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Circular 3320/1997/ttlt/qp-Ng: Guide The Implementation Of Decree No. 55/cp Dated 01/10/1996 Of The Government On The Operation Of Foreign Military Vessels Visit To The Socialist Republic Of Vi ...

Original Language Title: Thông tư liên tịch 3320/1997/TTLT/QP-NG: Hướng dẫn thực hiện Nghị định số 55/CP ngày 01/10/1996 của Chính phủ về hoạt động của tàu quân sự nước ngoài vào thăm nước Cộng hoà xã hội chủ nghĩa Vi...

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CIRCULAR guide implementation of Decree No. 55/CP dated 01/10/1996 of the Government on the operation of foreign military ships into the Socialist Republic of Vietnam on 01/10/1996 the Government issued Decree No. 55/CP on the operation of foreign military ships into the Socialist Republic of Vietnam. This is the important legal documents contributed to strengthen and broaden the relations of friendship and cooperation between our country and countries in General, between the Vietnam people's army to the army of the country, the international military organization in particular, is the legal basis for the protection of national sovereignty and strengthen the management of the sea , the port of the Socialist Republic of Vietnam.
To manage the activities of foreign military vessels and crew on board, the Defense Ministry, the Foreign Ministry of unification guidelines implementation Decree 55/CP as follows: i. GENERAL PROVISIONS 1-foreign military Ships into the Socialist Republic of Vietnam stated in Decree 55/CP including : surface ships, submarines, auxiliary ship belonging to the armed forces of a country or an international military organization is the State of the Socialist Republic of Vietnam to allow Vietnam to the port.
2-the visit include: a) official visit is a visit by the head of State to visit the Socialist Republic of Vietnam by a military vessel in response to the invitation of the State of the Socialist Republic of Vietnam.
b) social Visits is the visit aims to maintain, develop the relations of friendship between the people and the military forces of the two countries or between the Socialist Republic of Vietnam to the international military organization or the visit that the two sides agreed not to visit specified in section a of this point.
c) regular Visits is to visit military exercise, training or other work conducted under the provisions of the agreement has been signed between the Socialist Republic of Vietnam to the nation, the international military organization ship visit (if agreement not otherwise specified) or the visit aims to provide , receiving supplies, technical equipment, fuel, food, or food for the crew to rest.
3-foreign military Vessels and on board members to visit Vietnam to respect the independence, sovereignty of Socialist Republic of Vietnam, in compliance with the provisions of the law of international treaties, Vietnam Vietnam has signed or join and make the content that the two parties have agreed to the visit , and must follow the guidance of the State management agency specialization of Vietnam.
 
II. procedure for REQUESTING PERMISSION to VIETNAMESE PORTS 1-on procedure: a) for official visit: slow for 15 days prior to the scheduled cruise ships into the port, country, international military organizations have visited the train must inform the Ministry of Foreign Affairs (Consular Department) of the Socialist Republic of Vietnam to content related to the visit that the two sides had agreed upon.
b) time for permission for the delegation to visit by foreign military vessels in the port of Vietnam under the agreement has been signed between the Government of the Socialist Republic of Vietnam to the nation, the international military organization concerned to follow the provisions of the agreement mentioned above.
c) for social visits, visits usually (except in cases stated in section b) Nations, the international military organization delegation visit by military ship must have the same declaration sent to the Ministry of Foreign Affairs (Consular Department) or diplomatic missions, Consulate of Vietnam in the country at the latest 30 days before scheduled to ship into the harbor.
d) content model declarations attached.
e) after being allowed to visit, 48 hours before the ship went into Vietnam territorial, national, international or military organization/Group Chief captain must inform the Foreign Ministry of Defense Bureau to organize, at the same time keeping in touch with port where cruise ships arrive according to the frequency of contact. The foreign Bureau of Ministry of Defense is responsible for immediately notify Consular Affairs Bureau, to steer the Organization to welcome.
The case on board there is a change in content has been agreed upon in previous declarations, the head of the delegation, the captain must notify the Consular Bureau, Ministry of Foreign Affairs (if the official visit) or inform the foreign Bureau of Ministry of Defense (for regular visits, social visit) to resolve before the ship into the harbor.
g) When coming to Vietnam to territorial, foreign military ship to comply with the provisions of article 7 of the Decree 55/CP and the regulation of maritime management in ports and maritime areas of Vietnam.
2-When foreign military ships into the Harbor, the ship's communications officer must contact the liaison officer of the Organizing Committee at the port to welcome the activities desk. Private boats make regular visits, visiting engineering beans; the ship's communications officer should contact the port service to ensure the content requirements have been agreed upon in advance.
 
