Decree 104/2012/nd-Cp: Rules For Foreign Military Vessels To The Socialist Republic Of Vietnam

Original Language Title: Nghị định 104/2012/NĐ-CP: Quy định đối với tàu quân sự nước ngoài đến nước Cộng hòa xã hội chủ nghĩa Việt Nam

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Pursuant to the law on organization of the Government of 25 December 2001;

The Vietnam maritime law base on June 14, 2005;

Pursuant to the law of the sea on 21 June 2012, Vietnam;

Pursuant to the law of national security on 3 December 2004;

Pursuant to the law on the State border of 17 June 2003;

Customs Act base on June 29, 2001 and the law on amendments and supplements to some articles of the customs law on June 14, 2005;

Pursuant to the Immigration Ordinance, immigration, residence of foreigners in Vietnam on April 28, 2000;

Based Management Ordinance, the use of weapons, explosives and supportive tools on June 30, 2011;

According to the recommendation of the Minister of national defence;

The Government issued the Decree prescribed for foreign military vessels to the Socialist Republic of Vietnam, chapter I GENERAL PROVISIONS article 1. Scope of this Decree regulates the activity of foreign military vessels to the Socialist Republic of Vietnam (hereinafter referred to as foreign military vessels to Vietnam); the licensing procedure; procedures for entry, exit, switch port; check out, for monitoring the activities related to foreign military ships to Vietnam.

Article 2. Application object 1. This Decree shall apply to foreign military ships to Vietnam and members on board, the agency that manages the State of Vietnam, the Organization, the individual is related to the activities of foreign military vessels to Vietnam.

2. The provisions of this Decree are also applicable to the public service boats was armed warfare of a country, territory; ships of an international military organization to Vietnam made the visit, repairs, perform other activities.

3. where the international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this Decree shall apply to the provisions of international treaties.

Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. foreign military Vessels are boats belonging to the armed forces of a State bearing the external markers and expressing clearly the nationality of that country, due to a serving naval officer in command of that country This command has a name in the list of officers or in a document equivalent soy; is operated by the crew works under the command of military discipline.

2. foreign military Vessels to Vietnam's foreign military vessels to the territorial sea, internal waters and ports of the country the Socialist Republic of Vietnam make the repair, visit and perform other activities.

3. foreign military Ship to visit Vietnam as foreign military ships carrying the head of State to visit Vietnam at the invitation of the Government of the Socialist Republic of Vietnam, in order to strengthen the friendship relations between the two States.

4. foreign military Ship visiting Vietnam etiquette is the foreign military ship visiting Vietnam with the aim of strengthening the relations of friendship between the people and the military forces of the two countries.

5. foreign military Ship visiting Vietnam is usually the foreign military ship visiting Vietnam to coordinate training, rehearsal; provides technical materials, military equipment; fuel, food or food for crew rest.

6. foreign military Vessels to Vietnam to repair is the foreign military vessels to repair in the Vietnam seaports under contract with the enterprise functions of ship repair of Vietnam.

7. foreign military Vessels to Vietnam made the other activities is foreign military vessels to Vietnam performed humanitarian activities; Search, rescue, rescue; measurements, survey and research; remains searches, patrols, against pirates and some other specialized activities under an agreement between Vietnam, with countries there.

8. public service vessels are specialized vessels to perform the duty of the State is not for commercial purposes.

9. Warfare include: a) firearms small weapons class is designed for personal use include handguns, rifles, submachine guns, guns and other weapon related features, the same effect;

b) light weapons including a gun Dalian, mortars below 100 (one hundred) mi-li-meter (mm), ĐKZ guns, anti-aircraft machine gun under 23 (twenty three) mi-li-meter (mm), grenade launchers, anti-tank missiles, rocket, personal defense, the other light weapons have similar effects, features;

c) types of bombs, mines, grenades, ammunition, torpedoes, mines, fire tools;

d) weapons do not belong to the category of weapons issued by the Government but has features, the same effect as warfare.

10. Operation of foreign military vessels in the port is, in, stay, move from position to position this mooring anchor and perform the activities according to the program agreed on during the visit, repairs at the port where the ship docked.

11. members on board foreign military is head of the delegation (if available), the captain, crew and other people come on board.

12. The seaport is the area comprising the port and the port waters, are infrastructure construction and installation of the equipment for the ship out, into operation for unloading the cargo, the catch charged passengers and make other services.

Port land is land which is limited to build the jetty, warehouse, factory, Office, parking, facilities services, transportation, communications, electricity, water and other ancillary works and installation of the equipment.

The waters of the port's waters is limited to setting the waters before the ship returned to port, bridge, anchoring zone, zone transfer, to avoid the storm, the region welcomes charged, the quarantine; the region to build the flow ports and other ancillary works.

The port has one or more ports. The harbor has one or more of the Harbour Bridge. The harbor includes piers, storehouses, yards, factories, Head Office, facility services, transportation, communications, electricity, water, flow into the harbor and other ancillary buildings, the Harbour Bridge is a fixed structure in the Harbour, are used for mooring ships, unloaded the cargo, the catch, charged passengers and perform other services.

13. military Port is the port due to the Defense Department to manage and operate according to the regulations of the military port.

14. The State Management Agency specialized in ports including the port gate border; Port gate customs; Maritime ports; International health quarantine; Animal quarantine, plant the port gate.

