Decree No. 77/2017/ND-CP stipulates management and security and public order protection at port gateways. It applies to vessels, Vietnamese and foreign individuals entering, exiting, and operating at port gateways. The Decree specifies border procedures, border inspection and supervision, issuance of visas and permits, as well as the responsibilities of state administrative agencies in protecting security and public order at port gateways.
Đối tượng áp dụng
Vietnamese and foreign vessels, Vietnamese and foreign individuals entering, exiting, and operating at port gateways. Specialized state administrative agencies at ports, functional forces, local authorities, and port enterprises.
Các điểm cốt lõi
- Vessels entering, exiting, transiting, or changing ports must complete border procedures as prescribed.
- Vietnamese and foreign individuals operating at port gateways must have permits or comply with entry and exit regulations.
- Border guards at port gateways carry out border inspection and supervision and issue visas and permits for vessels and individuals entering and exiting the port.
- Specialized state administrative agencies at ports cooperate with Border Guard Forces in protecting security and public order at port gateways.
- Individuals completing procedures must present required documents and comply with border inspection and supervision.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Strengthening management of security and public order at port gateways, protecting lawful rights and interests of citizens and businesses.
- Negative impact: May cause difficulties for vessels and passengers entering and exiting ports due to increased procedural requirements.
❓ Câu hỏi thường gặp
Is it necessary to complete entry procedures before arriving at a port gateway?
For foreign vessels, crew members, and passengers on foreign vessels, they must complete entry procedures at the first port gateway where the vessel arrives. For Vietnamese vessels, crew members, and passengers on Vietnamese vessels, they also need to complete entry procedures before leaving Vietnamese waters.
What types of permits are issued by border guards to foreigners?
Border guards at port gateways issue Landing Permits, Vietnamese Visas, and Shore Passes for crew members to foreigners when they need to enter, exit, transit, or work at port gateways.
How long does it take to complete border procedures?
The time to complete border procedures depends on the method of implementation: electronic or manual. In the electronic method, the time is when the individual receives confirmation; in the manual method, the time is when the border guard at the port gateway completes verification of the documents.
Who is responsible for managing crew members and passengers on board a vessel?
The ship captain is responsible for managing crew members and passengers on board, including taking necessary measures to prevent stowaways. Additionally, the ship captain must report to the border guard at the port gateway for coordinated handling within their authority.
Are there any permits for international travel agencies?
International travel agencies must submit documents such as Travel Programs, International Travel Agency Licenses, and Official Responses from the Exit and Entry Administration Department of the Ministry of Public Security regarding visa issuance at international gateways to the border guard at the port gateway.
Toàn văn
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 77/2017/NĐ-CP |
Hanoi, July 3, 2017 |
DECREE
Regulations on management and security protection at port gateways
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Vietnam Maritime Code dated November 25, 2015;
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 16, 2014;
Pursuant to the Inland Waterway Transport Law dated June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Inland Waterway Transport Law dated June 17, 2014;
Pursuant to the Law on the Sea of Vietnam dated June 21, 2012;
Pursuant to the National Border Law dated June 17, 2003;
Pursuant to the Ordinance on Border Guard dated March 28, 1997;
"Based on the proposal of the Minister of National Defense;"
The Government promulgates this Decree stipulating regulations on management and security protection at port gateways.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Decree provides for:
a) Border procedures; border inspection and supervision; issuance of visas, Shore Passes for seafarers, Landing Permits, and Permits issued by the Border Guard at port gateways;
b) Management of activities related to security and order involving Vietnamese and foreign nationals, Vietnamese vessels, and foreign-flagged vessels (hereinafter referred to collectively as foreign vessels), and other types of Vietnamese and foreign vehicles at port gateways;
Responsibilities of ministries, sectors, provincial People's Committees (hereinafter referred to collectively as provincial People's Committees) with port gateways, specialized state management agencies at ports; functional forces, local authorities, and port enterprises in managing and protecting security and order at port gateways.
2. Military ports serving defense and security purposes are not within the scope of regulation of this Decree.
3. In the case of military ports serving commercial purposes, they shall be implemented according to the provisions of this Decree and relevant laws.
Article 2. Applicability
1. Organizations, individuals, Vietnamese and foreign vessels and other types of vehicles entering, exiting, and operating at port gateways.
2. This Decree does not apply to foreign military vessels arriving in the Socialist Republic of Vietnam; Vietnamese military vessels and public security vessels engaged in defense and security tasks at port gateways.
Article 3. Explanation of Terms
In this Decree, the following terms are understood as follows:
1. Port gateways include sea port gateways and inland waterway port gateways:
Sea port gateway includes inland waterway ports, inland waterway wharfs, and fish ports located within the sea port waters.
Inland waterway port gateway includes inland waterway wharfs with pre-pier waters belonging to the inland waterway port gateway waters.
2. Entering vessels are Vietnamese and foreign vessels from outside the Vietnamese territorial waters into the Vietnamese territorial waters through the national maritime boundary of Vietnam, except for cases of innocent passage as provided for in Article 23 of the Vietnam Maritime Law dated June 21, 2012.
3. Exiting vessels are Vietnamese vessels leaving the Vietnamese territorial waters, and foreign vessels leaving the national maritime boundary of Vietnam, except for cases of innocent passage as provided for in Article 23 of the Vietnam Maritime Law dated June 21, 2012.
4. Transiting vessels are foreign vessels passing through and staying in the Vietnamese maritime border area to go to a third country, except for cases of innocent passage as provided for in Article 23 of the Vietnam Maritime Law dated June 21, 2012; vessels traveling along the transit route specified in the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport.
5. Port-changing vessels are foreign vessels, Vietnamese vessels with foreign crew members, and foreign passengers on board who have completed entry formalities at one Vietnamese port gateway and then move to another Vietnamese port gateway.
7. Specialized state management agencies at ports include the Border Guard Units at Port Gateways, Customs Units at Port Gateways, Marine Port Inspection Units at Sea Port Gateways, Inland Waterway Port Inspection Units at Inland Waterway Port Gateways, International Health Quarantine, Animal Quarantine, and Plant Quarantine.
8. Border procedures at port gateways are the sequence, method of implementation, documents, requirements, and conditions that the person making the procedure and the Border Guard Unit at Port Gateway must fulfill to process the entry and exit of Vietnamese persons and vessels, and the entry, exit, transit, and port change of foreign persons and vessels at port gateways.
Border procedures at port gateways include entry procedures, exit procedures, transit procedures, departure port change procedures, and arrival port change procedures.
9. Electronic border procedures are the process where the person making the procedure and the Border Guard Unit at Port Gateway implement border procedures through electronic declarations.
10. Manual border procedures are the process where the person making the procedure and the Border Guard Unit at Port Gateway implement border procedures through paper declarations.
11. Border inspection and supervision at port gateways are measures taken by the Border Guard to examine, evaluate, and determine the legality of various documents and activities of persons and vehicles entering and exiting port gateways to maintain the law, ensure security and order, prevent, detect, stop, and handle violations of the law at port gateways.
12. The permit specified in point a, Clause 1, Article 1 of this Decree is a document issued by the Border Guard at the port gate, allowing Vietnamese and foreign individuals to disembark from foreign vessels anchored at the port to carry out press activities, scientific research, sightseeing; Vietnamese and foreign individuals to control means of transportation docking foreign vessels; foreign seafarers to stay overnight on shore or disembark onto other vessels anchored at the port.