III. ACTIVITIES of the BOARD and ITS MEMBERS on BOARD 1-operation of the ship in the port of Vietnam: a) in compliance with the provisions of the law of Vietnam, the direction of the port of entry procedures location, exit; walking, anchorage, Harbour Bridge, leaving the wharf, port access, unloading and receipt of goods; about contact information, security, fire, environmental pollution ... in time the ship made the visit.
b) When moored at the port, the use of other means on board to go back to get the consent of the head of the Organizing Committee to welcome; Head of the Organizing Committee welcomes will immediately notify port and frontier port gate said.
c) All operations are done according the program agreed; If any problems arise Group Chief/captain must inform the chief organizers welcome to approval.
2-operation of the members on board: a) members on board are taking the banks after they have completed the entry procedures; Frontier port gate based on the application of Bank Group Chief/ride captain to license to go ashore for the members of the delegation. When the Bank travels according to the delegation, grouping; military personnel must wear uniforms; not to carry weapons, (unless a marching rehearsal, according to planning programs) and be subject to the direction of the frontier gate of the port and the local authorities.
b) when asked to visit, travel planning programs, the head of the delegation, the captain must have the application sent to the head of the Organizing Committee to welcome; application must specify the composition, number of crew, locations, time, transportation and must ensure that all costs. The request is only made after the Vietnam Defence Ministry approval.
3-foreign military Ships made regular visits to receive material, technical equipment, fuel, food, food ... After you have completed the entry procedures, the captain contacted Port service to ensure the request according to the agreed content through the service agents at the port and to the full implementation of the procedure of customs , the other provisions of the law of Vietnam. Naval command are responsible together with the provincial Foreign Affairs Agency where the ship into the port to welcome the next coordination right content agreed.
 
IV. The RESPONSIBILITY of the COMPETENT AUTHORITIES, the LOCAL GOVERNMENT where the SHIP to VISIT 1-Ministry of Foreign Affairs: a) Transfer function to announce the invitation of State of the Socialist Republic of Vietnam to the country, the international military organization in relation to the official visit.

b) receiving The function of these Nations, international military organization requesting permission for the delegation to visit Vietnam. Based on the actual situation, the purpose, the nature, content, of the visit and the relationship between our country with national, international military organization has the visit to the Government decision. Before submission to the Government, the Foreign Ministry held opinions of the Ministry of defence, the Ministry of Industry, local, relevant to the visit.
c) inform national, international military organizations have permission to ship visits Vietnam: the decision of the State of the Socialist Republic of Vietnam on the licensed content, program work plan of the delegation in Vietnam, head of reception of Vietnam and the Vietnam national flag hanging on the train.
d) in collaboration with the Ministry of defence in implementing the operations and the proposed establishment of the Committee for the welcome the official visit.
DD) to solve the problems in the process of delegation made the visit.
e) perform other duties assigned by the Government.
2-the Department of Defense: a) The Government decision and implementation of the Government's decision on whether to welcome the visit, regular visits of the Nations, the international military organization delegation visit to Vietnam by a military ship;
b) propose to the Government on the establishment of the Organizing Committee after receiving the opinion of the Ministry of Foreign Affairs, The relevant provincial people's Committee, where the ship docked; the announcement of the Government's decisions about assigning responsibility for the ministries, relevant local to ensure implementation of the visit at the latest not more than 7 days prior to the pick-up point charged Navigator;
c) Steering Committee, the competent authorities of the relevant provincial people's Committee, where the ship docked on the coordinated implementation of the front desk operations, necessary rituals to welcome, farewell to foreign military ships made the visit and solve the problems arising in the process of implementation of the visit;
d) participated commenting to the Foreign Ministry of the Government decided against the official visit at the invitation of the State of the Socialist Republic of Vietnam;
DD) the urge to check the work of the preparation and implementation of the plan of the organizers welcome of the local ministries, where the delegation visited;
e) procedures for entry, exit for ships and the members on board;
g) manages all activities of foreign military vessels and members on board in the process made the visit in Vietnam.
3-local government: a provincial people's Committee) where the train to visit based on the decision of the Government, the direction of the Ministry of Defense, Ministry of Foreign Affairs to steer the relevant sectors under the jurisdiction of organization made the catch, followed, and ensure the safety of people, means for implementation during the visit.
b) provincial people's Committee where the train to visit can mobilize people, the media unit of the agencies involved in Dafang farewell and ensure security for the delegation during the visit.
4-the Organizing Committee and liaison officer: a) The welcome the official visit made by State ceremonies prescribed in Decree 188/dated 8/6/1992 of the Council of Ministers (Government) of "regulated some State ceremonies and foreign guests".
b) for social visits, the Committee welcomed the establishment by the Ministry of defence.
Components include: a representative provincial people's Committee where the delegation to visit; Consular Bureau, front desk Service (Foreign Affairs); Department (Board) of foreign service in the delegation have visited; Foreign Bureau, border defense command, the naval command. (Department of Defense), communications officer appointed by the Ministry of defence.
The duties and powers of the Committee welcomes: the organizers welcome was formed to pick, forward, sending the delegation to visit Vietnam and disbanded the group after the end of the visit.
The construction organization plan the shuttle program, group practices, marketing; ensure the necessary funds for the implementation of the mission.
Coordinated with the authorities, to guide the implementation of program plans to ensure operation of the Corps.
Reception menu proposed by the Union to handle or the Department of Defense report to resolve the arising during the implementation of the visit.
Report the results of the visit of the foreign Department of the Ministry of Defense to the Department of Defense reported to the Government.
The members of the Board activities as assigned by the head of Department and according to the functions and tasks of the Agency, its units assigned.
5-the Ministry of Defense, Ministry of Foreign Affairs has the responsibility to help the provincial people's Committee Steering Committee welcomes done right the program planning the visit of foreign military ships in Vietnam according to the authority.
 
