THE GOVERNMENT
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|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No. 104/2012/NĐ-CP
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Hanoi, December 05, 2012
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DECREE
ON FOREIGN NAVAL SHIPS MAKING
VISITS TO THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to the Law
on Government organization dated December 25th 2001;
Pursuant to Vietnam
Maritime Code dated June 14th 2005;
Pursuant to the Law
on Vietnamese sea dated June 21st 2012;
Pursuant to the Law
on National Security dated December 03rd 2004;
Pursuant to the Law
on National border June 17th 2003;
Pursuant to the Law
on Customs dated June 29th 2001 and the Law on amending and
supplementing a number of articles of the Law on Customs dated June 14th
2005;
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Pursuant to the
Ordinance on the management and use of weapons, explosives and supportive
gadget dated June 30th 2011;
At the proposal of
the Minister of National Defense
The Government issues
ad Decree on the foreign naval ships making visits to the Socialist Republic of
Vietnam
Chapter
1.
GENERAL
PROVISIONS
Article
1. Scope of regulation
This Decree deals with
the activities of foreign naval ships that visit the Socialist Republic of
Vietnam (hereinafter referred to as foreign naval ships that visit Vietnam; the
licensing, entry, exit, and transit procedures; the inspection and supervision
of the activities related to the foreign naval ships that visit Vietnam.
Article
2. Subjects of application
1. This Decree is
applicable to the foreign naval ships that visit Vietnam and the crew thereon,
the Vietnamese State management agencies, the organizations and individuals
relevant to the activities of the foreign naval ships that visit Vietnam.
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3. In case the
regulations of this Decree contradict the International Agreements to which the
Socialist Republic of Vietnam is a signatory, such International agreements
shall apply.
Article
3. Interpretation of terms
In this Decree, the
terms below are construed as follows:
1. A foreign naval
ship is a ship belonging to the armed force of a country and bear a sign that
express its nationality, commanded by an naval officer that serves such
country, and his name is in the list of officers or an equivalent documents;
operated by a crew under military orders and discipline.
2. Foreign naval ships
that visit Vietnam are foreign naval ships that arrive at the territorial sea,
inland waters, and ports of the Socialist Republic of Vietnam for visiting,
repairing, and doing other activities.
3. Foreign naval ships
that make official visits to Vietnam are foreign naval ships that take heads of
states to visit Vietnam at the invitation of the Socialist Republic of Vietnam
in order to strengthen friendly relations among the States.
4. Foreign naval ships
that make casual visits Vietnam are foreign naval ships that visit Vietnam for
the purpose of strengthening the friendly relation between the people and the
armed forces of the States.
5. Foreign naval ships
that make usual visits to Vietnam are the foreign naval ships that visit
Vietnam for cooperating in the training; providing technical materials and
military equipment; resupply fuel and food, or giving the crew a break.
6. Foreign naval ships
that come to Vietnam for repairing are foreign naval ships being repaired at
Vietnamese ports under contracts with the Vietnamese enterprises licensed to
repair ships.
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8. Public services
ships are specialized ships used for fulfilling the public services of the
State, not for commercial purposes.
9. Military weapons
include:
a) Small firearms are
weapons designed for personal use, including handguns, rifles, submachine guns,
assault rifles, and other kinds of guns that have similar features and effects;
b) Light weapons
include machine guns, mortars under 100mm, recoilless rifles, anti-aircraft
guns under 23mm, grenade launchers, personal anti-tank rockets, anti-aircraft
shoulder-launched missiles, and other light weapons that have similar features
and effects;
c) Bombs, mines,
grenades, bullets, torpedoes, naval mines, and firearms;
d) The weapons not in
the list of weapons made by the products but have similar features and effects
as military weapons.
10. Activities of
foreign naval ships at ports are their entering, exiting, staying, and moving
from one anchoring position to another, and doing the activities according to
an agreed program during the visit or repair at the ports where they anchor.
11. The crew on a
foreign naval ship are the chief commissioner (if any), the captain, the
sailors, and other people on the ship.
12. A port is an area
include the port land and port waters, having infrastructures and equipment for
ships to enter, exit, load, unload, pick up and drop passengers, and provide
other services.
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Port waters is a
limited area of water in front of the piers for turning around, anchoring,
transshipping, sheltering, piloting, quarantines, navigation channels, and
other ancillary works.
A port has one of
multiple wharfs. A wharf has one of multiple piers. A wharf includes piers,
warehouses, depots, workshops, offices, service facilities, traffic system,
communication system, electricity, water, other ancillary works. A pier is a
fixed structure of the wharf, used for anchoring, loading, unloading goods,
picking up and dropping passengers.
13. Naval ports are
the ports managed by the Ministry of National Defense, and operated under the
military regulation.
14. The specialized
State management agencies at a port include the port borderguard, the port
customs, the port authorities, international health quarantine agency, and the
animal and plant quarantine agency
15. The person in
charge of the procedure is the captain, the chief commissioner, or an
authorized person.