13. A person hiding on board a ship is someone secretly hiding within a vessel or cargo loaded onto a ship without the permission of the ship's owner, captain, or any other responsible person and is discovered on the ship before it leaves the port, during its voyage, or while unloading at the destination port.
Chapter II
BORDER GUARD PROCEDURES; BORDER GUARD INSPECTION AND SUPERVISION; ISSUANCE OF VISAS AND PERMITS BY THE BORDER GUARD AT PORT GATES
Section 1
BORDER GUARD PROCEDURES
Subsection 1
APPLICATION OF BORDER GUARD PROCEDURES FOR SHIPS ENTERING THE PORT, LEAVING THE PORT, TRANSITING THROUGH THE PORT, AND CHANGING PORTS
Article 4. Ships Entering the Port
When ships entering the port, crew members, and passengers on those ships enter the Vietnamese maritime border area, they must complete entry procedures at the first port gate where the ship arrives.
Article 5. Ships Leaving the Port
1. Foreign ships leaving the port, crew members, and passengers on those ships must complete departure procedures at the last port gate where the ship departs before leaving Vietnam’s maritime border.
2. Vietnamese ships leaving the port, crew members, and passengers on those ships must complete departure procedures at the last port gate where the ship departs before leaving Vietnamese waters.
Article 6. Ships Transiting Through the Port
1. Ships transiting through the port must complete transit procedures when entering the Vietnamese maritime border area.
2. During the transit period, along the transit route, the captain must be responsible for managing the crew, passengers, and cargo on the ship, maintaining the sealed condition and border guard records; no one may disembark from the ship, leave the ship, dock alongside the ship, or engage in other activities without permission from the competent authority of Vietnam, except for staff, vehicles of specialized state management agencies at the port, pilots, personnel performing procedural tasks, and medical staff providing emergency care to crew members and passengers.
Article 7. Ships Changing Ports
Ships changing ports must complete the following procedures:
1. Pre-departure port change procedures before leaving one port gate to move to another port gate in Vietnam.
2. Arrival port change procedures upon arriving at a port gate from another port gate in Vietnam.
Subsection 2
TIME LIMITS FOR COMPLETING BORDER GUARD PROCEDURES; RESPONSIBILITIES IN IMPLEMENTING BORDER GUARD PROCEDURES
Article 8. Time Limits for Completing Border Guard Procedures
1. For ships
a) The time point for determining the completion of border guard procedures via electronic means is the moment the procedural officer receives confirmation of the completion of electronic border guard procedures for ships entering, leaving, transiting, or changing ports;
b) The time point for determining the completion of border guard procedures via manual means is the moment the Border Guard at the port gate completes verification and stamps the general declaration form for ships entering, leaving, or transiting; seals the transfer documents for ships departing from a port change; accepts and completes verification of the transfer documents for ships arriving at a port change.
2. For crew members and passengers
a) The time point for determining the completion of border guard procedures for foreign crew members on ships conducting electronic border guard procedures is the moment the procedural officer receives confirmation of the completion of electronic border guard procedures for ships entering, leaving, transiting, or changing ports;
b) The time point for determining the completion of border guard procedures for foreign crew members on ships conducting manual border guard procedures is the moment the Border Guard at the port gate completes verification and stamps the crew list;
c) The time point for completing border guard procedures for Vietnamese crew members and passengers is the moment the Border Guard at the port gate completes verification and stamps the passports of the crew members and passengers.
Article 9. Responsibilities in Implementing Border Control Procedures
1. Responsibilities of the Border Guard at the Port Gate
a) Implement border control procedures 24 hours a day;
b) Receive, check the legality and validity, and verify according to regulations the various types of documents submitted and presented by the person handling the procedure;
c) After completing the border control procedure, the Border Guard at the Port Gate must return the documents presented by the person handling the procedure, except in cases where there is a decision to temporarily detain the documents according to the provisions of the law for the purpose of ensuring the handling of violations or temporarily holding the documents until the individual or organization violating the law complies with the decision of the competent authority;
d) Receive and handle requests from the person handling the procedure within the scope of authority prescribed by law.
2. Responsibilities of the Person Handling the Procedure
a) Declare, submit, and present the required documents as stipulated in this Decree and relevant laws;
b) Comply with decisions and requirements of the Border Guard at the Port Gate as prescribed by law when handling border control procedures;
c) Before, during, or after handling the border control procedure, if the ship captain discovers individuals hiding on board, they must take necessary measures to prevent them based on specific circumstances, prepare documentation, protect evidence, closely manage and supervise the individuals hiding on board, and immediately inform the Border Guard at the Port Gate to coordinate with relevant authorities to handle the situation according to their jurisdiction.
Subsection 3.
IMPLEMENTING BORDER CONTROL PROCEDURES THROUGH ELECTRONIC MEANS
Article 10. Implementation of Border Control Procedures through the National Single Window Portal
1. Border control procedures through electronic means are implemented via the National Single Window Portal in accordance with the law on the national single window mechanism.
2. In case of technical issues with the National Single Window Portal, the person handling the procedure may implement border control procedures through the Electronic Border Control Portal for Seaports as prescribed by the Prime Minister or manually as provided for in Articles 12, 13, 14, 15, 16, and 17 of this Decree.
Article 11. Subjects Applying Border Control Procedures Through Electronic Means
1. Vietnamese vessels entering or exiting the country.
2. Foreign vessels entering, exiting, transiting, or changing ports.
3. Vessels permitted by Vietnamese competent authorities to enter ports, including:
a) Foreign vessels powered by nuclear energy or carrying radioactive materials;
b) Foreign vessels arriving at ports to conduct scientific research, cultural, sports, fishing, rescue, salvage, towing support, construction, survey, and repair activities;
c) Foreign vessels arriving in Vietnamese waters to conduct survey, exploration, resource exploitation, and environmental activities.
4. Foreign crew members on foreign vessels entering, exiting, transiting, or changing ports.
5. Vessels and crew members applying manual border control procedures as stipulated in Clauses 1 and 4 of Article 12 of this Decree may implement border control procedures electronically when the Border Guard and relevant specialized state management agencies meet the infrastructure requirements for information technology and specialized business management needs.
Subsection 4
IMPLEMENTING BORDER CONTROL PROCEDURES THROUGH MANUAL MEANS
Article 12. Objects subject to border control procedures conducted manually
1. Vietnamese fishing vessels.
2. Foreign vessels due to urgent reasons requesting entry to avoid storms, provide emergency assistance to crew members or passengers, or have suffered accidents.
3. Vessels that cannot complete border control procedures electronically due to technical issues with the National Single Window Portal or the Electronic Border Control Procedures Portal at seaports.
4. Vietnamese crew members.
5. Vietnamese and foreign passengers.
Article 13. Border control procedures conducted manually for vessels entering, exiting, or transiting
1. Implementation location
a) At the main office or representative office of the Maritime Port Authority or Inland Waterway Transport Authority;
b) On board the vessel in accordance with laws governing maritime activities;
c) Except for cases where procedures are carried out on board the vessel as stipulated by laws governing maritime activities, the Seaport Border Guard Post shall notify and coordinate with the Maritime Port Authority or Inland Waterway Transport Authority to conduct border control procedures on board the vessel in the following situations:
There are individuals hiding on the vessel;
The vessel shows clear signs of violating laws related to security and public order;
There is evidence indicating incomplete or inaccurate declarations regarding crew members or passengers;
There is evidence indicating that crew members or passengers used counterfeit passports or international travel documents to enter, exit, or transit.
