Pursuant to the law enacting legal documents in 2008;

Pursuant to the law of electronic transactions in 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;

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;

Pursuant to decision No. 22/2011/QD-TTg dated April 15, 2011 of the Prime Minister on the implementation procedure of pilot electronic border ports;

Proposal of the Commander of the border guard;

The Minister of national defence guide pilot electronic border formalities, seaport as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guides pilot procedures for electronic border ports; border checks during and after completion of the procedure of electronic border ports.

Article 2. Application object 1. The port gate border units specified in article 3 of decision No. 22/2011/QD-TTg dated April 15, 2011 of the Prime Minister on the implementation procedure of pilot electronic border ports (here written as decision No 22/2009/QD-TTg);

2. Ship owners, ship managers, who mined the ship or person authorized to register to join the pilot implementation of procedures electronic border ports (hereinafter referred to as the procedures);

3. Boat Vietnam entry, exit; Ship, boat, boat foreign entry, exit, transit, transfer ports in the ports (including the ship for exploration, mining, oil and gas services operated off) due to the port gate border units specified in clause 1 of this article.

This circular does not apply to vessels fishing foreign boats, ships, Vietnam shifted away from the gate of the port pilot procedures for electronic border ports to the gate of the port not yet piloted the procedure electronic border ports; boat of agencies, organizations, foreign individuals are entitled to privileges, immunities in accordance with the law; the ship run by the country's Atomic Energy; military ships, ships in the marine police force abroad to visit, repairs, perform other activities in the Socialist Republic of Vietnam.

Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The procedure of electronic border sea port is the port gate border units and the procedure declarations, receiving, processing information and accurately quote the complete procedure of border ports for ships , boat, boat park entry, exit, transit, transfer the port through the electronic portal border.

2. electronic portal border is the focus point, the only one on the network environment, integrate the information, applications and services, catering to the implementation procedure of electronic border ports through the internet.

3. data processing system for electronic port border system is the equipment, software and databases by the border guard command centralized management, unified, used to perform electronic border ports.

4. Declare the procedure of electronic border ports is the person doing the procedure to declare the required information on the affidavit of application for electronic frontier seaport to seaport border procedures for ships, boats, boat park entry, exit, transit and transfer the port through the electronic portal border.

5. Accurately report completed the procedure of electronic border port is the port gate border units confirm the complete procedure of border ports for ships, boats, boat park entry, exit, transit, transfer ports for the procedure through the electronic portal border.

Article 4. The sample expression in the record electronic border ports and the related supplementary form 1. The sample expression in the record electronic border ports to follow the content Item 1 in the appendix to this circular.

2. The supplementary forms related to the procedure of electronic border ports to follow the content category 2 in the appendix to this circular.

Article 5. Management of extraction, use of information related to the procedure of electronic border ports 1. The Commander of the border guard administration implementation, handle the entire data, information relating to the procedure of electronic border ports serve the task of border guard; grant the account access to the electronic portal of border guard for the border units of the port gate where pilot implementation procedure of electronic border ports.

2. The procedure of electronic border ports are posted on the electronic portal of the border guard;

3. The border port gate unit where pilot implementation procedure of electronic border ports account level access to the electronic portal of border guard for the procedure after the reception, review, approval and registration procedure for pilot implementation of electronic border ports of the procedure; access account again in case the procedure cannot log the electronic portal of the border guard; gain access to the electronic portal of the border guard to receive, inspect, handle the procedure declaration information in electronic sea port border and determined the complete procedure press the electronic border ports.

4. The procedures for the account to be granted access to the electronic portal of the border guard to declare the procedure of electronic border ports and the exchange of related information other than the gate border port; receiving the notice the feedback of the port gate border where pilot implementation procedure of electronic border ports.

Article 6. Information security related to the procedure of electronic border ports 1. The procedure of electronic border ports must bear responsibility for the information provided on the network, to the protection and responsible use of the password to access the information, the procedure of electronic border ports.

2. The Commander of the border guard is responsible for the safety of all data, information about the procedure of electronic border ports. Maintenance, data backup is performed on the server due to The Commander of the border guard administration.

