Decree No. 50/2008/NĐ-CP on management and security at seaport border gates

DECREE

ON THE MANAGEMENT AND SECURITY OF ORDER AT SEAPORT GATES

 SEAPORT GATES

________________

THE GOVERNMENT

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

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

Pursuant to the Vietnam Maritime Code dated June 14, 2005;

Considering the proposal of the Minister of National Defense.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the activities of Vietnamese and foreign persons, vessels entering, exiting, transiting, and changing ports; border control procedures, inspections, supervision, and other activities related to security and order; responsibilities for directing, guiding, and coordinating management and security activities at seaport gates.

2. Military ports serving defense and security purposes are not within the scope of this Decree; in cases serving commercial purposes, they shall be governed by this Decree and other relevant laws applicable to commercial ports.

Article 2. Applicability

1. Individuals, organizations, Vietnamese and foreign vessels and other means operating at seaport gates must comply with the provisions of this Decree and other relevant Vietnamese laws; where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, the provisions of such treaties shall apply.

2. Foreign vessels of agencies, organizations, and individuals enjoying privileges and immunities, and foreign military vessels visiting the Socialist Republic of Vietnam to seaport gates and military ports shall operate in accordance with other provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

3. Vietnamese People's Army and Vietnamese People's Public Security vessels performing defense and security duties at seaport gates shall follow separate regulations.

Article 3. Seaport Gates

Seaport gates are maritime ports opened for Vietnamese and foreign persons, vessels to enter, exit, transit, import, export goods, transit goods, and carry out other activities as prescribed by law.

Article 4. Seaport Gate Area

1. The seaport gate area includes port land and port water areas.

a) Port land is the designated area for constructing wharves, warehouses, yards, workshops, offices, service facilities, transportation systems, communication networks, electricity, water supply, and other auxiliary structures and equipment installation.

b) Port water area is the designated water area for establishing waters before the wharf, turning basin, anchorage, cargo transfer zone, typhoon shelter, pilot station, quarantine area, construction of port channels, and other auxiliary structures.

c) The specific scope of port land and port water areas within the seaport gate area shall be implemented in accordance with the provisions of law.

2. Relevant state management agencies may deploy personnel, install equipment, and technical means in the seaport gate area to meet operational requirements without affecting the normal operations of port enterprises.

Article 5. Responsibilities for Ensuring Security and Order in the Seaport Gate Area

Border Guard forces are the core, specialized, leading, and coordinating force with public security forces, relevant sectors, and local authorities in managing and ensuring security and order in the seaport gate area in accordance with the law.

Chapter II

PROVISIONS ON BORDER CONTROL PROCEDURES, INSPECTIONS, AND SUPERVISION

Section 1. BORDER CONTROL PROCEDURES

Article 6. Time Limit for Implementing Border Control Procedures

1. Vietnamese and foreign vessels must complete entry procedures at the first port upon entering Vietnam from abroad and exit procedures at the last port upon leaving Vietnam for abroad.

2. Within no more than two hours from the time the vessel has safely anchored at the designated position as instructed by the Port Director, the shipowner, the ship manager, the ship operator, or the authorized representative (hereinafter referred to collectively as the person handling the procedures) must complete the border control entry procedures for the vessel.

3. Within no more than two hours before the vessel departs from the port, the person handling the procedures must complete the border control exit procedures for the vessel. For passenger ships and regular route ships, this must be done immediately before the vessel prepares to depart from the port.

4. Within no more than one hour from the time all valid documents have been fully received, the Border Guard Port Gatepost must complete the border control procedures.

5. The completion time of the border control procedures is the time when the Border Guard Port Gatepost confirms the completion of the procedures.

Article 7. Location for Completing Border Control Procedures

1. At the main office or Representative Office of the Port Authority. For seaport gateposts that have established electronic declaration networks, the border control procedures shall be carried out at the Border Guard Port Gatepost office.

2. On board the vessel in cases specified in point b, Clause 2, Article 27; point a, Clause 2, Article 29 of Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on Seaport Management and Shipping Channels.