15. Who do the procedure as the captain/crew Chief or authorized person.

16. Take the weapons about regulation is not posture putting weapons on the State not to use combat right was (key and range weapons, not power supply for weapons systems, no bullets on the pedestal or on tape, wire).

17. conservation status in weapons are weapons in a State that can be used, but no bullets on the pedestal or on tape, wire magazine, to perform maintenance.

Article 4. General principles for foreign military vessels to Vietnam 1. Foreign military vessels to Vietnam must obtain permission of the authorities of the State of Vietnam under the provisions of this Decree.

2. foreign military Vessels to Vietnam should respect, in compliance with the provisions of the law of Vietnam, the provisions of this Decree, unless other agreement between a ship and the national State management bodies of Vietnam through the diplomatic way prior to ship to Vietnam.

3. The program activity of the Board and its members on board must follow agreed plan, change case, arising must be allowed by the State Management Agency of Vietnam.

4. When a foreign military ship to Vietnam to enter the harbor waters: a) the submarine submarine ride vehicles and the other must operate in floating on the water status and have to hang the flag of nationality, except in cases allowed by the Government of Vietnam or the agreement between the Government of Vietnam and the Government of the country in which the boat that carries the flag;

b) outside of the hull, must specify the model number, name of the ship;

c) bring the weapons about regulation not posture or in conservation status;

d) stop at the pickup charged to make Navigator the procedure entry and follow the instructions of the port service, Vietnam;

DD) used only the equipment necessary for ensuring the safety of navigation and communication frequency register;

e) to the right ports according to the routes and corridors.

5. foreign military Vessels to the territorial Vietnam to hang the national flag of the Republic of Vietnam in the Socialist position on par with the national flag of the country there are military ships. The case of a foreign military vessel wanted to hang a flag, the flag of mourning, pulled the whistle in the ceremonial occasion of his country, the captain/crew Chief and port service or authority in a military port, the port where the ship docked.

6. foreign military Vessels to Vietnam would like to move from this port to another port of Vietnam (switch port) to specify in the proposal and Declaration (form 1 or Form 2) and the Department of Defense approved in writing.

Article 5. The activities of foreign military ships were not conducted when Vietnam 1. The conduct of these activities violate the independence, sovereignty and territorial integrity of the Republic of Vietnam Socialist.

2. Conducting intelligence-gathering operations and other acts prejudicial to national security and social order and safety of the Socialist Republic of Vietnam.

3. Transport of weapons of mass murder, radioactive substances, chemical toxins, poisons, narcotics.

4. Advocacy, distribute documents, books, movies, cultural products that have yet to be allowed by the competent authorities of Vietnam.

5. the Organization voluntarily funded activities, humanitarian assistance that has not been authorized agencies of Vietnam approved.

6. Put people, goods and vehicles down or left the ship left with provisions of the law of Vietnam about the entry, exit, export and import except rescue people in distress but then must immediately notify the State agency specialized in Vietnam sea port authorities.


7. Launch, reception or folded on board any aircraft or military that has not allowed the Agency to manage the State of Vietnam.

8. unauthorized conduct research activities, measurements, fishery, trade or jamming communications systems, radar picket, hampering transport.

9. environmental polluters, damaging the equipment, works on the sea and in ports.

10. Use divers or other underground diving equipment under water when not yet competent agency of Vietnam.

11. automatic move counter on the other side, go into the restricted area.

12. Filming, photographing, drawing the scene map in banned areas.

13. Disorderly public, obstructing or resisting the execution of the tasks of the authorities in Vietnam.

14. Conduct training exercises, maneuvers, and performances with the weapons, vehicles, military that has not allowed the Agency to manage the State of Vietnam.

15. There are other activities that the law of Vietnam.

Article 6. Licensing, inspection, surveillance for the Organization, the individual is related to the activities of foreign military vessels to Vietnam 1. All organizations, individuals, media of Vietnam, foreign countries (except for officers, staff, the media of the State Management Agency specialized in military ports, seaports are performing tasks) out, operate in the area of foreign military vessels docked; foreign military ships down to work, the accomplish other activities, foreign military ship in time to ship moored in the port, a military port, internal waters, territorial sea must have a permit by the competent authority.

2. organizations and individuals, means prescribed in paragraph 1 of this article: a) are licensed Only when performing the activities located in the official program activities of foreign military vessels or be head of delegation/foreign military ship captain suggested, approve in writing;

b) must comply with the checking, monitoring of the State Management Agency specialized in military ports, seaports and forces related functions.

Article 7. Principles, the Authority dealt with violations of foreign military vessels to Vietnam 1. Foreign military vessels to Vietnam in violation of the provisions of this Decree and the other provisions of the law of Vietnam are settled on the basis of foreign law or international treaties to which Vietnam Vietnam is a member.

2. Captain/Chief foreign military convoy to Vietnam is responsible for the consequences due to violations of the laws of the Member on the ship caused during operations in Vietnam.

3. members of foreign military vessels to Vietnam has Vietnam law violations dealt with under the provisions of the law of Vietnam (except the people that enjoy the privileges and immunities of diplomats).

4. Authority to handle violation made in accordance with the law of Vietnam.

Article 8. The principle of handling maritime collisions involving foreign military ship handling maritime collisions is related to foreign military ships to Vietnam performed as prescribed in The Vietnam maritime law and be settled diplomatically.