16. Disengaging
weapons is making weapons not ready to be used (locking the range and direction
of weapons, cutting the power supply for the weapon system, removing the ammo
from the platform, remove ammunition from the platform, the ammunition belts,
and the magazines)
17. Weapons under
storage are weapons that might be used but there is no ammunition on the
ammunition belts and magazines.
Article
4. The overall rules for foreign naval ships that visit Vietnam
1. Foreign naval ships
that visit Vietnam must be licensed by competent State management agencies of
Vietnam prescribed in this Decree.
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3. The activity
schedule of the ship and the crew thereon must be consistent with the agreed
plan. The changes that arise must be permitted by competent State management
agencies of Vietnam.
4. When foreign naval
ships arrive at Vietnam’s territorial sea before entering a port:
a) Submarines and
other underwater vehicles must emerge from the water and raise its national
flag, unless otherwise permitted by the Vietnam’s Government or agreed between
the Vietnam’s Government and the Government of the country of which the flag is
raised by such ships;
b) The ship body must
bear its name and number;
c) All weapons must be
disengaged or in storage;
d) Stop at the pilot
station for carrying out entry procedures and follow the instruction of the
Vietnam’s port authority and pilots;
dd) Only use the
equipment necessary for the maritime safety and the registered radio frequency;
e) Arrive at the
correct port using the correct routes and corridors.
5. A foreign naval
ship that arrives at the Vietnam’s territorial sea must raise the national flag
of the Socialist Republic of Vietnam at the same level with that of the country
that has such ship. When a foreign naval ship wishes to raise a ceremonial
flag, mourning flag, or blow a whistle on their country's holidays, the captain
or the chief commissioner must ask for the permission from the port authorities
or competent authorities at the port or the naval port where it is anchoring.
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Article
5. The acts of foreign naval ships that are prohibited when visiting Vietnam
1. Commit the acts that
infringe the independence, sovereignty, and territorial integrity of the
Socialist Republic of Vietnam.
2. Collect
intelligence and commit other acts that harm the national security and social
order and safety of the Socialist Republic of Vietnam.
3. Transport mass
destruction weapons, radioactive substances, chemical poisons, biological
poisons, and drugs.
4. Disseminate and
spread documents and materials without the permission from competent agencies
of Vietnam.
5. Organize
sponsorships and humanitarian aid without the permission from competent
agencies of Vietnam.
6. Let people, goods,
and vehicles of the ship inconsistently with Vietnam’s law on the entry, exit,
export, and import, unless for the purpose of helping victims, but the
competent State management agencies at the port must be notified right after
that.
7. Launch, receive, or
load any vehicle or military weapons without the permission from competent
State management agencies of Vietnam.
8. Commit illegal acts
of surveying, measuring, fishing, trading, interfering the communication
system, radar, or obstructing the traffic.
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10. Use divers or
other underwater apparatuses before the permission from competent agencies of
Vietnam.
11. Come alongside
other ships or enter prohibited areas without permission.
12. shoot pictures,
videos, draw plans in prohibited areas.
13. Disturb the public
order, obstruct or oppose the jobs of Vietnam’s authorities.
14. Commit acts of
training, maneuvers, rehearsals, and performances using weapons, flying
vehicles or military apparatuses without the permission from competent State
management agencies of Vietnam.
15. Commit other acts
prohibited by Vietnam’s law.
Article
6. Licensing, inspecting, and supervising organizations and individuals
relevant to the activities of foreign naval ships that visit Vietnam
1. All organizations,
individuals, and vehicles of Vietnam and other countries (except for the
officers, employees, and vehicles of State management agencies at the port or
military port performing their duties) that enter, exit, and operate within the
areas where foreign naval ships are anchoring; disembark from foreign naval
ships for working or doing other activities, come alongside foreign naval ships
while they are anchoring at the port, naval port, inland waters, or territorial
sea, must be licensed by competent agencies.
2. The organizations,
individuals, and vehicles prescribed in Clause 1 this Article:
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b) Comply with the
inspection and supervision carried out by specialized State management agencies
at the port, naval port, and by other relevant functional forces.
Article
7. The rules and authority to handle violations committed by foreign naval
ships that visit Vietnam
1. Foreign naval ships
that visit Vietnam that visit this Decree and other regulations of Vietnam’s
law shall be handled in a diplomatic manner based on Vietnam’s law or the
International Agreements to which Vietnam is a signatory.
2. The captain/chief
commissioner of the foreign naval ship that visits Vietnam shall be responsible
for the consequences caused by the violations of law committed by their crew
during the operation in Vietnam.
3. The crew of a
foreign naval ship that visit Vietnam that violate Vietnam’s law shall be handled
in accordance with Vietnam’s law (except for people eligible for diplomatic
immunity)
4. The authority to
handle the violations is prescribed in Vietnam’s law.
Article
8. The rules for settling nautical collisions related to foreign naval ships
The nautical
collisions related to foreign naval ships that visit Vietnam shall be settled
in accordance with the Maritime Code in a diplomatic manner.
Article
9. The notification of the arrival foreign naval ships arrives at ports and the
use of Vietnamese maritime pilots
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2. When entering or
leaving the port, or when moving within the port waters, the foreign naval ship
must employ a Vietnamese maritime pilot and pay the pilot fee as prescribed by
Vietnam’s law.
