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THE
MINISTER OF NATIONAL DEFENSE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
188/2011/TT-BQP
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Hanoi,
November 07, 2011
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CIRCULAR
GUIDING THE EXPERIMENTAL IMPLEMENTATION OF E-BORDER GUARD
PROCEDURES AT SEAPORTS
Pursuant to the 2008 Law on
Promulgation of Legal Documents;
Pursuant to the 2005 Law on
E-Transactions;
Pursuant to the Government's
Decree No. 71/2006/ND-CP of July 25, 2006, on management of seaports and
maritime channels;
Pursuant to the Government's
Decree No. 50/2008/ND-CP of April 21, 2008, on management and protection of
security and order at border-gate seaports;
Pursuant to the Government's
Decree No. 104/2008/ND-CP of September 16, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of National
Defense-Pursuant to the Prime Minister's Decision No. 22/2011/QD-TTg of April
15, 2011, on the experimental implementation of e-border guard procedures at
seaports;
At the proposal of the High
Command of the Border Guard;
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Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Circular guides in detail
the experimental implementation of e-border guard procedures at seaports; and
border guard examination during and after implementation of e-border guard
procedures at seaports.
Article 2.
Subjects of application
1. Border guard units at
border-gate seaports specified in Article 3 of the Prime Minister's Decision
No. 22/2011/QD-TTg of April 15, 2011, on experimental implementation of e-
border guard procedures at seaports (Decision No. 22/2011/QD-TTg);
2. Ship owners, ship managers,
ship operators or persons authorized and registered to participate in the
experimental implementation of c-border guard procedures at seaports (below
referred to collectively as procedure implementers);
3. Vietnamese vessels on entry
or exit; foreign vessels and crews on entry or exit, in transit or moving
between border-gate seaports (including also petrol and gas prospecting,
exploitation and service ships operating offshore) under the management of
border guard units mentioned in Clause 1 of this Article.
This Circular does not apply to
Vietnamese fishing ships and foreign vessels moving from border-gate seaports
experimentally implementing e-border guard procedures to those not yet
implementing these procedures; vessels of foreign agencies, organizations or
individuals entitled to privileges and immunities under law; foreign
nuclear-powered seagoing ships; foreign warships and marine police ships
visiting to or being repaired or engaged in other activities in the Socialist
Republic of Vietnam.
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In this Circular, the terms and
phrases below are construed as follows:
1. E-border guard procedures
means that border guard units at seaports and procedure implemented declare,
receive and process information and confirm completion of border guard
procedures through the border guard web portal for vessels and crews to enter,
leave or transit Vietnam or move from one port to another in Vietnam.
2. Border guard web portal means
the only access point on the Internet where information, services and
applications arc integrated to serve the implementation of e-border guard
procedures via the Internet.
3. The processing system of
e-border guard data means the system of equipment, software applications and
database managed by the High Command of the Border Guard in a centralized and
uniform manner and used for implementing e-border guard procedures.
4. E-border guard declaration
means the declaration by procedure implementers of necessary information on
declaration forms of e-border guard dossiers to implement border guard procedures
through the border guard web portal for vessels and crews to enter, leave or
transit Vietnam or move from one port to another in Vietnam.
5. Confirmation of completion of
e-border guard procedures means that border guard units at border-gate seaports
confirm completion of border guard procedures through the border guard web
portal for vessels and crews to enter, leave or transit Vietnam or move from
one port to another in Vietnam.
Article 4.
Forms in e-border guard dossiers and related supporting forms
1. Forms in e-border guard
dossiers are provided in Section 1 in the Appendix to this Circular (not
printed herein).
2. Supporting forms related to
e-border guard procedures are provided in Section 2 in the Appendix to this
Circular (not printed herein).
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1. The High Command of the
Border Guard shall administer and process all data and information relating to
e-border guard procedures to serve the Border Guard's professional work; and
grant accounts to access the border guard web portal to border guard units at
border-gate seaports experimentally implementing e-border guard procedures.
2. E-border guard procedures
shall be posted on the border guard web portal.
3. Border guard units at
border-gate seaports experimentally implementing e-border guard procedures
shall grant accounts to access the border guard web portal to procedure
implementers after receiving, considering and approving the latter's official
letters on registration to participate in the experimental implementation of
e-border guard procedures; re-grant accounts when procedure implementers cannot
access the web portal; access the web portal to receive, check and process
declared information and confirm completion of e-border guard procedures.
4. Procedure implementers shall
be granted accounts to access the border guard web portal to make e-border
guard declaration and exchange other relevant information with the border guard
units at border-gate seaports experimentally implementing e-border guard
procedures, and receive the latter's replies.
