Circular No. 54/2015/TT-BGTVT provides procedures for electronic transactions for domestic route vessels of Vietnam entering and leaving Vietnamese seaports.

CIRCULAR

Regulations on electronic procedures for Vietnamese vessels operating domestic routes entering and leaving Vietnamese seaports

Regulations on electronic procedures for Vietnamese vessels operating domestic routes entering and leaving Vietnamese seaportst s

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Pursuant to the Maritime Code of Vietnam 2005;

Pursuant to the Inland Waterway Transport Law 2004 and the Law Amending and Supplementing Certain Provisions of the Inland Waterway Transport Law 2014;

Pursuant to the Law on Electronic Transactions 2005;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels;

At the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration,

The Minister of Transport issues this Circular regulating electronic procedures for Vietnamese vessels operating domestic routes entering and leaving Vietnamese seaports.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates electronic procedures for Vietnamese vessels operating domestic routes entering and leaving Vietnamese seaports.

Article 2. Applicability

This Circular applies to Vietnamese organizations and individuals and foreign organizations and individuals related to the implementation of electronic procedures for Vietnamese vessels operating domestic routes entering and leaving Vietnamese seaports.

Article 3. Explanation of Terms

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

1. Electronic procedure means the declaration, submission, processing, and issuance of results for vessel entry and departure procedures through electronic means.

2. Electronic dossier consists of electronic transaction messages regarding vessels, vessel documents, crew members, passengers, and cargo declared by the person handling the electronic procedure.

3. Electronic departure permit is an electronic permit issued by the Maritime Port Control Authority to the person handling the procedure via the electronic portal after completing the electronic departure procedure for the vessel. The electronic departure permit has a code for retrieval and holds legal value equivalent to the paper-based departure permit.

Article 4. Declaration of electronic procedures for vessels

1. For sea vessels

The person handling the procedure declares information according to the forms prescribed in Articles 7 and 8 of this Circular on the National Single Window Portal at the address https://vnsw.gov.vn.

2. For inland waterway vessels

The person handling the procedure declares and submits the request for procedures for inland waterway vessels in one of the following two forms:

a) The person handling the procedure declares information according to the forms prescribed in Articles 9 and 10 of this Circular on the Ministry of Transport's electronic portal at the address https://dichvucong.mt.gov.vn.

b) The person handling the procedure composes a message according to the form prescribed in Articles 9 and 10 of this Circular and sends it to the hotline for inland waterway vessel entry and departure procedures. The person handling the procedure is responsible for registering the phone number used to send procedure messages with the Maritime Port Control Authority.

Article 5. Inspection of vessel and crew certificates

The Maritime Port Control Authority conducts inspections of declared information and searches for data on vessels and crew members based on the electronic databases of competent authorities as the basis for resolving electronic procedures for vessel entry and departure from seaports. The Maritime Port Control Authority may only require the person handling the procedure to submit and present documents if there is no data on the vessel or crew member declared by the person handling the procedure in the database.

Article 6. Payment of fees and charges

The person handling the procedure is responsible for completing the payment of port entry and departure fees immediately upon receipt of the fee notification through one of the following payment methods:

1. Online payment at the National Single Window Portal or the Ministry of Transport's electronic portal.

2. Bank transfer to the account of the Maritime Port Control Authority.

3. Cash payment

Chapter II

ELECTRONIC PROCEDURES FOR VESSELS OPERATING DOMESTIC ROUTES ENTERING AND LEAVING SEAPORTS

Article 7. Procedures for Vietnamese vessels operating on domestic routes entering seaports

1. Notification of vessel arrival at the port

a) At least 08 hours before the vessel is expected to arrive at the seaport, the person handling the procedures must declare and submit the Port Arrival Notification through the National Single Window Portal according to Form No. 01 of the Appendix issued together with this Circular.

b) In cases where the vessel moves between Vietnamese seaports or within a maritime area not exceeding 20 nautical miles, at least 02 hours before the vessel is expected to arrive at the seaport, the person handling the procedures must declare and submit the Port Arrival Notification through the National Single Window Portal according to Form No. 01 of the Appendix issued together with this Circular.

2. Confirmation of vessel arrival at the port

At least 02 hours before the vessel arrives at the pilot station, the person handling the procedures must confirm the exact time of the vessel's arrival at the port to the Maritime Port Authority via VHF, telephone, or other appropriate communication methods.

