CIRCULAR GUIDE IMPLEMENTATION of DECREE NO. 50/2008/ND-CP on April 21, 2008 on the MANAGEMENT of GOVERNMENT, SECURITY GUARD, order at the PORT GATE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of DEFENCE pursuant to Decree No. 50/2008/ND-CP on April 21, 2008 on the management of Government, security guard order at the port gate;
Pursuant to Decree No. 104/2008/ND-CP dated 16 September 2008 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
Proposal of the Commander of the border guard, CIRCULAR: Chapter 1.
GENERAL PROVISIONS article 1. Scope this circular guide details the activities of people, ships, boats and offshore Vietnam entry, exit, transit and transfer port; procedures, auditing, monitoring and other activities related to the security, order; the responsibility to guide and coordinate the management, security, order at the port gate.
Article 2. The object application this circular applies to individuals, organizations, boat and other media of Vietnam and foreign operations at the port gate, except in the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations shall apply the provisions of international treaties.
Article 3. Military port 1. Made according to the provisions in clause 2 article 1 Decree 50/2008/ND-CP on April 21, 2008 on the management of Government, security guard, order at the port gate (hereafter abbreviated as Decree No. 50/2008/ND-CP).
2. military Port was allowed by the Government to serve commercial purposes shall apply the provisions of Decree No. 50/2008/ND-CP of the provisions of the relevant laws for commercial port and the port's military rules.
Article 4. The area of the port gate 1. The area of the port gate made according to the provisions of article 4 of Decree 50/2008/ND-CP DATED. 2. The specific scope of the land port, the port waters due to the competent authority identified in accordance with the law; the scope of the port lands by the competent authorities of the land decide according to the rules of the law of the land; the range of port waters by the Minister of transport announced under the provisions of The law of the sea.
3. The State Management Agency specialized in the port gate, including: Maritime Ports, border crossings, Customs port the port gate, medical quarantine, animal quarantine, plant quarantine are deployment and installation of the equipment, technical means in the area of the port gate. The deployment of the force, the installation of the equipment, technical means of the State Management Agency specialized in sea-port gate by the governing body of that decision, but not articles to the normal operation of the business of the port.
Chapter 2.
BORDER PROCEDURES article 5. The time limit for implementation of border procedures 1. The time limit for implementation of border procedures as specified in article 6 of Decree 50/2008/ND-CP DATED. 2. As for the boat, moored away from the venue, at the suggestion of the procedure, the port gate border United with the State Management Agency specialized in check from 2 hours to 24 hours before the boat left the port.
3. After completing the procedure, the port gate border continues to perform the check, for the border monitoring, ship, sailing under the provisions of the law.
4. After 24 hours from the time the boat had completed procedures for exiting that still lingers, the port must redo the procedure.
Article 6. Location location border procedures procedures for specific border as follows: 1. In the main office or a representative office of Maritime Ports;
2. the border gate at the headquarters of the port for the port gate was set up of electronic declarations;
3. In ships, including: a) ship;
b) where there is sufficient basis to doubt the authenticity of the Declaration of the owner or prior to Vietnam, the boat that left the final port in the area of disease of humans, animals and plants, conducting the procedure at the control room.
All cases of border procedures at the border gate, ship Harbor must notify the maritime Port and the people who do know.
Article 7. The responsibility of the port gate border when the procedures for border residents, the boat entry, exit, transit and transfer to port 1. Understand the situation, receiving information on the plan to ship and departed, anchoring location, the time of unloading of the goods, the observance of the law of the media owner, crews, passengers and staff to actively organize forces layout tasks according to the regulations.
2. Receiving, checking the legality, of papers published, the entry of ships, boats, crews, passengers and verified according to the regulations. The papers that present the procedures after the test must return immediately, unless otherwise decided to temporarily hold exhibits, means of administrative violations for which papers to ensure the handling of administrative violations or custody papers until the offending organization, individual Executive is completed to decide punishments.
3. Receive and settle under the authority and the procedures for license go to shore excursion, emergency, medical, visa for crew, passengers at the suggestion of captain.
4. When detected violations while conducting the procedure, conducted Harbor gate border sanctioning administrative violations under the authority provided in the Ordinance on handling administrative violations July 2, 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008; case should prevent timely administrative violations or to ensure the handling of administrative violations, the head of frontier port gate decided to apply the preventive measures prescribed by the law.
