The DECREE on the MANAGEMENT, protection, SECURITY and ORDER in the PORT GATE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT 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;
The Vietnam maritime law base on June 14, 2005;
Considering the recommendation of the Minister of national defence.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the activity of people, ships, boats, and Vietnam, foreign entry, exit, transit and transfer port; procedures, auditing, monitoring and other activities related to the security, order; responsible for directing, guiding and coordinating the activities of management, security, order at the port gate.
2. military Ports serve defense purposes, security is not in the scope of this Decree; the case serves the purpose of trade shall apply under the provisions of this Decree and other provisions of law relating to the commercial port.
Article 2. Application object 1. Individuals, organizations, boat and other media of Vietnam and foreign operations at the port gate must comply with the provisions of this Decree and the other provisions of the law of Vietnam; the case of the international treaties to which the Socialist Republic of Vietnam is a member have other regulations shall apply the provisions of international treaties.
2. Boat of bodies, organizations, foreign individuals are entitled to the privileges, immunities and foreign military ships into the Socialist Republic of Vietnam to the gate of the military port and the port follow the provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member.
3. Boat of the Vietnam people's army, the people of Vietnam are making the task of Defense, security at the port gate as specified separately.
Article 3. Port gate-gate ports is ports be open to people, ship, boat, Vietnam foreign entry, exit, transit, import goods, export, transit and perform other activities according to the provisions of the law.
Article 4. The area of the port gate 1. Port gate area includes the land of the port and the port waters.
a) port lands are lands 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.
b) 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 Department to build the flow ports and other ancillary works.
c) specific range of enclave Harbour, the port waters in the area of the port gate made according to the provisions of the law.
2. The governing bodies of the specialized State deployed forces, installing the equipment, technical means at the port gate area to ensure business requirements, but did not affect the normal operation of the business of the port.
Article 5. The responsibility to protect the security and order in the port gate area border guard is the mainstay, dedicated, hosted, in cooperation with the people's public security forces, the relevant industry, the local authorities in the management activity, protect security, order in the gate area of sea ports under the provisions of the law.
Chapter II RULES of procedure, to CHECK BORDER MONITORING, category 1. BORDER PROCEDURES article 6. The time limit for implementation of border procedures 1. Vietnam and foreign sailing ships to do immigration at the first port, when the Vietnam and exit procedures in ports in the end, when Vietnam from abroad.
2. Slowly for 2 hours from when the ship had to anchor safely at the location as directed by the Director of Maritime Ports, ship owners, ship managers, who mined the ship or the authorized person (hereinafter referred to as the procedure) are procedures for border entry.
3. Slowly for 2 hours before the ship left port, the person doing the right procedure for border formalities. Private ship and boat routes, is the slowest ship time prepare immediately before leaving the port.
4. Slowly for 1 hour, since receiving full valid papers, border gate to complete border procedures.
5. time to determine the completion of border formalities is the port gate border point has completed validation procedure.
Article 7. Location border procedures 1. At the head office or a representative office of Maritime Ports. For the port gate has set up a network of electronic declaration, the border procedure is done at the headquarters of the port gate border.
2. In ships in the cases specified in point b of paragraph 2 article 27; point a paragraph 2 to article 29 of Decree 71/2006/ND-CP dated 25 July 2006 from the Government on the management of the port and the maritime streams.
Article 8. Border procedures for boat entry, exit, transit and port transfer upon entry, exit, transit and port transfer, in addition to the papers are filed and present as specified in point d article 27 paragraph 4, item 2; point c Article 2, paragraph 29; point b item 2 Article 32 of Decree 71/ND-CP dated 25 July 2006 from the Government on the management of ports and marine flow, the procedure to file for the port gate border the following papers: 1. A declaration of dangerous goods, firearms, and explosives (if available).
2. the affidavit of the person who hid on Board (if any).
Article 9. Rules for boat transit 1. On the transit, the captain is responsible to manage the crews, passengers and cargo on board, retains the sealing status and border records.
2. transit passengers by train or boat to the port gate, if only on board, the boat or the area reserved for transit shall be exempt from visa. Cases of passengers in inland or exiting through another gate to a visa by the competent State agencies of Vietnam granted (except for the case to be visa-free under the provisions of the law of Vietnam or the international treaties to which Vietnam is a member).
Article 10. Regulations for the boat transfer to port 1. On the switch port, the captain is responsible to manage the crews, passengers and cargo on board, retains the status of sealing profiles and switch ports of the port gate border where the ship left port.
2. In the port of destination, the captain must submit for the record the port gate border transfer ports of the port gate border where the ship left port.
Article 11. The responsibility of the border gate of the port for the boat transfer to port 1. The responsibility of the port gate border where to go: a) the procedures for boat transfer to port, and the sealing of records handed the captain moved to the border gate to the port;
b) notify the port gate to the border on the State executive law of crewing, ship, boat transfer port.
2. The responsibility of the port where the gate to the border: a) receiving record transfer port and immediately notify the harbour gate border go know took over border profile intact, sealed border;
b) notify the port gate border goes on the State executive law of crewing, ship, boat transfer port.
Section 2. CHECK, BORDER MONITORING article 12. Test subjects, border monitoring 1. Ships, boats and ships, Vietnam foreign entry, exit, transit, transfer ports.
