Decision 10/2016/qd-Ttg Dated: About Performing The Procedure Electronic Border Ports

Original Language Title: Quyết định 10/2016/QĐ-TTg: Về thực hiện thủ tục biên phòng điện tử cảng biển

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952769/quyt-nh-10-2016-q-ttg%253a-v-thc-hin-th-tc-bin-phng-in-t-cng-bin.html

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Decisions on implementing procedures electronic border ports _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
Pursuant to the law on the State border of 17 June 2003;
Electronic transactions Act base on November 29, 2005;
Pursuant to the law of information technology on June 29, 2006;
Pursuant to the law of entry, exit, transit, residence of foreigners in Vietnam on June 16, 2014;
Based on border guard Ordinance of 28 March 1997;
Pursuant to Decree No. 50/2008/ND-CP on April 21, 2008 on the management of Government, security guard, order at the port gate;
Pursuant to Decree No. 21/2012/NĐ-CP on March 21, 2012 of the Government on the management of ports and maritime flow;
According to the recommendation of the Minister of national defence, the Prime Minister issued decision about implementing procedures electronic border ports.
Article 1. Scope of this decision the provisions implementing the electronic border procedures at the ports by the border guard Department of the Ministry of defence management.
Article 2. Application object 1. This decision applies to: a the commanding border) gate gate frontier ports, ports and border stations in port gate frontier (hereinafter referred to as the port gate border);
b) shipowner or ship Manager, ship hire people who exploit the ship, the captain or person authorized (hereinafter referred to as the procedures); the Organization, Vietnam, foreign individuals involved in implementing procedures electronic border ports;
c) boat Vietnam entry, exit; ship, boat, boat foreign entry, exit, transit, transfer ports (including the ship for exploration, mining, oil and gas services operated off; foreign ships are the Ministry of transport of the Inland Transport license; boat owned by the Vietnam foreign nationality flag);
d) ships, foreign boats with engines powered by nuclear energy or ship, boat transport of radioactive material; the ship, the foreign boat to port perform the activity of scientific research, fishing, rescue, salvage sunken property, lai pimp support in port waters, culture, sports, marine construction, survey, exploration, exploitation of natural resources and other environmental activities in Vietnam waters after a permit or the approval of the authorities Vietnam's rights allow the boat to port.
2. This decision does not apply to foreign military ships to the Socialist Republic of Vietnam; boat of agencies, organizations, foreign individuals are entitled to privileges, immunities in accordance with the law of Vietnam; Vietnam fishing vessel; boat Vietnam domestic activity; ships, offshore boats for reasons of emergency please go to avoid, stay in the storm or accident.
Article 3. Explanation of terms In this decision, the terms below are interpreted as follows: 1. The procedure of electronic border ports (here written as electronic border procedures) is the border procedure, in which the person making the declaration procedure and border gate of the port reception, handling Exchange of information and to confirm the completion of border formalities for ships, boats, crews, passengers and entry, exit, transit, transfer the port through the portal electronic border procedures of sea ports.
The transit procedure, transfer ports only apply to foreign ships.
Exit and entry procedures apply to both Vietnam boats and foreign vessels.
2. procedure for portal electronic border ports (here written as information portal) is the access point on the network environment, the integration of the information, services and applications, a service for making electronic border procedures through which users can exploit, use and personalize the display of information.
3. data processing system for electronic port border is the system software and equipment data base by the border guard management focus, uniform, used to implement electronic border procedures.
4. electronic affidavit declaration form is under electronic format that the procedure must be declared when making electronic border procedures.
5. The profile of electronic border ports (here written as electronic records) is a collection of electronic statements that the procedure must be declared when making electronic border procedures, including: General statements; List of crew; List (if available); A dangerous goods declaration, weapons, explosive materials (if any); Affidavit of person who hid on Board (if any).
6. Declare electronic border procedures are the people who do use the internet make electronic declarations affidavit and submit electronic records for the port gate border through the portal.
7. Confirm the complete procedure of electronic border is the border gate of the port using the internet and the internal network to receive, examine, process information, submit the completed results message border procedures for ships, boats, boat park entry, exit, transit, transfer ports for the procedure through the portal.
