Decision No. 55/2002/QĐ-TTg On piloting administrative reform procedures for ships entering and leaving seaports in Ho Chi Minh City

DECISION OF THE PRIME MINISTER

Regarding the pilot implementation of administrative procedure reform at seaports in Ho Chi Minh City

PRIME MINISTER

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

Pursuant to Decree No. 22/CP dated March 22, 1994, of the Government on tasks, authorities, responsibilities for state management and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 136/2001/QĐ-TTg dated September 17, 2001 of the Prime Minister approving the overall program for administrative reform of the State sector for the period 2001-2010,

Considering the proposal of the Ministry of Ministry of Science and Technology Transport at the Notice submitted by the Ministry of Transport under number 126/TTr-BGTVT dated January 14, 2002,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Permitting the pilot implementation of administrative procedure reform concerning vessels entering and leaving seaports in Ho Chi Minh City, except military ships and foreign atomic-powered ships, Vietnamese armed forces' vessels serving security and defense purposes, and other state service vessels operating in seaports in Ho Ho Chi Minh.

Article 2. Definitions.

In this Decision, the following terms shall be understood as follows:

1. State management agencies: are organizations entrusted with the function of specialized state management in the seaport area of Ho Chi Minh City, including: Sai Gon Port Office, Border Guard Force at Sai Gon Seaport Gate, Sai Gon Seaport Customs Branch, International Health Quarantine Center of Ho Chi Minh City, Plant Quarantine Branch Region II, Animal Health Center Region of Ho Ho Chi Minh.

2. Vessels: Include all Vietnamese sea vessels and inland waterway vessels with a gross tonnage of 50 GT or deadweight of 100 DWT and above, and foreign vessels. 3. Ship owners:

Are persons owning, managing, operating sea vessels or those legally authorized. PROCEDURES FOR SHIPS ARRIVING AT AND LEAVING PORTS

PART II

Procedures for foreign ships arriving at ports.

Article 3. 1. The application for permission for foreign ships to enter the port shall be carried out according to the following regulations:

a) At least 24 hours before the ship is expected to reach buoy number "O" Vung Tau, the ship owner must submit to the Sai Gon Port Office a request for permission to enter the port containing the following information:

Name, nationality, call sign, place of registration of the ship and name of the ship owner;

Length, width, height and draft of the ship when entering the port;

Gross tonnage, total deadweight; quantity and type of cargo;

Number of crew members, passengers and others accompanying the ship;

Name of departure port and time expected to reach buoy number "O", Vung Tau;

Purpose of arrival at the port, time expected to leave the port and name of the next port;

Name of agent, representative of the ship owner in Vietnam.

b) Within two hours from receiving the application as stipulated in point a, Clause 1 of this Article, the Sai Gon Port Office must respond in writing to the ship owner regarding approval or disapproval; in case of disapproval, the reasons must be clearly stated.

2. Exemption from the application for permission for foreign ships to enter the port:

a) Ships registered under the flag of a country that has signed a maritime agreement with Vietnam which provides for exemption from the requirement of applying for permission to enter the port.

Foreign ships transporting goods or passengers that have entered the port within twelve months from the date of their last departure from the port.

Notification of ships arriving at the port.

Article 4. 1. At least eight hours before the ship is expected to reach buoy number "O" Vung Tau, the ship owner must submit the "Ship Arrival/Departure Declaration Form" (Annex 1) to the Sai Gon Port Office.

For foreign ships and Vietnamese ships entering the country, upon receipt of the "Ship Arrival/Departure Declaration Form" (Annex 1), the Sai Gon Port Office must immediately notify relevant specialized state management agencies in the seaport area of Ho

2. Confirmation of ships arriving at the port. Ho Chi Minh.

Article 5. 1. At least two hours before the ship is expected to reach buoy number "O" Vung Tau, the ship owner must confirm to the Sai Gon Port Office.

2. Upon receipt of confirmation from the ship owner, the Sai Gon Port Office must immediately notify relevant specialized state management agencies and the Vung Tau Port Office to coordinate in implementing tasks as prescribed.

2. Upon receiving the report from the ship owner, the Saigon Port Office must immediately notify relevant specialized state management agencies and the Vung Tau Port Office to coordinate in implementing their tasks as prescribed.

