Nghị định 50/2008/NĐ-CP của Chính phủ về quản lý, bảo vệ an ninh, trật tự tại cửa khẩu cảng biển

DECREE

ON MANAGEMENT AND PROTECTION OF SECURITY AND ORDER AT SEAPORT BORDER GATES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 17, 2003 Law on National Borders;
Pursuant to the June 14, 2005 Vietnam Maritime Code;
At the proposal of the Minister of Defense,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1- Scope of regulation

1. This Decree provides for activities of Vietnamese and foreign people, ships and boats on entry, exit, in transit or port transfer; specifies border guard procedures, inspection and supervision and other activities related to security and order; and defines responsibilities to direct, guide and coordinate the management and protection of security and order at seaport border gates.

2. Military ports operating for defense or security purposes are not subject to this Decree. If these ports are operated for commercial purposes, the provisions of this Decree and other relevant legal provisions applicable to commercial ports will apply.

Article 2.- Subjects of application

1. Individuals, organizations, ships, boats and other vessels of Vietnam and foreign countries operating at seaport border gates shall comply with the provisions of this Decree and other relevant provisions of Vietnamese law. If a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides for, that treaty prevails.

2. When arriving at Vietnam's seaport border gates or military' ports, ships and boats of foreign agencies, organizations and individuals that enjoy privileges and immunities, and foreign warships that are on visits to the Socialist Republic of Vietnam must comply with other provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. Ships and boats of the Vietnam People's Army and People's Public Security Forces that are performing defense or security tasks at seaport border gates must comply with separate regulations.

Article 3.- Seaport border gates

Seaport border gales are ports opened for Vietnamese and foreign people, ships and boats to enter, leave or transit the country; goods to be imported, exported or transited, and other activities as specified by law.

Article 4.- Areas of seaport border gates

1. The area of a seaport border gate consists of port land and port waters

a/ Port land means a delimited land area in which wharves, warehouses, storing yards, workshops, working offices, service facilities, systems of roads, information and communication, electricity, water and other aids are constructed and equipment installed.

b/ Port waters means a delimited water area for the establishment of water areas in front of wharf, vessel turnaround area, anchorage ground, transshipment zone, storm shelter zone, pilot reception area, quarantine area, area for the construction of seaport fairways and other aids.

c/ Specific boundaries of port land and port waters of seaport border gates shall be defined in accordance with law.

2. Specialized state management agencies may arrange their staff, install equipment and technical devices in areas of seaport border gates in order to meet their professional requirements without affecting normal operations of port enterprises.

Article 5.-Responsibilities to protect security and order in areas of seaport border gates

The border guards are the core force that specializes in, assumes the prime responsibility for, and coordinate with peoples public security forces, concerned branches and local administrations in, managing and protecting security and order in areas of seaport border gates in accordance with law.

Chapter II

PROVISIONS ON BORDER-GUARD PROCEDURES, INSPECTION AND SUPERVISION

Section 1. BORDER-GUARD PROCEDURES

Article 6.-Time limit for carrying out border-guard procedures

1. Vietnamese and foreign ships and boats shall carry out entry procedures at the first seaport they arrive in their voyage from overseas to Vietnam and carry out exit procedures at the last seaport they depart from in their voyage from Vietnam to overseas.

2. Within two hours after their ships are safely anchored or moored at positions designated by directors of port authorities, ship owners, managers or operators or their authorized persons (below collectively referred to as procedure-completing persons) shall carry out border-guard procedures for ship entry.

3. At least two hours before their ships leave the ports, procedure-completing persons shall carry out border-guard procedures for ship exit. Particularly for passenger ships and liners, border-guard procedures must be completed right before their departure at the latest.

4. Within one hour after receiving complete and valid papers, border gate guard offices shall complete border-guard procedures.

5. Time when border-guard procedures are considered having been completed is the time when border gate guard offices certify the completion of procedures.

Article 7.- Places for carrying out border-guard procedures

1. Border-guard procedures shall be carried out at head offices or representative offices of port authorities. For seaport border gates where computer networks for e-customs declaration have been established, these procedures shall be carried out at border-guard stations of these border gates.

2. Border-guard procedures shall be carried out on board ships in the cases specified at Point b, Clause 2, Article 27 and Point a. Clause 2, Article 29 of Decree No. 71/2006/ND-CP of July 25, 2006, on management of seaports and marine navigable channels.

