Circular 90/2011/tt-Bqp: Modify Circular 181/2005/tt-Bqp Guide Decree 32/2005/nd-Cp On The Regulations For Land Border Gate And Circular 05/2009/tt-Bqp Guide Decree 50/2008/nd-Cp On Qu

Original Language Title: Thông tư 90/2011/TT-BQP: Sửa đổi Thông tư 181/2005/TT-BQP hướng dẫn Nghị định 32/2005/NĐ-CP về quy chế cửa khẩu biên giới đất liền và Thông tư 05/2010/TT-BQP hướng dẫn Nghị định 50/2008/NĐ-CP về qu

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Pursuant to Decree No. 104/2008/ND-CP dated 16 September 2008 of the Government functions, tasks, powers and organizational structure of the Department of Defense;

Implementation of resolution No. 51/NQ-CP on 10/12/2010 of the Government on the simplification of administrative procedures in the function of management;

Proposal of the Commander of the border guard, the Minister of Defense revise, Supplement circular No. 181/2005/TT-BQP and circular No. 05/2009/TT-BQP as follows: article 1. Modify additional Properties, b, point 2; Point 3; Detail b, point 5 section II of circular No. 181/2005/TT-BQP on November 17, 2005 the Department of Defense instructions made the Decree No. 32/2005/ND-CP dated 14/3/2005 of the Government on the regulations for land border crossings 1. Detail b, point 2 of section II be amended and supplemented as follows: "2. for foreigners b) for third countries nationals: When entry, exit via the international border gate must have valid passports or valuable papers instead of passports and visas, except with visa-free (for the Vietnam people settled abroad without passport or travel documents passport replacement value must have papers due to the competent body of the foreign grants worth exporting, entry and sample papers which were official announcement for Vietnam through diplomatic lines), with visa-free paper by the diplomatic missions of Vietnam where the country the settlers ".

2. Point 3, section II be amended and supplemented as follows: "3. The media, goods, entry, transit, import and export through the border gate made according to article 8, article 9 of Decree No. 32/2005/ND-CP, must have legal papers, full implementation of the principles and procedures as stipulated by the customs legislation , the other provisions of the law of Vietnam and relevant international treaties to which the Socialist Republic of Vietnam is a member.

-For goods traded across the border are qualified according to the instructions in point 3 of section II of this circular and the Government's regulations on the management of trade goods across the border with the country borders are import-export through the border, irrespective of the goods which are of local or border areas of the country.

-Special cases according to the recommendations of the provincial local government or the Government of neighboring countries, the Minister of industry and trade United with the Minister of finance allows customs clearance of goods of third countries through the main gate or side gate ".

3. Detail b, point 5, section II be amended and supplemented as follows: "5. the testing procedures, specialized monitoring at the border.

b) testing procedures, border surveillance at the border.

-For citizens of Vietnam, the entry must present one of the following papers: + Passport, passport, proof of the border, the certificate;

+ Export declarations, immigration (for the export entry by Passport), except the gate dropped the export declarations, entry.

-For foreigners: + passport or valuable papers instead of passport and entry visa must have Vietnam, by the competent authorities of Vietnam granted (except visa-free or to work, activity at border gate economic zones);

+ Your pass or demonstrate the borders, certificates;

+ Export declarations, immigration (for the export entry by Passport), except the gate dropped the immigration forms.

-For the media and the people who control the means of production, the entry of Vietnam and foreign countries must present the following documents: passport or passport, to prove the border;

+ Media controller license;

+ Media registration certificate;

+ Transport license;

+ License to transport passengers, cargo (if available);

+ Certificate of technical safety means and protection of the environment;

+ Vehicle insurance certificate (if applicable);

+ Quarantine certificates.

-Responsibilities of the frontier have gate: + check, control, passport, valuable papers instead of passport and oversaw the operations out to the gate area with regard to the means of production and of entry; import-export goods in the area of the gate;

+ Stamp to verify passports or valuable papers instead of the Passport;

+ Customs, in coordination with other forces fight, fighting crime, fight against smuggling and commercial fraud;

+ Visa for foreigners according to the notice of the Ministry of public security.

+ Visa application at the gate, including:-The text of the Immigration Agency, Ministry of public security to agree to receive visas at the gate.

-Visa case left (D) passengers must submit 4 photos (size 4 cm x 6 cm).