2. Boat Vietnam operates on domestic routes within the area of the port gate.
3. Other media of Vietnam and abroad, on, activities and moored in the port gate area.
4. The Vietnam and foreign operations at the port gate.
Article 13. The test measures, border monitoring To manage, protect, security, order at the port gate, The border is applied to the test measures, monitoring the following: 1. Check the control for papers, people, ships, boats and other vehicles, on, active in the area of sea ports (except the ship gate the boat, and the officers, employees of the State administration at the port gate are performing the task).
2. regional monitoring, mobile patrols.
3. direct monitoring at the port gates, checkpoints, targets or on ships, boats, and Vietnam and foreign countries.
4. Monitoring by means of technical and other professional measures prescribed by the law.
Article 14. Direct border monitoring on board the boat, The border monitoring directly on the boat, the boat is only done in the following cases: 1. Boat signs clearly violate the law.
2. where necessary to ensure the security, defense, social security and order, fight disease.
Chapter III RULES for PEOPLE, ships, boats, and article 15. Boat entry, exit, transit, transfer the port boat Vietnam, foreign entry, exit, transit and transfer ports must be allowed by the competent agencies in Vietnam and through the right gate, the flow of maritime transit routes, were allowed.
Article 16. The captain's responsibility when people discovered hiding on the ship, boat or person in distress 1. When people discovered hiding on the boat, the captain must adopt the necessary preventive measures, at the same time notify the port gate or border management agencies of other specialized State are operating at the port gate to handle according to the authority.
2. When the person in distress, the captain must implement the measures needed to rescue people in distress; at the same time notify the port service or state management bodies in other disciplines are operating at the port gate, to resolve.
Article 17. Papers down the ship, foreign

The Vietnam (except officers, employees of the State administration at the port gate are performing the task), foreigners (except the boatmen in dingbian and boat passengers go by train) disembark, foreign boats to work, conducting other activities in ship time the boat, moored in the port gate area must have the license down the train by border port and gate subjected to testing, monitoring of border crossings.
Article 18. Foreign crews went ashore in the time ships, foreign boats berthed at the port gate, crewmembers on board were allowed to go ashore within the province, central cities where the port gate where the boat was moored and must have the license to go ashore due to border ports gate level. 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.
Article 19. The procedure for passengers who have entered the scene wanted to return to the ship, boat, has wanted to exit back to the inland and the transaction when the train entry procedures, exit 1. Passengers travelling on the train, a foreign boat entry after you have completed the procedure for entry into Vietnam to exit by other means if you want to return to the ship, the boat must be licensed and subject to the supervision of the port gate border. The passengers completed immigration procedures would like to come back to do the domestic immigration again.
2. Crews and passengers have not yet completed the formalities of entry or exit formalities completed, does not leave the boat and dealing with anyone outside observer, Vietnam's public affairs staff and employees authorized dealer.
Article 20. The papers of foreigners to work, activity at the port gate foreigners to work, activity at the port gate must have passports or valuable papers instead of the Passport, the license due to the provincial level public security levels and be subject to the checks, monitoring of border crossings.
Article 21. Refused entry, transit or exit delay because of Defense, security, special reasons affecting the socio-economic or for reasons of safety of navigation, prevention of pollution, the Vietnam law violations or for reasons of urgency, people, ships Vietnam and foreign boats can be denied entry, transit or postpone the exit through the gate the port in accordance with the law of Vietnam.
Chapter IV RESPONSIBILITY to STEER, guide and COORDINATE the management, SECURITY, order Article 22. Responsible for directing, the instructions of the Ministry of industry, the ministries in the scope of the task, their powers are responsible for directing, guiding the State management bodies subordinated to the perform specialized functions, tasks, work together to manage, protect, security, order in the area of sea and Harbour gate handle violations of the provisions of the law.
Article 23. Responsible for the direction, instruction of the provincial people's Committee has the port gate-level people's committees of the province where the port gate in the scope of the task, their powers are responsible for the direction, instruction-level people's committees under where the sea port and the force, the related agencies in collaboration with the local border guard in the operation management protection, security and order in the area of the port gate.
Article 24. The responsibility of the port gate border chaired, in coordination with the public security forces, the State Management Agency specialized in the port gate, port businesses and local authorities in the management of activities, to protect the security, safety, social order at the port gate.
Article 25. Responsible for coordinating the activities of management, security, order 1. Within the scope of its powers, duties, public security forces, Maritime Ports and the State management agency other professional activities at the port gate, area businesses and local authorities are responsible for coordination with the port gate border perform management tasks , security guard, order at the port gate.
2. While on duty, officer, employee of the State Management Agency specialized in sea-port gate to wear the costume, wear badges, sea control according to industry regulations, when using specialized media must have separate signs and hang the flag of Vietnam.
Chapter V REWARDED, HANDLE COMPLAINTS and VIOLATIONS, accusations the thing 26. Rewarding agencies, organizations, individuals with outstanding achievements in the implementation of this Decree shall be rewarded according to the provisions of the law.  
Article 27. Handle violation of organizations, individual violations of the provisions of this Decree are dealt with under the provisions of the law.
Article 28. Complaints complaints, accusations, accusations and complaints, accusations are made according to the provisions of the law on complaints and denunciation.
Chapter VI PROVISIONS Enacted 29. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 30. Responsible for instructions, check out the Department of Defense, in coordination with the ministries concerned the instructions and check the enforcement of the Decree.
Article 31. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.