Article 8.- Border-guard procedures for ships and boats on entry or exit, in transit or port transfer

When carrying out procedures for entry, exit, transit or port transfer, apart from the papers which must be submitted or produced under Point d, Clause 2, and Clause 4, .Article 27; Point c, Clause 2, Article 29; Point b, Clause 2, Article 32 of the Government's Decree No. 71/2006/ND-CP of July 25, 2006, on management of seaports and marine navigable channels, procedure-completing persons shall submit to border gate guard offices the following papers:

1. Manifest of dangerous cargoes, weapons and explosive materials (if any).

2. Declaration of unauthorized passengers on board (if any).

Article 9.- Provisions on ships and boats in transit

1. In the course of transit, shipmasters shall take responsibility for managing crewmembers, passengers and cargoes on board their ships, and keeping intact the sealed border-guard dossiers.

2. In transit passengers on board ships or boats arriving at seaport border gates who stay on board or in areas exclusively reserved for them are exempt from visas. For passengers who apply for permission to travel into the inland or leave the country through other border gates, visas granted by competent Vietnamese state agencies are required (except for cases of visa exemption under Vietnamese law or treaties to which Vietnam is a contracting party).

Article 10.- Provisions on ships and boats in port transfer

1. In the course of port transfer, shipmasters shall take responsibility for managing crewmembers, passengers and cargoes on board their ships, and keeping intact the sealed port transfer dossiers of border-guard stations of seaport border gates from which their ships have departed.

2. At ports of arrival, shipmasters shall submit to port border gate guard offices the port transfer dossiers of border-guard stations of seaport border gates from which their ships have departed.

Article 11.- Responsibilities of port border gate guard offices toward ships and boats in port transfer

1. Responsibilities of border-guard stations of ports of departure:

a/ To carry out procedures for ships and boats in port transfer, compile and seal up dossiers for submission by shipmasters to border-guard stations of ports of arrival;

b/ To notify border-guard stations of ports of arrival of the observance of law by crewmembers, ships and boats in port transfer.

2. Responsibilities of border-guard stations of ports of arrival:

a/ To receive port transfer dossiers and promptly notify border-guard stations of ports of departure of the receipt of intact border-guard dossiers and seals;

b/ To notify border-guard stations of ports of departure of the observance of law by crewmembers, ships and boats in port transfer.

Section 2. BORDER-GUARD INSPECTION AND SUPERVISION

Article 12.- Subjects of border-guard inspection and supervision

1. Vietnamese and foreign ships and boats on entry or exit, in transit or port transfer.

2. Vietnamese ships and boats operating along domestic routes within areas of seaport border gates.

3. Other Vietnamese and foreign vessels entering, leaving, operating, mooring or anchoring in areas of seaport border gates.

4. Vietnamese and foreigners conducting activities at seaport border gates.

Article 13.- Border-guard inspection and supervision measures

To manage and protect security and order at seaport border gates, border guards may apply the following inspection and supervision measures:

1. Checking and inspecting papers of people, ships, boats and other vessels entering, leaving or operating in areas of seaport border gates (except for ships, boats, cadres and employees of specialized state management agencies at seaport border gates who are on duty).

2. Supervising and patrolling the areas.

3. Conducting supervision in person at port entrances, control stations and targets or on board Vietnamese and foreign ships and boats.

4. Conducting supervision using other technical devices and professional measures or in accordance with law.

Article 14.- Border-guard supervision conducted by border guards in person on board ships and boats

Supervision by border guards in person on board ships and boats may be conducted only in the following cases:

1. Ships and boats show apparent signs of law violation.

2. In case of necessity to maintain security, defense, social order and safety, and prevent and combat epidemics.

Chapter III

PROVISIONS ON PEOPLE, SHIPS AND BOATS

Article 15.- Ships and boats on entry or exit, in transit or port transfer

Vietnamese and foreign ships and boats on entry or exit, in transit or port transfer must obtain permission from competent Vietnamese agencies and navigate through permitted border gates, in marine navigable channels or transit lane waters.

Article 16.- Responsibilities of shipmasters upon detecting unauthorized passengers on board their ships or boats or people in distress

1. Upon detecting unauthorized passengers on board their ships or boats, shipmasters shall take necessary deterrent measures and at the same time promptly notify such to seaport border-gate guard stations or other specialized state management agencies currently operating at seaport border gates for handling according to their competence.

2. When finding people in distress, shipmasters shall take necessary measures to rescue them and at the same time promptly notify such to seaport authorities or other specialized state management agencies currently operating at seaport border gates for coordinated handling.

