The DECISION on the implementation procedure of pilot electronic border ports _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on the State border of 17 June 2003;
Electronic transactions Act base on November 29, 2005;
Pursuant to Decree No. 71/2006/ND-CP dated 25 July 2006 from the Government on the management of ports and maritime flow;
Pursuant to Decree No. 50/2008/ND-CP on April 21, 2008 on the management of Government, security guard, order at the port gate;
Considering the recommendation of the Minister of national defence, the decision: article 1. Scope and objects 1. This decision stipulated the application of pilot electronic border procedures at the ports by the port gate border units specified in article 3 of this decision.
2. This decision applies to the port gate border unit in sea ports as defined in article 3 of this decision and the boat Vietnam exit and entry; ship, boat, boat foreign entry, exit, transit, transfer ports in the ports.
This decision does not apply to ships, boats, and of bodies, organizations, foreign individuals enjoying privileges, except as prescribed by law; the ship run by the country's Atomic Energy; foreign military ships into the Socialist Republic of Vietnam and the Vietnam fishing vessel.
Article 2. Pilot implementation principles the procedures of electronic border ports 1. The procedure of electronic border ports must ensure equality, safety and compliance with the rule of law in electronic transactions; protect the rights and legitimate interests of agencies, organizations, individuals, the interests of the State, the public interest.
2. The procedure of electronic border ports to ensure publicity and transparency, fast, convenient; the sequence of procedures, electronic border records must comply with the provisions of the law of Vietnam about immigration. The case of the relevant international treaties to which the Socialist Republic of Vietnam is a member of other regulations shall follow the provisions of international treaties.
3. the port gate border implementation and completion of border formalities on the basis of electronic records (the electronic affidavit specified in paragraph 4 of this decision) because the person doing the procedure declaration.
On the basis of the results of analysis information from the database of the border gate of port and other information sources, unidentified port gate border report complete border procedures; denial of entry, exit, transit, transfer the port; make check directly at the boat when the signs violated the law, the information declared on the ship, boat, boat park is incomplete, inaccurate.
Article 3. The port gate border units are allowed to perform procedures pilot electronic border ports to allow the Defense Department to implement the pilot electronic border procedures at the port 7 port gate border units: 1. Ban command gate border port of Haiphong in the border guard command of Hai Phong City-Guard command Border defense;
2. Ban command the border gate at Da Nang port in the border guard command of Da Nang City-The Commander of the border guard;
3. Ban command the border gate of the port of Vung Tau in the border guard command of BA RIA-Vung Tau-The Commander of the border guard;
4. Ban command Saigon port gate border in the border guard command in Ho Chi Minh City-The Commander of the border guard;
5. Frontier port gate Chinensis in the border guard command of Quang Ninh-The Commander of the border guard;
6. Frontier Quy Nhon port gate in the border guard command of Binh Dinh Province-The Commander of the border guard;
7. Frontier port of Nha Trang gate of the border guard – border guard command.
Article 4. The pilot performed the procedure electronic border ports 1. The unit gate border port or border guard-Ministry of defence; the ship owners, ship managers, who exploited the vessel or a person authorized to ... (hereinafter referred to as the procedure) Vietnam and foreign entry procedures, exit, transit, transfer to port for the boat, the provisions of article 3 of this decision, use the internet to register, receive and process information and quote the complete procedure for border residents, the boat prescribed in this article.
2. The procedure of electronic border ports comply with the posted content on the electronic portal of Government or electronic information page of the Agency, the Agency performs administrative procedures.
3. the reception venue to declare and certify complete border electronic procedures done at Headquarters the port gate border as defined in clause 1 article 7 Decree No. 50/2008/ND-CP on April 21, 2008 on the management of Government, security guard, order at the port gate.
4. the standard format of the form (electronic version) of electronic border profile due to Department of Defense regulations, including: General statements; list of crew; list (if available); a dangerous goods declaration, weapons, explosive materials (if any); affidavit of person who hid on Board (if any).
The content form the electronic version must be consistent with the content in the form of the affidavit of paper according to the current rules.
The information reported in the electronic border profile are valuable as information in the paper profile declarations.
5. Boat entry, transit, transfer the port to be determined to have completed the procedure and the procedure of the State management bodies in other majors at the gate of the port is allowed to make arrangements, unloading and other activities according to the program, the plan; crews in boats, boats that are allowed to go ashore shortly after the boat docked at the wharf or other location in port waters.
6. The ship, boat, switch port goes after the report was completed, the border procedures that change on the boat or in violation of the provisions of the law of Vietnam must handle it must redo border procedures. The boat, the boat was allowed to leave the port when all matters relating to the ship, the crew, passengers, cargo handling, solved.