2. Time limit for implementation and file components: To be implemented according to laws governing maritime activities.
3. Foreign crew members may use their Seaman's Booklet when entering, exiting, or transiting in the following cases:
a) Not having a passport or international travel document;
b) Passport or international travel document has expired.
4. When processing departure procedures for vessels, the person handling the procedure must return the Crew Member Shore Pass (if applicable) to the Seaport Border Guard Post, except for crew members on vessels specified in point b, Clause 2, Article 23 of this Decree.
Article 14. Border control procedures conducted manually for vessels changing ports
1. Implementation location: As stipulated in Clause 1, Article 13 of this Decree.
2. For vessels departing from a port
a) File components and time limits are governed by laws regulating maritime activities;
b) When processing departure procedures for vessels, the person handling the procedure must return the Crew Member Shore Pass (if applicable) to the Seaport Border Guard Post, except for crew members on vessels specified in point b, Clause 2, Article 23 of this Decree.
3. For vessels arriving at a port
a) Within two hours after the vessel safely docks at the wharf; within four hours after the vessel safely moors at other locations within the port waters, the person handling the procedure must submit the port change file to the Seaport Border Guard Post at the arrival port;
b) Within thirty minutes, the Seaport Border Guard Post at the arrival port must complete the inspection of the port change file, allowing the vessel to commence cargo operations and other activities according to its schedule and plan.
Article 15. Border procedures conducted manually for cruise ships, crew members, and passengers on international tourist cruise ships
1. In addition to complying with the provisions of Article 13 of this Decree, the international travel agency must submit to the Port Border Guard the following documents at least 12 hours before the ship arrives at the port:
a) One original copy of the Tour Program for passengers;
b) One copy of the International Travel Agency Business License (for the first time receiving passengers at the port);
c) One original copy of the Official Letter responding to the request for visa issuance at the international border gate from the Exit and Entry Administration under the Ministry of Public Security, except for passengers holding passports already having a Vietnamese visa and those holding passports exempted from visa requirements for entry into Vietnam (if there are passengers requesting visa issuance at the port border gate).
In cases where due to objective reasons there is not enough time to submit the original document, upon the request of the international travel agency, the Port Border Guard may allow the submission of a fax copy or a copy of the Official Letter responding to the request for visa issuance at the international border gate from the Exit and Entry Administration under the Ministry of Public Security for passenger processing; within three days from the date of submitting the fax or copy, the travel agency must submit the original Official Letter to the Port Border Guard.
If passengers have their visa application processed at one port border gate by the international travel agency but the ship arrives at another port border gate, the Port Border Guard at the arrival port will accept the Official Letter responding to the request for visa issuance at the international border gate from the Exit and Entry Administration under the Ministry of Public Security and issue visas for passengers according to regulations without requiring reapproval of personnel.
2. The Port Border Guard shall issue visas for passengers on board the ship in accordance with the laws on entry and exit.
3. For international passenger ships permitted to carry domestic tourists between Vietnamese ports
a) Before the ship picks up passengers:
The person handling the procedure must submit to the Port Border Guard one copy of the permit issued by the competent authority of Vietnam allowing the ship to pick up domestic tourists between Vietnamese ports.
The travel agency must submit to the Port Border Guard one original copy of the Tour Program for domestic tourists and one original copy of the Passenger List.
b) Domestic tourists disembarking the ship must present to the Port Border Guard:
Foreign passengers must present their passport or other international travel documents.
Vietnamese passengers must present their Identity Card or Citizen Identification Card or passport or other documents substituting for a passport.
Article 16. Border procedures conducted manually for sailboats, sports boats, yachts, and persons on sailboats, sports boats, yachts
1. The location, file components, and time limit for implementation are regulated in Article 13 of this Decree.
2. Persons on sailboats, sports boats, yachts who do not hold a seaman's passport or seaman's book and are not assigned as part of the crew according to maritime law must have a passport or other international travel documents; they must obtain a visa from the competent authority of Vietnam upon entry, except in cases exempted from visa requirements for entry into Vietnam.
3. Persons on sailboats, sports boats, yachts who hold a seaman's passport or seaman's book and are assigned as part of the crew according to maritime law shall follow the border procedures and shore activities regulations applicable to seamen.
Article 17. Border Guard Procedures for Vietnamese Fishing Vessels, Crew Members, and Passengers on Vietnamese Fishing Vessels Engaged in Marine Product Harvesting Activities in Waters Outside the Exclusive Economic Zone of Vietnam
1. Vietnamese fishing vessels engaged in marine product harvesting activities in waters outside the exclusive economic zone of Vietnam must complete departure formalities before leaving Vietnamese territorial waters and entry formalities upon returning to the maritime border area of Vietnam.
2. Place of Implementation: As stipulated at point a Clause 1 Article 13 of this Decree.
3. Documents Required
a) Types of documents that the person handling the procedures must submit:
When completing departure formalities: Two original copies of the General Declaration Form, Crew List, Passenger List (if applicable), Weapons and Explosive Materials Declaration Form (if applicable), People Concealed on Board Declaration Form (if applicable).
When completing entry formalities: One original copy of each of the above-mentioned documents.
The format of the documents required to be submitted shall comply with the regulations under the Law on Management of Maritime Activities.
When completing departure formalities: Original copy of the Permit for Vietnamese Fishing Vessels to Engage in Marine Product Harvesting Activities in Waters Outside the Exclusive Economic Zone of Vietnam issued by the Fisheries General Department under the Ministry of Agriculture and Rural Development; ordinary passports and crew member books of the crew members; passports of passengers (if applicable).
When completing entry formalities: Ordinary passports and crew member books of the crew members; passports of passengers (if applicable).
c) The border guard at the port customs checkpoint shall return one original copy of each of the documents submitted by the person handling the procedures after they have been verified for departure.
4. Time Limit for Completion
a) At least twelve hours prior to the scheduled departure time and within one hour after arrival, the person handling the procedures must submit and present to the border guard at the port customs checkpoint all types of documents specified in points a and b Clause 3 of this Article.
b) Within one hour from the time of receiving all types of documents submitted and presented by the person handling the procedures, the border guard at the port customs checkpoint must complete the departure and entry formalities for the vessel, crew members, and passengers (if applicable).
Section 2
BORDER GUARD INSPECTION AND SUPERVISION
Article 18. Objects Subject to Border Guard Inspection and Supervision
1. Vietnamese vessels departing and arriving; foreign vessels entering, exiting, transiting, or changing ports; Vietnamese vessels operating domestic routes within the port customs checkpoint; other Vietnamese and foreign means of transport entering, exiting, or operating at the port customs checkpoint.
2. Foreign vessels anchoring, repairing at new construction, conversion, or repair facilities outside the port customs checkpoint.
3. Vietnamese and foreign nationals entering, exiting, or operating at the port customs checkpoint.
4. Types of documents of persons and means of transport entering, exiting, or operating at the port customs checkpoint, including:
a) Electronic declarations or paper declarations made by the person handling the procedures when completing border guard formalities and registering arrivals and departures from the port customs checkpoint for Vietnamese vessels operating domestic routes and inland waterway vessels;
b) Passports or travel documents of foreign nationals; passports or documents substituting for passports, Identity Cards, Citizen Identification Cards of Vietnamese nationals;
c) Certificates or licenses corresponding to the purpose of operation of Vietnamese and foreign nationals at the port customs checkpoint;
d) Permits issued by competent authorities of Vietnam for vessels and other means of transport to enter and operate at the port customs checkpoint in areas requiring permits under the law.