Article 9. Reported foreign military vessels to ports and maritime navigation use Vietnam 1. Slowly for 24 (twenty four) hours before foreign military ships expected to Vietnam seaports, the procedure must be submitted to the maritime Port where the ship to ship notification to the port (model 12).

2. When entering, leaving or moving within port waters of Vietnam seaports, foreign military vessels to use the Vietnam marine Navigator leads the train and pay the United goal under the provisions of the law of Vietnam.

Chapter II FOREIGN MILITARY VESSELS to CONDUCT the VISIT to category 1 LICENSING PROCEDURE; PROCEDURES for ENTRY, exit, MOVE to PORT article 10. The licensing procedure 1. The licensing procedure for foreign military vessels to Vietnam made official a) issued permits:-the Foreign Ministry permission for foreign military vessels to make official visit to Vietnam. License denial cases must clearly state the reason.

The agreement, for the time, content, program of activities related to the visit made by Foreign Affairs;

-Before the license, the Foreign Ministry took the opinion of the Ministry of defence, the Ministry of public security, the Ministry of transportation, the ministries concerned, the provincial people's Committee, the central cities (hereafter abbreviated to provincial people's Committee) where the train arrives. The case of the opinions of the ministries, the provincial people's Committee has not yet unified, the Foreign Ministry reported the Prime Minister to decide.

b) duration of license:-within a period of 30 (thirty) days before the expected military ships in Vietnam, countries had territorial heads to visit Vietnam to send the recommendations to be made by military vessels visit accompanied by declarations (form 2) to the Ministry of Foreign Affairs;

-Within a period of 20 (twenty) days from receipt of the Declaration, the Foreign Ministry sent the replies of countries have military vessels to visit;

-Within a period of 5 (five) working days from the date of receiving the written opinions about licensing for foreign military vessels to Vietnam made an official visit, the ministries concerned, the provincial people's Committee has the right to place the text reply;

-Within a period of 3 (three) working days from the date of license or refuse to grant permission, the Foreign Ministry announced in writing to the ministries concerned, the provincial people's Committee, where the ship arrived on the license or refuse to grant permission to foreign military ships to make official visit to Vietnam.

c) modification, supplement the license content then the Foreign Ministry sent The Exchange, consistent with national military ship visiting.

2. licensing procedure for foreign military vessels to Vietnam make social visits, regular visits to a) issued permits:-the Department of Defense to license foreign military vessels to Vietnam make social visits, visits often. License denial cases must clearly state the reason;

-Before licensing, the Defense Department took the opinion of the Foreign Ministry, the Ministry of public security, the Ministry of transportation, the ministries concerned, the provincial people's Committee, where the ship to visit. The case of the opinions of the ministries, the people's Committee of the unity yet, go the Department of Defense reported the Prime Minister to decide.

b) duration of license:-within a period of 30 (thirty) days before the scheduled ship into Vietnam, national territorial military ships to visit must submit the proposal for allowing the ship to visit Vietnam in the same Declaration (model 1) to the Defense Ministry. In the case of countries with military ships visiting sent the recommended the same declaration to the Ministry of Foreign Affairs or diplomatic missions of Vietnam abroad, at the latest within 3 (three) days from the date of the Declaration, the Ministry of Foreign Affairs or diplomatic missions of Vietnam abroad transfer function Declaration to the Ministry of defence;

-Within a period of 20 (twenty) working days from receipt of the Declaration, the Defense Department has answered text nation has military ships to visit through diplomatic lines;

-Within a period of 5 (five) working days from the date of receiving the written opinions about licensing for foreign military vessels to Vietnam make social visits, regular visits, the ministries concerned, the provincial people's Committee has the right to place the text to answer the Defense Department;

-Within a period of 3 (three) working days from the date of license or refuse to grant permission, the Ministry of Defense has written notice for the ministries involved, the provincial people's Committee, where the ship arrived on the license or refuse permission for foreign military vessels to Vietnam made the social visit , regular visits;

c) modification, supplement the license content, the Defense Ministry sent a written Exchange, unity with countries with military ships to visit through diplomatic way.

Article 11. Entry procedures 1. The entry procedure for the Board, members on board foreign military is done directly at the ship, as soon as the ship reached the area, region, charged the Navigator and finish before the ship in position anchored, docked.

2. The composition of the Union delegation check procedures entry included: representing the port gate, border gate customs ports, Maritime Ports, the international health quarantine and animal quarantine, plant-gate ports (if the ship is made of animal quarantine, plant) due to border ports gate representative as head of the delegation.

3. The papers the procedures to submit when making immigration a) submitted to the harbour gate: border-01 (a) the original affidavit (Form 3);

-1 (one) original members list (form 4);

-1 (one) original affidavit of dangerous goods (if any-form 6);

-1 (one) original programs or action plans.

b) submitted to the Maritime Ports: 1 (one) original affidavit (Form 3);

-1 (one) original members list (form 4);

-1 (one) original affidavit of dangerous goods (if any-form 6).

c) submitted to the Customs port: gate-01 (a) the original affidavit (Form 3);

-1 (one) original members list (form 4);

-1 (one) original affidavit of reserves (form 7);

-1 (one) original affidavit of baggage members (form 8);

-1 (one) original goods declaration (if any-form 5);

-1 (one) original affidavit of dangerous goods (if any-form 6).

d) filed with the Agency in international health quarantine:-1 (one) original Paper maritime medical report (form 9).