V. PROCESSING of VIOLATION 1-for the train: foreign military Ship visiting Vietnam violated the law will be dealt with according to the law of Vietnam, except in the case of international treaties to which Vietnam signed or otherwise.
2-for members on board: All Vietnam law violations are dealt with according to the law of Vietnam, unless the international treaties to which Vietnam has signed or otherwise.
3-national, international military organization that ships carrying the flag to bear the responsibility for any damage that the ship, the members on the Board.
Head of the delegation, the captain is responsible for the consequences due to violations of the laws of Vietnam members on board in time made the visit in Vietnam.
4-breach processing authority made in accordance with the law of Vietnam.
 
VI. IMPLEMENTATION 1-Ministry of Defense along with the Foreign Ministry instructed provincial people's Committee where the ship visit and the ministries, relevant local to coordinate implementation of this circular.
2-Department of Defense coordinated with the ministries, the provincial people's Committee where the ship visit to ensure implementation of the visit; at the same time General Government reports about the results of the visits by foreign military ships in Vietnam.
3-provincial people's Committee where the train to visit create all favorable conditions to the Organizing Committee welcomes completion of assigned tasks.
4-this circular effect after fifteen days from the date of signing.
 
 
A FOREIGN MILITARY VESSEL to VISIT the SOCIALIST REPUBLIC of VIETNAM (attach function on) CLEARANCE FORM OF FOREIGN WARSHIP VISITING THE SOCIALIST REPUBLIC OF VIETNAM (Enclosed with Note No. dated) 1-ship name, type of ship, the number of ship/Name, type and registration number of ship:............................................................
2-Where to register, Place of registration:............................................................
3-HP, Coral, speed/Call sign, horse power, maximum speed:............................................................
4-maximum length, Maximum length:............................................................
5- Chiều rộng/Width:
............................................................
the 6-volume/Capacity:............................................................
7-Port of departure/Port of departure:............................................................
8-Port next/Next port call:............................................................
9-form of visit, Purpose of visit:............................................................
10-the hanging form the flag/the Flying of the flag (s):............................................................
11-name, rank, the position of the head of the delegation, Captain:-Name, rank, title of the Head of delegation/Captain:............................................................
the 12-member on board/Crews list: +/Officers officer:............................. Ha +/officers Non-commissioned officers:........ + soldiers, Soldiers:............................
13-the others along the journey, Accompanying people:............................................................

14-Media/Communication means:............................................................
15-contact frequency/Frequencies:............................................................
16-number of weapons and other military equipment on board:-the Amount of weapon and other military equipment on board:............................................................
17-hour ship expected to pick-up points charged Navigator:-Expected time of arrival at the points of pilot pick up and return:............................................................
18-Port to visit/Proposed anchorage:............................................................
19-time stay parked, Time of anchorage:............................................................
the 20-Day left port/Expected date of departure: 21-program operations, membership on the Board:-Programme of ship/crews/accompanying people:................................................................................................................................................................................................................................................
22-the goods on Board (if any)/Cargo (if any):............................................................
23-the proposal receiving fuel, food, food/Request for fuel, food:............................................................
24-other suggestions/Additional/special request:............................................................
Done at date Done at on (seal/Seal)