Article 6. Article 1. Dispatching vessels to port.

1. Based on actual conditions for ensuring maritime safety, preventing environmental pollution, and the port's operational plan provided by the port enterprise or cargo owner, the Saigon Port Authority shall notify the vessel owner and the Pilotage Company about the decision to dispatch vessels from the virtual buoy number area of Vung Tau to anchor or berth at the designated location within that port. environmental pollution and the port operation schedule provided by the port enterprise or cargo owner, the Saigon Port Office shall inform the ship owner and the Pilotage Company of the area about the decision to move the ship from the virtual buoy number area of Vung Tau to anchor or berth at the designated location within that port. I of deciding to move the ship from the virtual buoy number area of Vung Tau to anchor or berth at the designated location within that port.

2. In cases where foreign vessels and Vietnamese vessels entering the country, immediately after deciding to dispatch the vessel to the port, the Saigon Port Authority, in addition to notifying as stipulated in Clause 1 of this Article, must also inform other specialized state management agencies of the time and location designated for the vessel to anchor or berth at the port.

Article 7. Place, deadline, and documents required for vessel entry procedures at the port.

1. Vietnamese vessels operating domestic routes:

a) Place for handling procedures: The office of the Saigon Port Authority.

b) Deadline for the vessel owner to handle procedures: Not later than 2 hours from when the vessel has anchored or berthed at the wharf or before the port power station, or 4 hours if the vessel has anchored at other areas within the port.

b) Time limit for performing c) Deadline for the Saigon Port Authority to handle procedures: Not later than 1 hour from when the vessel owner submits and presents all valid documents as specified in Point d below.

d) When handling procedures, the vessel owner must submit and present the following documents:

Documents to be submitted:

Vessel arrival/departure declaration form (Annex 1);

Crew list (Annex 2);

Passenger list (for passenger vessels - Annex 3).

Documents to be presented (originals):

Certificate of vessel registration;

Certificates regarding the technical safety of the vessel as prescribed;

Crew logbook or corresponding crew book; Certificates of professional competence of crew members as prescribed.

2. Vietnamese and foreign vessels entering the country:

a) Place for handling procedures: The office of the Saigon Port Authority.

For passenger vessels and scheduled vessels, if border control and quarantine authorities consider it necessary to board the vessel for inspection, the place for handling entry procedures may be on the vessel while it is anchored at the virtual buoy number "O" Vung Tau or during its journey from the virtual buoy number "O" Vung Tau to the port, and only the requesting authority will be responsible for implementation.

For passenger ships and scheduled ships, if border guards and quarantine authorities consider it necessary to board the ship for inspection, the place for entry formalities may be on the ship while anchored at the "O" buoy area of Vung Tau or during the voyage from the "O" buoy area of Vung Tau to the port, and only the agency making such a request shall be responsible for carrying out the inspection.

b) Deadline for the vessel owner to handle procedures: Not later than 2 hours from when the vessel has safely anchored or berthed at the designated location by the Saigon Port Authority.

c) Deadline for specialized state management agencies to handle procedures: Not more than 1 hour from when the vessel owner submits and presents all valid documents as follows:

Documents to be submitted:

Vessel arrival/departure declaration form (Annex 1);

Crew list (Annex 2);

Passenger list (if applicable - Annex 3);

Sheet Cargo inventory declaration (Annex 4);

Sheet Crew baggage and cargo inventory declaration (according to a model prescribed by the General Department of Customs);

International health declaration form (according to a model prescribed by the Ministry of Health); Plant quarantine declaration form (according to a model prescribed by the Ministry of Agriculture and Rural Development);

Animal quarantine declaration form (according to a model prescribed by the Ministry of Agriculture and Rural Development); Prohibited items declaration form at the port (according to a model prescribed by the Border Guard Corps);

Crew logbook (for Vietnamese vessels); Prohibited items declaration form at the port (according to a model prescribed by the Border Guard Corps);

International vaccination certificate of crew members; Documents related to imported goods, transit goods, temporarily imported goods for re-exportation;

Documents to be presented (originals):

Certificate of vessel registration;

Certificates regarding the technical safety of the vessel as prescribed;

Crew logbook or corresponding crew book; Health quarantine certificate;

3.2.4. For Paragraph 4: Coordinate with the Maritime Police Force to educate and disseminate legalregulations related to the Maritime Police Force to organizations and individualsin the transportation sector operating in Vietnamese maritime areas.