DD) Filed to quarantine the port gate:-1 (one) original affidavit quarantine (if available-10 Samples).

e) submitted to the animal quarantine authorities Harbour gate:-1 (one) original affidavit of animal quarantine (if any-form 11).

4. The papers of people who do need to present upon entry: presented to the port gate border in one of the following papers: a) passport or travel documents passport replacement value of membership on the Board;


b) or military identification card, military personnel of the members on the Board.

Article 12. Exit procedure 1. Exit procedures for foreign military ships, on board members is done directly at the ship, to be finished at the latest is just before the ship left port.

2. group composition test Nations exit procedures include: representing the port gate border gate customs, port, Maritime Ports due to border ports gate representative as head of the delegation.

3. The papers the procedures to file upon exit a) submitted to the harbour gate: border-01 (a) the original affidavit (Form 3);

-1 (one) original members list (if there is a change compared to when the entry-model 4);

-1 (one) original A dangerous goods declaration (if the change compared with the entry Model at-6).

-Papers due to border ports gate level for members on board in time to ship moored in the port (if available): cards go ashore, licenses, visas left a valuable license to travel.

b) submitted to the Maritime Ports: 1 (one) original affidavit (Form 3);

-1 (one) original members list (if there is a change compared to when the entry-model 4);

-1 (one) original A dangerous goods declaration (if the change compared with the entry Model at-6).

c) submitted to the Customs port: gate-01 (a) the original affidavit (Form 3);

-1 (one) original members list (if there is a change compared to when the entry-model 4);

-1 (one) original affidavit of reserves (if any change compared with the entry Model at-7);

-1 (one) original affidavit of baggage members (if there are changes compared to at the entry-form 8);

-1 (one) original statements about the goods (if there are changes compared with the entry Model at-5);

-1 (one) original A dangerous goods declaration (if the change compared with the entry Model at-6).

4. Papers who do the procedure must present exit procedure presented to the port gate border in one of the following papers: a) passport or travel documents passport replacement value of membership on the Board;

b) or military identification card, military personnel of the members on the Board.

Article 13. Transfer to port 1. Transfer port for foreign military ships are made directly at the ship.

2. Transfer to port for ships to go to other ports to be finished at the latest is just before the ship left port. Transfer port for ships coming from a port was done shortly after the ship to region, charged the Navigator and finish before the ship docked.

3. test Nations Group component transfer ports include: representing the port gate border gate customs, port, Maritime Ports due to border ports gate representative as head of the delegation.

4. Papers who do the procedure are filed at the port goes a) submitted to the port gate: border-01 (a) the original affidavit (Form 3);

-1 (one) original members list (form 4);

-7 (a) program or action plan;

-Papers due to border ports gate level for members on board in time moored in the port (if available): cards go ashore, license.

b) papers must be submitted to the Maritime Ports: 1 (one) original affidavit (Form 3);

-1 (one) original members list (form 4).

c) papers are submitted to the Customs port: gate-01 (a) the original affidavit (Form 3);

-1 (one) original members list (form 4);

-1 (one) original affidavit of reserves (form 7);

-1 (one) original affidavit of baggage members (form 8);

-1 (one) original statements about the goods (if any-form 5).

5. Papers who do the procedure are filed at the port to a) submitted to the border gate of the port: the port's ship profile gate border ports.

b) submitted to the Customs port: gate ship port profiles of customs of the port gate.

c) submitted to the Maritime Ports: departing license-maritime Port's Harbor;

-1 (one) original affidavit (Form 3);

-1 (one) original members list (form 4);

-1 (one) original affidavit of dangerous goods (if any-form 6).

Item 2 ACTIVITIES of FOREIGN MILITARY VESSELS to VIETNAM MADE the SWITCH and GO ASHORE on BOARD MEMBERS of article 14. Operations at the port, the port of military foreign military vessels to Vietnam made the visit 1. Foreign military vessels to Vietnam made the visit just was moored, active in the military seaport was permitted; must comply with the instructions of the State Management Agency specialized in ports.

2. military Vessels of the same country are to implement the January visit to Vietnam (a) fold in 1 (one) year, but did not stay parked too 03 (three) ship at the same port at the same time, the time of stay parked not more than 7 (seven) days, unless the Government of the Socialist Republic of Vietnam.

Article 15. Go to the banks for the members on the foreign military vessels to Vietnam made the visit 1. Members of foreign military vessels to Vietnam made the visit only allowed to leave the boat to shore after having completed immigration procedures to transfer the port to the right and back to the ship before the State administration at the port exit procedures implementation the procedure is the port, go to the ship. When going to the banks, members on board to guide the Executive and subject to inspection, monitoring of border crossings and the local police force where the ship docked. If carrying the goods, must comply with the provisions of the law of Vietnam customs, health, check out the room.

2. When going to the banks under the official program activity of the visit, the members on board to take the group, group; do not carry weapons, support tools; military personnel must wear uniform; people in the organization or in other professions, must wear uniform of specialized organizations.

3. When going ashore with personal purposes (excursion, examination and treatment, repatriation, escort service organization means...), the members on the Board can take the Union, groups or individuals; do not carry weapons, support tools; military personnel, who are not military personnel in organizations or specialized in casual wear is permitted.