Article 8. The responsibility of the person doing the procedure when the procedure for the border, the train, the boat entry, exit, transit and transfer to port 1. Khai, filed and present the papers according to the provisions of the law.
2. Provide sufficient, accurate information concerning the ship, sailing, crew, passengers, cargo on the ship. When people discovered hiding on the boat, the captain must adopt the necessary preventive measures, depending on the circumstances and specific conditions, the protection of evidence, records manager who hid on board the boat, where necessary, have the right to detain people under the rule of law, at the same time notify the port gate border to coordinate with the State Management Agency other majors are active at the port gate to handle according to the authority.
3. Implement the decisions and requests of the port gate border in the procedure, checks, border monitoring for ships, boats, crews, passengers, cargo and vehicles banned user.
4. Perform other obligations prescribed by law.
Article 9. Procedures for border residents, the boat entry 1. When the immigration procedures, the procedures must be filed and presented to the border gate to port the following papers: a) papers are filed (7 original): – A General Declaration;
-The list of crews;
-List passengers (if any);
-Affidavit of dangerous goods, firearms, and explosives (if available)-(annexes I and II attached to this circular);
-Affidavit who hid on Board (if available)-(Appendix III attached to this circular).
b) must present papers (original):-Shared boat;
-Sailing passport or valuable papers instead of the Passport;
-Passenger's passports or valuable papers instead of the Passport;
2. the port gate border perform the tasks stipulated in article 7 of this circular; check the status of preservation of dangerous goods, firearms, explosives and made sealed for weapons, explosives of the boat.
Article 10. Border formalities for the boat, ship, exit 1. When the exit procedures, the procedures must be filed and presented to the border gate to port the following papers: a) papers are filed (7 original): – A General Declaration;
-The list of crews;
-List passengers (if any);
-Affidavit of dangerous goods, firearms, and explosives (if available)-(annexes I and II attached to this circular);
-Affidavit who hid on Board (if available)-(Appendix III attached to this circular).
b) must present papers (original):-Passport crews or valuable papers instead of the Passport;
-Passenger's passports or valuable papers instead of the Passport;
2. the port gate border perform the tasks stipulated in article 7 of this circular and check the seal for dangerous goods, weapons, explosives, recovered papers that border the port gate was issued for ships, boats, crews, passengers.
Article 11. Border procedures for boat transit 1. The procedure at the gate of the port entry and exit port gate made according to the provisions of article 9, article 10 of this circular.
2. On the transit, the captain is responsible to manage the crews, passengers and cargo on board, the boat; keep sealing status and border records the entry port from gate to gate exit port.
Article 12. Border procedures for boat transfer to port 1. Boat did immigration in a port of Vietnam, then to other ports (switch port) then no entry procedures. After receiving the written notice of the time, the purpose of the ship, the boat moved to port, the port name will come up, expected change of crew, passenger, border port gate where to just ask the captain to apply transfer ports of the port gate border where the boat left the port before.

2. profile shifted base due to the border gate of the port where the boat left the Harbor, which provides border gate, the port where the boat to make the measures his administration services under the provisions of the law, the receiving port transfer records and inform the port gate where the border goes on the State executive law of crews boat, ship, port transfer. The captain is responsible to manage the crews, passengers and cargo on board, the boat; keep sealing status and profile switch ports of the port gate border where the boat left the port before.
Article 13. Border formalities for ships, the boat carrying the flag of the country sharing borders with Vietnam 1. Boat has a payload from 200 DWT back down carrying the flag of the country sharing borders with Vietnam when sea port in Vietnam's border area with that country, the procedure must be filed and presented to the border gate to port the following papers: a) papers are filed (1 original) :-list passengers (if any);
-Affidavit of dangerous goods, firearms, and explosives (if available)-(annexes I and II attached to this circular);
-Affidavit who hid on Board (if available)-(Appendix III attached to this circular).
b) must present the documents: passport or other valuable papers instead of the passport of the crewmembers, passengers under the provisions of the law of Vietnam or the international treaties that have been signed between Vietnam and countries.
2. the port gate border perform the tasks stipulated in article 7 of this circular; check the status of preservation of dangerous goods, firearms, explosives and made sealed for weapons, explosive materials, not goods imported into Vietnam.
