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

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PRIME MINISTER
Number: 10 /2016/QĐ-TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 3, 2016

A DECISION.

Go back to the port of the port, the port of the port. n

______________

The T-Law Base. socket government of June 19, 20 1 Five.

National Border Law Base June 17, 2003;

The Electronic Exchange Law Base May 29. 11 in 2005;

The Information Technology Law Base June 29, 2006;

Immigration Law Base, footage, qu Ah! the scene, the resident of foreigners in Vietnam June 16, 2014;

Ph Base Ah! Command of the Border Force on 28 March 1997;

Base of Protocol 50 /2008/NĐ-CP April 21, 2008 Government v Okay. management Why? , security guard, order at the mouth of the seaport;

Base of Protocol 2. 1 /20. 1 2/NĐ-CP March 21, 2012 Government of Government Management Why? seaport and sea l The sea side,

Follow. Okay. The Secretary of Defense,

The Prime Minister issued the Decision on the implementation of the port border procedure. b Yeah.

What? 1. The adjustment range

This decision stipulated the implementation of the electronic border procedure in the ports of the defense of the Ministry of Defense of the Ministry of Defense.

What? 2. Subject applies

1. This decision applies to:

a) Ban the Port Border Patrol, the Port Border Patrol, and the Port Border Patrol Station, the Port Border Patrol (later called the Port Border Patrol);

b) The owner or ship manager, the driver of the vessel, the operator of the vessel, the captain or the authorized person (later known as the procedure as the procedure); organizations, Vietnamese individuals, and foreign persons are involved in the execution of the electronic border procedure. the seaport;

c) Train, Vietnamese boat entry, appearance; ship, boat, foreign boat entry, transit, transit, transit (including probes, mining, oil services operating offshore; foreign ships being issued by the Ministry of Transport) Domestic transport permits; ships, boats owned by Vietnam carrying foreign national flags);

d) Ships, foreign boats powered by nuclear power or ship, ship transport ships; ships, foreign boats to the port that carried out the activities of scientific research, fishery, rescue, salvage of the sinking property, cross-breeding support in the area. seaport, culture, sports, construction, exploration, exploration, resource exploitation and other activities on the environment in Vietnamese waters after a permit or text approved by the authorities of Vietnam for the United States, the country ' s jurisdiction. Ship, ship to port.

2. This decision does not apply to foreign military vessels to the Socialist Republic of Vietnam; ships, boats of the agency, organization, foreign individuals enjoy preferable rights, exempts under the provisions of Vietnamese law; Vietnamese fishing boats; ships, ships, and ships. The Vietnamese ships operate inland; ships, boats, for emergency reasons, enter the storm or crash.

What? 3. Explain words

In this Decision, the words below are understood as follows:

1. The port of the seaport electronic border (later abbreviated as the electronic border procedure) is the border defense procedures, in which the officer ensigns and the Port Authority of the Port reception receives, processing, exchanging information and confirming the completion of the border procedure. Room for ships, boats, boats, entry passengers, transit, transit, transit ports through the port of the port of the port of the harbour.

Transit procedures apply only to foreign ships.

The procedure is generally available for both Vietnamese ships and foreign ships.

2. The Port of the Port Authority (later abbreviated as the Portal Information Portal) is an access point on the network environment, integration of information, services, and applications, catering to the execution of the electronic border procedure through which the user is used. can exploit, use and personalize the display of information.

3. The port-port border electronic data processing system is the software and database equipment equipment system, which is unified, used to carry out the electronic border procedure.

4. The electronic affidavit is a form of the affidavit in the form of an electronic one that the person who does the procedure to declare when the electronic border procedure is performed.

5. The port of seaport electronic border (later abbreviated as e-file) is the collection of electronic declares that the officer has to declare upon the execution of the electronic border procedure, including: General affidavit; List of crew; List of passengers. (if any); The affidavit of dangerous goods, weapons, explosive materials (if any); the affidavit of the fugitive on board (if any).

6. Opening the electronic border procedure is the fact that the operator uses the internet to carry out electronic records and send electronic records to the Port Border Patrol through the portal.

7. Confirmate completion of the electronic border procedure is the Port Border Patrol using the internet and internal networks to take on, check, process information, send the results of the results of the completion of the border to the ship, the boat, the entry boat. The scene, the scene, the transit, the port for the keeper through the portal.

8. Paper filing is a collection of types of papers that the perpetrators must submit and be published by regulation at Article 8 Digital Protocol. 50 /2008/NĐ-CP April 21, 2008 Government of the Government of Management, Security Protection, Order at the Port of the Sea.