Article 17.- Papers for getting on board foreign ships and boats

Vietnamese (except for cadres and employees of specialized state management agencies at seaport border gates who are on duty) and foreigners (except for crewmembers in the ship's complement and passengers on board) who get on board foreign ships or boats to work or conduct other activities during the time of anchorage or moorage of these ships or boats in areas of seaport border gates are required to obtain permits for getting on board from seaport border-gate guard stations and shall submit to inspection and supervision by seaport border-gate guards.

Article 18.- Foreign crewmembers traveling ashore

During the time of anchorage or moorage of foreign ships and boats at a seaport border gate, crewmembers on board these ships and boats may travel ashore within the province or centrally run city where this seaport border gate is located after obtaining permits for traveling ashore from the seaport border gate guard office. Those who travel outside that province or city or leave the Vietnamese territory through other border gates shall strictly comply with legal provisions on entry and exit.

Article 19.- Procedures for passengers who have made entry into the inland and wish to return to their ships and boats or who have made exit and wish to return to the inland, and contact during the time of completing entry or exit procedures for ships and boats

1. Passengers on board foreign ships or boats on entry who have completed procedures for entry into Vietnam for subsequent exit by other means of transport and wish to return to their ships or boats shall obtain permission from and submit to supervision by seaport border gate guard stations. Passengers who have completed exit procedures and wish to return to the inland shall carry out entry procedures once again.

2. Crewmembers and passengers who have not yet completed entry procedures or have completed exit procedures may neither leave their ships or boats nor contact anyone else except pilots. Vietnamese staff on official duty and authorized agent staff.

Article 20.- Papers of foreigners entering to work or operate in seaport border gates

Foreigners entering to work or operate in seaport border gates must have passports or papers of equivalent validity or permits granted by provincial or higher level police offices and submit to inspection and supervision by seaport border-gate guard stations.

Article 21.- Refusal to permit entry or exit or postponement of exit

For defense, security or other special socio-economic reasons or for the reason of assurance of marine navigation safety or prevention of environmental pollution or violation of Vietnamese law or for other emergency reasons, the entry or transit of Vietnamese and foreign people, ships and boats can be refused or their exit through seaport border gates can be postponed in accordance with Vietnamese law.

Chapter TV

RESPONSIBILITIES TO DIRECT, GUIDE AND COORDINATE ACTIVITIES OF MANAGING AND PROTECTING SECURITY AND ORDER

Article 22.- Directing and guiding responsibilities of ministries and branches

Ministries and branches shall, within the scope of their tasks and powers, direct and guide their attached specialized state management agencies in performing their functions and tasks, coordinating the management and protection of security and order in areas of seaport border gates, and strictly handling illegal acts in accordance with law.

Article 23.- Directing and guiding responsibilities of People's Committees of provinces where exist seaport border gates

Provincial-level People's Committees of localities where exist seaport border gates shall, within the scope of their tasks and powers, direct and guide subordinate People's Committees of localities where exist seaports and concerned local forces and agencies in coordinating with border guard stations in managing and protecting security and order in areas of seaport border gates.

Article 24.- Responsibilities of seaport border-gate guard stations

To assume the prime responsibility for, and coordinate with the public security force, specialized state management agencies at seaport border gates, port enterprises and local administrations in, managing and protecting security and social order and safety at seaport border gates.

Article 25.- Responsibility to coordinate in security and order management and protection

1. Within the scope of their tasks and powers, the public security force, port authorities and other specialized state management agencies operating at seaport border gates, port enterprises and local administrations shall coordinate with seaport border gate guard stations in managing and protecting security and order at seaport border gates.

2. While on duty, cadres and employees of specialized state management agencies at seaport border gates shall wear uniforms, name plates and control badges under regulations of their agencies, and put on identification signs and fly the national flag of Vietnam on special-use vehicles they use.

Chapter V

COMMENDATION, HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 26.- Commendation

Agencies, organizations and individuals that record outstanding achievements in implementing this Decree will be commended and rewarded in accordance with law.

Article 27.- Handling of violations

Organizations and individuals that commit acts of violation of this Decree shall be handled in accordance with law.

Article 28.- Complaints and denunciations

The lodging and settlement of complaints and denunciations comply with legal provisions on complaints and denunciations.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 29.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO."

Article 30.- Guiding and inspecting responsibility

The Ministry of Defense shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, guiding and inspecting the implementation of this Decree.

Article 31.- Implementing responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree.