Circular No. 90/2011/TT-BQP amends and supplements Circular No. 181/2005/TT-BQP guiding Decree No. 32/2005/NĐ-CP on the border gate regulations for land borders and Circular No. 05/2010/TT-BQP guiding Decree No. 50/2008/NĐ-CP on management and security protection at border gates and sea ports.

CIRCULAR

Amending and supplementing Circular No. 181/2005/TT-BQP dated November 17, 2005 of the Ministry of National Defense guiding the implementation of Decree No.

32/2005/NĐ-CP dated March 14, 2005 of the Government on Border Gate Regulations and Circular No. 05/2010/TT-BQP

dated January 18, 2011 of the Ministry of National Defense guiding the implementation of Decree No. 50/2008/NĐ-CP dated April 21, 2008

of the Government on management and protection of security and public order at border gates and seaports

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Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of National Defense;

Implementing Resolution No. 51/NQ-CP dated December 10, 2010 of the Government on simplifying administrative procedures within the scope of the Ministry of National Defense's management functions;

Considering the proposal of the Commander of the Border Guard Force,

The Minister of National Defense amends and supplements Circular No. 181/2005/TT-BQP and Circular No. 05/2010/TT-BQP as follows:

1. Paragraph b, Point 2, Section II shall be amended and supplemented as follows:

"2. For foreigners
b) For citizens of third countries: When entering or exiting through international border gates must have a valid passport or travel document equivalent to a passport and visa, except in cases where visa exemption applies (for overseas Vietnamese if they do not have a passport or travel document equivalent to a passport, they must have a document issued by a competent authority abroad with entry and exit validity, and such document has been officially notified to Vietnam through diplomatic channels), accompanied by a visa exemption certificate issued by a Vietnamese diplomatic mission in the country of residence."

2. Point 3, Section II shall be amended and supplemented as follows:

"3. Means of transport, goods entering or exiting, importing or exporting, transiting through border gates shall comply with Articles 8 and 9 of Decree No. 32/2005/NĐ-CP, and must have all legal documents, implementing principles and procedures as prescribed by laws on customs, other relevant Vietnamese laws, and international treaties to which the Socialist Republic of Vietnam is a party. - For goods traded across borders that meet the conditions stipulated in Point 3, Section II of this Circular and government regulations on managing cross-border trade with neighboring countries, such goods may be imported or exported through border gates regardless of whether they belong to border areas or the entire country. - In special cases upon request from provincial authorities or the government of a neighboring country, the Minister of Industry and Trade, in consultation with the Minister of Finance, may permit the clearance of goods from third countries through main border gates or auxiliary border gates."

3. Paragraph b, Point 5, Section II shall be amended and supplemented as follows:

"5. Procedures for specialized inspection and supervision at border gates."
b) Border guard inspection and supervision procedures at border gates. - For Vietnamese citizens entering and exiting the country, they must present one of the following documents: + Passport, travel permit, border certificate, certification; + Entry and exit declaration form (for those using passports), except for border gates that have abolished entry and exit declaration forms. - For foreigners: + Passport or other travel documents with equivalent value and must have a visa to enter Vietnam issued by competent Vietnamese authorities (except in cases where visa exemption applies or when entering to work or engage in activities in border economic zones); + Travel permit or border certificate, certification; + Entry and exit declaration form (for those using passports), except for border gates that have abolished entry and exit declaration forms. - For vehicles and their drivers entering and exiting the country from both Vietnam and foreign countries, they must present the following documents: + Passport or travel permit, border certificate; + Vehicle operation permit; + Vehicle registration certificate; + International transport permit; + Permit for passenger and cargo transportation (if applicable); + Certificate of vehicle technical safety and environmental protection; + Vehicle insurance certificate (if applicable); + Sanitation certificate. - Responsibilities of border guard posts with border gates: + Inspect and control passports and documents with equivalent value to passports, and supervise the activities of people and vehicles entering and exiting the border gate area; goods imported and exported within the border gate area; + Stamp the passport or document with equivalent value to passport; + Coordinate with Customs and other forces to combat various types of crimes, smuggling, and commercial fraud; + Issue visas for foreigners according to notifications from the Ministry of Public Security. + Visa application dossier at border gates includes: - A letter from the Exit and Entry Management Department of the Ministry of Public Security agreeing to accept visa applications at border gates. - In cases of issuing separate visas (D), passengers must submit four photographs (4cm x 6cm). - Visa issuance procedure at border gates: + The Border Guard Post receives visa application dossiers at border gates; + Verify the validity of the dossier; + Issue visas for foreigners. - Visa issuance time: Immediately after the border gate Border Guard receives all required documents as stipulated. - Collect visa fees according to laws on fees and charges; - Provide temporary residence certificates for foreigners. - Border surveillance monitoring areas: + Transit zone (for international border gates); + Inspection and control area for vehicles and goods; + Waiting room for processing procedures; + Entry and exit processing area for functional agencies; + Warehouse and storage area for goods awaiting import and export; + Duty-free shop area; + Service and trade area; + Parking lot and dock area; + Restricted area; + Other areas within the border gate area. - Subjects of border inspection and supervision in the border gate area: + Vietnamese and foreign nationals entering and exiting through border gates and arriving at the border gate area to see off or welcome guests or engage in service, trade, press, sightseeing, and tourism activities; + Vehicles, goods, and luggage of Vietnam and foreign countries entering and exiting the border gate area, entering and exiting through border gates. - Border surveillance tasks: + Maintain, manage, guide people, vehicles, goods, luggage, and other activities in the border gate area in accordance with laws and regulations of land border gates; + Maintain security and order in the border gate area, prevent, detect, and handle people, vehicles, and goods entering and exiting illegally through border gates."