-Visa process at the gate: + frontier receiving visa application at the gate;

+ Check the validity of the profile;

+ Visa for foreigners.

-Visa time: right after the border gate to receive the full records as prescribed.

-Visa fees Collected under the provisions of the law on fees and charges;

-Certification of sojourn for foreigners.

-Border monitoring locations: + transit area (for international);

+ Test area, control vehicles and goods;

+ The area shelters the procedure;

+ Export procedures area, the entry of the function body;

+ Storing area import-export queue;

+ Shop duty free Business Zone;

+ Service area, trade;

+ Car parking Areas, marinas;

+ Area;

+ Other areas within the area of the gate.

-Test subjects, monitoring the frontier gate area: + Vietnam, foreign persons, entry via the border gate and gate areas to farewell or perform the operation of the service, Commerce, journalism, sightseeing, travel;

+ Vehicles, cargo, baggage of Vietnam, the country also in the area of entry, entry, export through border gate.

-Border monitoring mission: + operating, maintenance, guide people, vehicles, cargo, luggage and other activities in the area of the gate under the provisions of the laws and regulations of the land border;

+ Maintain security, order the gate area, prevent, detect, treat the people, vehicles and goods, entering through the border gate. "

Article 2. Modify, supplement article 14, article 23 and article 24 of the circular No. 05/2009/TT-BQP on 18/01/2010 Department of Defense instructions implemented Decree No. 50/ND-CP dated 21/4/2008 by the Government on management, security, order at the gate, the port 1. Article 14 be amended and supplemented as follows: "article 14. Border procedures for tourist ships 1. Make immigration exit, as stipulated in article 9, article 10 of this circular.

2. When the welcome guests traveling by sea at the port, the company must file for the port gate border the following papers: a) 1 original tourist programs;

b) 1 a main list browse personnel of the Immigration Administration-Ministry of public security to allow passengers to enter Vietnam (except those carrying passports have a visa Vietnam and carry your Passport in an visa-free entry, exit Vietnam).

3. sea tourist visa or tourist permit in accordance with the law of Vietnam, entry.

a) visa procedures at the port gate-individual or representative governing body directly to the port gate border procedures.

-Port gate border check, Visa registration, directly at the train.

-Component profiles (01) include: + referral or dispatch proposed by the governing body to welcome.

+ The text of the entry and exit Management Department-Ministry of public security to agree to receive visas at the gate.

+ Passports or valuable papers instead of the Passport (the present).

-Deadline: immediately after solve gate border ports receiving full valid papers.

b) licensing procedures tourist sightseeing in the port gate-gate border ports permit the direct excursion in boat.

-Component profiles (01) include: + dispatch personnel review of immigration management Department-Ministry of public security.

+ Passports or valuable papers instead of your Passport (to produce).

-Up to solve: slow for 1 hour after the port gate border receiving full valid papers.

-The fee made under the provisions of the law on fees and charges.

4. for ships of international tourists are allowed to carry tourists between the ports in the water before the ship made port at the Terminal, the procedure to file for the port gate border the following papers: a) a copy of the license of the authorized agency Vietnam allows welcome guests traveling between the ports in the country.

b) travel companies must file for the port gate border travel program for domestic customers and the list of passengers.

c) domestic tourists are foreigners down the train must present passports or valuable papers instead of the Passport; The Vietnam must present identity Papers or passport ".

2. Article 23 was amended and supplemented as follows: "article 23. Papers down the ship, foreign boats 1. Comply with the provisions of article 17 of Decree 50/2008/ND-CP.

2. license down boat for the port gate border give a Vietnam and foreigners (except for officers, employees of the State administration at the port gate are performing their duties and crewing in dingbian and boat passengers going by train or boat) to work or conduct other activities in ship time the boat, moored in the port gate area.

3. The license down boat include: a) the license down boat for Vietnam people and foreigners in the organs, enterprises frequently down the ship, foreign work, the time limit of not more than 12 months (annex IV attached to this circular).

b) license down boat for the Vietnam and the alien down the ship, foreign boats are berthed at the port gate, to work permit period, down boat no more than 3 months (Appendix V attached to this circular).


c) license issued to the Vietnam and foreigners implementation of journalistic activities, scientific research, tourism, sightseeing, food supply, food, fuel, goods and perform other services related to foreign boat in the port gate area, the license has the value 1 (Appendix VI attached to this circular).

