronic files after confirming the completion of electronic border procedures in the following cases:

1. Vessels entering or transiting change their route and do not arrive at the port.

2. Vessels change their route from port transfer to departure.

3. Vessels change their route from departure to port transfer.

4. For vessels changing their route from port transfer to departure and from departure to port transfer, after being permitted to revoke electronic files, the person handling procedures shall carry out electronic border procedures for vessels departing or transferring ports according to the changed route.

Article 17. Refusal to Implement Electronic Border Procedures

1. The Commander of the Border Guard Post Port Command, the Post Commander of the Border Guard Post Port shall issue a decision and notify the person handling procedures about the refusal to implement electronic border procedures if there is one of the reasons specified in Clause 2, Article 5 of Decision No. 10/2016/QĐ-TTg;

The Commander of the Border Guard Post Port Command, the Post Commander of the Border Guard Post Port must bear responsibility under the law for their decisions.

2. The decision to refuse to implement electronic border procedures shall be carried out according to Model No. 10 attached as an appendix to this Circular.

3. Notifying the person handling procedures about the refusal to implement electronic border procedures shall be done through the Portal or by written notice according to Model No. 11 issued with this Circular.

Section 3

BORDER GUARD CHECKS DURING AND AFTER IMPLEMENTATION OF ELECTRONIC BORDER PROCEDURES

Article 18. Subjects of Border Guard Checks During and After Implementation of Electronic Border Procedures

1. Electronic files and paper files.

2. Passports and international travel documents of crew members and passengers.

3. Actual crew members and passengers on board the vessel.

Article 19. Forms of Border Guard Checks During and After Implementation of Electronic Border Procedures

1. Checking electronic files through the electronic border data processing system at the port.

2. Checking and comparing information declared in electronic files with paper files submitted and presented by the person handling procedures after completing electronic border procedures;

3. Checking passports and international travel documents of crew members and passengers through shore activities to detect and handle violations according to the law;

4. On-site checks at the vessel in the following cases:

a) Detecting clear signs that the vessel has violated laws on security, public order, and social safety;

b) There are people hiding on the vessel;

c) There is evidence indicating that the declaration of information about the vessel, crew members, and passengers - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land). is incomplete or inaccurate and the person handling procedures does not supplement or correct it as required;

d) The Commander of the Border Guard Post Port Command, the Post Commander of the Border Guard Post Port shall decide and bear responsibility under the law for conducting on-site checks at the vessel.

Chapter III

RESPONSIBILITIES OF AUTHORITIES, UNITS, ORGANIZATIONS, AND INDIVIDUALS INVOLVED IN IMPLEMENTING ELECTRONIC BORDER PROCEDURES

Article 20. Responsibilities for managing, operating, using, and ensuring the security of information systems related to electronic border procedures

一、边防部队指挥部

a) Ensuring the continuous operation and security of the information system for equipment and software, including all machinery, equipment, means, transmission lines, and types of software that have been installed, configured, and set up to serve the implementation of electronic border procedures;

b) Managing, maintaining, upgrading, improving technical aspects, and implementing security solutions for the equipment and software systems;

c) Repairing and fixing machine and software malfunctions and network systems; regularly performing technical maintenance on equipment and software systems;

d) Ensuring the security of information systems for electronic services, transactions, and other activities of the Portal, not to use transaction information for purposes contrary to the provisions of the law;

đ) Managing and ensuring the security of information systems for the database of the Portal, implementing storage and backup regimes in accordance with regulations;

e) Developing optimal contingency plans to maintain operations and restore system databases in cases of incidents and risks;

g) Issuing internal regulatory documents regarding management, use, emergency response for computer incidents, and ensuring the security of information systems for the Portal; organizing training sessions to guide the implementation for border guard units at ports;

h) Directing and guiding border guard units at ports:

Managing, using, and ensuring the continuous operation of equipment and software deployed at the unit to serve the implementation of electronic border procedures; ensuring repairs and fixes for common malfunctions and promptly reporting to superiors in cases of serious malfunctions beyond the unit's capacity;

Strictly complying with regulations on safety and confidentiality when using information technology equipment to implement electronic border procedures;

Using the account provided to access, exploit, and use information on the Portal to serve business process handling according to functions, tasks, and authorities;

Only using personal information of individuals processing procedures to accurately determine their identity and legal status to serve the issuance of access accounts to the Portal and business process management requirements; not providing or sharing personal information of individuals processing procedures with third parties unless there is consent from the individual or otherwise prescribed by law;

Being able to use and share with specialized state management agencies at ports the information declared by individuals processing procedures related to vessels, crew members, passengers to facilitate vessel procedures under electronic border procedures;

Participating in implementing the National Single Window mechanism through the connection between the Portal and the National Single Window Portal;

2. Persons handling procedures

a) Accessing, exploiting, and using information on the dedicated section of the Portal for individuals processing procedures to declare electronic files;

b) Correcting and supplementing electronic files;

c) Receiving confirmations, notifications, and requests from border guards at ports;

d) Shall be responsible under the law for the information declared on the Portal; self-protection and responsibility for the use of the access account to the Portal.