3. The border port gate unit where pilot implementation procedure of electronic border ports will only use the personal information of the person doing the procedure to determine the exact identity, legal personality of the person doing the procedure serves to level your account to access the electronic portal of border guard and require professional management; not provided, to share the personal information of the person doing the procedure to third parties, except with the consent of that individual or of other provisions of the law;

The border units of the port gate where pilot implementation procedure of electronic border ports are used, the share for the State administration at the port of report information related to ships, crews, passengers, goods of the person doing the procedure to do the procedure for ships Vietnam boat, entry, exit; ship, boat, boat foreign entry, exit, transit, transfer ports in the port gate where pilot implementation procedure of electronic border ports.

Article 7. Handle complaints and violations, accusations made in the procedure of electronic border ports


1. The organization, individuals are violations of the rules of procedure declarations made electronic border ports, depending on the nature and extent of the violation will be sanctioning administrative violations or suspended participation in the pilot implementation of procedures electronic border ports If the damage is compensated according to the provisions of the law.

2. Officers, border guard soldiers there are violations of the rules of procedure for pilot implementation of electronic border ports, depending on the nature and extent of the violation will be punished according to the provisions of article management commands the team of Vietnam people's army If the damage is compensated according to the provisions of the law.

3. Complaints, accusations and complaints, accusations in the pilot implementation of procedures electronic border ports, be made under the provisions of the law on complaints and denunciation.

Chapter II PROCEDURES for ELECTRONIC BORDER PORTS article 8. Register to join the pilot implementation of procedures electronic border ports Who do the procedure must be registered in writing made the procedure electronic border ports to follow form in Appendix to this circular. Within 3 working days from the date of receiving a register to join the border gate, the port must have a written answer agree or do not agree to follow the forms 13, 14 in Appendix to this circular.

Article 9. The time limit for implementing procedures 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 procedure profile electronic border ports.

Time to start implementing procedures electronic border ports is determined from the time of data processing systems, electronic border receiving full information needed by the person who made the Declaration, sent to.

2. 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 report accurately completed the procedure of electronic border ports. Time determine the complete procedure of electronic border sea port is the port gate border point to send confirmation of completion of the procedure of electronic border ports for the person doing the procedure through the electronic portal border.

After completion of the procedure of electronic border ports and the procedure of the State Management Agency specialized in the port, ship, boat, switch port to be carried folded, unloading and other activities according to the program, the plan; crews in the boat that was to go ashore. Walking the shores of boatmen made as prescribed in article 18 Decree No. 50/2008/ND-CP on April 21, 2008 on the management of Government, security guard, order at the port gate.

3. Slowly for 2 hours after the boat docked at the wharf; slowly for 4 hours after the boat docked safely on the River, the Gulf in port waters, the procedures to apply for gate border port;

For the ship, boat exploration, mining, oil and gas services off, slowly for 2 hours from the time the boat reached the shore, the procedures to apply for gate border port;

4. where the boat had no change on the journey, the boat, the passengers (if present), do not violate the provisions of the law of Vietnam, after the boats left port, slowly for 2 hours for the boat moored at the jetty, slowly for 4 hours for the boat moored on the River, the Gulf of who do the procedure to file paper records for the port gate border.

5. for ships, offshore boat switch port, the port moved to the middle of the harbor pilot electronic border formalities, seaport border profile boat transfer to port was established in the form of electronic records and transfer via data processing system electronic border information , after completion of the procedure of electronic border ports for ships, boats, people who do not ship paper submission, boat transfer to port for the port gate border.

The case has shifted the boat license type by Harbor gate border granted for ships, boats, crews, passengers have the value used in the port to or have text records the incident involving the vessel, sailing, crew, passengers on board the need to port gate border to handle the border gate, the port goes to the record-setting boat port transfer paper records to follow by ship to the port gate to the border. At Harbor gate, slowly for 1 hour before the boat left the port, the procedure is to port gate border defense headquarters to receive paper records of the ship, the boat moved to port, delivered to the captain to move to the border gate to the port. At the gate to the port, slowly for 2 hours for the boat moored at the jetty, slowly for 4 hours for the boat moored on the River, the Bay, the procedures are the filing of paper boats, boat transfer to port for the border gate to the port.

6. for ships, offshore boat transfer from the gate to the port to port not yet piloted the procedure of electronic border ports to the gate of the port pilot procedures for electronic border ports, slowly for 2 hours after the boat docked at the wharf; slowly for 4 hours after the boat docked safely on the River, the Gulf in port waters, the procedures are the filing of paper boats, boat transfer to port for the border gate to the port.