Plant quarantine certificate;

Animal quarantine certificate or animal product certificate (if the goods are animal products) issued by the exporting country.

For passenger vessels, passengers must present the following documents (upon request):

Passport;

International vaccination certificate.

Notification of vessel departure from the port. 1. At least one hour before the vessel departs from the port, the vessel owner must notify the Saigon Port Authority of the vessel name and the expected departure time.

2. For vessels departing the country, immediately upon receiving the notification from the vessel owner, the Saigon Port Authority must promptly inform relevant specialized state management agencies to timely process the vessel's departure formalities.

Place, deadline, and documents required for vessel departure procedures from the port.

Article 8. a) Place for handling procedures: The office of the Saigon Port Authority.

b) Deadline for the vessel owner to handle procedures: Not later than 2 hours before the vessel departs from the port.

c) Deadline for the Saigon Port Authority to handle procedures: Not later than 1 hour from when the vessel owner presents all valid documents as specified in Point d below. Submit one copy of the Vessel Arrival/Departure Declaration Form (Annex 1);

Article 9. Present certificates of the vessel and crew professional competence certificates (if changed since arrival) (Annex 2);

1. Vietnamese vessels operating domestic routes:

Present documents confirming payment of fees, taxes, or settlement of debts as prescribed by law.

2. Vietnamese and foreign vessels departing the country:

a) Place for handling procedures: The office of the Saigon Port Authority, except for passenger vessels and scheduled vessels, the place for handling procedures is on the vessel.

d) When handling procedures, the vessel owner must submit and present the following documents:

b) Deadline for the vessel owner to handle procedures: Not later than 2 hours before the vessel departs from the port. For passenger vessels and scheduled vessels, the latest deadline is immediately before the vessel prepares to depart. c) Deadline for specialized state management agencies to handle procedures: Not later than 1 hour from when the vessel owner submits and presents all valid documents as specified in Point d below.

d) When handling procedures, the vessel owner must submit and present the following documents (originals):

One copy of the Vessel Arrival/Departure Declaration Form (Annex 1);

One copy of the Crew List, if changed since arrival (Annex 2);

One copy of the Passenger List, if changed since arrival (Annex A);

One copy of the Crew Baggage Declaration (model prescribed by the General Department of Customs);

Documents issued by specialized state management agencies for the vessel, crew, and passengers (to be retrieved);

Documents to be presented:

Documents to be submitted:

Vessel certificates (if changed since arrival); c) Deadline for specialized state management agencies to handle procedures: Not later than 1 hour from when the vessel owner submits and presents all valid documents as specified in Point d below.

Crew professional competence certificates (if changed since arrival);

Crew passports, Passenger passports;

International vaccination certificates of crew and passengers (if changed since arrival); Cargo inventory declaration (Annex 4);

International vaccination certificates of crew and passengers (if changed since arrival); Health quarantine certificate;

Animal quarantine certificate or animal product certificate (if the goods are animal products) issued by the Regional Veterinary Center under the Animal Health Service;

Documents related to exported goods, transit goods, temporarily imported goods for re-exportation, or transshipment as prescribed.

Ship certificates (if there have been changes since arrival);

Crew members' professional qualification certificates (if there have been changes since arrival);

3.2.4. For Paragraph 4: crew members' passports, Household passengers' passports;

International vaccination certificates of crew members and passengers (if there have been changes since arrival);

Health quarantine certificates,

Animal health quarantine certificates or animal product certificates (if the goods are animal products) issued by the Regional Veterinary Center under the Department of Animal Health;

Documents related to exported, transiting, temporarily imported for re-exported or transshipped goods as prescribed;

Documents related to the confirmation of payment of fees, charges, or settlement of debts as prescribed by law.

Article 10. The procedures for ships arriving at and departing from the port.

1. The procedures for ships entering and leaving the port shall be carried out by the ship owner.

2. Ship owners must submit or transfer declaration documents for ships arriving at and departing from the port through the information center of the Saigon Port Authority (fax, email) or by postal service or direct delivery. directly.

CHAPTER III

SOME PROVISIONS ON SPECIALIZED STATE MANAGEMENT AT THE PORT

Article 11. Some provisions on ship management.

1. In cases where the ship's registration papers, technical safety certificates of the ship, and certificates of crew members' professional qualifications have not changed since the ship's arrival, the ship owner does not need to submit or present these documents.

2. Vietnamese and foreign ships that have completed entry formalities at another Vietnamese port and then arrive at the port area of Ho Chi Minh City do not need to repeat the entry formalities as stipulated in Clause 2, Article 7 of this Decision. another Vietnamese port before arriving at the port area of Ho Chi Minh City, then they are not required to go through the entry formalities again as stipulated in Clause 2, Article 7 of this Decision. City; other specialized state management agencies base on the port transfer file (if any) issued by the corresponding specialized state management agencies at the previous port from which the ship departed to perform their regulatory duties according to current regulations. The Saigon Port Authority bases its decision to allow the ship to enter the port on the Port Departure Permit issued by the previous port authority. Other specialized state management agencies base their operations on the port transfer file (if any) issued by the corresponding agencies of the previous port authority according to current regulations. to decide whether to allow the ship to enter the port; other specialized state management agencies base on the port transfer file (if any) issued by the corresponding specialized state management agencies at the previous port from which the ship departed to perform their regulatory duties according to current regulations.

3. If the pre-declaration by the ship owner confirms that the ship is exempted from immunity and ensures safety against diseases affecting people and animals or plants, or if the ship operated in areas free from such diseases before entering Vietnam and was accepted by the specialized state management agency responsible for quarantine, then there will be no health inspection, animal quarantine, or plant quarantine procedures conducted for the ship and cargo in Vung Tau buoy number "O" area, except when there is reasonable doubt about the authenticity of the declaration made by the ship owner.

4. For the luggage of passengers on foreign cruise ships arriving at and departing from the port area of Ho Chi Minh City within the same trip, customs declaration procedures are not applied.

Article 12. ứApplication of information technology.

1. Specialized state management agencies at the port may use photocopies, faxes, emails related to ship, cargo, crew, and passenger documents provided by the ship owner or declarant before the ship enters or leaves the port. When processing formalities, the ship owner or declarant must present or submit original or certified copies of all required documents as stipulated.

2. Specialized state management agencies immediately implement projects for investment in installation, network connection, and effective operation of their own computer information systems according to the following principles:

a) Each specialized state management agency's computer information system must be connected to the central system of the Saigon Port Authority.

b) Investment and management costs for the information system are arranged by each specialized state management agency according to Circular No. 99/2001/TT-BTC dated December 5, 2001, guiding the prioritization of funds for the application and development of information technology issued by the Ministry of Finance. financial provisions in Circular No. 99/2001/TT-BTC dated December 5, 2001 guiding the priority allocation of funds for the application and development of information technology.

3. Encourage maritime, trade, and tourism enterprises operating at the port to invest in installing and connecting their computer information systems with those of specialized state management agencies at the port.

3. Encouragement is given to businesses engaged in maritime activities, trade, and tourism at the port to invest in installing and connecting their unit's computer information system with the computer information systems of specialized state management agencies at the port.

Article 13. 4. The Saigon Port Authority takes the lead and coordinates with other specialized state management agencies at the port to implement the application of information technology as stipulated in Clause 2 of this Article to ensure uniformity and effectiveness.

Professional inspection and supervision activities.

1. The inspection and supervision of ships, cargoes, passengers, and crew by specialized state management agencies at the port must be carried out strictly in accordance with this Decision, Vietnamese laws, and relevant international treaties to which Vietnam is a party.

2. Except in cases where there are signs of law violations or where it is deemed necessary to ensure national security, defense, and social order and safety, specialized state management agencies shall not carry out the following tasks:

a) Conducting customs surveillance or direct surveillance on Vietnamese and foreign ships traveling from the port area of Ho Chi Minh City to Vung Tau buoy number "O" area for departure, or vice versa when entering the port.

b) Conducting border guard surveillance directly on Vietnamese and foreign ships while they are moored or docked at positions within the port area of Ho Chi Minh City.