Article 21. Responsibilities in implementing electronic border procedures; cooperation in implementing electronic border procedures

1. Responsibilities of Border Guards at ports

a) Reviewing, inspecting to permit organizations and individuals to participate in implementing electronic border procedures; issuing access accounts for the Portal; guiding installation and declaration of information for persons handling procedures participating in implementing electronic border procedures;

b) Implementing electronic border procedures 24/24 hours daily;

c) Keeping abreast of the situation, receiving information about ship arrival and departure plans from and to the port, anchorage locations, cargo loading and unloading times, compliance with laws by vessel owners, crew members, staff, passengers;

d) Receiving, checking the legality and validity of electronic files and documents submitted and presented by persons handling procedures and processing border formalities according to regulations;

đ) Receiving, resolving within their authority and in accordance with the provisions of the law requests from captains;

e) Providing and sharing information related to ships, crew members, passengers with specialized state management agencies at seaports;

g) Handling violations of the law by organizations and individuals in implementing electronic border procedures according to the provisions of the law;

h) In addition to the locations specified in Point b, Clause 1, Article 7 of Decision No. 10/2016/QĐ-TTg, to facilitate quickly and conveniently for persons handling procedures to submit and present various types of documents, foreign crew members going ashore, based on actual circumstances, proactively arranging and utilizing forces at other suitable locations at the port to receive and inspect various types of documents submitted and presented by persons handling procedures;

2. Responsibilities of organizations and individuals

a) Organizations and individuals implementing electronic border procedures must comply with the provisions of Decision No. 10/2016/QĐ-TTg, the contents of guidance in this Circular, and relevant legal provisions;

b) Organizations and individuals who violate the provisions in implementing electronic border procedure declarations will be handled according to the provisions of the law;

3. Responsibilities of persons handling procedures

a) Declaring electronic files, submitting and presenting various types of documents as prescribed;

b) Providing complete and accurate information related to ships, crew members, and passengers on board. When discovering incomplete or inaccurate declaration information or new information arising after declaration, they must promptly declare supplementary or corrective information;

c) Implementing decisions and requirements of Border Guards at ports regarding procedures, border inspection, and supervision of ships, crew members, passengers, and weapons and explosive materials;

d) In cases where crew members need to go ashore immediately after the ship safely docks at the port, the person handling procedures must promptly present the crew member's logbook/passport or international travel documents for inspection by Border Guards at ports before the crew member goes ashore at the location specified in Point b, Clause 1, Article 7 of Decision No. 10/2016/QĐ-TTg or at a location designated by Border Guards at ports;

đ) Fulfilling other obligations as stipulated by the law;

4. Responsibilities of specialized state management agencies at seaports in cooperating to implement electronic border procedures

a) Cooperating and creating favorable conditions for Border Guards at ports in implementing electronic border procedures;

b) Providing and sharing information related to security and order concerning ships, crew members, passengers, and goods to Border Guards at ports;

c) Cooperating with Border Guards at ports in handling violations by ships, crew members, passengers; and other organizations and individuals of Vietnam or foreign countries involved;

Chapter IV

IMPLEMENTATION

Article 22. Responsibility for enforcement

一、边防部队指挥部

a) Taking the lead and coordinating with relevant agencies and organizations to organize the implementation of this Circular;

b) Taking the lead and coordinating with relevant agencies to connect the Portal with the National Single Window Portal;

d) Taking the lead and coordinating with relevant agencies and units to build and implement projects for implementing electronic border procedures for Border Guards at ports nationwide, reporting to competent agencies of the Ministry for review and approval by the Minister of Defense to ensure the following contents:

Fully implementing all aspects and items related to implementing electronic border procedures and connecting the Portal with the National Single Window Portal;

Investing in equipment, means, and information technology applications to meet the requirements of electronic border procedures work, inspection, and supervision of ships implementing electronic border procedures to ensure security and order at seaport border gates of border guard units;

Building and perfecting the electronic data processing system for seaport borders, linked with the application of digital signatures to eliminate paper documents required in implementing electronic border procedures;

Building functions of the Portal for registration of domestic Vietnamese vessels operating in inland waterways compatible with the National Single Window Portal to serve electronic procedures for Vietnamese vessels operating on inland waterway routes entering and leaving seaports in accordance with the National Single Window Mechanism;