Article 8. Border Control Procedures for Vessels Entering, Exiting, Transiting, and Changing Ports

When completing entry, exit, transit, and changing port procedures, in addition to the documents required to be submitted and presented according to points d, Clause 2, Clause 4, Article 27; point c, Clause 2, Article 29; point b, Clause 2, Article 32 of Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on Seaport Management and Shipping Channels, the person handling the procedures must submit the following documents to the Border Guard Port Gatepost:

1. Declaration of dangerous goods, weapons, and explosive materials (if any).

2. Declaration of persons hiding on board the vessel (if any).

Article 9. Provisions for Vessels Transiting

1. During the transit journey, the master of the vessel is responsible for managing crew members, passengers, and cargo on board, maintaining the sealed condition and border control records.

2. Transit passengers arriving at a seaport gatepost via a vessel or ship, if they remain only on board the vessel or in a designated area for transit passengers, are exempted from visa requirements. In cases where passengers request permission to enter inland areas or depart through another gatepost, they must hold a visa issued by a competent Vietnamese authority (except in cases where visas are waived under Vietnamese law or international treaties to which Vietnam is a party).

Article 10. Provisions for Vessels Changing Ports

1. During the port change journey, the master of the vessel is responsible for managing crew members, passengers, and cargo on board, maintaining the sealed condition and port change records provided by the Border Guard Port Gatepost of the previous departure port.

2. Upon arrival at the destination port, the master of the vessel must submit the port change records provided by the Border Guard Port Gatepost of the previous departure port to the Border Guard Port Gatepost.

Article 11. Responsibilities of Port Border Guard for Ships Transferring Ports

1. Responsibilities of the Departing Port Border Guard:

a) Process ships and boats transferring ports, establish and seal the border guard file to be handed over to the arriving port border guard;

b) Inform the arriving port border guard about the compliance with laws by crew members, ships, and boats transferring ports.

2. Responsibilities of the Arriving Port Border Guard:

a) Receive the transferred port file and immediately inform the departing port border guard that the border guard file has been received intact and sealed;

b) Inform the departing port border guard about the compliance with laws by crew members, ships, and boats transferring ports.

Section 2. BORDER GUARD INSPECTION AND SUPERVISION

Article 12. Objects of Border Guard Inspection and Supervision

1. Vietnamese and foreign ships and boats exiting, entering, transiting, and transferring ports.

2. Vietnamese ships operating on domestic routes within the port area.

3. Other Vietnamese and foreign vessels entering, exiting, operating, and anchoring within the port area.

4. Vietnamese and foreign individuals working at the port.

Article 13. Measures for Border Guard Inspection and Supervision

To manage and protect security and order at the port, the Border Guard may apply the following inspection and supervision measures:

1. Inspect and control documents for individuals, ships, boats, and other vessels entering, exiting, operating within the port area (excluding ships, boats, and staff of specialized state management agencies at the port performing their duties).

2. Surveillance of areas and mobile patrols.

3. Direct surveillance at the port gate, inspection stations, targets, or on Vietnamese and foreign ships.

4. Surveillance using technical means and other methods as prescribed by law.

Article 14. Direct Border Guard Surveillance on Ships

Direct border guard surveillance on ships shall only be carried out in the following cases:

1. Ships showing clear signs of violating the law.

2. Situations requiring security, defense, social order, and safety, and disease prevention and control.

Chapter III

PROVISIONS FOR PERSONS AND SHIPS

Article 15. Entry, Exit, Transit, and Transfer of Ships

Vietnamese and foreign ships entering, exiting, transiting, and transferring ports must obtain permission from the competent Vietnamese authority and pass through designated ports, maritime channels, and transit routes.

Article 16. Captain's Responsibilities Upon Discovering Stowaways or Persons in Distress

1. When discovering stowaways on board, the captain must take necessary measures to prevent them and immediately report to the port border guard or other specialized state management agency operating at the port for handling according to their jurisdiction.

2. When discovering persons in distress, the captain must take necessary measures to rescue them and immediately report to the Maritime Port Authority or other specialized state management agency operating at the port for coordination in resolving the situation.

Article 17. Documents for going down foreign ships and vessels

Vietnamese individuals (excluding staff of specialized state management agencies at seaport border gates performing their duties) and foreigners (excluding crew members on the ship's roster and passengers traveling with the ship) who wish to go down foreign ships and vessels to work or engage in other activities during the time the ships and vessels are moored in the seaport border gate area must have a permit issued by the seaport border gate authority and be subject to inspection and supervision by the seaport border gate authority.