9. The refusal to carry out the electronic border procedure is the Port Border Patrol, which sends notifications to the procedure as the procedure of transferring the procedure to the port of information through the portal to the test form, carrying out the direct border procedure. At the ship, boat.

10. The ship, the ship ' s port boat, the boat carrying foreign national flags (including the ship, the Vietnamese-owned boat carrying foreign flag flags) has been doing entry procedures at a Vietnamese seaport then moves to another sea port in the country. Water.

What? 4. Principles of electronic border procedure

It must ensure equality, safety, public, transparency, rapid, convenient, and adhering to the regulations of Vietnamese law on electronic transactions and entry-entry and in accordance with the relevant international treaties that Vietnam is a member.

What? 5. Confirification of completion and refusal to execute the port of sea port electronics

1. The Port Border Patrol confirmed the completion of the border procedure on the basis of the procedure for the procedure of the procedure ' s electronic border.

2. The Port Border Patrol refused to take the electronic border procedure for reasons:

a) Defense, security;

b) The special reasons that affect economics-society or for reasons of ensuring maritime safety, prevention of environmental pollution;

c) Ship, boat has a clear sign of violation of the law;

d) The operator of the electronic border procedure was incomplete, not accurate.

What? 6. Content execute the electronic border procedure

1. Electronic border procedure is performed 24/24 hours daily. When the portal is connected to the National Gate Information Portal, the person who does the procedure to declare electronic records and sends electronic records to the Port Border Border Patrol, receives confirmation of the completion of the port of the port of the harbour. The portal to a national door according to the regulations on electronic procedures for ships, boats entering the seaport, offshore oil port, through the One National Door.

The case of a national door information portal (equipment, software, database, connection link to the damaged port border electronic data processing system, is faulty), the procedure for the procedure of the port of the port, the port of the port of the sea. Portal.

2. The format of electronic declares provided by the Ministry of Defense. The content of the electronic declaration must be unified with the declaration of the declaration by Vietnamese law on the management of seaport and maritime flows and the corresponding declarins posted on the Gate of a National Door.

3. Train, entry boat, transit, transit port comes after the completion of the electronic border procedure and the procedure of other specialized state management agencies at sea port:

a) is allowed to perform operational service operations, unloading goods and other activities according to the program, plans; and

b) The ship was allowed to sail immediately after the ship, berthed safely at the harbour. The shoreline of the boat performs at the stipulation at the Point 1 Article 44 Immigration Law, appearance, transit, residence of foreigners in Vietnam June 16, 2014 and Article 18 of the Census of Numbers. 50 /2008/NĐ-CP April 21, 2008 Government of the Government of Management, Security Protection, Order at the Port of the Sea.

4. After the completion of the electronic border procedure, ship, arrival boat, port transfer

a) Continue to be carried out operational service operations, unloading cargo and other activities according to the program, plan until departing the port;

b) The case with a change in the boat or violation of the provisions of the Vietnamese law must process the procedure. The ship, which was only allowed to leave port when all matters involving the ship, the boat, the passenger, the cargo was processed, settled.

5. After the completion of the electronic border procedure, the procedure is required to submit and publish papers in accordance with the specified deadlines at Point A 2 Article 7 This Decision is as follows:

a) For the ship, the entry boat:

-Papers must submit (01 main): General manifest; List of crew; List of passengers (if available); Hazardous goods, weapons, explosive materials (if any); the affidavit of the fugitive on board (if any).

-Papers must be presented (main version): The boat book, passport passport or license is valid for the crew's passport; the passport of the passenger (if any).

b) For the ship, the boat appears:

-Papers must submit (01 main): General manifest; List of crew (if there is a change in comparison to entry); List of passengers (if there is a change compared to when entry); hazardous goods, weapons, explosive materials (if there is a change compared to when enter the scene).

-Papers must be presented (main version): The boat book, passport passport or license is valid for the crew's passport; the passport of the passenger (if any).

c) For the ship, the transit boat: At the port entry point entry at the point of this paragraph, at the port entry point of execution is specified at this point b Point.

d) After the Portal the Information Portal applied the electronic signature, the officer who used the electronic signature did not have to submit to the Port Border Border Patrol: General manifest, List of crew, List of passengers, hazardous goods, weapons, materials, etc. Detonation; The affidavit of the fugitive on the ship.

For the types of papers which must be presented (the fleet, passport or ship passport are valid for the passport's passport; the passport of the passenger), the person who performs the procedure as stipulated at Point 2 Article 7 This Decision.

6. The case of the procedure as the procedure to detect or update the information required additional declaration, the information must declare in accordance with the regulation but arise after the time has received confirmation of the completion of the electronic border procedure, the keeper is confirmed. Correction, the addition of the declaration content in the electronic records under the specified deadline at Point 2 Article 7 This Decision but must be approved by the Port Border Patrol.