8. the paper profile is a collection of papers that the procedures to submit and present under the provisions of article 8 of Decree 50/2008/ND-CP on April 21, 2008 on the management of Government, security guard, order at the port gate.
9. Refuse to perform the procedure of electronic border is the border gate of the port sent notice to the person doing the procedure on transfer of forms make border procedures through the portal to test form, made directly border procedures at the boat.
10. Boat moved the port's ship, the boat carrying the flags of foreign nationality (including boat owned by the Vietnam foreign nationality flag) did the immigration procedures at a sea port of Vietnam then moves to a different port in the country.
Article 4. Principles for implementing electronic border procedures Must ensure equality, safety, public, transparent, fast, convenient and comply with the provisions of the law on electronic transactions and Vietnam and immigration in accordance with the relevant international treaties to which Vietnam is a member.
Article 5. Confirmation of completed and refused to perform the procedure of electronic border ports 1. Port gate border confirm completion of border formalities on the basis of the declared procedure of electronic border of the person doing the procedure.
2. the port gate border refused to implement electronic border procedures for various reasons: a) defense and security;
b) special reasons affecting the socio-economic or for reasons of safety of navigation, prevention of pollution;
c) boat signs clearly violate the law;
d) Who filling declare electronic border procedures are incomplete, inaccurate.
Article 6. Performed electronic border procedures 1. Electronic border procedure is done 24/24 hours daily. When the portal is connected to the national one-stop portal, the procedures for implementing the electronic declarations and electronic records submitted to the border gate of the port, receiving confirmation of the completion of procedures electronic border ports through a portal of countries according to the rules of procedures for ship the boat, on the left the seaport of offshore oil and gas through OSS.
The case of the national one-stop portal has the problem (equipment, software, databases, the Internet connection in the data processing system for electronic port border is broken, faulty), the procedures for implementing procedures electronic border ports through the portal.
2. the electronic format by the Department of Defense regulations. The content of the electronic version must be consistent with the content of the paper under the provisions of the law of Vietnam on ports and maritime stream and the corresponding affidavit posted on the door of a national portal.
3. the boat entry, transit, moved to port after completing border formalities and procedures of the State Management Agency specialized in sea ports: a) are allowed to perform these operations served folded, unloading and other activities according to the program, the plan;
b) crews in boats, boats that are allowed to go ashore as soon as the boat docked in the port of safety. Walking the shores of boatmen made according to the provisions in Article 44 paragraph 1/e Law Point of entry, exit, transit, residence of foreigners in Vietnam on June 16 in 2014 and article 18 Decree No. 50/2008/ND-CP on April 21, 2008 on the management of Government , security guard, order at the port gate.
4. After completing the electronic border procedures, train or boat, a port of transfer) continued to implement activities serving folded, unloading and other activities according to the program, the plan until leaving the port;
b) where there is a change in the boat or the violation of the provisions of the law of Vietnam must handle it must redo border procedures. The boat, the boat was allowed to leave the port when all matters relating to the ship, the crew, passengers, cargo handling, solved.
5. After completing the electronic border procedures, the procedures to submit and present the papers according to the timelines stipulated in art. 2 article 7 of this decision are as follows: a) for boat entry:-to submit papers (1 original): General statements; List of crew; List (if available); A dangerous goods declaration, weapons, explosive materials (if any); Affidavit of person who hid on Board (if any).
-To present papers (original): boat crewmembers passport, or valuable papers instead of the passport of the boat; the passenger's passport (if available).
b) for ships, boats, and exit:-to submit papers (1 original): General statements; List of crew (if there are changes compared to when entry); The passenger list (if there is a change compared to when entry); Affidavit of dangerous goods, firearms, and explosives (if there are changes compared to when the entry).

-To present papers (original): boat crewmembers passport, or valuable papers instead of the passport of the boat; the passenger's passport (if available).
c) for boat transit: at the gate of the port of entry done in accordance with point a of this Paragraph, at the gate of the port exit follow specified in point b of this Paragraph.
d) after the portal applying the digital signature, the procedures for using electronic signatures not filed for the port gate border papers: General statements, the list of crew, passenger list, A dangerous goods declaration, weapons and explosives; Affidavit of person who hid on the ship.