Article 14. Border procedures for tourist ships 1. Perform the procedure, exit prescribed 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) 01 copy of business license (first);
c) 01 copy of business license of international travel (first).
d) 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.
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 disembark to present passports or valuable papers instead of passport (for foreigner); The paper identification or passport (Vietnam) and permits to go ashore for passengers with confirmation of the border gate of the port.
d) domestic tourists when left the ship to return to port gate border license to go ashore.
Article 15. Border formalities for the sail 1. Crews, passengers travelling on cruise ships sail to have a visa by the competent State agencies of Vietnam granted upon entry (except visa-free).
2. The absence of border crossings, Visa Visa port as specified.
Article 16. For boat Vietnam domestic activities 1. Boat operated domestic flights do not border formalities when arriving and departing, but must register to come, go and be subjected to inspection, monitoring of border crossings.
2. When registering, go for the boat to operate domestic flights, the captain must be filed and presented to the border gate to port the following papers: a) papers must submit:-list of crews;
-List passengers (if any).
b) must present the documents:-Shared boat;
-Sailing passport or valuable papers instead of the Passport;
-Passenger's passports or valuable papers instead of the Passport.
Article 17. For specialized Harbour 1. The port used by the Ministry of transport announced, is the port dedicated to business to export or import a certain item types of that business itself.
2. the port gate border perform procedures, border monitoring test when there are boat Vietnam and foreign entry, exit; the procedure, check, border surveillance by border guards near the port where the gate for implementation at the port.
Article 18. For domestic marine ports are receiving foreign boat In the harbor of Interior by Ministry of transportation announced that allows receiving of foreign boats, ship out, into the unloading of cargo; the implementation of procedures, checks, border monitoring conducted under the provisions of the law.
Article 19. Electronic border procedures 1. Border guard command register, the electronic mail address for the port gate border unit was set to declare the electronic border procedures to receive and submit the prescribed information; prescribed declaration form electronic border procedures and guide the process to declare, certify the electronic border procedures. Port gate border notice of electronic mail addresses for the agencies, organizations, individuals are related to implementation.
2. Maritime Ports, Enterprise port and the procedures for ships, boats, and notify the border gate to port over the network the information relating to ships, boats, cargo, crew lists, passenger lists (if any) expected time of arrival and leaving the port.
3. network information service for the resolution of fast procedure before receiving the official text. When receiving information over the network, the port gate border must correct appraisal, deems eligible can allow boat carried the goods unloading operations and technical operations. Crews are only allowed to go ashore after the completion of the procedure of passport control and was licensed to go ashore.
Chapter 3.
CHECK OUT BORDER SURVEILLANCE, article 20. The responsibility of the border gate to port 1. At the Harbour Bridge and the harbour waters a) check, control, monitoring the boat entry, exit, transit and transfer port.
b) in collaboration with the Maritime Ports holding the information on ship, boat mooring, causing domestic cargo at the port, check, control, monitoring the activities of people, ships, boats, cargo at the port gate area; full, accurate registration on diary situation in the operation of the up, down to the ship; out, at the gate of the port area, port access media under license be granted.
c) check, control, monitoring all activities of people, the media in the area of the port gate; detect, prevent timely acts violate the law.
d) chaired the implementation regulation of sea border area, detecting, fighting, prevent infiltration activities, crossed the border to sabotage security, order, defend national sovereignty, fight against drug trafficking, weapons, explosives, smuggling, commercial fraud, commodities shipping prohibited items and other law violations through the port gate.
2. At the gates of the port a) check, register licenses due to border ports give a gate down the ship, docked at the port of a foreign boat and left the ship moored at foreign ports to the hinterland.
b) test, control for crews, passengers completed immigration procedures to repatriate through another gate and who enter through a different gate down the train to exit.
c) check, control, register the license go to shore of crews for foreign crews went ashore and return to the ship.
d) coordinate with the protection port to the management, inspection and control of people, the media into the gate of the port and other subjects operating in the area of the port gate.
Article 21. Direct border monitoring on board, boat 1. The border monitoring directly on the boat, the boat made according to the provisions in article 14 of Decree 50/2008/ND-CP DATED. 2. When necessary, the port gate border can organize monitoring cruise ship, boat transfer to port to other ports in the country.
Article 22. As for the urban tax-free zones in The sea gate, the media, to operate tax-free in the port gate area must obey the provisions of Decree No. 50/2008/ND-CP and the other provisions of the law of Vietnam.