4. members on the boat to shore within the central cities, where the ship docked: a) members on the boat to shore within the central cities, where the ship docked not Vietnam entry visa;

b) When members on board wishing to go ashore, the crew Chief/captain must have application for membership of the boat and shore was the port gate border where the ship docked, go card. Time to go ashore from 00-24h00 daily;

c) cases on board members wishing to spend the night on shore, head of the delegation, the captain must have application and be approved by the port gate border, licensing;

d) procedure for granting the license, bank card spend the night on the shore made pursuant to the Department of Defense;

Go card fees), licensing fees are made according to the regulations of the Ministry of finance.

5. members on board to go beyond the central cities, where the ship docked: a) members on board needs to go outside the scope of the central cities, where the ship docked to the entry visa, exit Vietnam (except those cases carry passports or valuable papers instead of the passport in an entry visa exemption exit, Vietnam) and comply with the provisions of the law about Vietnam's entry, exit;

b) case goes by the official program activity of the visit, the members on board are exempt from visa fees (for those cases not visa-free entry, exit Vietnam);

c) cases come with personal purposes (excursion, examination and treatment, repatriation, escort service organization means...), membership on the Board of visa fees (for those cases not visa-free entry, exit Vietnam) according to the regulations of the Ministry of finance.

Category 3 LICENSE; CHECK, MONITORING; ENSURING the SECURITY, SAFETY and OPERATIONS RELATED to FOREIGN MILITARY VESSELS where SHIP MOORED article 16. Licensed for personal, organization, Vietnam, foreign media to perform the activities related to foreign military ships 1. Port gate border where foreign military ships anchored for the Organization, Vietnam, foreign individuals stipulated in article 6 of this Decree.

2. Maritime Ports where foreign military ships anchored for the media hits the side of foreign military provisions in article 6 of this Decree.

3. The procedure of licensing for organizations, individuals, Vietnam, foreign media to perform the activities related to foreign military vessels follow regulations of the Ministry of defence, the Ministry of transportation.

Article 17. Check, monitoring; to ensure security, safety for foreign military vessels to Vietnam 1. Port gate border forces, in coordination with the forces the function to ensure security, safety for foreign military vessels to Vietnam; inspection, monitoring the activities of foreign military ships, members on the boat to shore, the people, the media, operating in the area of foreign military ships docked, the ship down, media hits the side of foreign military.

2. When making checks, monitoring, border the harbour gate is applied the measures following profession: a) direct monitoring of foreign military vessels to Vietnam made the visit from when the ship moored at the pickup, charged until ship Navigator docked;

b) test papers for members on; the ship went ashore; the alien ship down, Vietnam, left the ship; the media hits the side;

c) monitor the area, the waters of the port, direct supervision at the port gate, the checkpoint where foreign military ship docked;

d) monitoring by technical means;

DD) patrol, controlled maneuver;

e) other professional measures prescribed by the law.

Item 4


ETIQUETTE RECEPTION FRONT DESK OPERATIONS and Article 18. The Rite ritual welcome reception and front desk activities for foreign military vessels to Vietnam made the visit to follow rules of reception of Vietnam.

Article 19. The Agency hosted reception 1. For foreign military vessels to Vietnam made an official visit, the Foreign Ministry, in coordination with the Defense Department, the ministries concerned, the provincial people's Committee, where the ship visit to perform rituals to welcome and reception activities.

2. for foreign military vessels to Vietnam make social visits, regular visits, the Ministry of defence, in coordination with the ministries concerned, the provincial people's Committee, where the ship visit to perform rituals to welcome and reception activities.

3. for foreign military vessels to Vietnam made the other activities in the region, territorial internal waters, Ministry, coordinating the ministries involved, the provincial people's Committee, where the ship to perform the rite of welcome and reception activities according to the program agreed , unity.

Chapter III FOREIGN MILITARY VESSELS to the PHILIPPINES to FIX category 1 LICENSING PROCEDURE; PROCEDURES for ENTRY, exit, MOVE article 20 PORTS. The licensing procedure 1. Before foreign military ships expected to Vietnam to repair business, Vietnam has the function of receiving, foreign military ship repair (hereinafter referred to as the ship repair business) must submit the records suggest that the Ministry of defence (General staff) to license foreign military vessels to Vietnam to repair.

2. proposed licensing records include: a) the text of the proposed ship repair business enables receiving foreign military vessels to Vietnam to repair;

b) 1 (a) the Declaration of foreign military vessels to the Socialist Republic of Vietnam to repair (form 2);

c) 1 (a) of the plan (or program) repair.

3. the licensing authority: a) the Ministry of defence (General staff) of receiving the recommended records licensed and license for foreign military vessels to Vietnam to repair. License denial cases must clearly state the reason;

b) before licensing, Ministry of Defense (chiefs) opinions of the Ministry of Foreign Affairs, the Ministry of public security, the Ministry of transport, Ministry of natural resources and the environment, the ministries concerned, the provincial people's Committee, where the ship to repair. The case of the opinions of the ministries, the provincial people's Committee has not yet unified, the Ministry of defence (General staff) reported the Prime Minister to decide.