Article 19. Contents of border guard inspection and supervision
1. Inspection of the legality and validity of various types of documents specified in Clause 4, Article 18 of this Decree.
2. Inspection of actual crew members and passengers on board vessels.
3. Supervision of activities of persons, vessels, and other types of means prescribed in Clauses 1, 2, and 3 of Article 18 of this Decree.
Article 20. Measures for border guard inspection and supervision
1. Inspection and verification of information declared in electronic declarations and paper declarations submitted by the person handling the procedures against the documents presented by the person handling the exit and entry procedures.
2. Inspection and verification between the types of documents specified in point b, Clause 4, Article 18 of this Decree and the appearance of the persons carrying such documents.
3. Inspection and verification between the contents recorded in the types of documents specified in points c and d, Clause 4, Article 18 of this Decree and the activities of the persons and means issued such documents.
4. Direct inspection and supervision at vessels in the following cases:
a) International tourist cruise ships;
b) Vessels and persons on board with clear signs of violation of laws on immigration, security;
In cases where vessels and persons on board commit violations under the customs, maritime, and disease prevention sectors, the border guard port checkpoint has the responsibility to cooperate in direct inspection and supervision at the vessel upon request from specialized management agencies at the port;
c) There are persons hiding on board the vessel;
d) There is evidence that the declaration about the vessel, crew members, and passengers is incomplete or inaccurate;
đ) Upon determination that it is necessary based on a proposal from the shipowner or captain;
e) The Border Guard Post Commander or the Border Guard Port Checkpoint Commander decides to conduct direct inspection and supervision at the vessel and shall be responsible before the law for their decision.
5. Area supervision at wharves and port waters.
6. Direct supervision at the port gate and control stations.
7. Supervision using technical means.
8. Patrol and mobile control.
9. Professional measures as prescribed by law.
Section 3
ISSUE OF VISAS AND OTHER PERMITS
Article 21. Types of permits issued by the border guard port checkpoint
1. Vietnam visa.
2. Permit to disembark:
a) Disembarkation permit valid for 12 months, implemented according to Model No. 01 attached to this Decree;
b) Disembarkation permit valid for three months, implemented according to Model No. 02 attached to this Decree.
3. Permit, implemented according to Model No. 03 attached to this Decree.
4. Shore leave permit for crew members, implemented according to Model No. 04 attached to this Decree.
Article 22. Issuance of visas
1. The border guard port checkpoint issues visas in accordance with the provisions of Article 18 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014.
2. In cases where due to objective reasons there is not enough time to submit the original reply letter requesting a visa at the international border gate from the Department of Immigration under the Ministry of Public Security, upon the request of the person handling the procedures, the border guard port checkpoint allows the person handling the procedures to submit a fax copy or a photocopy to process the visa issuance and within three days from the submission of the fax or photocopy, the person handling the procedures must submit the original to the border guard port checkpoint.
3. Immediately after receiving all documents submitted and presented by the person requesting the visa, the border guard port checkpoint inspects, verifies, and issues the visa according to regulations at the border guard port checkpoint office or on board the international tourist cruise ship.
4. The objects and procedures for issuing electronic visas are carried out in accordance with the legal provisions on the issuance of electronic visas.
Article 23. Issuance of Shore Leave Permit for Seafarers
1. Subjects eligible to receive Shore Leave Permit for Seafarers
Foreign seafarers working on Vietnamese vessels, foreign vessels that have completed entry formalities and port transfer procedures, and who wish to go ashore during the time the vessel is moored at the port gate.
2. Validity of the Shore Leave Permit for Seafarers
a) It is only valid for one voyage;
b) For foreign seafarers on regular route vessels and vessels operating in areas outside the waters of the port gate, upon the captain's request, the Port Border Guard may allow the seafarer to use the Shore Leave Permit for multiple voyages with a validity period not exceeding one month from the date of issuance;
c) The person handling the procedure is responsible for collecting the Shore Leave Permit of the seafarer once it has expired and returning it to the Port Border Guard.
3. Procedures for Issuing Shore Leave Permit for Seafarers
a) The person handling the registration for shore leave for the seafarer must note this in the Remarks section of the General Declaration Form.
In cases where registration has not been made in the General Declaration Form, if the seafarer wishes to go ashore, the captain must submit a written request to the Port Border Guard;
b) Immediately upon receiving the request for shore leave, the Port Border Guard will issue the Shore Leave Permit for Seafarers at its office;
c) Fees for issuing the Shore Leave Permit for Seafarers shall be in accordance with the laws on fees and charges.
Article 24. Issuance of Onboard Permit
1. Subjects Eligible to Receive Onboard Permit
a) Onboard Permit with a validity of 12 months:
Issued to Vietnamese and foreign individuals belonging to agencies, organizations, and enterprises that need to frequently board foreign vessels for work purposes not exceeding 12 months, except for staff of specialized administrative agencies at the port;
b) Onboard Permit with a validity of 3 months:
Issued to Vietnamese and foreign individuals belonging to agencies, organizations, and enterprises that need to frequently board foreign vessels, foreign individuals boarding Vietnamese vessels, and foreign vessels for work purposes not exceeding 3 months, except for staff of specialized administrative agencies at the port.
2. Validity of the Onboard Permit
a) An Onboard Permit issued by a Port Border Guard unit is only valid at the port gate managed by that Port Border Guard unit;
b) When operating at the port gate, if the permit holder violates the law, the Onboard Permit will be revoked.
3. Procedures for Issuing Onboard Permit
a) The person applying for the Onboard Permit or their representative from the managing agency or enterprise must submit and present the following documents to the Port Border Guard:
Documents to be submitted: A letter of introduction or a document requesting the issuance of the Onboard Permit from the managing agency or enterprise; one list of the applicants for the Onboard Permit, implemented according to Model No. 05 attached to this Decree; for those applying for an Onboard Permit with a validity of 12 months, one color photograph measuring 2 cm x 3 cm must also be submitted.
Documents to be presented for foreign individuals: Passport or international travel documents;
b) Immediately upon receiving all required documents as stipulated in point a of this clause, the Port Border Guard will issue the Onboard Permit;
c) Fees for issuing the Onboard Permit shall be in accordance with the laws on fees and charges.
4. Individuals holding an Onboard Permit must strictly comply with Vietnamese laws and regulations specified in the Onboard Permit.
5. The Port Border Guard will refuse to issue an Onboard Permit and must provide a written response stating the reasons in the following cases:
a) For reasons of national defense and security;
b) If the applicant for the Onboard Permit is prohibited from leaving Vietnam or temporarily suspended from leaving Vietnam; using counterfeit identity documents or expired ones;
c) To ensure social order and safety; to prevent and control diseases.
Article 25. Issuance of Permits for Vietnamese and foreign individuals to board foreign vessels moored at ports; for foreign individuals to board Vietnamese vessels moored at ports; for controllers of Vietnamese and foreign vessels to dock alongside foreign vessels; and for foreign crew members to stay overnight onshore or to board other vessels moored at ports.