Article 2. Amend and supplement Article 14, Article 23, and Article 24 of Circular No. 05/2010/TT-BQP dated January 18, 2010 of the Ministry of National Defense guiding the implementation of Decree No. 50/2008/NĐ-CP dated April 21, 2008 of the Government on management and security protection at border gates and seaports.

1. Article 14 shall be amended and supplemented as follows:

"Article 14. Border control procedures for cruise ships
1. Implement entry and exit procedures as prescribed in Articles 9 and 10 of this Circular.
2. When receiving tourists at the port, travel companies must submit to the Border Guard at the port gate the following documents:
a) One original copy of the Tour Program for tourists;
b) One original copy of the Personnel Approval List issued by the Exit-Entry Administration Department under the Ministry of Public Security allowing passengers to enter Vietnam (except those holding passports with valid Vietnamese visas or those holding passports exempted from visa requirements for entry and exit from Vietnam).
3. Sea cruise tourists shall be granted visas or Tourist Permits according to Vietnamese laws on entry and exit.
a) Visa issuance procedure at seaport border gates - Individuals or representatives of the main managing agencies directly apply to the Border Guard at the seaport gate. - The Border Guard at the seaport gate will check, register, and issue visas directly on board the ship. - The application package (one set) includes: + Letter of introduction or request letter from the main managing agency. + Approval letter from the Exit-Entry Administration Department under the Ministry of Public Security agreeing to accept visa applications at the border gate. + Passport or other travel documents (to be presented). - Processing time: Immediately upon receipt of all valid documents by the Border Guard at the seaport gate.
b) Tourist Permit issuance procedure at seaport border gates - The Border Guard at the seaport gate issues Tourist Permits directly on board the ship. - The application package (one set) includes: + Personnel approval list from the Exit-Entry Administration Department under the Ministry of Public Security. + Passport or other travel documents of passengers (to be presented). - Processing time: Not later than one hour after the Border Guard at the seaport gate receives all valid documents. - Fees shall be collected according to the relevant laws on fees and charges.
4. For international cruise ships permitted to carry domestic tourists between ports within the country before the ship docks at the port, the person handling the procedures must submit to the Border Guard at the seaport gate the following documents:
a) Copies of permits issued by competent Vietnamese authorities allowing the reception of domestic tourists between ports within the country.
b) The travel company must submit to the Border Guard at the seaport gate the Tour Program for domestic tourists and the Passenger List.
c) Foreign domestic tourists disembarking the ship must present their passport or other travel documents; Vietnamese citizens must present their Identity Card or passport."

"Article 2a. Policy and Support for Individuals Undergoing Voluntary Drug Rehabilitation

