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Circular 15/2015/ttlt-Bgtvt-Bqp-Bca-Bng: Circular Licensing Regulations For Vehicles, The Force Came Under Foreign Media On Search, Rescue In Vietnam

Original Language Title: Thông tư liên tịch 15/2015/TTLT-BGTVT-BQP-BCA-BNG: Thông tư liên tịch quy định về cấp phép cho phương tiện, lực lượng đi kèm theo phương tiện nước ngoài vào tìm kiếm, cứu nạn tại Việt Nam

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CIRCULAR circular licensing regulations for vehicles, the force came under foreign media on search, rescue in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2010/ND-CP dated 16 September 2010 of the Government regulations on licensing and coordinating activities with the search forces , foreign rescue in Vietnam (hereinafter collectively referred to as Decree No. 95/2010/ND-CP);
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
Pursuant to Decree No. 106/2014/ND-CP on November 17 in 2014 of the Government functions, tasks, powers and organizational structure of the Ministry of public security;
Pursuant to Decree No. 58/2013/ND-CP of June 11, 2013 South of government functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;
The Minister of transportation, Minister of national defence, Minister of public security, the Minister of Foreign Affairs issued a circular regulating the licensing of vehicles, the force comes under foreign media on search, rescue in Vietnam.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates licensing procedures for vehicles, the force comes by means of foreign countries (hereinafter referred to as the force, foreign media) on search, rescue in Vietnam or in the search area, rescue by Vietnam.
Article 2. Application object 1. This circular applies to organizations, individuals and organizations, Vietnam foreign individuals related to the licensing of vehicles, the force comes under foreign media on search, rescue in Vietnam or in the search area, rescue by Vietnam.
2. Forces, foreign media are licensed under this circular does not include the force, means prescribed in paragraph 3 article 9 of Decree 95/2010/ND-CP. Chapter II of the ORDER, the procedure of LICENSE article 3. The proposal, receiving the information, the report recommends putting the force, foreign media on search, rescue in Vietnam 1. In the event of emergency situations prescribed in clause 2 article 4 of Decree 95/2010/ND-CP, the ministries, the people's committees of provinces and cities under central has proposed the immediate reporting to the National Committee on search and rescue task force proposal, foreign media on search engines rescue, or report on the nation's proposal, suggested international organizations bring the force, media to search, rescue in Vietnam's National Committee for search and rescue Prime reports and informed comments from the Prime Minister's direction to the Ministry of Foreign Affairs , the ministries, relevant local coordination.
2. The Foreign Ministry informed the countries, international organizations about Vietnam's proposal for national, international organization on search, rescue in Vietnam; notice of the approval or disapproval of proposed countries, the international organizations on search, rescue in Vietnam.
3. Content of the proposal report submitted to the National Committee for search and rescue a) emergency situations: disaster caused by natural disasters, the incident occurred on the territory of the Socialist Republic of Vietnam or the search area, rescue mission by Vietnam;
b) object to search and rescue, (people, vehicles);
c) name of the country, international organizations;
d) expected media types, the number of vehicles and the force comes as the media can participate in the search, rescue;
DD) the scope of space, time, search and rescue operations.
4. the proposed report forms sent to the National Committee for search and rescue a) in writing or by fax, electronic mail;
b) telephone: in case of emergency, heads Vietnam's proposal can exchange comments by phone to the leaders of the Office of the National Commission on the search and rescue vehicles, the force came under media into Vietnam to perform the search, rescue in Vietnam and then to finalize the report in writing.
Article 4. Reception of the record 1. Consular Bureau (Foreign Affairs) is the focal agency sent Vietnam's official proposals and receiving proposals of the countries, international organizations on search, rescue in Vietnam.
2. In case the competent licensing authority under the provisions of this circular to directly receive the suggested profile of countries, international organizations and submitted to the competent agency responsible for licensing to send 1 copy of records suggest the license please send comments Consular Bureau (the Foreign Ministry).
3. Countries, international organizations or government organization responsible for search and rescue, Vietnam's recommendation or suggestion on search, rescue in Vietnam posted 7 copy profile sets proposed licensing (directly or through the post office, by fax, electronic mail) to the Consular Bureau (Foreign Ministry) or through Vietnam representative offices abroad or Foreign representative offices in Vietnam to transfer to the Consular Bureau (the Foreign Ministry).
4. the Consular Bureau (the Foreign Ministry) to receive the license proposal profile and this profile is fully transferred to the authorized accompanied by the opinion of the Ministry of Foreign Affairs on the foreign side.
5. the Consular Bureau (Foreign Affairs) has the responsibility to inform the countries, international organizations (directly or via fax, email) or posted on the electronic portal of the Ministry of Foreign Affairs the procedure and necessary documents regarding the licensing of vehicles, accompanied by force media into search engines rescue, in Vietnam.