1. OBJECTS ELIGIBLE FOR LICENSE
a) Vietnamese and foreign individuals boarding foreign vessels moored at ports to carry out press activities, scientific research, or sightseeing.
b) Foreign individuals boarding Vietnamese vessels moored at ports to carry out press activities, scientific research, or sightseeing.
c) Controllers of Vietnamese and foreign vessels docking alongside foreign vessels.
d) Foreign crew members requesting to stay overnight onshore or to board other vessels moored at ports.
2. Validity of the Permit
a) The Permit issued to the subjects specified in points a, b, and c of Clause 1 of this Article shall be valid for use during a single voyage with a duration not exceeding ten days.
b) The Permit issued to the subject specified in point d of Clause 1 of this Article shall be valid for use during a single voyage according to the period stated on the Permit.
The holder of the Permit may only board the foreign vessel specified in the Permit; they must present the Permit along with personal identification documents bearing the number recorded on the Permit to the port border guard force for inspection.
For staff of agencies, enterprises, and ship agents working or conducting transactions with offshore operating vessels, or workers in the drilling rig area, upon request from their managing agency or enterprise, the port border guard will permit the holder of the Permit to board all foreign vessels moored and operating in that area.
3. Procedures for Issuing the Permit
a) The individual applying for the Permit or a representative of the managing agency or enterprise shall submit and present the following documents to the port border guard:
Documents to be submitted: An introduction letter or official document from the managing agency or enterprise, an invitation letter or application from the captain.
In cases where an agency or enterprise applies for the Permit for two or more individuals: A list of the individuals applying for the Permit including: Name; nationality; place of birth; date of birth; position; number of the Identity Card or Citizen Identification Card or passport or international travel document.
Documents to be presented:
For foreign individuals specified in points a, b, and c of Clause 1 of this Article: Passport or international travel document.
For Vietnamese individuals specified in points a and c of Clause 1 of this Article: Identity Card or Citizen Identification Card or passport or document substituting for a passport.
b) Immediately upon receiving all required documents as stipulated in point a of this clause, the port border guard shall issue the Permit.
c) Fees for issuing the Permit shall be levied in accordance with laws on fees and charges.
4. Individuals granted the Permit to board vessels must strictly comply with Vietnamese laws and regulations set forth in the Permit.
5. The port border guard shall refuse to issue the Permit and provide a written response stating the reasons in the following cases:
a) For reasons of national defense and security;
b) The individual applying for the Permit falls under the category of those prohibited from leaving Vietnam or temporarily suspended from leaving Vietnam; using counterfeit or expired personal identification documents.
c) To ensure social order and safety; to prevent and control diseases.
Chapter III
ACTIVITIES OF PERSONS AND VESSELS AT PORT BORDERS
Section 1
ACTIVITIES OF VIETNAMESE AND FOREIGN PERSONS AT PORT BORDERS
Article 26. Vietnamese persons and foreign persons operating at port border gates
1. Vietnamese persons disembarking from foreign vessels, except for officials and staff of specialized state management agencies at the port performing their duties, medical personnel disembarking from foreign vessels to provide emergency care to crew members and passengers; foreign persons disembarking from foreign vessels or Vietnamese vessels to work or carry out activities while the vessel is moored at the port border gate must have a permit issued by the Border Guard of the port border gate in accordance with Articles 24 and 25 of this Decree and must comply with inspections and supervision by the Border Guard of the port border gate.
2. Foreign persons coming to work or operate at the port border gate
a) Must have a passport or other international travel document;
b) Must comply with inspections and supervision by the Border Guard of the port border gate, specialized state management agencies at the port, and related enforcement forces;
c) At least 12 hours before a foreign person arrives to work or operate at the port, the receiving agency or enterprise must notify in writing the Border Guard of the port border gate about the name, nationality, passport number or number of the international travel document; the name and address of the organization where the foreign person will work; the start time, end time, content of work, and place of work at the port border gate.
3. Vietnamese persons and foreign persons are not permitted to disembark or leave vessels before and during the process of entering the country, transferring to another port, and after the process of exiting the country, transferring from a port, except for officials and staff of specialized state management agencies at the port, pilots, customs officers performing their duties, and medical personnel disembarking from vessels to examine and treat crew members and passengers.
4. For vessels implementing electronic border procedures, immediately after the vessel safely docks at the port, Vietnamese persons and foreign persons related may disembark or leave the vessel to perform activities serving cargo handling and other activities according to the program and plan until the vessel departs from the port.
5. Crew members and passengers who do not meet the conditions for entry into Vietnam under Vietnamese law are not permitted to leave the vessel, except in cases provided for in Article 28 of this Decree.
The ship captain is responsible for managing these crew members and passengers on board until the vessel leaves Vietnamese waters.
Article 27. Crew members and passengers on vessels that have not completed the procedure for entering the country or transferring to another port must be taken to hospitals in Vietnam for emergency treatment
1. Before the vessel arrives at the port, the person handling the procedures must notify the Border Guard of the port border gate where the vessel is arriving about the number and health condition of crew members and passengers requiring emergency treatment; the arrival time at the port and the mooring position at the port.
2. After taking crew members and passengers for emergency treatment, the person handling the procedures must report to the Border Guard of the port border gate with full information about the crew members and passengers to complete the entry procedures or transfer procedures for the crew members and passengers in accordance with this Decree and relevant laws.
3. In cases where crew members or passengers discharged from the hospital do not return to the vessel and wish to exit through another border gate, before the vessel departs from the port, the ship captain must submit a written request for the crew members and passengers to exit through another border gate and present the discharge certificate or transfer certificate of the crew members and passengers to the Border Guard of the port border gate to complete the exit procedures through another border gate for the crew members and passengers in accordance with regulations.
4. In cases where foreign crew members must be taken to hospitals outside the province or centrally-administered city where the vessel is moored, after providing emergency treatment, the person handling the procedures must go to the Border Guard of the port border gate to apply for a visa for the crew member who does not qualify for visa exemption upon entry into Vietnam.
Article 28. Foreign seafarers and passengers who do not meet the conditions for entry as prescribed by Vietnamese law must be taken to hospitals in Vietnam for emergency treatment.
1. After taking seafarers and passengers for emergency treatment, the ship captain must submit a document containing the following information to the Border Guard at the port gate:
a) Fully reporting the information and health status of the seafarers and passengers;
b) Committing to bear full responsibility for all costs related to the treatment of the seafarers and passengers, supervision by Vietnamese competent authorities, and costs for activities to leave Vietnamese territory after discharge from the hospital.
2. The Border Guard at the port gate will accept the document submitted by the ship captain, establish a case file, refrain from processing entry formalities for the seafarers and passengers; notify relevant authorities; assign staff to supervise during the time the seafarers and passengers are receiving treatment.
3. During the treatment period, seafarers and passengers are not allowed to leave the medical facility without permission and must comply with the inspection and supervision of the Border Guard at the port gate.
4. Upon discharge from the hospital, seafarers and passengers are required to depart the country.
a) In cases where the vessel has not yet departed, the Border Guard at the port gate will coordinate with the person handling the procedures to return the seafarers and passengers to the vessel for departure with the vessel;
b) In cases where the vessel has already departed, seafarers and passengers are required to depart through another border gate according to Vietnamese law.
Article 29. Foreign Seafarers Going Ashore
1. During the time the vessel is moored at the port gate, each day, foreign seafarers are permitted to go ashore within the province or centrally-administered city where the vessel is moored until 24 hours, without requesting a visa, but must hold a Shore Leave Permit issued by the Border Guard at the port gate in accordance with Article 23 of this Decree.