4. Term of license: a) within a period of 30 (thirty) days from the date of the application a valid license proposal, Ministry of defence (General staff) have written replies on the ship repair business permission or deny permission for foreign military vessels to Vietnam to repair;

b) within a period of 5 (five) working days from the date of receiving the written opinions about licensing for foreign military vessels to Vietnam to repair, the relevant ministries, the provincial people's Committee has the right to place the text to answer the Defense Department (General staff);

c) within a period of 3 (three) working days from the date of license or refuse to grant permission, the Ministry of defence (General staff) have written to notify the relevant ministries, sectors, provincial people's Committee, where the ship to repair about licensing or refuse to grant permission to foreign military ships to Vietnam to repair.

5. in case of modification, supplement the license content, the Defense Ministry sent a written notice to the receiving ship repair business to foreign military ships to repair.

Article 21. Entry procedures 1. Location, time limit, perform the procedure for the entry of foreign military vessels to Vietnam to repair made in accordance with paragraph 1, paragraph 2 article 11 of this Decree.

2. The types of papers the procedures to submit when making immigration a) submitted to the harbour gate: border-01 (a) the original affidavit (Form 3);

-1 (one) original members list (form 4);

-1 (one) original affidavit of dangerous goods (if any-form 6);

-01 (a) a copy of the contract or agreement in principle.

b) submitted to the Maritime Ports: 1 (one) original affidavit (Form 3);

-1 (one) original members list (form 4);

-1 (one) original affidavit of dangerous goods (if any-form 6);

-01 (a) a copy of the contract or agreement in principle.

c) submitted to the Customs port: gate-01 (a) the original affidavit (Form 3);

-1 (one) original members list (form 4);

-1 (one) original affidavit of reserves (form 7);

-1 (one) original affidavit of baggage members (form 8);

-1 (one) original goods declaration (if any-form 5);

-1 (one) original affidavit of dangerous goods (if any-form 6);

-01 (a) a copy of the contract for repair or repair principles agreement.

d) filed with the Agency in international health quarantine:-1 (one) original Paper maritime medical report (form 9).

DD) Filed to quarantine the port gate:-1 (one) original affidavit quarantine (if available-10 Samples).

e) submitted to the animal quarantine authorities Harbour gate:-1 (one) original affidavit of animal quarantine (if any-form 11).

3. The papers of people who do need to present upon entry to present to the port gate border in one of the following papers: a) passport or travel documents passport replacement value of membership on the Board;

b) or military identification card, military personnel of the members on the Board.

Article 22. Exit procedure 1. The location, the duration, the exit procedures done for foreign military vessels to Vietnam to repair made in accordance with paragraph 1, paragraph 2 article 12 of this Decree.

2. The types of papers the procedures to file upon exit a) submitted to the harbour gate: border-01 (a) the original affidavit (Form 3);

-1 (one) original members list (if there is a change compared to when the entry-model 4);

-1 (one) original A dangerous goods declaration (if the change compared with the entry Model at-6);

-Papers due to border ports gate level for members on board in time moored in the port (if available): cards go ashore, licenses, visas left worth 01 (a) times, travel permits.

b) submitted to the Maritime Ports: 1 (one) original affidavit (Form 3);

-1 (one) original members list (if there is a change compared to when the entry-model 4);

-1 (one) original A dangerous goods declaration (if the change compared with the entry Model at-6).

c) submitted to the Customs port: gate-01 (a) the original affidavit (Form 3);

-1 (one) original members list (if there is a change compared to when the entry-model 4);

-1 (one) original statements about the goods (if there are changes compared with the entry Model at-5);

-1 (one) original affidavit of reserves (if any change compared with the entry Model at-9);

-1 (one) original affidavit of baggage members (if you have changed compared with the entry Model at-10);

-1 (one) original A dangerous goods declaration (if the change compared with the entry Model at-6).

3. The papers of people who do need to present upon exit.

Presented to the port gate border in one of the following papers: a) passport or travel documents passport replacement value of membership on the Board;

b) or military identification card, military personnel of the members on the Board.

Article 23. Procedure the procedure for port port to ship foreign military to Vietnam for repairs carried out under the provisions of article 13 of this Decree.

Item 2 ACTIVITIES of the Board, the MEMBERS on BOARD; LICENSE; CHECK, monitoring; ENSURING the SECURITY, safety, where FOREIGN MILITARY SHIP DOCKED 24 Articles. Activities of foreign military vessels to Vietnam to repair 1. After being licensed to Vietnam to repair, 48 hours before the vessel enters territorial Vietnam, foreign military ship captain must inform and liaise with the Maritime Ports where the ship came.

The case on board a change compared with the content of the declarations, the captain must notify the business of ship repair to Vietnam in coordination with the relevant authorities to resolve before the ship to repair.

2. foreign military Vessels to Vietnam to repair only be docked for repair at the ship repair facilities have been licensed. Military ship of the same country to Vietnam to repair in a time not exceeding 5 (five) in the same ship repair facility, unless the Government of the Socialist Republic of Vietnam.

3. In time to ship out, anchoring, ship repair, offshore, military members on board, the ship repair business to comply with the provisions of the law of Vietnam, port rules, subject to the guidance, surveillance, inspection of the State Management Agency specialized in ports.

4. When docked for repair, the use of other means to travel, maintenance of the media must be approved by the relevant authorities of the Ministry of defence and Maritime Ports.