Chapter
2.
FOREIGN
NAVAL SHIPS MAKING VISITS TO VIETNAM
SECTION
1. THE PROCEDURES FOR LICENSING, ENTERING, LEAVING, AND GOING TO OTHER PORTS
Article
10. The licensing procedure
1. The procedure for
licensing foreign naval ships to make official visits to Vietnam:
a) The authority to
issue licenses:
- The Ministry of
Foreign Affairs shall license the foreign naval ships to make official visits
to Vietnam. The refusal to issue the license must be explained.
The time, content, and
activity schedule relevant to the visit shall be agreed in a diplomatic manner;
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b) The licensing
period:
- Within 30 days as
before the anticipated date of arrival of the foreign naval ship at Vietnam’s
territorial sea, the country of which the head makes a visit to Vietnam shall
send a diplomatic note to ask for the permission for making a visit by naval
ship, enclosed with a declaration (form 1) to the Ministry of Foreign Affairs;
- Within 20 days from
the date on which the diplomatic note and the declaration are received, the
Ministry of Foreign Affairs shall send a responding diplomatic note to the
country that sends such naval ship.
- Within 05 working
days as from the date on which the written requests for opinions about
licensing the foreign naval ships to official visits to Vietnam are received,
the relevant Ministries and the provincial People’s Committee where the ship
arrives must send written response to the Ministry of Foreign Affairs;
- Within 03 working
days as from the date on which the license is issued or refused, the Ministry
of Foreign Affairs shall send written notifications to relevant Ministries and
the provincial People’s Committee where the ship arrives of the issue of the
license or the refusal to the license to make official visits to Vietnam to the
foreign naval ships.
c) The amendments and
supplementations of the license shall be discussed and agreed in the diplomatic
note sent by the Ministry of Foreign Affairs to the country that sends the
naval ship.
2. The procedure for
licensing foreign naval ships to make casual and usual visits to Vietnam:
a) The authority to
license:
- The Ministry of
Foreign Affairs shall license the foreign naval ships to make casual and usual
visits to Vietnam. The refusal to issue the license must be explained.
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b) The licensing
period:
- Within 30 days as
before the anticipated date of arrival of the foreign naval ship at Vietnam’s
territorial sea, the country that sends the ship to Vietnam shall send a
diplomatic not to ask for the permission for the visit, enclosed with a
declaration (form 1) to the Ministry of Foreign Affairs. In case the country of
which the naval ship makes a visit sends a diplomatic note enclosed with the
declaration to the Ministry of Foreign Affairs or a Vietnam’s diplomatic
mission overseas, within 03 days as from the date on which the diplomatic note
and the declaration are received, the Ministry of Foreign Affairs or the
Vietnam’s diplomatic mission overseas shall send the diplomatic note and the
declaration to the Ministry of National Defense;
- Within 20 days from
the date on which the diplomatic note and the declaration are received, the
Ministry of Foreign Affairs shall send a written response to the country that
sends such naval ship in a diplomatic manner;
- Within 05 working
days as from the date on which the written requests for opinions about
licensing the foreign naval ships to make casual and usual visits to Vietnam
are received, the relevant Ministries and the provincial People’s Committee
where the ship arrives must send written response to the Ministry of Foreign
Affairs;
- Within 03 working
days as from the date on which the license is issued or refused, the Ministry
of Foreign Affairs shall send written notifications to relevant Ministries and
the provincial People’s Committee where the ship arrives of the issue of the
license or the refusal to issue the license to make casual or usual visits to
Vietnam to the foreign naval ships;
c) The Ministry of
National Defense shall discuss in writing the amendments and supplementations
of the license with the country that send the naval ship in a diplomatic
manner.
Article
11. The entry procedure
1. The entry procedure
for the foreign naval ship and crew thereof shall be carried out at the ship,
right after the ship arrives at the pilot station, and finished before the ship
reaches the anchoring or mooring position.
2. The commission that
presides the entry procedure include: the representatives of the port
borderguard, the customs, the port authorities, the international health
quarantine agency, the animal and plant quarantine agency at the port (if the
ship must undergo quarantine), the chief commissioner is the representative of
the port borderguard.
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a) To the port
borderguard:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (Form 4);
- 01 original of the
Dangerous goods manifest (if any - Form 6);
- 01 original of the
Activity schedule or plan.
b) To the port
authorities:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (Form 4);
- 01 original of the
Dangerous goods manifest (if any - Form 6).
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- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (Form 4);
- 01 original of the
Warship’s stores declaration (Form 7);
- 01 original of the
Crew’s effects declaration (Form 8);
- 01 original of the
Cargo declaration (if any - Form 5);
- 01 original of the
Dangerous goods manifest (if any - Form 6).
d) To the
International health quarantine agency:
- 01 original of the
Model of maritime declaration of health (Form 9).
c) To the plant
quarantine agency at the port:
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e) To the animal
quarantine agency at the port:
- 01 original of the
Declaration for animal quarantine (if any - Form 11);
4. The papers to be
presented when carrying out the entry procedure:
Present the one of the
following papers to the port borderguard:
a) The passports of
the crew or the equivalents;
b) The soldier’s card
or the military ID cards of the crew.