2. Seafarers are permitted to go ashore after the vessel has completed entry formalities and port transfer procedures and must return to the vessel before the vessel processes departure formalities and port transfer procedures.
For vessels that have completed electronic border procedures, seafarers are permitted to go ashore immediately after the vessel safely docks at the port.
The ship captain shall be responsible in cases where departure formalities or port transfer procedures are delayed due to seafarers going ashore not returning to the vessel.
3. Seafarers going ashore or departing through other border gates
a) When going ashore within the province or centrally-administered city where the vessel is moored:
Seafarers must carry their Shore Leave Permit and personal identification documents that have been declared, present them when entering the country; comply with instructions and be subject to inspection and supervision by the Border Guard at the port gate; adhere to relevant Vietnamese laws.
Seafarers staying overnight on shore must have a request from the ship captain and obtain a permit from the Border Guard at the port gate in accordance with Article 25 of this Decree;
b) When going ashore outside the province or centrally-administered city where the vessel is moored or departing through another border gate:
Seafarers must have a visa, except in cases where they hold a passport exempt from visa requirements for Vietnam and must comply with regulations on entry and exit. The Border Guard at the port gate will issue visas in accordance with Article 22 of this Decree.
In cases where the seafarer's passport or international travel document has expired or the seafarer does not have a passport or international travel document, the seafarer may use the seafarer number for entry and exit.
4. Seafarers who violate the law while going ashore will be dealt with according to Vietnamese law.
Section 2
PORT GATE ACTIVITIES OF VESSELS
Article 30. Vessels and other types of means operating at port customs checkpoints
1. Vietnamese vessels exiting, entering; foreign vessels entering, exiting, transiting, changing ports must obtain permission from the competent authority of Vietnam and pass through the correct checkpoint, maritime channel, transit route, transit area.
2. Vietnamese and foreign means, except for means of specialized state management agencies at the port, pilots, tugboats performing tasks, shall not berth alongside vessels during the time such vessels are processing entry formalities, changing to arrival ports, and after such vessels have processed exit formalities, changing to departure ports.
For vessels implementing electronic border control procedures at sea ports, immediately after the vessel safely docks at the port, Vietnamese and foreign means related may berth alongside the vessel to carry out activities serving cargo handling and other activities according to the program and plan until the vessel leaves the port.
3. Other types of means entering, exiting, and operating at port customs checkpoints must comply with the provisions of this Decree, relevant laws; be subject to inspection, examination, supervision by the Port Border Guard and other functional forces.
Article 31. Vietnamese sea vessels operating domestic routes and inland waterway vessels arriving at, departing from port customs checkpoints
1. Vietnamese sea vessels operating domestic routes and inland waterway vessels arriving at, departing from port customs checkpoints
a) Vietnamese sea vessels operating domestic routes must process arrival and departure formalities at the port in accordance with the law on maritime activity management and be subject to inspection, examination, supervision by the Port Border Guard during their anchorage at the port customs checkpoint;
b) Inland waterway vessels must register their arrivals and departures and be subject to inspection, examination, supervision by the Port Border Guard during their anchorage at the port customs checkpoint.
2. During the process of traveling, arriving, operating at port customs checkpoints, the captain of Vietnamese sea vessels operating domestic routes and inland waterway vessels must provide the Port Border Guard with information about the vessel, cargo, and other relevant security and order information upon request.
3. Place for processing, registering arrivals and departures
At the main office or representative office of the Maritime Port Authority, Inland Waterway Port Authority.
4. Time limit for processing, registering arrivals and departures
a) For Vietnamese sea vessels operating domestic routes: To be implemented in accordance with the law on maritime activity management;
b) For inland waterway vessels:
Within two hours after the inland waterway vessel safely docks at the wharf; within four hours after the inland waterway vessel safely docks at other locations within the port waters, the captain or ship owner, or the person authorized (hereinafter referred to collectively as the registrant) must register the arrival of the inland waterway vessel at the port.
One hour before the inland waterway vessel is expected to depart from the port customs checkpoint, the registrant must register the departure of the inland waterway vessel from the port.
Within thirty minutes from the time all required documents are fully submitted and presented in accordance with Clause 5 of this Article, the Port Border Guard must complete the registration of arrival and departure for the inland waterway vessel and return one copy of the declaration form of the submitted documents stamped with the arrival and departure control stamp as stipulated in Point a of Clause 5 of this Article.
5. Types of documents that the person processing formalities, the registrant must submit and present to the Port Border Guard when processing formalities and registering arrivals and departures for Vietnamese sea vessels operating domestic routes and inland waterway vessels
01 Crew List (to be submitted to the Marine Port Control Office);
For Vietnamese sea vessels operating domestic routes: To be implemented in accordance with the law on maritime activity management.
For inland waterway vessels: Two original copies of Crew List, two original copies of Passenger List (if applicable);
Certificate of Ship Registration;
For crew members: Seaman's Logbook or Seaman's Passport.
For passengers (if applicable): Passport or travel document with international validity or Identity Card or Citizen Identification Card.
6. When processing formalities, registering, inspecting, supervising Vietnamese sea vessels operating domestic routes and inland waterway vessels, the Port Border Guard may inspect:
a) Voyage logbook;
b) Documents related to cargo if there is cargo on Vietnamese sea vessels operating domestic routes and inland waterway vessels, including: Cargo transportation contract; goods purchase and sale contract and value-added tax invoice or internal dispatch and transport slip; transportation permit for goods transported under conditions issued by the competent authority of Vietnam;
c) The person processing formalities, the registrant has the responsibility to present the documents specified in Points a and b of this Clause when requested by the Port Border Guard.
7. For Vietnamese sea vessels operating domestic routes and inland waterway vessels processing formalities and registering arrivals and departures through the National Single Window Portal or the Sea Port Border Control Electronic Procedures Portal in accordance with the National Single Window Mechanism, the registrant does not need to submit the documents specified in Point a of Clause 5 of this Article, only presenting the documents specified in Point b of Clause 5 of this Article.
8. During the process of registering, controlling, inspecting, supervising, if it is found that Vietnamese sea vessels operating domestic routes and inland waterway vessels clearly violate the law or there is evidence to determine that the declaration information about the vessel, crew, passengers, cargo is incomplete or inaccurate, the Station Commander of the Port Border Guard Station, the Commandant of the Port Border Guard Battalion must issue a decision to directly inspect the vessel and bear legal responsibility for their decision.
Section 3
REFUSAL, TEMPORARY SUSPENSION, NOT YET PERMITTED TO ENTER OR EXIT, TRANSIT AT PORT CUSTOMS CHECKPOINTS
Article 32. Refusal, suspension of entry, exit, and transit for vessels
1. For reasons of national defense, security, special reasons affecting the economy and society, or to ensure maritime safety, prevent environmental pollution, diseases, violations of Vietnamese law, or other urgent reasons, foreign vessels may be refused or temporarily suspended from entry, exit, or transit; Vietnamese vessels may be temporarily suspended from exiting through port gateways.
2. The specialized state management agency at the port must issue a document clearly stating the reasons when deciding to refuse entry or transit, or to suspend entry, exit, or transit, and send it to the Maritime Port Service or the Inland Waterway Port Service where the vessel is handling entry, exit, or transit procedures, and shall bear legal responsibility for their decision.
3. The Maritime Port Service or the Inland Waterway Port Service is responsible for sending a notification document regarding refusal of entry or transit, or suspension of entry, exit, or transit to other specialized state management agencies at the port and the ship owner or captain.