Article 10. The location made the procedure electronic border ports 1. Cases of force majeure (natural disasters, fire, interrupt the line due to the service provider) who filling not possible to declare the procedure of electronic border ports through the electronic portal to declare border and receiving confirmation of the completion of procedures electronic border ports directly at the port gate border headquarters;

2. Location of receiving confirmation and declaration procedures are complete electronic border ports to be made at the port gate border defense headquarters.

Article 11. Declare the procedure of electronic border ports 1. When declaring the procedure of electronic border ports, the procedure must use the electronic version follow the model No. 1, 2, 3, 4, 5 in the appendix to this circular, the electronic portal at the border; the declarations are complete, accurate and responsible before the law for the content.

2. where the recipient is asked to declare the border back from the gate of the port, the procedure must follow instructions and additional amendments at the request of the port gate border.

3. After 12 hours from the time of the full affidavit submitted electronically should declare for the port gate border that has not received feedback, the person doing the procedure to notify the port gate border where the procedures of electronic border ports to check handling.

Article 12. Receive and process the information reporting and implementation procedure of an electronic border ports


1. The procedure of electronic border ports be made 24 h/24 h of the day. Cases of force majeure (natural disasters, fire, interrupt the line due to the service provider), the border port gate can not perform the procedure of electronic border ports through the electronic portal border the border formalities for ships, boats, crews made under the provisions of Decree No. 50/2008/ND-CP on April 21, 2008 on the management of Government , security guard, order at the port gate.

2. On the basis of the results of analysis of information data processing system electronic information border, combined with other information sources, the border gate of the port to accept or not accept the implementation of the procedure of electronic border ports for ships, boats, crews and must immediately notify the person doing the procedure to perform and the State administration specialization at the port, to perform.

3. Confirm the complete procedure of electronic border ports or refuse to perform the procedure of electronic border ports are port gate border post via data processing system electronic border or in writing in the case of non-reception are in electronic format (text must be signed , specify a name, the person responsible). In the notice of refusal procedure implemented electronic border ports must clearly state the reason and the port gate border measures applied handle.

4. Confirm the complete procedure of electronic border ports, repair requests, additional content to declare the border procedures and notified rejection perform electronic border ports to follow the form 7, 8, 9, and 11 in the appendix to this circular.

5. Boat, switch port goes after the report was finished the procedure of electronic border ports, where there is a change of itinerary, the boat, the passengers (if any) or violation of the provisions of the law of Vietnam must handle it must redo border procedures.

6. The case of the ship, boat signs violate the provisions of the law of Vietnam; boat people fled on board; content of information declared incomplete, incorrect, the port gate border refused to perform the procedure of electronic border ports, while conducting border formalities for ships, boats, boat staff as stipulated in Decree No. 50/2008/ND-CP on April 21, 2008 on the management of Government , security guard, order at the gate and check directly at the ship;

The denial made the procedure electronic border ports by the Commander of the border units of the port gate where pilot implementation procedure of electronic border ports decided to follow form 15 in Appendix to this circular.

Article 13. Fix, additional declarations in the record electronic border ports 1. The procedure is done the repair, addition of content declared on the affidavit of records electronic border ports in the following cases: a) the slowest 12 hours from the time sent the affidavit to the port gate, the border check auto detect the flaws and recommended repairs additional information content, has declared to follow form 10 in the appendix to this circular;

b) after declaring the procedure of electronic border ports, because of objective reasons that the new procedures to update the information that it needs additional declarations or the information must declare by regulation, but arises after the time of completed procedures of electronic border ports to follow form 10 in the appendix to this circular.

c) at the request of the repair, addition of content to declare the procedure of border gate border port.

2. When repairs, supplements the procedures follow the content of point a, b paragraph 1 of this article and shall specify the reason for repair, Supplement.

3. Handle the repair records, supplement a) border gate of the port decided to accept to allow repairs, additions via check, verify, clarify the reason suggested for repair, addition of the procedure;

b) affidavit and affidavit before the repair, additions are saved in a data processing system electronic border ports to serve as a basis for the examination, reference, determine the authenticity of the declaration procedure records electronic border ports.

Chapter III BORDER CHECKS DURING and AFTER COMPLETION of the PROCEDURE of ELECTRONIC BORDER PORTS article 14. Test subjects 1. Border electronic records and paper records.