6. The documents in the record to suggest the license prescribed in clause 1, 2, 3 article 5 this circular must be created in English. In the case of the papers mentioned above was not established in English must be accompanied by an English translation and be free of the legal procedure.
Article 5. Recommended records licensed the composition, number of records: 10 ministries, in particular: 1. the recommended records licensed for ships or means of Interior or rail transport or transport by road or ship, boat, military and other forces come under media , including: a) Licensing application follow the model No. 1 in Appendix attached to this circular;
b) media registration certificate (not applicable to rail transport);
c) audit certificate for technical safety and environmental protection of valuable papers or equivalent longer validity period;
d) who controls the media: request of licenses for media control corresponding to the type of media by the competent bodies or valuable papers equivalent of longer duration;
DD) list of the force comes as the media joined the search, rescue information: name; nationality; day, month, year of birth; Passport number or valuable papers replaces the passport validity;
e) materials, the equipment comes by means of staff search, rescue, including:-list of materials (if any);
-Listing type, number of pages, the search service equipment, rescue;
g) where the papers specified in paragraph 1 of this article was not created by English, must be accompanied by an English translation. The papers must be presented upon entry.
2. Record the license proposal for military aircraft, unmanned aircraft, these forces come under media, including: a) Licensing application made according to the Model in Appendix 2 attached to this circular;

b) list the force comes as the media joined the search, rescue information: name; nationality; day, month, year of birth; number of passport or papers are worth replacing the passport validity period;
c) materials, the equipment comes by means of staff search, rescue, including:-list of materials (if any);
-Listing type, number of pages, the search service equipment, rescue;
d) where the documents prescribed in paragraph 2 of this Article was not created by English, must be accompanied by an English translation. The papers must be presented upon entry.
3. recommended records licensed for civil aircraft and forces comes as the media, including: a) Licensing application made under model number 3 in the appendix attached to this circular;
b) list the force comes as the media joined the search, rescue information: name; nationality; day, month, year of birth; number of passport or papers are worth replacing the passport validity period;
c) materials, the equipment comes by means of staff search, rescue, including:-list of materials (if any);
-Listing type, number of pages, the search service equipment, rescue;
d) where the papers specified in paragraph 3 of this article was not created by English, must be accompanied by an English translation. The papers must be presented upon entry.
Article 6. The Licensing Agency for the media and the media comes in force 1. The Ministry of transport license authorization for the specialized agencies to help the Secretary of State (except the cases specified in point c of paragraph 2 of this), namely: a the Vietnam Maritime Bureau) permissions for the media, the force comes by means of the search engine , rescue and in sea waters follow model No. 4 in the appendix attached to this circular;
b) inland waterway Bureau Vietnam licensed vehicles, the force comes by means of inland waterway performed search, rescue follow the pattern number 5 in the appendix attached to this circular;
c) Vietnam Railway Department license for vehicles, the force comes by means of the railways to perform a search, the rescue follow model No. 6 in the annex attached to this circular;
d) Vietnam road administration permissions for the media, the force comes under the road vehicles performed search, rescue follow model No. 7 in the annex attached to this circular;
DD) Vietnam licensed aviation for flight, the force comes under the operational implementation of flight search, rescue, relief in Vietnam follow the pattern number 8 in the appendix attached to this circular.
The licensing for the flights performed search, rescue took off, landing or flying over Vietnam (except flights has been licensed under the provisions of this circular) made under the provisions of Decree No. 94/2007/ND-CP dated 4/6/2007 of the Government on the management of flight operations and circular No. 62/2009/TT-BGTVT dated 21/12/2012 of shipping Minister Download the licensing rules for the flights performed civil activities in Vietnam.
The text is cited in this circular as modified, supplemented or replaced shall apply in writing to modify, supplement or replace it.
2. The Department of Defense authorized for operations in the following cases: a) the license for the ships, boats, military and other forces come under the media perform the search, rescue operations in Vietnam follow the pattern number 4 in the appendix attached to this circular;
b) license for military aircraft, unmanned aircraft and other forces come perform search, rescue operations in Vietnam follow the model No. 9 in the appendix attached to this circular;
c) license for the media, the force comes by means of search engines, foreign rescue into the area, the limited area of operations on the sea; aircraft landing, taking off at a military airport, flying into restricted areas, dangerous areas follow the Model numbers 4, 5, 6, 7, 8 in the appendix attached to this circular.
3. the licensing authority is responsible for providing a phone number, fax number, contact address in Vietnam to the parties concerned to contact when needed.