Article 18. Foreign crew members going ashore

During the time foreign ships and vessels are moored at seaport border gates, crew members on board are permitted to go ashore within the province or centrally administered city where the seaport border gate is located, and must have a shore pass issued by the seaport border gate authority. In cases where they leave beyond this scope or exit Vietnam through other border gates, they must comply with the relevant laws on entry and exit.

Article 19. Procedures for passengers wishing to return to ships and vessels after entry, those wishing to return inland after departure, and transactions when ships handle entry and exit formalities

1. Passengers on foreign ships and vessels who have completed entry formalities into Vietnam and wish to depart using another means of transportation, if they want to return to the ship or vessel, must obtain permission and be under the supervision of the seaport border gate authority. Passengers who have completed exit formalities and wish to return inland must reapply for entry formalities.

2. Crew members and passengers who have not yet completed entry formalities or have already completed exit formalities may not leave the ship or vessel and may only interact with pilots, Vietnamese public servants, and authorized agents.

Article 20. Documents for foreigners coming to work or operate at seaport border gates

Foreigners coming to work or operate at seaport border gates must hold a passport or travel document equivalent to a passport, a permit issued by provincial-level police authorities or higher, and be subject to inspection and supervision by the seaport border gate authority.

Article 21. Refusal of Entry, Transit, or Temporary Suspension of Departure

For reasons of national defense, security, special reasons affecting the economy and society, or to ensure maritime safety, prevent environmental pollution, or due to urgent reasons, Vietnamese and foreign individuals, ships, and vessels may be refused entry, transit, or temporary suspension of departure through seaport border gates according to Vietnamese law.

Chapter IV

RESPONSIBILITIES FOR DIRECTING, GUIDING AND COOPERATING IN MANAGEMENT AND SECURITY MAINTENANCE ACTIVITIES

Article 22. Responsibilities for directing and guiding by Ministries and Sectors

Within their respective functions and powers, Ministries and Sectors are responsible for directing and guiding subordinate specialized state management agencies to perform their functions and tasks, coordinating management and security maintenance activities in the seaport border gate area, and strictly handling violations according to the law.

Article 23. Responsibilities for directing and guiding by Provincial People's Committees with seaport border gates

Within their respective functions and powers, Provincial People's Committees where seaport border gates are located are responsible for directing and guiding lower-level People's Committees in port areas and local forces and related agencies to cooperate with Border Guard units in management and security maintenance activities in the seaport border gate area.

Article 24. Responsibilities of Border Guard at Port Gateways

Take the lead and coordinate with police forces, specialized state management agencies at marine port gateways, port enterprises, and local authorities in managing and safeguarding national security, public order, and social safety at port gateways.

Article 25. Responsibilities for Coordinating Management and Security Safeguarding Activities

1. Within their respective duties and powers, police forces, maritime port inspection agencies, and other specialized state management agencies operating in the area of port gateways, port enterprises, and local authorities shall cooperate with the Border Guard at Port Gateways to carry out tasks related to management and safeguarding of national security and public order at port gateways.

2. While performing their duties, staff members of specialized state management agencies at port gateways must wear uniforms, badges, and insignias according to regulations of their respective sectors, and when using specialized equipment, they must display specific markings and hoist the National Flag of Vietnam.

Chapter V

REWARD, VIOLATION HANDLING, AND COMPLAINTS AND REPORTS

Article 26. Awards

Organizations and individuals who achieve outstanding results in implementing this Decree shall be rewarded in accordance with the provisions of the law.

Article 27. Handling Violations

Organizations and individuals who violate the provisions of this Decree shall be subject to handling in accordance with the law.

Article 28. Complaints and Reports

The procedures for lodging complaints and reports and resolving complaints and reports shall be carried out in accordance with the laws on complaints and reports.

Chapter VI

IMPLEMENTING PROVISIONS

Article 29. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 30. Responsibilities for Guidance and Inspection

The Ministry of National Defense shall take the lead and coordinate with relevant ministries and sectors to provide guidance and inspect the implementation of this Decree.

Article 31. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.