Within 02 hours from receiving confirmation that the vessel has arrived at the pilot station, the Maritime Port Authority issues an Electronic Dispatch Order through the National Single Window Portal according to Form No. 02 of this Circular. If approval is not granted, a response with the specific reasons must be provided.

3. Electronic declaration procedures

Within 02 hours from when the vessel has moored at the wharf or within 04 hours from when the vessel has moored at other locations within the port waters, the person handling the procedures must declare and submit the electronic dossier through the National Single Window Portal. The electronic dossier includes:

a) One General Declaration Form according to Form No. 03 of the Appendix issued together with this Circular;

b) One Crew List according to Form No. 04 of the Appendix issued together with this Circular;

c) One Passenger List (if applicable) according to Form No. 05 of the Appendix issued together with this Circular.

4. The Maritime Port Authority receives and processes the electronic dossier on the National Single Window Portal. In cases where there is no data on the vessel or crew in the electronic database, the Maritime Port Authority notifies the person handling the procedures to submit and present the original copies of the following documents at the main office or representative office of the Maritime Port Authority:

a) Documents to be submitted: Departure Permit from the last port;

b) Documents to be presented: Certificate of Vessel Registration; Certificates regarding technical safety of the vessel as prescribed; number of crew members; Crew Certificates of Competency.

5. Time limit for processing the procedures: Within 01 hour from when the person handling the procedures completes the declaration procedures, submits, and presents all required documents, the Maritime Port Authority checks and verifies information about the vessel and crew to send an electronic confirmation notification of completed procedures to the person handling the procedures on the National Single Window Portal.

Article 8. Procedures for Vietnamese vessels operating on domestic routes departing from seaports

1. Time limit for handling procedures: At least 02 hours before the vessel is expected to depart from the seaport, the person handling the procedures must declare and submit the electronic dossier through the National Single Window Portal.

2. Dossiers to be declared electronically include:

a) One General Declaration Form according to Form No. 03 of the Appendix issued together with this Circular;

b) One Crew List (if there are changes) according to Form No. 04 of the Appendix issued together with this Circular;

c) One Passenger List (if there are changes) according to Form No. 05 of the Appendix issued together with this Circular.

3. The Maritime Port Authority receives and processes the electronic dossier on the National Single Window Portal. In cases where there is no data on the vessel or crew in the electronic database, the Maritime Port Authority notifies the person handling the procedures to submit the original copies of the following documents at the main office or representative office of the Maritime Port Authority:

a) Certificates of the vessel and Crew Certificates of Competency if they have changed since arrival;

b) Documents related to confirmation of payment of fees, charges, fines, or settlement of debts as prescribed by law (if applicable).

4. Time limit for processing the procedures

Within 01 hour from when the person handling the procedures completes the declaration procedures and presents all required documents, the Maritime Port Authority checks and verifies information about the vessel and crew to issue an Electronic Port Departure Permit through the National Single Window Portal according to Form No. 06 of the Appendix issued together with this Circular and a paper copy of the Port Departure Permit if requested by the person handling the procedures. If the permit is not issued, a response with the specific reasons must be provided.

5. In cases where the vessel enters the port and remains for no more than 12 hours, the master must notify the local Maritime Port Authority to handle electronic procedures for both entry and departure simultaneously.

6. In cases where the vessel has been issued a Port Departure Permit but remains in the port for more than 24 hours from the permitted departure time, the vessel must reapply for departure procedures as stipulated in this Article.

Article 9. Procedures for inland waterway vessels entering a seaport

1. Time limit for procedures:

a) For inland waterway vessels carrying the VR-SB grade: Not later than two hours before the vessel arrives at the port, the person handling the procedures shall declare and submit the dossier on the Ministry of Transport's electronic portal or send a message according to Model No. 12 of the Appendix issued together with this Circular to the hotline for inland waterway vessel entry and departure procedures.

b) For other inland waterway vessels: Before the vessel arrives at the port or after it has safely anchored, the person handling the procedures shall declare and submit the dossier on the Ministry of Transport's electronic portal or send a message according to Model No. 07 of the Appendix issued together with this Circular to the hotline for inland waterway vessel procedures at the seaport.

2. The electronic declaration dossier includes:

a) A general declaration form according to Model No. 08 of the Appendix issued together with this Circular;

b) A crew list according to Model No. 09 of the Appendix issued together with this Circular;

c) A passenger list (for passenger-carrying vessels) according to Model No. 10 of the Appendix issued together with this Circular.