Article 6.
Confidentiality of information relating to e-border guard procedures at seaports
1. Procedure implementers shall
take responsibility for the information they supply on the Internet, protect
and take responsibility for using passwords to access and declare e-border
guard information.
2. The High Command of the
Border Guard shall assure security for all data and information relating to
e-border guard procedures. The management and storage of data shall be
conducted in the server managed by the High Command of the Border Guard.
3. Border guard units at
border-gate seaports experimentally implementing e-border guard procedures may
use personal information of procedure implementers only for accurately
identifying the names and legal status of procedure implementers to serve the
grant of accounts to access the border guard web portal and for management
work. They may neither supply nor share personal information of procedure
implementers to third parties, unless it is so consented by individuals
concerned or provided by law;
Border guard units at
border-gate seaports experimentally implementing e-border guard procedures may
use and share with specialized state management agencies at seaports declared
information on vessels, crews, passengers and cargoes supplied by procedure
implementers to complete procedures for Vietnamese vessels on entry or exit;
foreign vessels and crews on entry or exit, in transit or moving from one port
to another at border-gate seaports experimentally implementing e-border guard
procedures.
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1. Organizations and individuals
that violate regulations in declaring e-border guard procedures shall,
depending on the nature and seriousness of their violations, be
administratively sanctioned or banned from the experimental implementation of
e-border guard procedures and. if causing damage, shall pay compensation under
law.
2. Border guard officers and
members who violate regulations in experimentally implementing e-border guard
procedures shall, depending on the nature and seriousness of their violations,
be disciplined under the Vietnamese People's Army's statutes on management of
army men and, if causing damage, shall pay compensation under law.
3. The lodging and settlement of
complaints and denunciations concerning the experimental implementation of
e-border guard procedures comply with the laws on complaints and denunciations.
Chapter II
E-BORDER GUARD
PROCEDURES
Article 8.
Registration for participation in the experimental implementation of e-border
guard procedures
Procedure implemented shall make
written registration for participation in the experimental implementation of
e-border guard procedures according to form 12 in the Appendix to this
Circular. Within three working days after receiving such written registration,
the border guard units at border-gate seaports shall issue a written reply to
approve or disapprove the registration according to form 13 or 14 in the
Appendix to this Circular.
Article 9.
Deadlines for implementation of e-border guard procedures
1. At least 8 hours before a
vessel is expected to arrive at a seaport or at least 2 hours before a vessel
is expected to leave a seaport, information relating to the vessel and its crew
on entry or exit, in transit or moving from one port to another; cargoes
imported, exported, transited or transported from one border-gate seaport to
another shall be declared by the procedure implementer according to the forms
of the e- border guard dossier.
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2. Within 1 hour after receiving
all information sent from the procedure implementer according to the e-dossier,
the border guard unit at the border-gate seaport shall confirm the completion
of e-border guard procedures. The time of confirmation is the time the border
guard unit sends the confirmation to the procedure implementer through the
border guard web portal.
After completing e-border guard
procedures and procedures required by other specialized state management
agencies at the seaport, vessels on entry or moving from one port to another
may have cargoes loaded or unloaded and engage in other activities according to
program or plan; crews on board these vessels may go onshore under Article 18
of the Government's Decree No. 50/2008/ND-CP of April 21, 2008, on management
and protection of security and order at border-gate seaports.
3. Within 2 hours after vessels
are safely moored at a pier or within 4 hours after vessels are safely moored
on a river or lagoon within port waters, procedure implemented shall submit
paper dossiers to the border guard unit at the border-gate seaport.
For oil and gas prospecting,
exploitation or service vessels operating offshore, within 2 hours after they
arrive ashore, procedure implementers shall submit paper dossiers to the border
guards unit of the border-gate seaport.
4. If a vessel has no change in
its voyage itinerary, crew complement and passengers (if any) and commits no
violation of Vietnamese law, within 2 hours, for a vessel moored at a pier, or
4 hours, for a vessel moored on a river or lagoon, after it leaves the seaport,
the procedure implementer shall submit the paper dossier to the border guard
unit at the border-gate seaport.
5. For foreign vessels moving
between border-gate seaports experimentally implementing e-border guard
procedures, their border guard dossiers shall be created electronically and
transmitted via the processing system of e-border guard data; after completing
e-border guard procedures for these vessels, procedure implemented are not
required to submit paper dossiers for these vessels to the border guard units
at the border-gate seaports.