Chapter 4.
REGULATION on DOWN the TRAIN, boat, GO ASHORE and at SEA-PORT GATE AREA Article 23. Papers down the ship, foreign boats 1. According to the provisions of article 17 of Decree 50/2008/ND-CP 2. The license down the train by Harbour 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 travelling by ship) to work or conduct other activities in ship time the boat, moored in the port gate area.
3. The license down ship include: a) the license issued to the Vietnam ship down and foreigners in the Agency, regular business down the alien ships working, time limit not to exceed 12 months (annex IV attached to this circular).
b) license issued to the ship down the alien and Vietnam down the alien ships are berthed at the port gate, to work permit period, down to the ship not exceeding 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 vessels in port, gate area permits are worth 1 (Appendix VI attached to this circular).

d) When 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 people who have no responsibility.
4. The fee licenses on implementation of provisions of the Ministry of finance.
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 DATED. 2. During the boat 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 as not 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.
6. During the boat moored at the port gate, foreign crews have Vietnam law violations will be prohibited to go ashore, the case went ashore there violations will be dealt with according to the law of Vietnam.
7. The license fees go to the banks to follow the regulations of the Ministry of finance.
Article 25. The papers of foreigners to work, activity at the port gate 1. When to work, activity at the port gate, foreigners must have a passport or papers whose value replacing passports, license due to the provincial level public security levels and be subject to the checks, monitoring of border crossings.
2. where foreigners go in the Union of the body, held Vietnam to the port gate area agency, that organization must make a list of foreigners to go along, to notify the port gate border and subject to inspection, monitoring of border crossings.
Chapter 5.
The RESPONSIBILITY to GUIDE and COORDINATE the management, SECURITY, order Article 26. The responsibility of the border gate to port 1. Hosted, in cooperation with the forces of public security, the State administration at the port gate, port businesses and local authorities in the management of activities, to protect the security, safety, social order at the port gate.
2. The layout, use of force and other means, weapons, equipment, military engineering, tool support, conduct professional border measures, assumes that the situation of local management, audience, maintain security, order, social security in the port gate area.
3. force deployment procedures, inspection, control of the exit and entry gate at the port; instructions, check, monitoring the activities of people, ships, boats, and Vietnam, foreign entry, exit, transit and transfer port.
4. Fight, fight against the crime, fight against smuggling, trade fraud.
5. Perform foreign border guards in accordance with the law.
6. Detection, deter, capture, handle the violations of the provisions of Decree No. 50/2008/ND-CP of sea border area regulation, Vietnam laws and the international treaties to which Vietnam is a member.
7. Hosted, in cooperation with the State administration majors have active forces at the port gate, port business building regulation work together to protect security, order and resolve the incident occurred related to the branches in the port gate.
8. Periodically organizing Committee with the function of force, the State Management Agency specialized in the port gate, port business and local authorities announced the security situation, order, social security at the port gate.
Article 27. The responsibility of the business to port 1. Secure the border gate to the port port port used, the device works in the port to perform management tasks, security guard, order at the port gate.
2. Notify the port gate border in writing the plan, the situation of the port's activities, provided the requirements of the border gate and coordination in the management of cadres and workers of the port security, order at the port.
3. Observance of the provisions of the law on border procedures for persons, means of transport, entry, export, import, ensure the security conditions, order in the area of the Jetty where the ship hits bridge the stevedoring or pickup charged passengers.
Chapter 6.
IMPLEMENTATION Article 28. Effective enforcement of this circular in force from March 2010 and replaces decision No 167/2004/QD-BQP on December 13, 2004 of the Minister of national defence about the procedure, checking, monitoring of sea ports and at border ports;
Article 29. The Organization made the Commander of the border guard is responsible for: 1. Directing the province border defense command, central cities have the port gate, hosted, in cooperation with the Department of Justice and the related industry advised provincial people's committees to the Conference holds the content of Decree 50/2008/ND-CP and this circular to the level , the local industry; extensive popular propaganda to the masses of the people, especially the populace in the area of the gate and the marine border area to perform.
2. Hosted, in cooperation with the Department of finance the Department of Defense, the relevant authorities of the Ministry of finance study of the Defense Ministry, the Finance Ministry complement the category-level licenses fees prescribed in article 17 and article 18 Decree No. 50/2008/ND-CP of the Government.