Article
12. The exit procedure
1. The exit procedure
for the foreign naval ship and crew thereof shall be carried out at the ship,
and finished right before the ship leaves the port at the latest.
2. The commission that
presides the entry procedure include: the representatives of the port
borderguard, the customs, and the port authorities; the chief commissioner is
the representative of the port borderguard.
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a) To the port
borderguard:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (if it is changed compared to the entry - Form 4);
- 01 original of the
Dangerous goods manifest (if it is changed compared to the entry - Form 6).
- The papers issued by
the port borderguard to the crew while the ship is anchoring at the port (if
any): disembarkation cards, permits, short-term visas, permits for sightseeing.
b) To the port
authorities:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (if it is changed compared to the entry - Form 4);
- 01 original of the
Dangerous goods manifest (if it is changed compared to the entry - Form 6).
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- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (if it is changed compared to the entry - Form 4);
- 01 original of the
Warship’s stores declaration (if it is changed compared to the entry - Form 7);
- 01 original of the
Crew’s effects declaration (if it is changed compared to the entry - Form 8);
- 01 original of the
Cargo declaration (if it is changed compared to the entry - Form 5).
- 01 original of the
Dangerous goods manifest (if it is changed compare to the entry - Form 6).
4. The papers to be
presented during the exit procedure:
Present the one of the
following papers to the port borderguard:
a) The passports of
the crew or the equivalents;
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Article
13. The transit procedure
1. The transit
procedure shall be carried out at the foreign naval ship.
2. The transit
procedure shall be finished right before the ship leaves the port at the
latest. The transit procedure applicable to a ship coming from another port is
carried out right after the ship arrives at the pilot station, and finished
before the ship is moored.
3. The commission that
presides the transit procedure includes: the representatives of the port
borderguard, the customs, and the port authorities; the chief commissioner is
the representative of the port borderguard.
4. The papers to be
submitted at the port of departure
a) To the port
borderguard:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (Form 4);
- 01 original of the
Activity schedule or plan;
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b) To the port
authorities:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (Form 4);
c) To the port
customs:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (Form 4);
- 01 original of the
Warship’s stores declaration (Form 7);
- 01 original of the
Crew’s effects declaration (Form 8);
- 01 original of the
Cargo declaration (if any - Form 5);
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a) To the port
borderguard:: The transit dossier of the borderguard of the port of departure.
a) To the port customs::
The transit dossier of the customs of the port of departure.
b) To the port
authorities:
- The License for
leaving issued by the port authority of the port of departure;
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (Form 4);
- 01 original of the
Dangerous goods manifest (if any - Form 6).
SECTION
2. ACTIVITIES OF FOREIGN NAVAL SHIPS THAT MAKE VISITS TO VIETNAM, AND THE
DISEMBARKATION OF THEIR CREW
Article
14. The activities of foreign naval ship making visits to Vietnam at the ports
or naval ports
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2. The naval ships of
the same country may make 01 visit to Vietnam per year. No more than 03 ships
are allowed to stay in the same port at the same time. The ships must not stay
longer than 03 days, unless otherwise permitted by the Government of the
Socialist Republic of Vietnam.
Article
15. The disembarkation of the crew on the foreign naval ships that visit to
Vietnam
1. The crew on the
foreign naval ships that visit Vietnam may only disembark after completing the
entry procedure and arrival transit procedure, and must return to the ship
before the specialized State management agencies at the port carry out the exit
procedure and departure transit procedure. During the disembarkation, the crew
must comply with the instruction and subject to the inspection and supervision
of the port borderguard and the local police where the ship is anchoring. The
personal effects must comply with the Vietnam’s laws on customs, health, and
quarantine.
2. During the
disembarkation according to the official schedule of the visit, the crew must
go in groups; not take weapons and gadgets; soldiers and persons in specialized
organizations must wear their uniforms.
3. During and
disembarkation for personal purposes (sightseeing, medical treatment, going
home, going with the vehicles of the service provider…), the crew may go in
groups or on their own; must not take weapons and gadgets; soldiers and
non-soldiers belonging to specialized organizations may wear casual clothes.
4. For the crew that
disembarks within the central-affiliated city or province where the ship is
anchoring:
a) The crew that
disembarks within the central-affiliated city or province where the ship is
anchoring is exempted from applying for the entry visa for Vietnam;
b) When the crew
wishes to disembark, the captain/chief commissioner shall submit a written
request for the disembarkation of the crew, and obtain the approval and the
disembarkation cards from the port borderguard. The time for disembarkation is
07:00 – 24:00 every day;
b) When the crew wish
to spend a night onshore, the captain/chief commissioner must submit a written
request and obtain the approval and permits from the port borderguard;
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d)The fees for issuing
the disembarkation card and the license are decided by the Ministry of National
Defense.