Article 33. Denial of Entry, Suspension of Exit for Crew Members and Passengers at Port Gateways
1. Denial of entry and suspension of exit for foreign crew members and passengers shall be carried out in accordance with the provisions of Articles 21, 22, 28, and 29 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 16, 2014.
2. Suspension of exit for Vietnamese crew members and passengers shall be carried out in accordance with the provisions of Articles 21 and 22 of Decree No. 136/2007/ND-CP dated August 17, 2007 of the Government on Exit and Entry of Vietnamese Citizens.
Chapter IV
RESPONSIBILITIES IN PORT GATEWAY MANAGEMENT AND SECURITY MAINTENANCE
Article 34. Ministry of National Defense
1. To take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees with port gateways in managing and ensuring security and order at port gateways.
2. To implement border control according to the law at port gateways managed by the Ministry of National Defense.
3. To direct the Border Guard Force
a) To take the lead and coordinate with local public security forces, related sectors, local authorities, and port enterprises in managing and ensuring security and order at port gateways;
b) To deploy, utilize personnel, equipment, weapons, and support tools, and carry out border guard measures according to the law and regulations of the Ministry of National Defense to manage and ensure security and order at port gateways;
To conduct anti-terrorism, sabotage, crime prevention activities, smuggling, commercial fraud, and handle violations of the law at port gateways according to the law;
c) To be solely responsible for implementing border procedures; inspecting and supervising border activities; issuing visas and permits; registering, controlling, inspecting, and supervising individuals and means entering, exiting, and operating at port gateways according to this Decree and related laws;
d) To take the lead and coordinate with functional agencies, forces, and port enterprises to develop and implement cooperation regulations to ensure security and order at port gateways;
To regularly convene meetings with specialized state management agencies at the port, port enterprises, and local functional forces and authorities, and report on the security and order situation at port gateways;
Annually, to take the lead and coordinate with specialized state management agencies at the port, functional forces, and port enterprises to review and summarize the security and order situation at port gateways;
e) To coordinate with local public security forces in managing the state administration regarding the entry, exit, and transit of foreigners at port gateways;
f) To take the lead and coordinate with functional agencies and units to prevent, stop, and handle violations of the law concerning entry, exit, and transit at port gateways;
g) To participate in reviewing contents related to ensuring security and order in plans and schemes for port security of port enterprises; to participate in evaluating and confirming the implementation results of port security plans of port enterprises; to coordinate with port enterprises in managing port staff to ensure security and order at the port;
h) To implement the application of information technology in border control activities, issuance of various permits, administrative reform, and facilitation of individuals and means entering, exiting, and operating at port gateways.
h) Implement the application of information technology in border control activities for entry and exit, issuance of various permits, administrative reform procedures, and facilitation of persons and means of transport entering, exiting, and operating at port checkpoints.
Article 35. Relevant Ministries and Agencies
Within their respective duties and authorities, relevant ministries and agencies shall be responsible for directing and guiding specialized state management agencies under their jurisdiction to coordinate with the Border Guard in activities related to managing and ensuring security and public order at port gateways, and strictly handling violations according to the law.
Article 36. People's Committees of Provinces where Port Gateways are Located
Within their respective duties and authorities, People's Committees of provinces where port gateways are located shall be responsible for directing and guiding lower-level People's Committees and local forces and agencies to coordinate with the Border Guard in activities related to managing and ensuring security and public order at port gateways.
Article 37. Responsibilities for Coordination in Managing and Ensuring Security and Public Order at Port Gateways
1. At port gateways, specialized state management agencies shall deploy personnel and install technical equipment and facilities to meet operational requirements without affecting the normal operations of port enterprises.
2. Specialized state management agencies at ports, port enterprises, and police forces and local authorities, within their respective duties and authorities, shall be responsible for coordinating with the Border Guard at port gateways to perform tasks related to managing and ensuring security and public order at port gateways.
3. Responsibilities of Port Enterprises
a) Coordinate with the Border Guard at port gateways to arrange suitable office space and provide electricity supply at the entrance gate of the port or at appropriate locations within the port for the Border Guard to carry out inspection, supervision, management, and security tasks at the port;
b) Timely notify and coordinate with the Border Guard at port gateways when incidents related to security and public order occur at the port;
c) Provide information and data related to managing and ensuring security and public order at the port upon request from the Border Guard at port gateways; coordinate with the Border Guard at port gateways in managing port employees and ensuring security and public order at the port;
d) Adhere to the provisions of this Decree and related laws; ensure security and public order conditions at wharf areas where ships dock for cargo handling or passenger embarkation/disembarkation.
Article 38. Construction Projects and Works at Port Gateways
1. Organizations conducting surveys, designs, constructions, and implementation of projects and works related to national defense, security, or involving foreign elements at port gateways must notify in writing three working days prior to the Border Guard at port gateways about the list of persons, means, time, scope, and content of activities.
2. The construction of projects and works at port gateways must comply with legal regulations on construction, without affecting the safety of maritime structures, shipping channels, or marine environment.
3. When establishing projects and works related to national defense, security, or involving foreign elements at port gateways, local construction management agencies must seek written opinions from the Ministry of National Defense, Ministry of Public Security, relevant ministries and agencies, and provincial People's Committees before submitting to competent authorities for approval.
5. Persons and means entering, exiting, and operating to serve the construction of projects and works at port gateways must be subject to inspection and supervision by the Border Guard at port gateways.
Chapter V
IMPLEMENTING PROVISIONS
Article 39. Effective date
1. This Decree takes effect from August 20, 2017.
2. Abolish the effectiveness of Government Decree No. 50/2008/NĐ-CP dated April 21, 2008, on managing and ensuring security and public order at port gateways, and abolish the Dangerous Goods Declaration form in electronic border procedures as stipulated in Points a and b, Clause 5, Article 6 of Decision No. 10/2016/QĐ-TTg dated March 3, 2016, of the Prime Minister on implementing electronic border procedures for seaports.
3. Attach to this Decree Model Permits for Shore Leave of Seafarers, Permit to Board Ship, Permit, and List of Requests for Permit to Board Ship.
Article 40. Responsibility for Implementation
1. The Ministry of National Defense shall take the lead and coordinate with relevant ministries and agencies to organize the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly under the central government with port gateways shall be responsible for enforcing this Decree./.
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PRIME MINISTER |
ANNEX
MODELS OF PERMITS FOR SHORE LEAVE OF SEAFARERS; PERMIT TO BOARD SHIP; PERMIT; LIST OF REQUESTS FOR PERMIT TO BOARD SHIP
(Attached to Government Decree No. 77/2017/NĐ-CP dated July 3, 2017)
Model No. 01 Permit to Board Ship Valid for 12 Months
Model No. 02 Permit to Board Ship Valid for 3 Months
Model No. 03 Permit
Model No. 04 Permit for Shore Leave of Seafarer
Model No. 05 List of Requests for Permit to Board Ship
Form No. 01
1. Model
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Front Side |
Back Side |
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PORT GATEWAY BORDER GUARD... |
PERMIT TO BOARD SHIP |
NOTE - Strictly comply with Vietnamese laws, present the Permit to Board Ship when passing through checkpoints, and be subject to inspection and supervision by the Border Guard at the ship anchorage area. - Maintain state secrets. - Do not buy, sell, or exchange goods with foreign crew members or passengers. - Do not transport letters, documents, or prohibited goods on and off the ship. - Return the permit to the issuing authority when changing jobs or when the permit expires. |
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No.: ……./GPXT Image |
Expiry Date: FULL NAME: DATE OF BIRTH: NATIONALITY: ORGANIZATION: Authorized to board foreign ships anchored at ... Date Month Year UNIT COMMANDER |
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2. Specifications
- Size: 6.5 cm x 8.5 cm (± 0.5 mm).