With regard to the need to present papers (passport, boat crews Book or valuable papers instead of the passport of the boat; your Passport), who perform the procedures as defined in art. 2 article 7 of this decision.
6. The case of the procedures for detecting errors or update information should additional declarations, information must declare by regulation but arises after the time of the received confirmation of complete electronic border procedures, the procedures are allowed to fix, additional content declarations in electronic records according to the time limits specified in point b of Paragraph 2 article 7 This decision but must be approved by the port gate border.
7. The case may not make electronic border procedures due to a data processing system for electronic port border incidents (equipment, software, databases, the Internet connection in the data processing system for electronic port border is broken, faulty): a) the port gate border must notify the person making the written procedure , phone or e-mail to make border procedures for the boat to the left port, as defined in article 7, article 8, article 9, article 10, article 11, Decree No. 50/2008/ND-CP on April 21, 2008 on the management of Government, security guard, order at the port gate.
b) Who do the procedure declaration, filed a declaration paper; Port gate border confirmed complete border procedures according to the time limits specified in point c Paragraph 2 article 7 of this decision.
For boat entry, transit to the port, the port to the switch, the procedure was repaired, additional regulations such as paper records for electronic records.
c) after the port gate border confirmed complete border procedures, operation of ships, boats, crews carried out according to the provisions in Clause 3 clause 4 this.
d) port gate border refused to perform the procedure at the border gate border port headquarters or at the headquarters of maritime port (or Port Office of Maritime Affairs), switch to perform the procedure at the Board for various reasons: Defense and security; the special reason affecting the socio-economic or for reasons of safety of navigation, prevention of pollution; ship, boat signs clearly violate the law; who do the procedure to declare the types of incomplete paperwork, not exactly.
Article 7. The location, the time limit for implementing electronic border procedures 1. Location a) Who do the procedure declared and received confirmation of complete electronic border procedures at any place would have access to the internet;
b) port gate border made electronic border procedures at the port gate border headquarters; to receive paper records at the port gate border headquarters or at the headquarters of maritime port (or Port Office of maritime services).
2. a time limit) the deadline to declare and certify complete border procedures; filed and present the paper profile:-Slow for 4 (four) hours before the scheduled train or boat to the port, and 2 (two) hours prior to the scheduled boat left the port, the procedure must declare the electronic border procedures. Time to start implementing electronic border procedures are determined from the time the port gate border receiving a full electronic records through the portal.
At the latest 1 (one) hour since receive adequate electronic records, border gate to confirm complete electronic border procedures. Time determine the complete electronic border procedure is the time the person doing the procedure of getting confirmed complete electronic border procedures through the portal;
-For boat entry; Transit train or boat to the port, at the latest within 10 (ten) hours after the boat docked at the port, the safety procedures to submit and present the papers according to the regulations for border port gate.
For ships, boats, and exit; Transit train or boat left the port, the latest just before the boat left the port, the procedures to submit and present the papers according to the regulations for border port gate.
-For boat mooring at the port time under 24 (two four) hours, no change of crew, passengers (if any), the procedure is allowed to declare the exit procedures for boat immediately after declaring the entry procedure; filed, present the paper records of the procedures of entry and exit procedures for border port gate.
b) the time limit for sending the confirmation and complete electronic border procedures for electronic records, Supplement: repair-Slowly for 2 (two) hours after the port since the time docked safely in the port, for boat entry, transit, switch port, the procedure must submit electronic records of repair Supplement to the border gate. At the latest 30 (thirty) minutes since receiving electronic records full repair, additional border crossings, ports must confirm the complete electronic border procedures for electronic records corrected and supplemented.
-At the latest 1 (one) hour before leaving the port for ships, boats, exit, transit, transfer ports, the procedure must submit electronic records of the repair, addition to the border gate. The latest just before the boat left the port, the port gate border to confirm the complete electronic border procedures for electronic records corrected and supplemented.
c) the time limit for implementation of border procedures in case of data processing system for electronic port border incidents:-Slow for 2 (two) hours before the boat left the port, expected to, who do the procedure declaration, filed the papers specified in point a and point b Paragraph 5 article 6 this decision for border port gate.
At the latest 1 (one) hour since receiving the full papers, gate border ports to confirm completion of border formalities.