2. the actual staff on board the Boat and your Passport, travel documents passport replacement value of the boatmen.

Article 15. The form and extent of checks during and after completion of the procedure of electronic border ports, the port gate border is applied to the form and level of the following checks: 1. Check the electronic border profile ports through the system of electronic data processing border; check, collate the information declared in the record electronic border ports with paper records filed by the person doing the procedure after the completion of border formalities and electronic passport, valuable papers instead of the passport of the crews through to go to shore to detect and handle cases of violation of provisions of the law.

2. Check for irregular directly at the ship to collate the content have declared in the profile of electronic border ports with fact or ask the person doing the procedure to produce passport, valuable papers instead of the passport of the boat after completion of the procedure of electronic border ports to assess the level of compliance with the law of the object border checks.

3. check directly on board when the ship, boat, boat, passengers (if any) signs violate the law, the boat people fled on board, the information declared on the ship, boat, boat, passengers (if any) is not complete, not correctly to handle according to the provisions of the law.

Article 16. Jurisdiction to decide the form, check the level on the basis of the results of analysis, evaluation procedure declaration information electronic border ports of data processing system of electronic border and other information sources, the Commander of the border units of the port gate where the implementation of the procedure of electronic border ports decided to form check level, or change the form, check the levels follow the content item 2, 3 article 15 of this circular.

Chapter IV IMPLEMENTATION article 17. The pilot phase of the procedure of electronic border ports 1. Stage I make in 1 year from the date of 09/06/2011 (decision 22/2011/QD-TTg of effect execution): a) 3, top: Organization of information propagation pilot electronic border procedures for organizations and individuals involved in the provinces, central cities have chosen port pilot procedures of electronic border ports; construction of electronic portal border serves make piloting procedures of electronic border ports; the construction and enactment process procedure of electronic border ports;

b) next month: register to join the deployment pilot implementation procedure of electronic border ports to organizations, individuals and organizations make pilot electronic border procedures at the port 7 port gate border units specified in article 3 of decision No. 22/2011/QD-TTg.

2. Phase II implementation in 12 years (since the end of the phase I): a) first: the profile, experience withdrawal, the Prime Minister's report the process of implementing procedures for pilot electronic border ports in phase I;


b) 6 months later: improving the process to summarize the 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 18. Implementation 1. The Commander of a border guard), in collaboration with agencies, organisations implementing this circular;

b) directed border guard command of the province, the city has a port gate border unit piloted the procedure electronic border ports, in collaboration with the Department of Justice and related functions, advised the people's committees of provinces and cities holds Conference decision No 22/2009/QD-TTg and this circular to the level , the local industry; advocacy organisation, popular in the business community of transport; organizations and individuals involved, encourage and support enterprises, organizations, individuals involved in the pilot implementation of procedures electronic border ports;

2. the port gate border where the pilot electronic border procedures a seaport), in collaboration with the State Management Agency specialized in ports in the pilot implementation of procedures electronic border ports. The receiving organization and procedures for registration of enterprises, organizations, individuals involved in the pilot implementation of procedures electronic border ports;

b) provides software, forms; installation instructions, reporting information for people who do join the pilot implementation of procedures electronic border ports;

c) provided, to share information concerning the ship, boat, crew procedures for electronic border ports for the specialized State agencies at ports to the same coordination; organize data transmission line connected with the State Management Agency specialized in ports where pilot implementation procedure of electronic border ports (if required);

3. The State Management Agency specialized in ports where pilot implementation procedure of electronic border port a) to coordinate, create favorable conditions for border port gate in the pilot implementation of procedures electronic border ports;

b) provided, to share information related to the field of security, order for ships, boats, crews, passengers, cargo for gate border port;

c) in collaboration with the port gate border in dealing with the breach of the boat, crew, passengers and the organizations and individuals in and outside the country concerned (when required).

4. organizations and individuals participated in the procedure declaration, electronic border ports.

Strictly the provisions of decision No. 22/2011/QĐ-TTg, the contents of this circular guidelines and the provisions of relevant laws.

Article 19. Effect 1. This circular effect after 45 days from the date of signing.

2. During the implementation process if there are obstacles, agencies, units and individuals concerned timely reflection on the Department of Defense (through the border guard command) to consider and resolve.