Article 7. License coordination sequence, duration of license 1. The licensing agency of the Ministry of transport of a licensing agency) under the Ministry of transportation, in 24-hour time, since getting the prescribed records from the Consular Bureau (Foreign Ministry), must promptly submit please comments operations (Department of Defense), the Immigration Administration (Ministry of public security). Case records suggest incomplete according to regulations, the Agency has issued permits for timely notification of countries, foreign organizations to complete the profile.
b) operations (Department of Defense) and the Immigration Administration (Ministry of public security), during 24 hours, from receipt of application and the text please comments must have text answers about agree or not agree to license. The absence of consent must clearly state the reason.
Operations (Department of Defense) is responsible for reviewing, commenting on the license as specified in paragraph 2 article 17 of Decree 95/2010/ND-CP by the authorized agency licensed please comments specified in clause 1 6 of this circular Thing.
The Immigration Administration (Ministry of public security) is responsible for the review, comments about licensing and deployment of the mission as stipulated in paragraph 1 and paragraph 3 article 20 of Decree 95/2010/ND-CP of. c) immediately after receiving the opinion of the operations (Department of Defense) and the Immigration Administration (Ministry of public security) , the Agency has authorized proceeding under regulations.
2. Granted the Defense a) granted the Ministry of Defense, during 24 hours, since getting the prescribed records from the Consular Bureau (Foreign Ministry) and of the comments of the Steering Committee of the national search and rescue are reviewed, assessed simultaneously send comments please rescue rescue Bureau (Department of Defense) , Vietnam aviation or maritime Vietnam Bureau (Department of transportation), the border guard command (Department of Defense), the Immigration Administration (Ministry of public security) and agencies, relevant units of the Ministry of Defense.
Case records suggest incomplete according to regulations, the Agency has issued permits for timely notification of countries, foreign organizations to complete the profile.
b) bodies, the unit is to consult a text must be answered within 24 hours, the time from receipt of application and the text please comments about licensing. In the absence of consent must clearly state the reason.
c) immediately after receiving the opinion of the authority, relevant units, operations (Department of Defense) to conduct due diligence, resolve the permissions as specified. Depending on condition, the nature and the forces, foreign media participated in the search, rescue operations (Department of Defense) stipulates specific tasks for the agencies and units in the license.
3. Inform the competent agency license the license when the license must be sent to: a the Consular Bureau) (the Foreign Ministry) 2 a to inform the countries, international organizations, media forces joined the search, rescue in Vietnam about licensing decisions; The Immigration Administration (Ministry of public security) 1 (a) and submit the list to force comes by means of joining search, rescue to grant entry visas;

b) case does not agree to license, the competent licensing authority must have text stating the reason to send Consular Bureau (the Foreign Ministry) to inform the countries, international organizations and the National Commission for search and rescue, the ministries, agencies, units concerned;
c) form submit Info: by fax or e-mail or text.
4. The term of a licence the licensing proposal base, actual requirements, search and rescue work, the Agency has the authority to license decided the term of the licence but not more than 30 days from the date of issue.
Article 8. Extension of the time limit for the licence 1. The object to be extended: the media, the media comes in the force could be extended if one of the following reasons: a) the search operation, the rescue has not ended;
b) according to the recommendations of the competent agencies on work search, rescue of Vietnam;
c) due to the unforeseen conditions such as natural disasters, accidents, and failures are the competent licensing authority Vietnam confirmed.
2. license renewal time must not exceed 30 days.
Before the deadline stated in the license expired, countries, international organizations must submit the application for renewal to the Consular Bureau (the Foreign Ministry) to extend the time limit for search, rescue in Vietnam.
3. suggested renewal records include: writing clearly the reason renewals renewals time, accompanied by the list of media, the force came under media and supplies, equipment, search and rescue (if available). In case of emergency can prior notice by fax, electronic mail and other communications equipment available.
4. the competent licensing authority within 24 hours from time of receipt of the application to renew the suggestion from the Consular Bureau (Foreign Affairs) is responsible for the review of records, please submit comments at the same time the agencies, relevant units. When license renewal must be notified in writing to the National Committee for search and rescue, the ministries, local relevance. In the event of renewed rejection, the Agency licensed to answer in writing and stating the reason.
Article 9. Termination of validity of licences 1. The Agency has the authority to license rights to terminate the validity of licenses were granted for the means, the force comes under foreign media on search engines, in one of the following cases: a) countries, international organizations, completed the task of searching, rescue;
b) vehicles, the force comes under foreign vehicles violates or fails to comply with the provisions in the licence;
c) there are violations, affecting security, national defence and security, social order.
2. The form of terminating the validity of the license follow the model No. 10 and 11 in the appendix attached to this circular.
3. Upon termination of the license in force, the Agency has the authority to terminate the validity of licenses must notify: a consular Bureau) (the Foreign Ministry) 2 a to inform the countries, international organizations, media forces joined the search, rescue in Vietnam;
b) national search and rescue, the ministries, relevant local knowledge and collaboration with the agencies (Bureau of immigration management-Ministry of public security, border guard command, Ministry of defence) performs the procedure, exit in accordance to the media, the force comes in the foreign media.