"Article 23. Documents for Disembarkation from Foreign Ships and Boats
1. Follow the provisions of Article 17 of Decree No. 50/2008/NĐ-CP.
2. Disembarkation permits issued by the Border Guard at the seaport gate to Vietnamese and foreign individuals (excluding staff of specialized state management agencies at seaport border gates performing their duties and crew members within the ship's complement and passengers traveling with the ship) to work or conduct other activities during the time the ship or boat is moored in the border gate area.
3. Disembarkation permits include:
a) Disembarkation permits issued to Vietnamese and foreign individuals from agencies and enterprises regularly boarding foreign ships and boats for work purposes, with validity not exceeding twelve months (Annex IV attached to this Circular).
b) Disembarkation permits issued to Vietnamese and foreign individuals boarding foreign ships and boats moored at the border gate for work purposes, with permit validity not exceeding three months (Annex V attached to this Circular).
c) Permits issued to Vietnamese and foreign individuals conducting press, scientific research, sightseeing, food supply, fuel, goods provision, and other services related to foreign ships and boats in the border gate area, with single-use validity (Annex VI attached to this Circular).
4. Procedures for Issuing Various Types of Permits
a) Procedure for issuing permits for Vietnamese individuals to board foreign ships and boats. - Individuals or representatives of the main managing agencies directly apply to the Border Guard at the seaport gate. - The Border Guard at the seaport gate checks, registers, and issues the permit. - The application package (one set) includes: + Letter of introduction or request letter from the main managing agency. + Identity card for individuals or list for groups. + Personal history with confirmation from local authorities or the main managing agency (for permits with validity of three months and twelve months). + Two color photographs (2cm x 3cm) for permits with twelve-month validity. - Processing time: Immediately upon receipt of all valid documents by the Border Guard at the seaport gate.
b) Procedure for issuing permits for foreign individuals to board foreign ships and boats. - Individuals or representatives of the main managing agencies directly apply to the Border Guard at the seaport gate. - The Border Guard at the seaport gate checks, registers, and issues the permit. - The application package (one set) includes: + Letter of introduction or request letter from the main managing agency. + Passport or residence registration card (to be presented). + Two color photographs (2cm x 3cm) for permits with twelve-month validity. - Processing time: Immediately upon receipt of all valid documents by the Border Guard at the seaport gate.
c) Procedure for issuing Permits to Vietnamese individuals to carry out journalism, scientific research, and tourism activities related to foreign vessels in the port border gate area. - Individuals or representatives of the managing agencies shall directly go to the Border Guard at the port gate to handle the procedures. - The Border Guard at the port gate shall check, register, and issue the Permit. - The dossier consists of (one set): + Letter of introduction or request letter from the managing agency. + Corresponding operating permit issued by the competent authority, and Identity Card (to be presented). - Processing time: Not later than one hour after the Border Guard at the port gate receives all valid documents.
d) Procedure for issuing Permits to foreign individuals to carry out journalism, scientific research, and tourism activities related to foreign vessels in the port border gate area. - Individuals or representatives of the managing agencies shall directly go to the Border Guard at the port gate to handle the procedures. - The Border Guard at the port gate shall check, register, and issue the Permit. - The dossier consists of (one set): + Letter of introduction or request letter from the managing agency or invitation letter, application form from the captain of the vessel. + Passport or other travel document with equivalent validity (to be presented). - Processing time: Not later than one hour after the Border Guard at the port gate receives all valid documents.
đ) Procedure for issuing Permits to individuals controlling Vietnamese vessels alongside foreign vessels. - Individuals or representatives of the managing agencies shall directly go to the Border Guard at the port gate to handle the procedures. - The Border Guard at the port gate shall check, register, and issue the Permit. - The dossier consists of (one set): + Letter of introduction or request letter from the managing agency. + Corresponding operating permit issued by the competent authority, and Identity Card (to be presented). - Processing time: Immediately after the Border Guard at the port gate receives all valid documents.
5. When performing work or activities, individuals holding permits must present them to the Border Guard at the port gate and comply with the inspection and supervision of the Border Guard at the port gate. The captain shall be responsible for allowing unauthorized persons to board the vessel.
6. The collection of fees for the above permits shall be carried out in accordance with the provisions of the law on fees and charges."

3. Article 24 is amended and supplemented as follows:

"Article 24. Foreign Seafarers Going Ashore
1. Foreign seafarers going ashore shall comply with the provisions of Article 18 of Decree No. 50/2008/NĐ-CP.
2. During the anchoring period at the port border gate, foreign seafarers are permitted to go ashore within the province or centrally-administered city where the port border gate is located. In cases of going beyond this scope or exiting Vietnam through other border gates, they must comply with the relevant laws on entry and exit.
3. The time for going ashore is from 07:00 to 24:00 daily. If going for sightseeing, tourism, emergency medical treatment, etc., the time may be extended according to specific circumstances.
4. The Shore Pass (SHOREPASS - Appendix VII attached to this Circular) shall be issued by the Border Guard at the port gate to foreign seafarers working on foreign vessels; foreign seafarers working on Vietnamese vessels, valid once during the anchoring period at the port.
5. Requests for permission to go ashore for seafarers are recorded in the notes section of the General Declaration Form. In cases where seafarers wish to go ashore but have not registered in the notes section of the General Declaration Form, the captain shall apply through the agent for a Shore Pass. Seafarers staying overnight on shore must obtain a permit from the captain and be granted a permit (Permit) by the Border Guard at the port gate. The procedure for issuing permits for seafarers staying overnight is as follows: - The seafarer or the agent of the vessel shall directly go to the Border Guard at the port gate to handle the procedures. - The dossier consists of (one set): + Application form from the captain; + Passport or other travel document with equivalent validity. - Processing time: Immediately after the Border Guard at the port gate receives all valid documents.
6. The issuance of Shore Passes for foreign seafarers shall be immediately after the Border Guard at the port gate receives all valid documents.
7. During the anchoring period at the port border gate, foreign seafarers who violate Vietnamese law are prohibited from going ashore. Any violations committed while going ashore will be handled according to Vietnamese law.
8. The collection of fees for Shore Passes and overnight stay permits shall be carried out in accordance with the provisions of the law on fees and charges."

Article 3. Effectiveness

This Circular takes effect from August 14, 2011.

Article 4. Responsibilities for Implementation

The Commander of the Border Guard Force, relevant agencies, units, organizations, and individuals are responsible for implementing this Circular.