- White paper type: ≥ 80%.
- Paper thickness: ≥ 120 g/m2.
- Framed with a 4 ½ pt size border evenly spaced 1 mm from the edge of the paper.
3. Font Style
a) Front side:
- “BPCK CẢNG…”: in Arial font, all caps, upright, size 9.
- “GIẤY PHÉP XUỐNG TÀU”: in Arial font, all caps, bold, size 12.
- “Số:…/GPXT”: in Arial font, upright, size 9.
- “Ngày hết hạn”: in Arial font, italic, size 9.
- “HỌ VÀ TÊN”, “NĂM SINH”, “QUỐC TỊCH”, “CƠ QUAN”: in Arial font, all caps, upright, size 8.
- “Được phép xuống tàu nước ngoài neo đậu tại cảng...”: in Arial font, upright, size 9.
- “Ngày tháng năm”: in Arial font, upright, size 9.
- “CHỈ HUY ĐƠN VỊ”: in Arial font, all caps, bold, size 10.
b) Backside:
- “CHÚ Ý”: in Arial font, all caps, bold, size 12.
- Remaining content: in Arial font, upright, size 9.
4. Content and Layout
As presented in the above model.
Form No. 02
1. Model
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Front Side |
Back Side |
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PORT GATEWAY BORDER GUARD... |
PERMIT TO BOARD SHIP |
NOTE - Must strictly comply with Vietnamese laws, present the Downship Permit along with ID card/passport when passing through checkpoints, and be subject to inspection and supervision by the Port Border Guard at the anchorage area. - Maintain state secrets. - Do not buy, sell, or exchange goods with foreign crew members or passengers. - Do not transport letters, documents, or prohibited goods on and off the ship. - Return the permit to the issuing authority when changing jobs or when the permit expires. |
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No.: ……./GPXT |
Expiry Date: |
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FULL NAME: DATE OF BIRTH: NATIONALITY: SỐ CMND/HỘ CHIẾU ORGANIZATION: Permitted to go down foreign ships anchored at: … Date Month Year UNIT COMMANDER |
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2. Specifications
- Size: 6.5 cm x 8.5 cm (± 0.5 mm).
- White paper type: ≥ 80%.
- Paper thickness: ≥ 120 g/m2.
- Framed with a 4 ½ pt size border evenly spaced 1 mm from the edge of the paper.
3. Font Style
a) Front side:
- “BPCK CẢNG…”: in Arial font, all caps, size 9.
- “GIẤY PHÉP XUỐNG TÀU”: in Arial font, all caps, bold, size 12.
- “Số: ……./GPXT”: in Arial font, upright, size 9.
- “Ngày hết hạn”: in Arial font, italic, size 9.
- “HỌ VÀ TÊN”, “NĂM SINH”, “QUỐC TỊCH”, “CƠ QUAN”, “SỐ CMND/HỘ CHIẾU”: in Arial font, all caps, upright, size 8.
- “Được phép xuống tàu nước ngoài neo đậu tại...”: in Arial font, upright, size 9.
- “Ngày tháng năm”: in Arial font, upright, size 9.
- “CHỈ HUY ĐƠN VỊ”: in Arial font, all caps, bold, size 10.
b) Backside:
- “CHÚ Ý”: in Arial font, all caps, bold, size 12.
- Remaining content: in Arial font, upright, size 9.
4. Content and Layout
As presented in the above model.
Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives
1. Model
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PORT GATEWAY BORDER GUARD... |
GIẤY PHÉP-PERMIT |
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Số: …../GP |
Ngày hết hạn/Date of expiry: |
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Họ và tên/Full name: Quốc tịch/Nationality: Số GCM-HC/ID-Passport N°: Địa chỉ-Tên, ĐK phương tiện: Address/Ship’s name/Reg. N°: Được phép/ Is Allowed: Phạm vi/Scope: Note: Present the permit along with ID card/passport, vessel boarding documents, and be subject to inspection and supervision by the Port Border Guard at the anchorage area. |
Ngày tháng năm |
2. Specifications
- Size: 08 cm x 12 cm (± 0,5 mm).
- White paper type: ≥ 80%.
- Paper thickness: ≥ 80 gms.
- Framed with a 4 ½ pt size border evenly spaced 1 mm from the edge of the paper.
3. Font Style
- “BPCK CẢNG”: in Arial font, all caps, bold, size 10.
- “GIẤY PHÉP-PERMIT”: in Arial font, all caps, bold, size 13.
- “Số: /GP”: in Arial font, size 10.
- “Ngày hết hạn/ Date of expiry”: in Arial font, italic, size 10.
- Remaining items: in Arial font, size 9.
- Note section in Arial font, italic, size 8.
- “Ngày tháng năm”: in Arial font, size 10.
- “CHỈ HUY ĐƠN VỊ”: in Arial font, all caps, bold, size 10.
4. Content and Layout
As presented in the above model.
Form number 04
1. Model
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BPCK CẢNG … |
GIẤY PHÉP ĐI BỜ CỦA THUYỀN VIÊN |
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Số/N°: / /TV |
A00000013 |
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Ship’s name: Date of arrival: |
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Full name: Date of birth: Nationality: Passport N°: Scope Province (City): To 24.00 daily. |
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_______ Note: This shorepass should be presented with the passport to the border security office when disembarking or embarking. |
Day Month Year CHỈ HUY ĐƠN VỊ |
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2. Specifications
- Size: 8 cm x 12 cm (± 0,5 mm).
- White paper type: ≥ 80%.
- Paper thickness: ≥ 80 gms.
- Framed with a size of 4 ½ pt, evenly spaced 2 mm from the edge of the paper, light green color, background printed with the national emblem in the center accompanied by protective patterns arranged concentrically.
3. Font Style
- “BPCK CẢNG”: Printed in Arial font, uppercase, bold, size 11 pt.
- “GIẤY PHÉP ĐI BỜ CỦA THUYỀN VIÊN”: Printed in Arial font, uppercase, bold, size 14 pt.
- “SHOREPASS”: Printed in Arial font, uppercase, standing, bold, size 10 pt.
- Content of items printed in Arial font, standing, regular, size 10 pt.
- Note printed in Arial font, italic, regular, size 8 pt.
4. Content and Layout
As presented in the above model.
Form number 05
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NAME OF AUTHORITY |
SOCIALIST REPUBLIC OF VIET NAM |
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No.: /BC |
...(1)..., day month year 20... |
LIST
Request for Shore Pass
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No. |
Full Name |
Nationality |
Occupation |
Relationship to Head of Household |
Position |
ID document number |
Duration of Employment Contract |
Remarks |
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Type of negotiable instrument |
Date of issue |
Expiry date for circulation |
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1 |
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2 |
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Place of Receipt: |
DIRECTOR |
Note:
(1) Place name;
(2) Number of one of the following documents: Identity card, Citizen Identification Card, passport, or other travel document equivalent to a passport;
(3) Name of the BPCK port unit requesting the issuance of the shore pass.
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