3. In cases where procedures are handled through messages, after the vessel has safely anchored, the person handling the procedures must submit the following documents at the Maritime Port Office headquarters or representative office:

a) Passenger list;

b) Departure permit from the port or pier or confirmation from the competent authority at the last port or pier from which the inland waterway vessel departed.

4. The Maritime Port Office receives and processes the electronic dossier on the Ministry of Transport's electronic portal. In cases where there is no data on the vessel or crew in the electronic database, the Maritime Port Office will notify the person handling the procedures to submit and present the original copies of the following documents at the headquarters or representative office of the Maritime Port Office:

a) Documents to be submitted: Departure permit from the port or pier or confirmation from the competent authority at the last port or pier from which the inland waterway vessel departed.

b) Documents to be presented: Certificate of registration of the inland waterway vessel (or certified copy from a credit institution if the vessel is mortgaged or pledged); Safety and technical inspection certificate and environmental protection certificate of the vessel; Crew Logbook; Certificates of competency and qualifications of the crew members.

5. Time limit for processing procedures

Not later than thirty minutes from when the person handling the procedures completes the declaration, submits and presents all required documents as stipulated, the Maritime Port Office will check and verify information about the vessel and crew to issue an electronic port entry permit for the inland waterway vessel on the Ministry of Transport's electronic portal according to Model No. 11 of the Appendix issued together with this Circular or send a message according to Model No. 07 of the Appendix issued together with this Circular to the person handling the procedures (in cases where procedures are handled via mobile phone messages). If the permit is not issued, the reason must be clearly stated.

Article 10. Procedures for inland waterway vessels departing from a seaport

1. Time limit for procedures: Before the vessel departs from the seaport, the person handling the procedures shall declare and submit the electronic dossier on the Ministry of Transport's electronic portal or send a message according to Model No. 07 of the Appendix issued together with this Circular to the hotline for inland waterway vessel entry and departure procedures.

2. Dossiers to be declared electronically include:

a) A general declaration form according to Model No. 08 of the Appendix issued together with this Circular;

b) Crew list (if there are changes) according to Model No. 09 of the Appendix issued together with this Circular;

c) Passenger list (for passenger-carrying vessels, if there are changes) according to Model No. 10 of the Appendix issued together with this Circular.

3. In cases where procedures are handled through messages, the person handling the procedures must submit the passenger list (for passenger-carrying vessels, if there are changes) at the Maritime Port Office headquarters.

4. The Maritime Port Office receives and processes the electronic dossier on the Ministry of Transport's electronic portal. In cases where there is no data on the vessel or crew in the electronic database, the Maritime Port Office will notify the person handling the procedures to present the original copies of the following documents at the headquarters or representative office of the Maritime Port Office:

a) Certificates of the vessel and certificates of competence of the crew members if they have changed since arrival.

b) Documents related to confirmation of payment of fees, charges, fines, or settlement of debts as prescribed by law (if applicable).

5. Time limit for processing procedures

Not later than thirty minutes from when the person handling the procedures completes the declaration, submits and presents all required documents as stipulated, the Maritime Port Office will check and verify information about the vessel and crew to issue an electronic departure permit for the inland waterway vessel on the Ministry of Transport's electronic portal according to Model No. 12 of the Appendix issued together with this Circular and a paper copy of the departure permit if requested by the person handling the procedures. In cases where procedures are handled via messages, the Maritime Port Office will issue a paper copy of the departure permit to the person handling the procedures. If the permit is not issued, the reason must be clearly stated.

6. In cases where the inland waterway vessel enters the seaport and stays for no more than seventy-two hours or the documents and materials for departure procedures are unchanged compared to those at arrival, the vessel may handle both entry and departure procedures simultaneously.

7. In cases where the inland waterway vessel has been granted a departure permit but remains at the port for more than twenty-four hours from the time it was permitted to depart, the vessel must reapply for departure procedures according to the provisions of this Article.

Article 11. Procedures for ships and inland waterway vessels entering and leaving a maritime area within a seaport or inland waterway port area

When ships and inland waterway vessels enter or leave a maritime area within a seaport or inland waterway port area, they only need to complete entry and exit procedures once. Ships and inland waterway vessels do not need to complete procedures when moving between ports, inland waterway wharves, seaports, and marine bridges (collectively referred to as ports or wharves) within a maritime area. Entry and exit procedures shall be carried out at the first and last ports or wharves that the ships and inland waterway vessels enter or leave.