4. The procedure of granting the license type a) licensing procedure for the Vietnam down to the boat.

-Individual or representative governing body directly to the port gate border procedures.

-Port gate border inspection, registration, license.

-Component profiles (01) include: + referral or dispatch proposed by the governing body.

+ Certified Paper for individuals or a collective for the list.

+ Personal history confirmed by local government or governing body (for licences down boat worth 3 months and 12 months).

+ 2 color photos (size 2 cm x 3 cm) for valuable licenses in 12 months.

-Deadline: immediately after solve gate border ports receiving full valid papers.

b) licensing procedures for foreigners down the boat.

-Individual or representative governing body directly to the port gate border procedures.

-Port gate border check, sign a license.

-Component profiles (01) include: + referral or dispatch proposed by the governing body.

+ Passport or resident registration card (present).

+ 2 color photos (size 2 cm x 3 cm) for valuable licenses in 12 months.

-Deadline: immediately after solve gate border ports receiving full valid papers.

c) licensing procedures for the Vietnam made the press activities, scientific research, tourism-related foreign boat in the port gate area.

-Individual or representative governing body directly to the port gate border procedures.

-Port gate border inspection, registration, license.

-Component profiles (01) include: + referral or dispatch proposed by the governing body.

+ The corresponding activity licence by the competent authority, identity Paper (presentation).

-Up to solve: slow for 1 hour after the port gate border receiving full valid papers.

d) licensing procedures for foreigners implementation of journalistic activities, scientific research, tourism-related foreign boat in the port gate area.

-Individual or representative governing body directly to the port gate border procedures.

-Port gate border inspection, registration, license.

-Component profiles (01) include: + referral or dispatch proposed by the governing body or the invites, the captain's recommendation.

+ Passports or valuable papers instead of the Passport (the present).

-Up to solve: slow for 1 hour after the port gate border receiving full valid papers.

DD) licensing procedures for controlling the media alongside Vietnam boat.

-Individual or representative governing body directly to the port gate border procedures.

-Port gate border inspection, registration, license.

-Component profiles (01) include: + referral or dispatch proposed by the governing body.

+ The corresponding activity licence by the competent authority, identity Paper (presentation).

-Deadline: immediately after solve gate border ports receiving full valid papers.

5. When coming to work or perform other operations on the license, the person must present to the border port and gate subjected to testing, monitoring of border crossings. The captain is responsible for the work to those who do not have the responsibility down to the boat.

6. The fee licenses on implementation of provisions of the law on fees and charges ".

3. Article 24 is amended and supplemented as follows: "article 24. Foreign crews went ashore 1. Foreign crews take the banks comply with the provisions of article 18 Decree No. 50/2008/ND-CP.

2. In the time ships, boats moored at the port gate, foreign crews are allowed to go ashore in the inner range of the province, central cities where the port gate where the boat docked. The case goes beyond talk on exit from Vietnam territory or through the other gate is strictly regulated by the law on the export entry.

3. time to go ashore from 12 hours to 24 hours a day, if go sightseeing, tourism, emergency rescue, healing ... will be to extend the time for each specific case.

4. license to go ashore (the card go to shore-SHOREPASS-annex VII attached to this circular) due to border ports gate level for foreign crews working on the boat; foreign crews working on the boat, Vietnam has the value 7 times during the boat moored in the harbor.

5. The permission to go ashore for boatmen are recorded in section notes of A common declaration. In case the crew needs to go ashore but have not yet registered in section notes of A General Declaration, Captain through to licensing, please go to the banks.

Crews stay overnight on the banks of the must-have application for the permission of the captain and was the port gate border permit (Permit).

Licensing procedures for crews stay overnight as follows: – personal boats or boat dealer to check in directly at the port gate border defense headquarters.

-Component profiles (01) include: + application of Captain;

+ Passports or valuable papers instead of the Passport.

-Deadline: immediately after solve gate border ports receiving full valid papers.

6. Term of license, go to the banks for foreign boatmen is shortly after the port gate border receiving full valid papers.

7. During the boat moored at the port gate, foreign crews have Vietnam law violations banned go ashore, the case went to shore to have violations dealt with according to the law of Vietnam.

8. the licence fee income to go ashore and overnight permits made under the provisions of the law on fees and charges ".

Article 3. Effective enforcement of this circular are effective since January 14, 2011.

Article 4. Responsibility the Commander of the border guard, agencies, units, organizations and individuals responsible for the implementation of this circular.