In case a vessel moving from one
port to another has different types of permits granted by the border guard at
the border-gate seaport to the vessel and its crew and passengers which are
valid for use at the seaport of destination or has documents on cases related
to the vessel and its crew or passengers which need to be handed to the border
guard of the port of destination for handling, the border guard of the port of
departure shall make a paper dossier for transfer onboard the vessel to the
border guard of the seaport of destination. At the seaport of departure, at
least 1 hour before the vessel leaves the port, the procedure implementer shall
come to the office of the border guard at the seaport to receive the paper
dossier of the vessel, hand it to the vessel master for transfer to the border
guard of the port of destination. At the seaport of destination, within 2
hours, for vessels moored at a pier, or 4 hours, for vessels moored on a river
or lagoon, the procedure implementer shall submit the paper dossier of the
vessel to the border guard unit of the seaport of destination.
6. For foreign vessels moving
from a border-gate seaport not yet experimentally implementing e-seaport border
guard procedures to a sea border gate experimentally implementing these
procedures, within 2 hours after such vessels are safely moored at a pier or
within 4 hours after they are safely moored on a river or lagoon within port
waters, procedure implementers shall submit paper dossiers of these vessels to
the border guards of the seaport of destination.
Article 10.
Places of implementation of e-seaport border guard procedures
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2. Places of receipt of
declarations and confirmation of completion of e-seaport border guard
procedures are border guard offices at border gate seaports.
Article 11.
Declaration of e-border guard procedures
1. When declaring e-border guard
procedures, procedure implementers shall use c-declaration forms 1, 2, 3, 4 and
5 in the Appendix to this Circular on the border guard web portal; the
declaration must be complete and accurate and declarers shall take
responsibility before law for declared information.
2. If receiving a request for
re-declaration from the border guard of the border-gate seaport, a procedure
implementer shall follow the guidance and make modifications and additions as
requested.
3. If receiving no reply within
1 hour after sending all completed e-declaration forms to the border guard, the
procedure implementer shall promptly notify such to the border guard for
checking and handling.
Article 12.
Receipt and processing of declared information and implementation of e-border
guard procedures
1. E-border guard procedures
shall be implemented around the clock everyday. In case of force majeure events
(natural disaster, fire, transmission line interruption caused by service
provider), border guards at border-gate seaports are unable to implement these
procedures via the border guard web portal, border guard procedures for vessels
and crews shall be carried out under the Government's Decree No. 50/ 2008/ND-CP
of April 21, 2008, on management and protection of security and order at
border-gate seaports.
2. On the basis of information
analysis results of the processing system of e-border guard data combined with
other information sources, the border guards at border-gate seaports shall
approve or disapprove the implementation of e-border guard procedures for vessels
and crews and promptly notify such to procedure implementers for implementation
and to specialized state management agencies at seaports for coordinated
implementation.
3. Confirmation of completion of
c-border guard procedures or notice of refusal to implement e-border guard
procedures shall be sent by border guards at border-gate seaports via the
processing system of e-border guard procedures or in writing in case of
inability to receive in electronic form (with signature and full name of
responsible person). A notice of refusal to implement e-border guard procedures
must clearly state the reason and measures to be taken by the border guard.
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5. If vessels on exit or moving
from one port to another, after receiving confirmation of completion of e-
border guard procedures, change their voyage itinerary, crew complement and
passengers (if any) or violate Vietnamese law and therefore are penalized, they
are required to implement border guard procedures again.
6. If vessels show signs of
violation of Vietnamese law; there are persons illegally hiding on board;
declared information is incomplete or inaccurate, border guards at border-gate
seaports shall refuse to implement e-border guard procedures and they shall
implement border-guard procedures for vessels and crews under the Government's
Decree No.50/2008/ND-CP of April 21, 2008, on management and protection of
security and order at border-gate seaports and directly inspect the vessels.
Refusal to implement e-border
guard procedures shall be decided by commanders of border guard units at
border-gate seaports experimentally implementing e-border guard procedures
according to form 15 in the Appendix to this Circular.
Article 13.
Correction and addition of declared information in e-border guard dossiers
1. Procedure implemented may
correct and add information declared on the forms of e- border guard dossiers
in the following cases:
a/ Within 1 hour after sending
e-declaration forms to border guards at border-gate seaports, procedure
implemented themselves detect mistakes and request to correct and add declared
information according to form 10 in the Appendix to this Circular;
b/ Only after making
e-declaration, can, procedure implementers, for objective reasons, be aware of
information to be additionally declared or to be declared as required, which
emerges after the time of completion of e-border guard procedures, according to
form 10 in the Appendix to this Circular;
c/ It is so requested by border
guards at border-gate seaports.
Procedure implementers shall
clearly state reasons for making corrections and additions according to Point a
or b, Clause 1 of this Article.
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a/ Border guards at border-gate
seaports shall permit corrections and additions after checking and verifying
the reasons stated by procedure implemented;
b/ Old declarations and
corrected and added declarations shall be stored in the processing system of
e-border guard data as a basis for the checking, comparison and verification of
authenticity of declared information in e-border guard dossiers.
Chapter
III
BORDER GUARD EXAMINATION
DURING AND AFTER IMPLEMENTATION OF E-BORDER GUARD PROCEDURES
Article 14.
Objects of examination
1. E-border guard dossiers and
paper dossiers.
2. Crews on board vessel s and
their passports or valid substitute papers.
Article 15.
Forms and levels of examination
During and after implementation
of e-border guard procedures, border guards at border-gate seaports may conduct
examination in the following forms and at the following levels:
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2. Unexpectedly examining vessels
to compare declared information in the e-border guard dossiers with reality or
request procedure implementers to produce passports and valid substitute papers
of crews after completing c-border guard procedures in order to assess the
observance of law of objects of examination.
3. Directly examining vessels
when detecting vessels, crews or passengers (if any) show signs of violation,
there are persons illegally hiding on board vessels, or declared information on
vessels, crews and passengers (if any) is incomplete or inaccurate so as to
take handling measures under law.
Article 16.
Competence to decide on forms and levels of examination
On the basis of results of
analysis and assessment of declared information of e-border guard procedures in
the processing system of e-border guard data and other information sources,
commanders of border guard units at border-gate seaports experimentally
implementing e-seaport border guard procedures shall decide on or change the
forms and levels of examination according to Clause 2 or 3, Article 15 of this
Circular.
Chapter IV
ORGANIZATION OF
IMPLEMENTATION
Article 17.
Stages of implementation of e-border guard procedures
1. Stage I will be implemented
for 1 year from June 9, 2011 (the effective date of Decision No. 22/2011/QD-TTg):
a/ First three months: To
publicly notify the experimental implementation of e-border guard procedures
among concerned organizations and individuals in provinces and centrally run
cities with seaports selected for the experimental implementation; to build a
border guard web portal to serve the experimental implementation; to develop
and promulgate the process of implementing e-border guard procedures;
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2. Stage II will be implemented
in 1 year (from the end of Stage I):
a/ First six months: To review
and draw experiences and report to the Prime Minister on the process of the
experimental implementation in Stage I;
b/ Subsequent six months: To
perfect the process in order to review the experimental implementation before
expansion to all border-gate seaports nationwide; and report to the Prime
Minister and propose details of the implementation in all border-gate seaports
nationwide.
Article 18.
Organization of implementation
1. The High Command of the
Border Guard shall:
a/ Assume the prime
responsibility for, and coordinate with related agencies and organizations in,
implementing this Circular;
b/ Direct the border guard
commands of provinces and cities with border-gate seaports experimentally implementing
e-border guard procedures to assume the prime responsibility for, and
coordinate with provincial-level Justice Departments and related functional
sectors in, advising provincial-level People's Committees on holding meetings
to disseminate Decision No. 22/2011/QD-TTg and this Circular to local
administrations and sectors at all levels; popularize them among the transport
business community and related organizations and persons, and encourage and
assist enterprises, organizations and persons in experimentally implementing
e-border guard procedures.
2. Border guard units
experimentally implementing e-border guard procedures shall:
a/ Assume the prime
responsibility for, and coordinate with specialized state management agencies
at seaports in, implementing e-border guard procedures. Receive registration
requests and carry out registration procedures for enterprises, organizations
and persons to participate in the experimental implementation:
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3. Specialized state management
agencies at seaports experimentally implementing e- border guard procedures
shall
a/ Coordinate with and create
favorable conditions for border guards at border-gate seaports to
experimentally implement e-border guard procedures;
b/ Provide and share information
relating to security and order of vessels, crews, passengers and cargoes to
border guards at border-gate seaports;
c/ Coordinate with border guards
at border-gate seaports in handling violations of vessels, crews and passengers
and other related organizations and individuals at home and abroad (when so
requested).
4. Organizations and individuals
experiment-tally implementing the e-declaration of border guard procedures at
border-gate seaports shall strictly comply with Decision No. 22/2011/QD-TTg and
guidance in this Circular and 'other relevant laws.
Article 19.
Effect
This Circular takes effect 45
days after the date of its signing.
Any problems arising in the
course of implementation shall be promptly reported to (he Ministry of National
Defense (via the High Command of the Border Guard) for consideration and
settlement.-
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FOR
THE MINISTER OF NATIONAL DEFENSE
DEPUTY MINISTER
LIEUTENANT GENERAL
Nguyen Thanh Cung