5. The exchange activities, visit the ship and be approved by the Ministry of defence.

6. The case of the foreign military vessels to Vietnam to repair or ship repair business that needs to hire security services during mooring ship repair: a) ship repair business must submit a written Defense Ministry proposal to allow Vietnam business functions and business ship military security service (hereinafter referred to as the protection) are made of ship protection services, accompanied by 1 (one) copy (certificate available) business license of the enterprise hired protection, 1 (one) copy (with proof) and protection services contract 1 (a) a main list contains basic information about the officers, employees in the protection business protection duty ship;


b) at the latest within 7 (seven) working days of receipt of a valid application, the Department of Defense licensed for business protection was hired as ship security services through the ship repair business. The case refused to grant permission, the Defense Department has sent the text of ship repair business reason;

c) protection business is only conducted the work content and the scope of protection is the Department of Defense. Officers, staff in the protection business protection service must have the license due to the port gate border where foreign military ships docked, repair and subjected to testing, monitoring of border force at the gate of the port;

d) Department of Defense specifies the content and scope of protection of business protection for foreign military vessels to Vietnam to repair.

Article 25. Go to the banks of the members on the Board; licensing, inspection and monitoring; ensuring the security, safety, where foreign military vessels to Vietnam to fix anchor 1. The banks of the members of foreign military vessels to Vietnam seaports at repairs made under the provisions of article 15 of this Decree.

2. Grant of license; check, monitoring; to ensure security, safety for foreign military vessels to Vietnam to repair made under the provisions of article 16, article 17 of this Decree.

Chapter IV FOREIGN MILITARY VESSELS to CONDUCT OTHER ACTIVITIES in TERRITORIAL WATERS, INTERNAL WATERS and PORTS to article 26. The licensing procedure 1. The licensing procedure for foreign military vessels to Vietnam made the other activities in territorial waters, internal waters and ports of the country the Socialist Republic of Vietnam made under the provisions of clause 2, article 10 of this Decree.

2. for foreign military vessels to Vietnam made the other activities in the area of internal waters, territorial waters outside the port, approved in writing, the Department of Defense provided the central cities, where entry procedures are done, exit for ships, on board members and solve the problems related to local in time to ship to operate in Vietnam.

Article 27. Activities of foreign military vessels to Vietnam conducted other activities 1. Foreign military vessels to the territorial sea, internal waters and ports of Vietnam only made the agreed activities, between the ministries, the local relevance of Vietnam and the country that the ship, in the scope of activities has been the Department of Defense.

2. foreign military Vessels to Vietnam made the other activities in the area of internal waters, territorial waters outside the port need to move out of the scope of activities has been licensed and approved by the Ministry of defence.

The case must move urgently for reasons of force majeure, or purpose to help people, ships or aircraft that are experiencing distress, shortly after to secure anchor location must notify the Ministry of Defense, Ministry of industry and the provincial people's Committee.

Article 28. Procedures for entry, exit, move to port 1. For foreign military vessels to Vietnam made the other activities in the waters of the port, a military port in the management scope of a province, the central cities, immigration, immigration, port transfers made under the rules of procedure of the entry, exit, switch ports in article 11 , Article 12, article 13 of this Decree.

2. for foreign military vessels to Vietnam made the other activities in the area of internal waters, territorial waters outside the port, immigration, immigration is regulated as follows: a) venue entry procedure, exit for ships, a member on the Board at the headquarters of maritime port in the the city, centrally prescribed in the written approval of the Department of Defense;

b) the time limit for implementation of the procedures of entry, exit for ships, on board members considered the end since the procedures for submission of full papers according to the provisions in paragraph 3 of this article for the State Management Agency specialized in ports in the city, centrally prescribed in the written approval of the Department of Defense.

3. The types of papers (a fax or photocopy) the procedure must be filed upon entry, exit a) papers are filed upon entry:-submitted to the border gate of the port: 1 (a) A General Declaration (form 3); 1 (a) the membership list (form 4); 7 (a) program or action plan;

-Submit to the Maritime Ports: 1 (a) A General Declaration (form 3); 1 (a) the membership list (form 4);

-Submit to the Customs the harbor gate: 1 (a) A General Declaration (form 3); 1 (a) the membership list (form 4);

-Submit to the Agency the international health quarantine: 1 (a) Declaration of maritime health Certificate (form 9);

-Submission to quarantine the port gate: 1 (a) affidavit of plant quarantine (if any-form 10);

-Submit to the Agency the port gate animal quarantine: 1 (a) A quarantine animal stubs (if any-form 11).

b) papers are filed upon departure:-submitted to the border gate of the port: 1 (a) A General Declaration (form 3); 1 (a) the membership list (if there is a change compared to when the entry-model 4);

-Submit to the Maritime Ports: 1 (a) A General Declaration (form 3); 1 (a) the membership list (if there is a change compared to when the entry-model 4);

-Submit to the Customs the harbor gate: 1 (a) A General Declaration (form 3); 1 (a) the membership list (if there is a change compared to when the entry-model 4).

Article 29. Licensing permit issuance for organizations, individuals, Vietnam, foreign media have the activities related to foreign military ships to Vietnam made the other activities in territorial waters, internal waters and ports Vietnam follow the provisions of article 16, this Decree.