-Slow for 10 (ten) hours after the boat docked at the port safe, slow for 2 (two) hours prior to the scheduled boats left port the procedure must present the documents as defined in point a and point b Paragraph 5 article 6 this decision for border port gate.
Article 8. The responsibilities of the ministries; The people's committees of provinces and cities; the units, organizations and individuals involved in the making of electronic border procedures 1. The responsibility of the Ministry of Defense a) presiding, in cooperation with the ministries; The people's committees of provinces and cities under central; in collaboration with the Steering Committee OSS implementation of national Governments in implementing electronic border procedures and procedural integration of electronic border ports with a national system.
b) issued guidance documents made electronic border procedures, the form in the profile of electronic border ports and the supplementary forms relevant to the Convention on facilitation of international maritime traffic (Fal Convention 65); fix, additional declarations in the record electronic border; inspection, monitoring, grants the license type, the media on the operation, bonded area at the port; information security; handle complaints and violations, accusations; grant the account access to the person doing the procedure to access the portal electronic border procedures; the Guide made the problems arising in the process of finalizing the connection with the national one-stop portal.
c) proposals, issued the policy, mechanism, the agenda, funding, infrastructure and equipment to the official deployment of electronic border procedures on the national ports system because the Department of Defense management.
d) organizing advocacy, support to enterprises, organizations, individuals participated in the electronic border procedures; in coordination with the ministries concerned to check and handle the problems arising;
DD) hosted, in cooperation with the ministries; The people's committees of provinces and cities under central relating implement this decision.
e) ensure funding and necessary conditions of the facilities, the equipment for the implementation of electronic border procedures;
g) summary, summary, reviews, reports Prime results of electronic border procedures.
h) border guard Director-construction, project implementation procedures for electronic border gate border port; build roadmap to upgrade, improve the system of handling electronic data port border, apply a digital signature, removing papers to file in the making of electronic border procedures; training organizations, training, deployed officers have enough level, capacity, experience meet the requirements of implementing electronic border procedures;
-Evaluation, testing allows organizations and individuals to join the electronic border procedures; provision of access to the portal; installation instructions, reporting information for people who do participate carry electronic border procedures;
-Provide, share information relating to the ship, boat, boat, passengers for the State Management Agency specialized in ports;
-Hosted, in cooperation with the State Management Agency specialized in sea ports, local government in advocacy work, the accomplish electronic border procedures;
-Processed in accordance with the law the violation of the law of the organizations and individuals in the making of electronic border procedures.
2. The responsibilities of the ministries concerned a) Ministry of finance

Within the scope of the duty, the authority is responsible for directing, guiding the State Management Agency specialized in direct cooperation with the border guard in the making of electronic border procedures; hosted, in cooperation with the Department of Defense guidelines for businesses, organizations, individuals performing electronic procedures (including procedures for electronic border ports) for the boat to arrive, leaving the seaport of offshore oil and gas through OSS.
b) Ministry of information and communications, the Ministry of transport, Ministry of health, Ministry of agriculture and rural development In the scope of the duty, the authority is responsible for directing, guiding the State Management Agency specialized in direct cooperation with the border guard in the making of electronic border procedures.
3. The responsibility of the provincial people's Committee, the central city where make electronic border procedures within the scope of the duties, powers, provincial people's Committee, central cities are responsible for directing, instructing the departments, local functional sectors where done the procedure electronic border coordination , created favorable conditions for border port gate implemented electronic border procedures at the local level.
4. The liability of the Organization, individuals involved in implementing electronic border procedures; handle complaints and violations, accusations made in the electronic border procedure a) Organization, individual, officer, border guard soldiers conducted electronic border procedures must comply with the provisions of this decision and the other provisions of the law of Vietnam about immigration; management, security guard at the gate of the port; ports and maritime flow; electronic transactions. All violations will be dealt with according to the provisions of the law;
b) complaints, accusations and complaints, accusations made in the electronic border procedures, is done under the provisions of the law on complaints and denunciation.
Article 9. Terms of implementation 1. This decision had effect since April 18, 2016.
2. Annuls decision No 22/2009/QD-TTg on October 15, 2011 of the Prime on the pilot implementation of procedures electronic border ports.
Article 10. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the city of centrally concerned is responsible for the implementation of this decision.