7. The case is not possible to perform an electronic border procedure procedure operated by the port-based port border electronic data processing system (equipment, software, database, connection route at the broken port border electronic data processing system):

a) The port door border must inform the person who procedures in writing, telephone, or email to make border procedures for ships, boats arrive, departing the port under regulation at Article 7, Article 8, Article 9, Article 10, Article 11 Decree No. 1 50 /2008/NĐ-CP April 21, 2008 Government of the Government of Management, Security Protection, Order at the Port of the Sea.

b) The operator of the declaration, submitted the declaration; the port side of the port gate confirmed the completion of the border procedure under the specified deadline at Point 2 Article 7 This Decision.

For ships, the entry boat, transit to port, port to port, the officer is repaired, compleming the prescribed paper records as for the electronic records.

c) After the Port Border Patrol confirmed the completion of the border procedure, the operation of the ship, the boat, the crew executed by regulation at Clause 3 Clause 4 This.

d) The port door margin refused to perform the border procedure at the port of the Port Border Patrol or at the Maritime Port headquarters (or the Maritime Port representative office), which moved to perform the procedure directly at the ship for reasons: Defense, security and security. The reasons specifically affect the economy-society or for reasons of ensuring maritime safety, environmental pollution prevention; ships, boats with clear signs of violation of the law; the chief of the procedure to declare incomplete, uncorrect paperwork.

What? 7. Location, duration of execution of electronic border procedure

1. Location

a) The person who does the procedure to declare and receive confirmation of the completion of the electronic border procedure at any place that can access the internet;

b) The port border window performs electronic border procedure at the Port Border Patrol headquarters; reception of paper records at the Port Border Patrol headquarters or at the Maritime Port Headquarters (or Maritime Port representative office).

2. Deadline

a) The declaration deadline and the completion of the completion of the electronic border procedure; submit and publish paper records:

-At least 4 (four) hours before the ship, the boat was expected to arrive at the port and 02 (two) hours before the ship, the boat expected to leave the port, the officer who had to declare the electronic border procedure. The timing of the electronic border procedure was determined from the time the Port Border Patrol received full electronic records through the Portal.

At least 1 (one) hours since the receipt of full electronic records, the Port Border Patrol must confirm the completion of the electronic border procedure. The timing of the completion of the electronic border procedure is the moment the procedure for the recipient of the procedure is confirmed to complete the electronic border procedure through the Portal.

-For ships, boat entry; ships, transit boats to port, 10 (ten) hours after the ship, the ship moored safely at the harbour, the officer who had to submit and export prescribed paperwork to the Port Border Patrol.

For ships, boats; ships, transit boats left the harbour, the slog immediately before the ship, the ship left the harbour, the keeper of the procedure required to submit and publish the prescribed paperwork for the Port Border Patrol.

-For the ship, the time boat docked at the port under 24 (two four) hours, no changes to the boat, passengers (if any), the officer was allowed to declare the export procedure to the vessel, the boat immediately after the declaration of entry; file, lake appearance. The procedure of the entry procedure and the appearance of the procedure for the Port Border Patrol.

b) The deadline for sending and confirming the completion of the electronic border procedure for the repair electronic record, added:

-At least 2 (two) hours after arriving at the port since the time of the safety anchorage at the port, for ships, entry boats, transit, port, and port crew must be sent to the port side of the port. At least 30 (thirty) minutes since receiving full repair, supplemation, the Port Border Patrol must confirm the completion of the electronic border procedure for the repair, supplemated electronic records.

-At least 01 (a) now before leaving port for ships, the arrival boat, transit, port, the keeper must send a repair electronic record, compleming the port side of the port. Immediately before the ship, the ship left port, the Port Border Patrol had to confirm the completion of the electronic border procedure for the repair, supplemated electronic records.

c) The deadline for the implementation of the border procedure in the case of the port port border electronic data processing system with the incident:

-At least 2 (two) hours before the ship, the ship is expected to arrive, departing the harbour, the operator of the declaration, submitting the provisions of the provisions at Point a and Point 5 Article 6 This Decision to the Port Border Patrol.

At least 1 (a) now since the full reception of the papers, the Port Border Patrol must confirm the completion of the border procedure.

-At least 10 (ten) hours after the ship, the boat moored safely at the port, at least 02 (two) hours before the ship was expected to leave the procedure as the procedure for the prescribed paperwork at Point a and Point 5 Article 6 This Decision gives. Port border.