Article 10. End of search operations, rescue 1. After the competent authority announced the end of search operations, rescue or pause the active search, rescue, over a period of 10 working days, the competent licensing authority to coordinate with relevant agencies (the Bureau of immigration management-Ministry of public security, border guard command-Department of Defense) done exit procedures in accordance to local force, comes in the foreign media.
2. Event after the end of the search, rescue operations or halt the search operation, rescue vehicles, the force came under foreign media to stay in Vietnam according to the provisions in point c paragraph 1 article 8 of this circular, the agency responsible for licensing the national guide international organizations, participated in the search, rescue in Vietnam about the procedure of exit, entry and other necessary procedures (if any) prescribed.
Chapter III RESPONSIBILITIES of the ministries and the PROVINCIAL PEOPLE'S COMMITTEE, the CENTRAL CITY in article 11. The Ministry of transportation 1. The report of the National Committee for search and rescue on the situations of serious accidents in the transport sector to advise the Prime Minister decided to allow the media, accompanied by foreign media on search, rescue in Vietnam under the provisions of the law.
2. Direct the Department of the Agency in granting permission for the media, the force comes under foreign media on search, rescue in Vietnam.
3. The report of the National Committee for search and rescue work in collaboration, search and rescue operations with force, foreign media.
4. The agencies of the Ministry of transport of a) made the licensing provisions of this circular;
b) build and deploy methods combine the use of force, the media directly with force, foreign media during the search operation, the rescue.
5. Perform the licensing for rail transport a Vietnam railway Bureau): When licensed for search and rescue, media must inform the Vietnam register technical records of the licensed media, time, location of rail vehicles expected to gate to register Vietnam implemented the inspection of safety conditions the media.
b) Vietnam: register immediately after receiving the notice about the licensing of Vietnam railway Bureau is responsible for the layout of manpower, equipment to proceed immediately to the inspection confirmed the search, rescue vehicles eligible to join the railway traffic on the territory of Vietnam.
c) Center for disaster response and search and rescue: Vietnam rail, immediately after receiving the notice about the licensing of Vietnam railway Bureau, the Center for disaster response and search and rescue, Vietnam railways are responsible: the first machine layout, Chief of staff at the gate and enter the vehicle to pull Media Group organization abroad to place the search, conducted rescue operations, search and rescue (after the Vietnam register completed the procedures check confirmed the search, rescue vehicles eligible to join traffic on Vietnam railway), and reverse the foreign media delegation to the exit when statement authorities ended the search operation , rescue in Vietnam; layout combined with international organizations during the process of moving on the railroad and in the process of searching, rescue in Vietnam.
Article 12. The Ministry of defence 1. Hosted, in cooperation with the ministries of Defense, security guarantees when there are forces, foreign media participated in the search, rescue in Vietnam.
2. In coordination with the Ministry of transport, Ministry of Foreign Affairs and the Ministry of public security in granting permission for the media, the force came under foreign media on search, rescue in Vietnam.
3. Operations Director media licensing, the force came under foreign media on search, rescue in Vietnam according to the provisions in clause 2 6 of this circular.

4. The direction of command border guard base license granted, made immigration, exit for vehicles, the force comes under foreign media in accordance with the law; in cooperation with Coast Guard command and the forces involved make check, control, security, safety, social order when the Force joined the search and rescue, in the border area and on the waters of Vietnam.
Article 13. The Ministry of public security 1. Hosted, in cooperation with the ministries concerned made the inspection, control, security, safety, social order when foreign media, force joined the search, rescue in Vietnam under the provisions of the law.
2. Directs the implementation function forces the immigration procedure, exit under the provisions of the law for foreign forces in Vietnam joined the search, according to the rescue, search and rescue vehicles were competent authority granted the license.
Article 14. The Foreign Ministry directed the competent authorities to send the proposal of Vietnam and receiving the proposal of countries, international organizations on search, rescue in Vietnam; transfer of license records to the competent licensing authority.
Article 15. The people's committees of provinces and cities under central forces, directing local functions in coordination with the ministries concerned to do the procedure, test, control and participation to coordinate search, rescue when there are forces, search and rescue, means foreign operations in management.
Chapter IV the TERMS OF IMPLEMENTATION of article 16. Effective circular has effect as from October 1, 2015.
Article 17. Responsibility 1. Agencies, subsidiaries, branches, people's committees of provinces and cities under central authority, agency, organization, the individual concerned is responsible for the implementation of this circular.
2. During the implementation process, if there are difficulties and obstacles, the Organization, the individual reports of the Ministry of transport, Ministry of defence, the Ministry of public security, Ministry of Foreign Affairs to timely instructions./.