5. For the crew that
disembarks outside the central-affiliated city or province where the ship is
anchoring:
a) The crew that
wishes to go outside the central-affiliated city or province where the ship is
anchoring must apply for the entry and exit visa for Vietnam (unless the
passports or papers that substitute passports eligible for the exemption from
the entry and exit visa are presented) and comply with Vietnam’s laws on the
entry and exit;
b) If the trip is in
the official schedule of the visit, the crew is exempted from the visa fees
(applicable to the cases not eligible for the exemption from the entry and exit
visa for Vietnam);
b) If the trip serves
personal purposes (sightseeing, medical treatment, going home, going with the
service provider’s vehicle…), the crew must pay visa fees (applicable to the
cases not eligible for the exemption from the entry and exit visa for Vietnam)
as prescribed by the Ministry of Finance.
SECTION
3. LICENSING, INSPECTING, AND SUPERVISING; ENSURING THE SECURITY AND SAFETY FOR
THE ACTIVITIES RELEVANT TO FOREIGN NAVAL SHIPS
Article
16. Licensing Vietnamese and foreign organizations, individuals, and vehicles
to do activities relevant to foreign naval ships
1. The port
borderguard where the foreign naval ship is anchoring shall license the
Vietnamese and foreign organizations and individuals prescribed in Article 6 of
this Decree.
2. The port
authorities where the foreign naval ship is anchoring shall license the
vehicles to come alongside the foreign naval ship as prescribed in Article 6 of
this Decree.
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Article
17. Inspecting, supervising, and ensuring the security and safety for foreign
naval ships that visit Vietnam
1. The port
borderguard shall preside and cooperate with functional forces in ensuring the
security and safety of foreign naval ships that visit Vietnam; inspecting and supervising
the activities of the foreign naval ships, disembarking crew, people and
vehicles that enter and exit the area where the foreign naval ships are
anchoring; the people that disembark from the ships, and the vehicles that come
alongside the foreign naval ships.
2. After carrying out
inspection and supervision, the port borderguard may:
a) Directly supervise
the travel of the foreign naval ships that make visits to Vietnam from the time
they anchor at the pilot station until they are moored.
b) Inspect the papers
of the disembarking crew; the Vietnamese and foreigners that disembark from the
ship; the vehicles that come alongside the ship;
c) Supervise the port
waters Decree water, directly supervise at the port gate and the control
station where the foreign naval ships are anchoring;
d) Carry out
supervisions using technical devices;
dd) Carry out patrols
and irregular inspection;
e) Take other
technical measures as prescribed by law.
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Article
18. Welcome ceremony
The welcome ceremony
and reception activities for foreign naval ships making visits to Vietnam shall
comply with the Vietnam’s regulations on reception.
Article
19. The agencies in charge of the welcome ceremony
1. The Ministry of Foreign
Affairs shall preside and cooperate with the Ministry of National Defense,
relevant Ministries, and the provincial People’s Committee where the ships
visit in welcoming the foreign naval ships that make official visits to
Vietnam.
2. The Ministry of
National Defense shall preside and cooperate with the Ministry of National
Defense, relevant Ministries, and the provincial People’s Committee where the
ships visit in welcoming the foreign naval ships that make casual and usual
visits to Vietnam.
3. For the foreign
naval ships that comes to Vietnam to do other activities within the Vietnam’s
territorial sea and inland waters, the Ministry in charge shall preside and
cooperate with the relevant Ministries and the provincial People’s Committee
where the ship arrives at in the welcome ceremony according to the agreed
program.
Chapter
3.
FOREIGN
NAVAL SHIPS THAT COME TO VIETNAM FOR REPAIR
SECTION
1. THE LICENSING, ENTRY, EXIT, AND TRANSIT PROCEDURES
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1. Before the foreign
naval ship comes to Vietnam for repair, the Vietnamese enterprise licensed to
repair foreign naval ships (hereinafter referred to as ship repairer) shall
send a dossier of application for licensing the foreign naval ship to come to
Vietnam for repair to the Ministry of National Defense (the General Staff).
2. The dossier of
application includes:
a) The written
application made by the ship repairer for licensing the foreign naval ship to
come to Vietnam for repair;
b) 01 clearance form
of foreign warship entering the Socialist Republic of Vietnam for repair (Form
2);
c) 01 repair plan (or
program).
3. The authority to
license:
a) The Ministry of
National Defense (the General Staff) shall receive the dossier of application
and license the foreign naval ship to come to Vietnam for repair. The refusal
to issue the license must be explained.
b)Before issuing the
license, the Ministry of National Defense (the General Staff) shall obtain the
opinions from the Ministry of Foreign Affairs, the Ministry of Public Security,
the Ministry of Transport, the Ministry of Natural Resources and Environment,
relevant Ministries, and the provincial People’s Committee where the ship comes
for repair. If the opinions from the Ministries and the provincial People’s
Committee are not consistent, the Ministry of National Defense (the General
Staff) shall request the decision from the Prime Minister.