Chapter III

IMPLEMENTATION

Article 12. Responsibilities of the Vietnam Maritime Administration

1. The Vietnam Maritime Administration is responsible for establishing and regularly updating the following electronic databases:

a) Ship registration certificates;

b) Minimum safety manning certificates;

c) Certificates of competency for seafarers working on Vietnamese ships;

d) Certificates confirming the issuance of General Operator's Certificates (GOC), Restricted Operator's Certificates (ROC) for Global Maritime Distress and Safety System (GMDSS) operators, and special training certificates for specialized vessels;

đ) Seafarer’s logs;

e) Certificates of insurance or financial guarantees regarding civil liability for oil pollution damage under the 1992 Civil Liability Convention (CLC);

g) Certificates of insurance or financial guarantees regarding civil liability for fuel oil pollution damage under the 2001 Fuel Oil Pollution Compensation Convention (FOPC);

h) Other certificates issued by the Vietnam Maritime Administration.

2. Directing maritime port inspection offices to organize the implementation of this Circular.

Article 13. Responsibilities of the Vietnam Inland Waterways Administration

The Vietnam Inland Waterways Administration is responsible for establishing and regularly updating the following electronic database:

1. Inland waterway vessel registration certificates.

2. Certificates of competency, professional qualifications, and special certificates for seafarers.

3. Other certificates issued by the Vietnam Inland Waterways Administration.

Article 14. Responsibilities of the Vietnam Motor Vehicle Inspection Agency

The Vietnam Ship Registry is responsible for establishing and regularly updating the following electronic databases:

1. For ships:

a) Gross tonnage certificates;

b) Deadweight tonnage certificates;

c) Classification certificates;

d) Oil pollution prevention certificates;

đ) Safety equipment certificates;

e) Special purpose ship certificates.

2. For inland waterway vessels: Technical safety and environmental protection certificates for inland waterway vessels.

3. Other certificates issued by the Vietnam Ship Registry.

Article 15. Responsibilities of the Department of Transport

Provincial Departments of Transport are responsible for regularly updating the following documents into the electronic database of the Vietnam Inland Waterways Administration:

1. Inland waterway vessel registration certificates.

2. Technical safety and environmental protection certificates for inland waterway vessels.

3. Certificates of competency and professional qualifications for seafarers.

4. Other certificates issued by Provincial Departments of Transport.

Article 16. Responsibilities of the Ministry of Transport's Information Technology Center

1. Establishing an information technology system for electronic procedures for Vietnamese ships operating domestic routes entering and leaving seaports in accordance with this Circular.

2. Providing access accounts to the Ministry of Transport's Electronic Portal for organizations and individuals implementing electronic procedures as stipulated in this Circular.

3. Registering, announcing, and maintaining the operation of a hotline for inland waterway vessels entering and leaving seaports. Receiving ship owner contact numbers sent by maritime port inspection offices and publishing them on the Ministry of Transport's Electronic Portal.

4. Ensuring the operation of the system to handle abnormal situations, rectify faults to ensure continuous safe operation of the electronic data exchange system at the address dichvucong.mt.gov.vn and implementing connections and data exchanges with the National Single Window Portal for procedures stipulated in Articles 7 and 8 of this Circular.

5. Implementing the storage of electronic records in accordance with laws on recordkeeping.

Article 17. Responsibilities of the Maritime Port Office

1. Apply information technology to implement electronic declaration procedures when handling vessel entry and departure formalities at seaports.

2. Update data on electronic departure permits and paper records of vessels departing from seaports within the management area of the port office based on the database of the Vietnam Maritime Administration.

3. Compile telephone numbers registered by the vessel owners and send them to the Ministry of Transport's Information Technology Center.

Article 18. Effective Date

1. This Circular takes effect from January 1, 2016.

2. Formalities for inland waterway vessels as prescribed in this Circular shall be applied from March 1, 2016.

3. This Circular is accompanied by one Appendix containing twelve Declaration Forms and Permits.

Article 19. Transitional Provisions

For vessels that do not meet the conditions to implement electronic formalities as stipulated in this Circular, they shall comply with the provisions of Government Decree No. 21/2012/NĐ-CP dated March 21, 2012 on port and maritime route management and Circular No. 10/2013/TT-BGTVT dated May 8, 2013 issued by the Minister of Transport guiding the implementation of certain provisions of Government Decree No. 21/2012/NĐ-CP.

Article 20. Implementation

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Director of the Ministry’s Information Technology Center, Heads of Departments, Directors of the Vietnam Maritime Administration, the Director of the Vietnam Ship Survey Bureau, the Director of the Vietnam Inland Waterways Administration, Directors of Provincial Departments of Transport under central cities and provinces, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.