Article 14. 3. Strictly prohibited are acts of arbitrary power, self-interest, corruption, harassment, causing inconvenience, and other negative behaviors by staff of specialized state management agencies when performing assigned tasks; all violations will be handled according to the law.

Coordination responsibilities between specialized state management agencies.

1. Specialized state management agencies at the port are responsible for coordinating the implementation of tasks as prescribed by relevant laws and this Decision.

2. The Saigon Port Authority is the leading agency in organizing coordination of activities among specialized state management agencies at ports in the Ho Chi Minh City area according to the following principles:

4. Compiling lists of boarding students by class and department, clearly indicating their permanent or temporary addresses (name of the host, house number, street (village), ward (commune, town), district (county), and date of permanent or temporary residence registration. a) It is responsible for leading and coordinating the activities of specialized state management agencies at the port.

b) It promptly receives and transfers relevant information and documents concerning ships entering and leaving the port to other specialized state management agencies at the port.

3. Other specialized state management agencies at the port are responsible for coordinating with the Saigon Port Authority to organize the implementation of their own management tasks according to the following principles:

b) After receiving and processing the information notified by the Saigon Port Office or in case of arising issues, specialized state management agencies must immediately inform the Saigon Port Office to coordinate and promptly resolve the issues.

4. In addition to the current authorities, the Director of the Saigon Port Office has the right to perform the following tasks:

a) Organize and chair meetings and discussions with specialized state management agencies at the port to unify measures for resolving arising issues. and chair meetings and exchanges with specialized state management agencies at the port to unify measures to resolve emerging issues.

b) Request specialized state management agencies at the port to promptly notify the content and proposed measures for resolving arising issues. related.

c) Recommend to the Chairman of the People's Committee of Ho Chi Minh c) Propose to the Chairman of the People's Committee of Ho Chi Minh City to consider and promptly resolve arising issues within the city's authority, related to specialized state management at the port.

PART IV

IMPLEMENTING PROVISIONS

Article 15. EFFECTIVE DATE

This Decision takes effect from July 1, 2002 and is试行结束，剩余部分如下：

Article 16. Credit organizations on to implement.

1. The Ministry Ministry of Science and Technology of Transport shall take the lead and coordinate with the Chairman of the People's Committee of Ho Chi Minh City and leaders of relevant ministries and sectors to establish a Steering Committee to implement the pilot program as stipulated in this Decision. The Steering Committee shall be headed by a Deputy Minister of Transport.

2. During the implementation process, if any arising issues occur, the Ministry Ministry of Science and Technology of Transport shall be responsible for reviewing and proposing solutions to the competent authorities for resolution or resolving them within its authority.

3. Six months after the pilot application, the Ministry of Transport shall take the lead and coordinate with relevant ministries and sectors and the People's Committee of Ho Chi Minh City to evaluate the results of implementation and report to the Prime Minister.

4. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial and centrally-run city People's Committees, and heads of relevant agencies are responsible for implementing this Decision.

attached hereto.

(issued together with Decision No.

55/2002/QĐ-TTg dated April 23, 2002 of the Government Prime Minister)

PORT ENTRY/EXIT DECLARATION FORM

DECLARATION OF ARRIVAL/ DEPARTURE

To Departure

attached hereto to the People's Committee of the province.

(issued together with Decision

No. 55/2002/QĐ-TTg dated April 23, 2002 of the Government Prime Minister)

CREW LIST

CREW LIST

..., date..., month..., year...

CAPTAIN (AGENT OR OFFICER)

Master (Authorized agent or officer)

APPLICATION FORMS AND REGISTRATION TABLES FOR REQUESTING ISSUANCE OF CERTIFICATES AND LICENSES AND SAMPLES OF CERTIFICATES AND LICENSES

Issued together with Decision No. 55/2002/QĐ-TTg dated April 23, 2002 of the Government Prime Minister

PASSENGER LIST

Passenger list

… day … month … year …

CAPTAIN (AGENT OR OFFICER)

Master (Authorized agent or officer)

Appendix No. 4

(issued together with Decision

No. 55/2002/QĐ-TTg dated April 23, 2002 of the Government Prime Minister)

SHIP STORES DECLARATION

SHIP STORES DECLARATION

… day … month … year …

CAPTAIN (AGENT OR OFFICER)

Master (Authorized agent or officer)