What? 8. The responsibility of the ministries, the industry; the People ' s Committee of the provinces, the city; the units, the organization, the individual involved in the electronic border procedure.

1. Defense Department Responsibility

a) presided over, in coordination with the ministries, the industry; the People 's Committee of the Provinces, the Central City of the Central Committee; in coordination with the Board of Implementing The Mechanism Of A Government' s National Door in the implementation of the electronic border procedure and capital integration. It ' s the port border with the one-door system.

b) The manual text implementation of the electronic border procedure procedure, the patterns in the port of the port of the port of the harbour and the relevant auxiliary forms in accordance with the Convention for the Favorable Agreement in International Maritime transport (Fal 65 Convention); correction, add in electronic border records declaration; test work, monitoring, licensing of licenses to people, vehicles, operations in the port area of the port; security of information; breach of breach and settlement of complaint, denounce; document level access to the procedure as the procedure to access the electronic border procedure portal; instructions to carry out the problems arise, in the process. finish connecting with the portal to a national door.

c) Proposal, enacted mechanisms, policies, routes, funds, infrastructure infrastructure to deploy electronic border procedures on the national seaport system administered by the Ministry of Defense.

d) The organization propagated, supporting businesses, organizations, individuals involved in the implementation of electronic border procedure; in coordination with ministries, the relevant sector, the handling of the entanging;

Presided over, in coordination with the ministries, the industry; the People's Committee of the Provinces, the Central City-affiliated city of the Organization to implement the Decision.

e) Ensure the funding and necessary conditions of the facilities, the equipment for the deployment of the electronic border procedure procedure;

g) preliminary, sump, assessment, report of the Prime Minister results in the execution of the electronic border procedure.

He directed the Border Patrol.

-Construction, project implementation of the electronic border procedure for the Port Border Border; construction of the upgrade route, the completion of the port of the port border electronic data processing system, applying the signature signature, removing the types of papers filed in the port. is the electronic border procedure procedure; training, training, deployment of cadres with sufficient qualifications, capacity, experience response requirements for electronic border procedure;

-appraisals, test permits, individual participants perform electronic border procedure; provide access to the Portal information; installation instructions, declare information to the operators who participate in the execution of the electronic border procedure;

-Provide, sharing information related to ships, boats, boats, passengers for specialized state management agencies at the seaport;

-Host, in collaboration with specialized state management agencies at the seaport, local authorities in propaganda work, carrying out the electronic border procedure;

-Procitor-by-law enforcement of the laws of violation of organizations, individuals in the execution of the electronic border.

2. The responsibility of the ministries, the relevant sector

a) Ministry of Finance

Within the scope of the mission, the authority is responsible for directing, guiding the specialized state management agencies in coordination with the Border Defence Department in the implementation of the electronic border procedure; presiding, in coordination with the Ministry of Defense instructs businesses. The organization, the organization, the individual involved in electronic procedure (including the port of the port of the harbour) to the ship, the boat arrived, leaving the seaport, the offshore oil port through the One-door Facility.

b) Ministry of Information and Communications, Ministry of Transport, Ministry of Health, Ministry of Agriculture and Rural Development

Within the scope of the mission, the authority is responsible for directing, instructs the specialized state management agencies to coordinate with the Border Defence Department in the execution of the electronic border procedure.

3. The responsibility of the Provincial People ' s Committee, the Central City of China where the electronic border procedure is performed

Within the scope of the mission, the powers, the Provincial People ' s Committee, the Central City of Central City are responsible for directing, guiding departments, boards, local functions where the implementation of the coordinated electronic border procedure, facilitals facilitals. The port door continues to carry out the local electronic border procedure.

4. The organization ' s responsibility, personally engaged in the implementation of the electronic border procedure; the handling of the breach and settlement of the complaint, denouncing in the electronic border procedure procedure.

a) Organization, personal, cadet, soldier-in-law, the Border Defence Force, execution of the electronic border procedure must comply with regulations at this Decision and other regulations of Vietnamese law on entry; management, security protection at the port of the port. the sea; the management of the seaport and the navigation of the sea; the electronic trading. All violations will be processed under the rule of law;

b) The complaint, denouncing and addressing the complaint, denouncing in the execution of the electronic border procedure, is carried out in accordance with the law of the complaint of the complaint, denouncing.

What? 9. Terms of execution

1. This decision has been in effect since April 18, 2016.

2. Repeal Decision No. 22 /2011/QĐ-TTg April 15, 2011 Prime Minister of the Government of the Government of the Government of the Government of the Port of the Sea.

What? 10.

Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, the Central Committee of the Central Committee are responsible for the implementation of this decision.

Prime Minister

(signed)

Dao Dung