Article 30. To check, monitor 1. In the port waters in the scope of management of a province, the central cities: a) the border guard force, in coordination with the forces of security functionality, secure the port area where foreign military ship docked; inspection, monitoring the activities of foreign military ships, members on the boat, the coast, media, on activities in the area of foreign military ships docked, the ship down, left the ship, the means of military beam hits;

b) when performing inspection, surveillance, border guard is applied the following measures:-check the papers for members on the boat, the Vietnam coast, alien down the ship, leaving the vessel, counter media broadside;

-Monitoring the area where foreign military ship docked;

-The measures prescribed in point d, DD, e Point, item 2, article 17 of this Decree.

2. In the area of internal waters, territorial waters outside the seaport: a) defense force regulations, in collaboration with the forces of security functionality, secure area where foreign military ship docked; inspection, monitoring the activities of foreign military vessels, on board members, the media, people have related activities;

b) test force, surveillance measures applied to check, monitor prescribed in clause 2 article 17 of this Decree.

Article 31. Go ashore for members on Board 1. The regulations on the banks of the members on the foreign military vessels to Vietnam made the other activities carried out under the provisions of article 15 of this Decree.

2. where the ship docked, operated in the territorial, internal areas outside of port waters, the procedures must sign a contract in writing with Vietnam business functions to shuttle members from ship to shore and vice versa. The authority, licensing procedures for Board membership transfers made under the provisions of article 16 of this Decree.

Chapter V GOVERNANCE for FOREIGN MILITARY VESSELS to the PHILIPPINES Article 32. State management content for foreign military vessels to Vietnam 1. Construction, issued legal documents on foreign military ship to Vietnam.

2. Reception of information, agreement, content, program activities of foreign military vessels to Vietnam with Nations with military ships; Pickup ritual next organization and reception activities.

3. The license, permission or refusal to amend, supplement the license content for foreign military ship to Vietnam.

4. Management, control of entry, exit, switch port, moving and other activities of the Board and its members on foreign military vessels to Vietnam; to ensure security, safety for foreign military vessels to Vietnam; check, monitoring the activities related to foreign military ships to Vietnam.

5. Handle violation of foreign military vessels in accordance with the law of Vietnam and the international treaties to which Vietnam is a member.

Article 33. State management responsibility for foreign military vessels to Vietnam 1. The unified government administration for foreign military ship to Vietnam.

2. The Ministry of defence is responsible before the Government implement state management for a foreign military ship to Vietnam.

Article 34. The responsibility of the Ministry of Foreign Affairs 1. The announcement of the invitation of the Socialist Republic of Vietnam for countries with military ships to visit Vietnam.

2. Receive information, conduct agreement, content, the program activity of the visit with military ships to the country to visit and the Government decide whether to welcome foreign military ships made an official visit.

3. Hosted, in cooperation with the Department of Defense, ministries and provincial people's committees concerned made to welcome the delegation from foreign military ships make official visit under diplomatic protocol.

Article 35. The responsibility of the Ministry of defence 1. Issued under the authority of or hosted, in cooperation with the Foreign Ministry and the Ministry concerned the authority issued legal documents on foreign military ship to Vietnam. Receiving the information, the content, the program activity of the visit with military ships to the country, visiting often.


2. Hosted, in cooperation with the ministries, provincial people's committees concerned held a reception to welcome the next etiquette for foreign military ships, visit often.

3. Hosted, in cooperation with the ministries, the provincial people's Committee concerned foreign military ship management and members on board in time to Vietnam.

4. Directing agencies, subdivisions, in coordination with the forces function in the work to ensure the security, safety for foreign military vessels to Vietnam; inspection, monitoring the activities of foreign military vessels, on board members and activities related to foreign military ships.

Article 36. The responsibility of the Ministry of public security 1. Join comments on the licensing of foreign military vessels to Vietnam's Ministry of Foreign Affairs, the Ministry of defence.

2. Directs the agencies, subdivisions, the public security Department, the central cities in collaboration with the forces function in the work to ensure the security, order locally where there are foreign military ship docked; Management Agency direction of entry, exit review, Visa members on foreign military vessels to Vietnam to go outside the scope of the central cities, where the ship anchored under the provisions of the law of Vietnam regarding entry, exit.

Article 37. The responsibility of the Ministry of transportation and the ministries concerned 1. Join comments on the licensing of foreign military vessels to Vietnam's Ministry of Foreign Affairs, the Ministry of defence.

2. Hosted, in cooperation with the Department of defense in the foreign military vessels visit welcome Vietnam that the purpose of the visit is related to the industry, by the industry, field himself in charge.

Article 38. The responsibility of the provincial people's Committee 1. Join comments on the licensing of foreign military vessels to Vietnam's Ministry of Foreign Affairs, the Ministry of defence.

2. In coordination with the Foreign Ministry, Defense Ministry, ministries involved in activities to welcome foreign military ships made the visit locally.

Chapter VI ENFORCEMENT 39 Thing TERMS. Effect 1. The Decree has effect from the date of Jan. 20, 2013 and replacing Decree No. 55/CP dated 1 October 1996 from the Government on the operation of foreign military ships into the Socialist Republic of Vietnam.

2. Attached to this appendix includes 12 samples of declarations for foreign military vessels to the Socialist Republic of Vietnam.

Article 40. The Guide conducted the Ministry of defence, Ministry of Foreign Affairs pursuant to the provisions in this Decree to build the text instructions and detailed rules under the authority.

Article 41. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee and the agencies, organizations, individuals concerned is responsible for the implementation of this Decree.