4. The licensing
period:
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b) Within 05 working
days as from the date on which the written requests for opinions about
licensing the foreign naval ship coming visits to Vietnam for repair are
received, the relevant Ministries and the provincial People’s Committee where
the ship arrives must send written response to the Ministry of National Defense;
c) Within 03 working
days as from the date on which the license in issued or refused, the Ministry
of National Defense (the General Staff) shall send written notifications to
relevant Ministries and the provincial People’s Committee where the ship arrives
of the issue of the license or the refusal to issue the license to come to
Vietnam for repair to the foreign naval ship;
5. The Ministry of
National Defense shall send written notifications of the amendments and
supplementations to the ship repairer.
Article
21. The entry procedure
1. The location, time
limit, and presiding officers of the entry procedure for a foreign naval ship
to come to Vietnam for repair are prescribed in Clause 1 and Clause 2 Article
11 of this Decree.
2. The papers to be submitted
during the entry procedure:
a) To the port
borderguard:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (Form 4);
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- 01 copy of the repair
contract or the agreement on the repair rules.
b) To the port
authorities:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (Form 4);
- 01 original of the
Dangerous goods manifest (if any - Form 6);
- 01 copy of the
repair contract or the agreement on the repair rules.
c) To the port
customs:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (Form 4);
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- 01 original of the
Crew’s effects declaration (Form 8);
- 01 original of the
Cargo declaration (if any - Form 5);
- 01 original of the
Dangerous goods manifest (if any - Form 6);
- 01 copy of the
repair contract or the agreement on the repair rules.
d) To the International
health quarantine agency:
- 01 original of the
Model of maritime declaration of health (Form 9).
c) To the plant
quarantine agency at the port:
- 01 original of the
Declaration for plant quarantine (if any - Form 10);
e) To the animal
quarantine agency at the port:
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3. The papers to be
presented during the entry procedure:
Present the one of the
following papers to the port borderguard:
a) The passports of
the crew or the equivalents;
b) The soldier’s card
or the military ID cards of the crew.
Article
22. The exit procedure
1. The location, time
limit, and presiding officers of the exit procedure for a foreign naval ship to
come to Vietnam for repair are prescribed in Clause 1 and Clause 2 Article 12
of this Decree.
2. The papers to be
submitted during the exit procedure
a) To the port
borderguard:
- 01 original of the
general declaration (Form 3);
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- 01 original of the
Dangerous goods manifest (if it is changed compare to the entry - Form 6);
- The papers issued by
the port borderguard to the crew while the ship is anchoring at the port (if
any): disembarkation cards, permits, short-term visas, permits for sightseeing.
b) To the port
authorities:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (if it is changed compared to the entry - Form 4);
- 01 original of the
Dangerous goods manifest (if it is changed compare to the entry - Form 6).
c) To the port
customs:
- 01 original of the
general declaration (Form 3);
- 01 original of the
Crew list (if it is changed compared to the entry - Form 4);
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- 01 original of the
Warship’s stores declaration (if it is changed compared to the entry - Form 9);
- 01 original of the
Crew’s effects declaration (if it is changed compared to the entry - Form 10);
- 01 original of the
Dangerous goods manifest (if it is changed compare to the entry - Form 6).
3. The papers to be
presented during the exit procedure:
Present the one of the
following papers to the port borderguard:
a) The passports of
the crew or the equivalents;
b) The soldier’s card or
the military ID cards of the crew.
Article
23. The transit procedure
The transit procedure
applicable to foreign naval ships that come to Vietnam for repair is specified
in Article 13 of this Decree.
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Article
24. Activities of foreign naval ships coming to Vietnam for repair
1. After being
licensed to come to Vietnam for repair, the captain of the foreign naval ship
must send inform and keep in touch with the port authorities where the ship
arrives 48 hours before the ship enters the Vietnam’s territorial sea.
In case there are
changes on the ship compared to the declaration, the captain must notify them
to the ship repair for settlement in cooperation with relevant functional
agencies before the ship comes for repair.
2. The foreign naval
ships coming to Vietnam for repair may only anchor at the licensed
ship-repairing facility. No more than 5 naval ships of the same country are
allowed to come to Vietnam for repair at the same repair facility, unless
otherwise allowed by the Government of the Socialist Republic of Vietnam.
3. While the ship is
entering, exiting, anchoring, or being repaired, it and the crew thereon and
the ship repairer must comply with Vietnam’s law, the port’s regulation, and
observe the instruction, inspection, and supervision of the specialized State
management agencies at the port.
4. While anchoring for
repair, the use of other vehicles on the ship for traveling and the vehicle
maintenance must be approved by the functional agencies of the Ministry of
National Defense and the port authority.
5. The exchanges and
visit must be approved by the Ministry of National Defense.
6. When the foreign
naval ship coming to Vietnam for repair, or the ship repairer wishes to use the
security services while the ship is anchoring for repair:
a) The ship repairer shall
send the Ministry of National Defense a written application for allowing a
Vietnamese enterprise licensed to provide security services for foreign naval
ships (hereinafter referred to as security enterprise) to provide the security
services, enclosed with 01 authenticated copy of the Business license of the
hired security enterprise, 01 authenticated copy of the security service
contract, and 01 original list of the officers and employees of the hired
security enterprise having their basic information;
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c) The security
enterprise shall perform the tasks in accordance with the content and range of
protection licensed by the Ministry of National Defense. The officers and
employees of the security enterprise that protect the ship must have the
licenses issued by the borderguard of the port where the foreign naval ship is
anchoring for repair, and subject to the inspection and supervision of the port
borderguard;
d) The Ministry of National
Defense shall specify the content and range of protection of the security
enterprises applicable to the foreign naval ships coming to Vietnam for repair.