7. After completing the electronic border procedures, the procedures are the filing of paper (the paper defined in article 8 Decree No. 50/2008/ND-CP on April 21, 2008 on the management of Government, security guard, order at the port gate). The violation of the entry, exit, transit, transfer the port; incomplete declarations, not exactly being processed under the provisions of the law of Vietnam.
Article 5. The time limit for the procedure of electronic border ports 1. Slow for 8 hours before the boat expected to port and 2 hours before the scheduled boat left the port, the information relating to the ship, boat, boat park entry, exit, transit, transfer the port; goods imports, exports, transits, switch ports in the port gate must be the person doing the procedure declarations according to the forms prescribed in the record electronic border procedures.
2. Slowly for 2 hours after the boat docked at the wharf or other location in the port waters the procedures to apply for the port gate border paper.
If the boat does not have the change of boat Kit, do not violate the provisions of the law of Vietnam, slowly for 2 hours after the boats left port, the procedures are the filing of paper for border port gate.
3. At the latest 12 hours since receiving the full range of information that the person doing the procedure declarations in electronic records sent to the border gate, the port must accurately complete border procedures notice or notice of denial of entry, exit, transit, transfer ports, check directly at the ship for the procedure and the State Management Agency specialized in ports.
Article 6. The responsibilities of the ministries; The people's committees of provinces and cities; the units, organizations and individuals involved in the pilot implementation of procedures electronic border ports 1. The responsibility of the Ministry of Defense a) presiding, in cooperation with the ministries; The people's committees of provinces and cities under central; The Steering Committee made 65 FAL Convention of the Government in the Organization of the pilot implementation of procedures electronic border ports.
Advocacy organizations in the business community of transport; organizations and individuals involved, encourage and support enterprises, institutions and individuals, when required, in coordination with the ministries concerned to check and handle the problems arising.
b) issued guidance documents for pilot implementation of procedures electronic border ports.
Directing, inspecting border guard made procedural pilot electronic border ports; training organizations, training, deployed officers have enough level, capacity, experience meet the requirements of the pilot implementation of electronic border procedures and the process of implementing procedures of official electronic border ports nationwide if the Prime Minister for approval.
c) ensure funding and necessary conditions of the facilities, the equipment for the pilot implementation of procedures electronic border ports.
d) summary, summary, reviews, Government reports the results of the pilot electronic border procedures for the port.
DD) proposals, issued the policy, mechanism, the agenda, funding, infrastructure, equipped with the official procedures to deploy electronic border ports on the port gate system by the Ministry of national defense management.
2. The responsibilities of the ministries concerned the Ministry of information and communications, the Ministry of transport, Ministry of health and other relevant ministries, sectors, within the scope of the task, their powers are responsible for directing, guiding the State Management Agency specialized in direct cooperation with the border guard in the pilot implementation of procedures electronic border ports.

3. The responsibility of the provincial people's Committee, the central cities where the pilot implementation of procedures electronic border ports.
Within the scope of its powers, duties, provincial people's Committee, central cities are responsible for directing, instructing the departments, local functional sectors where pilot implementation procedure of electronic border ports to coordinate, create favorable conditions for border port gate specified in article 3 of this decision implementing the pilot cell border procedures suicide in local ports.
4. The responsibility of the border gate to port a) provides software, forms; installation instructions, reporting information for people who do join the pilot implementation of procedures electronic border ports.
b) provided, to share information concerning the ship, boat, crew procedures for electronic border ports for the specialized State agencies at the gate of the port.
c) presiding, in coordination with the State Management Agency specialized in sea ports, local government in advocacy, pilot implementation of procedures electronic border ports.
d) check directly at the boat when the signs violated the law, the information declared on the ship, boat, boats, not full, not exactly; processed in accordance with the law the violation of the law and declare the information is incomplete, inaccurate.
5. The liability of the Organization, individuals in performing the procedure electronic border ports, individual organizations when implementing the procedure of electronic border ports to be responsible before the law about the accuracy and truthfulness of the contents declared electronic border procedures; strictly the regulations, instructions and checking, handle violations of the border gate of the port.
Article 7. Effect 1. This decision has the effect since January 9, 2011.
2. the duration of the pilot sea port border procedure is 2 years since this decision has the effect, consists of 2 stages: a) stage I make in 1 year from the date of this decision to take effect.
b) stage II done in 12 years (since the end of the phase I):-first: summary, lessons, reports prime the process of implementing procedures for pilot electronic border ports in phase I;
-May 6: the finishing process to synthesis procedure for pilot implementation of electronic border ports, used for the deployment on the entire system of national port gate; the Prime report, recommending the deployment of content across the entire sea-port gate system.
Article 8. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, organizations and individuals responsible for the implementation of this decision.