Article
25. The crew's disembarkation; the license issue; the inspection, supervision,
and assurance of security and safety for the places where foreign naval ships
coming to Vietnam for repair are anchoring
1. The disembarkation
of the crew on the foreign naval ships coming to Vietnam’s ports for repair are
prescribed in Article 15 of this Decree.
2. The license issue;
the inspection, supervision, and assurance of security and safety foreign naval
ships coming to Vietnam for repair are prescribed in Article 16 and Article 17
of this Decree.
Chapter
4.
FOREIGN
NAVAL SHIPS COMING TO VIETNAM FOR OTHER ACTIVITIES
Article
26. The licensing procedure
1. The licensing
procedure applicable to the foreign naval ships doing other activities in the
territorial sea, inland waters and ports of the Socialist Republic of Vietnam
are prescribed in Clause 2 Article 10 of this Decree.
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Article
27. Other activities of foreign naval ships that come to Vietnam
1. The foreign naval
ships that come to the Vietnam’s territorial sea, inland waters, and ports may
only engage in the activities agreed by the Ministries and local authorities of
Vietnam and the country that send such ships, within the scope licensed by the
Ministry of National Defense.
2. The foreign naval
ships doing other activities in Vietnam’s territorial sea and inland waters
outside the port waters that wishes to engage in other activities than the
licensed ones must obtain the approval from the Ministry of National Defense.
If the ship must moves
due to force majeure or for the purposes of rescuing, the Ministry of National
Defense, the Ministry in charge, and the relevant provincial People’s
Committees must be notified right after the ship is safely anchored.
Article
28. The entry, exit, and transit procedures
1. The entry, exit,
and transit procedures applicable to the foreign naval ships coming to Vietnam
for other activities in the waters of ports or naval ports under the management
of a central-affiliated city or province are prescribed in Article 11, Article
12, and Article 13 of this Decree.
2. The entry, exit,
and transit procedures applicable to the foreign naval ships coming to Vietnam
for other activities in the territorial sea and inland waters outside the port
waters:
a) The location for carrying
out the entry and exit procedures for the ship and the crew thereon at the
office of the port authorities in the central-affiliated cities and provinces
are specified in the written approval of the Ministry of National Defense;
b) The deadline for the
entry and exit procedures for the ship and the crew thereon is the date on
which the applicant submits all the papers prescribed in Clause 3 this Article
to the specialized State management agencies at the port in central-affiliated
cities and provinces prescribed in the written approval of the Ministry of
National Defense.;
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a)The papers to be
submitted during the entry procedure:
- To the port
borderguard: 01 general declaration (Form 3); 01 Crew list (Form 4); 01
Activity schedule or plan;
- To the port
authorities: 01 General declaration (Form 3); 01 Crew list (Form 4);
- To the port customs:
01 General declaration (Form 3); 01 Crew list (Form 4);
- To the International
Health Quarantine Agency: 01 Model of maritime declaration of health (Form 9);
- To the Plant
quarantine agency at the port: 01 Declaration for plant quarantine (if any -
Form 10);
- To the Animal
quarantine agency at the port: 01 Declaration for animal quarantine (if any -
Form 11);
b) The papers to be
submitted during the exit procedure:
- To the port
borderguard: 01 General declaration (Form 3); 01 Crew list (if it is changed
compared to the entry - Form 4);
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- To the port customs:
01 General declaration (Form 3); 01 Crew list (if it is changed compared to the
entry - Form 4).
Article
29. The license issue
The issue of licenses
to the Vietnamese and foreign organizations, individuals, and vehicles engaged
in activities relevant to the foreign naval ships for other activities in the
territorial sea and inland waters of Vietnam are prescribed in Article 16 of
this Decree.
Article
30. Inspection and supervision
1. In the port waters
under the management of a central-affiliated city or province:
a)The borderguard
shall preside and cooperate with functional forces in ensuring the security and
safety of the port where the foreign naval ships are anchoring; inspecting and
supervising the activities of foreign naval ships, disembarking crew, people
and vehicles that enter and exit the area where the foreign naval ships are
anchoring; the people that disembark from the ships, and the vehicles that come
alongside the foreign naval ships;
b) The borderguard may
take the following measures during the inspection and supervision:
- Inspect the papers
of the disembarking crew; the Vietnamese and foreigners that disembark from the
ships; the vehicles that come alongside the ships;
- Supervise the area
where the foreign naval ships are anchoring;
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2. In the territorial
sea and inland waters outside the port waters:
a) The Ministry of
National Defense shall preside and cooperate with functional forces in ensuring
the security and safety of the areas where the foreign naval ships are
anchoring; inspecting and supervising the activities of foreign naval ships,
their crew, people and vehicles engaged in relevant activities;
b) The inspecting and
supervising forces may take the measures prescribed in Clause 2 Article 17 of
this Decree.
Article
31. The disembarkation of the crew
1. The disembarkation
of the crew on the foreign naval ships coming to for other activities are
prescribed in Article 15 of this Decree.
2. If the ship is
anchoring and operating in the territorial sea and inland waters outside the
port waters, the applicant must sign a contract with a Vietnamese enterprise
licensed to take the crew from the ship to the shore and vice versa. The
authority and procedure for licensing the vehicles that pickup the crew are
prescribed in Article 16 of this Decree.
Chapter
5.
THE STATE
MANAGEMENT OF FOREIGN NAVAL SHIPS THAT VISIT VIETNAM
Article
32. The content of the state management of foreign naval ships that visit
Vietnam
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2. Receive
information, make agreements on the content and program of foreign naval ships
that visit Vietnam with the countries that send them; organize the welcome
ceremony and the reception activities.
3. Issue licenses,
refuse to issue licenses, amend or supplement the licenses issued to foreign
naval ships that visit Vietnam.
4. Manage and control
the entry, exit, transit, travel, and other activities of the foreign naval
ships that visit Vietnam and the crew thereon; ensure the security and safety
for foreign naval ships that visit Vietnam; inspect and supervise the
activities relevant to the foreign naval ships that visit Vietnam.
5. Handle the
violations committed by the foreign naval ships as prescribed by Vietnamese
laws and the International Agreements to which Vietnam is a signatory.
Article
33. The responsibility for the state management of foreign naval ships that
visit Vietnam
1. The Government
shall unify the state management of foreign naval ships that visit Vietnam.
2. The Ministry of National
Defense is responsible before the Government for the state management of
foreign naval ships that visit Vietnam.
Article
34. Responsibility of the Ministry of Foreign Affairs
1. Send the invitation
from the State of the Socialist Republic of Vietnam to the countries of which
the ships make official visits to Vietnam.
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3. Preside and
cooperate with the Ministry of National Defense, other Ministries and relevant
provincial People’s Committees in diplomatically welcoming the delegations from
the foreign naval ships that make visits.
Article
35. Responsibility of the Ministry of National Defense
1. Issue, or cooperate
with the Ministry of Foreign Affairs and relevant Ministries in issuing the law
documents on foreign naval ships that visit Vietnam. Receive information, make
agreements on the content and program of the casual and usual visits with the
countries that send them.
2. Preside and
cooperate with relevant Ministries, and the provincial People’s Committee in
welcoming the foreign naval ships that make casual and usual visits to Vietnam.
3. Preside and
cooperate with relevant Ministries, and the provincial People’s Committee in
the management of foreign naval ships and their crew during their visits to
Vietnam.
4. Direct the
affiliated agencies to preside and cooperate with functional forces in ensuring
the security and safety for the foreign naval ships that visit Vietnam;
inspecting and supervising the activities of foreign naval ships, their crew,
and the activities relevant to foreign naval ships.
Article
36. Responsibility of the Ministry of Public Security
1. Provide opinions
about licensing foreign naval ships to visit Vietnam at the requests from the
Ministry of Foreign Affairs and the Ministry of National Defense.
2. Direct the
affiliated agencies, the police departments of central-affiliated cities and
provinces to cooperate with the functional forces in ensuring the security and
order at the localities where the foreign naval ships are anchoring; direct the
entry and exit administration agencies to consider and issue visas to the crew
that go outside the central-affiliated cities and provinces where the ships are
anchoring in accordance with Vietnam’s laws on the entry and exit.
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1. Provide opinions
about licensing foreign naval ships to visit Vietnam at the requests from the
Ministry of Foreign Affairs and the Ministry of National Defense.
2. Preside and
cooperate with the Ministry of National Defense in welcoming the foreign naval ships
that making the visits to Vietnam that are relevant to the disciplines under
their management.
Article
38. Responsibility of provincial People’s Committees
1. Provide opinions
about licensing foreign naval ships to visit Vietnam at the requests from the
Ministry of Foreign Affairs and the Ministry of National Defense.
2. Cooperate with the
Ministry of Foreign Affairs, the Ministry of National Defense, and relevant
Ministries in welcoming the foreign naval ships that make visits to their
provinces or cities.
Chapter
6.
IMPLEMENTATION
PROVISIONS
Article
39. Effects
1. This Decree takes
effect on January 20th 2013, and supersedes the Government's Decree
No. 55/CP dated October 01st 1996 on the activities of foreign naval
ships that make visits to the Socialist Republic of Vietnam.
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Article
40. Implementation instruction
The Ministry of
National Defense and the Ministry of Foreign Affairs shall formulate guiding
documents and detailed regulations based on this Decree.
Article
41. Implementation responsibilities
The Ministers, Heads
of ministerial-level agencies, Heads of Governmental agencies. Presidents of
the provincial People’s Committees, relevant organizations and individuals are
responsible for the implementation of this Decree.
FOR THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung