Nghị định 104/2012/ND-CP

Decree No. 104/2012/ND-CP of December 05, 2012, on foreign naval ships making visits to the Socialist Republic of Vietnam

Nội dung toàn văn Decree No. 104/2012/ND-CP on foreign naval ships making visits to the Socialist


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 104/2012/NĐ-CP

Hanoi, December 05, 2012

 

DECREE

ON FOREIGN NAVAL SHIPS MAKING VISITS TO THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Law on Government organization dated December 25th 2001;

Pursuant to Vietnam Maritime Code dated June 14th 2005;

Pursuant to the Law on Vietnamese sea dated June 21st 2012;

Pursuant to the Law on National Security dated December 03rd 2004;

Pursuant to the Law on National border June 17th 2003;

Pursuant to the Law on Customs dated June 29th 2001 and the Law on amending and supplementing a number of articles of the Law on Customs dated June 14th 2005;

Pursuant to the Ordinance on the entry, exit, and residence of foreigners in Vietnam dated June 28th 2000;

Pursuant to the Ordinance on the management and use of weapons, explosives and supportive gadget dated June 30th 2011;

At the proposal of the Minister of National Defense

The Government issues ad Decree on the foreign naval ships making visits to the Socialist Republic of Vietnam

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree deals with the activities of foreign naval ships that visit the Socialist Republic of Vietnam (hereinafter referred to as foreign naval ships that visit Vietnam; the licensing, entry, exit, and transit procedures; the inspection and supervision of the activities related to the foreign naval ships that visit Vietnam.

Article 2. Subjects of application

1. This Decree is applicable to the foreign naval ships that visit Vietnam and the crew thereon, the Vietnamese State management agencies, the organizations and individuals relevant to the activities of the foreign naval ships that visit Vietnam.

2. The regulations of this Decree are also applicable to the public service ships equipped with military weapons of some countries, territories; ships of international military organizations that arrive at Vietnam for visiting, repairing, or doing other activities.

3. In case the regulations of this Decree contradict the International Agreements to which the Socialist Republic of Vietnam is a signatory, such International agreements shall apply.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. A foreign naval ship is a ship belonging to the armed force of a country and bear a sign that express its nationality, commanded by an naval officer that serves such country, and his name is in the list of officers or an equivalent documents; operated by a crew under military orders and discipline.

2. Foreign naval ships that visit Vietnam are foreign naval ships that arrive at the territorial sea, inland waters, and ports of the Socialist Republic of Vietnam for visiting, repairing, and doing other activities.

3. Foreign naval ships that make official visits to Vietnam are foreign naval ships that take heads of states to visit Vietnam at the invitation of the Socialist Republic of Vietnam in order to strengthen friendly relations among the States.

4. Foreign naval ships that make casual visits Vietnam are foreign naval ships that visit Vietnam for the purpose of strengthening the friendly relation between the people and the armed forces of the States.

5. Foreign naval ships that make usual visits to Vietnam are the foreign naval ships that visit Vietnam for cooperating in the training; providing technical materials and military equipment; resupply fuel and food, or giving the crew a break.

6. Foreign naval ships that come to Vietnam for repairing are foreign naval ships being repaired at Vietnamese ports under contracts with the Vietnamese enterprises licensed to repair ships.

7. Foreign naval ships that come to for other activities are the foreign naval ships that come to Vietnam for humanitarian activities; search and rescue activities, maritime metrology and survey activities; searching for remains; general patrol, pirate prevention, and some other professional activities according to the agreement between Vietnam and the countries that have such ships.

8. Public services ships are specialized ships used for fulfilling the public services of the State, not for commercial purposes.

9. Military weapons include:

a) Small firearms are weapons designed for personal use, including handguns, rifles, submachine guns, assault rifles, and other kinds of guns that have similar features and effects;

b) Light weapons include machine guns, mortars under 100mm, recoilless rifles, anti-aircraft guns under 23mm, grenade launchers, personal anti-tank rockets, anti-aircraft shoulder-launched missiles, and other light weapons that have similar features and effects;

c) Bombs, mines, grenades, bullets, torpedoes, naval mines, and firearms;

d) The weapons not in the list of weapons made by the products but have similar features and effects as military weapons.

10. Activities of foreign naval ships at ports are their entering, exiting, staying, and moving from one anchoring position to another, and doing the activities according to an agreed program during the visit or repair at the ports where they anchor.

11. The crew on a foreign naval ship are the chief commissioner (if any), the captain, the sailors, and other people on the ship.

12. A port is an area include the port land and port waters, having infrastructures and equipment for ships to enter, exit, load, unload, pick up and drop passengers, and provide other services.

Port land is a limited area of land for building piers, warehouses, depots, workshops, offices, service facilities, traffic system, communication system, electricity, water, other ancillary works, and equipment installation.

Port waters is a limited area of water in front of the piers for turning around, anchoring, transshipping, sheltering, piloting, quarantines, navigation channels, and other ancillary works.

A port has one of multiple wharfs. A wharf has one of multiple piers. A wharf includes piers, warehouses, depots, workshops, offices, service facilities, traffic system, communication system, electricity, water, other ancillary works. A pier is a fixed structure of the wharf, used for anchoring, loading, unloading goods, picking up and dropping passengers.

13. Naval ports are the ports managed by the Ministry of National Defense, and operated under the military regulation.

14. The specialized State management agencies at a port include the port borderguard, the port customs, the port authorities, international health quarantine agency, and the animal and plant quarantine agency

15. The person in charge of the procedure is the captain, the chief commissioner, or an authorized person.

16. Disengaging weapons is making weapons not ready to be used (locking the range and direction of weapons, cutting the power supply for the weapon system, removing the ammo from the platform, remove ammunition from the platform, the ammunition belts, and the magazines)

17. Weapons under storage are weapons that might be used but there is no ammunition on the ammunition belts and magazines.

Article 4. The overall rules for foreign naval ships that visit Vietnam

1. Foreign naval ships that visit Vietnam must be licensed by competent State management agencies of Vietnam prescribed in this Decree.

2. Foreign naval ships that visit Vietnam must comply with Vietnam’s laws and this Decree, unless otherwise agreed between the country that has the ships and the competent State management agencies of Vietnam in a diplomatic manner before the ship arrives at Vietnam.

3. The activity schedule of the ship and the crew thereon must be consistent with the agreed plan. The changes that arise must be permitted by competent State management agencies of Vietnam.

4. When foreign naval ships arrive at Vietnam’s territorial sea before entering a port:

a) Submarines and other underwater vehicles must emerge from the water and raise its national flag, unless otherwise permitted by the Vietnam’s Government or agreed between the Vietnam’s Government and the Government of the country of which the flag is raised by such ships;

b) The ship body must bear its name and number;

c) All weapons must be disengaged or in storage;

d) Stop at the pilot station for carrying out entry procedures and follow the instruction of the Vietnam’s port authority and pilots;

dd) Only use the equipment necessary for the maritime safety and the registered radio frequency;

e) Arrive at the correct port using the correct routes and corridors.

5. A foreign naval ship that arrives at the Vietnam’s territorial sea must raise the national flag of the Socialist Republic of Vietnam at the same level with that of the country that has such ship. When a foreign naval ship wishes to raise a ceremonial flag, mourning flag, or blow a whistle on their country's holidays, the captain or the chief commissioner must ask for the permission from the port authorities or competent authorities at the port or the naval port where it is anchoring.

6. A foreign naval ship in Vietnam that wishes to move from one port of Vietnam to another (transit) must specify that in the diplomatic note and the declaration (form 1 or form 2) and obtain the written approval from the Ministry of National Defense.

Article 5. The acts of foreign naval ships that are prohibited when visiting Vietnam

1. Commit the acts that infringe the independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam.

2. Collect intelligence and commit other acts that harm the national security and social order and safety of the Socialist Republic of Vietnam.

3. Transport mass destruction weapons, radioactive substances, chemical poisons, biological poisons, and drugs.

4. Disseminate and spread documents and materials without the permission from competent agencies of Vietnam.

5. Organize sponsorships and humanitarian aid without the permission from competent agencies of Vietnam.

6. Let people, goods, and vehicles of the ship inconsistently with Vietnam’s law on the entry, exit, export, and import, unless for the purpose of helping victims, but the competent State management agencies at the port must be notified right after that.

7. Launch, receive, or load any vehicle or military weapons without the permission from competent State management agencies of Vietnam.

8. Commit illegal acts of surveying, measuring, fishing, trading, interfering the communication system, radar, or obstructing the traffic.

9. Pollute the environment, damage the equipment and constructions on the sea and at the port.

10. Use divers or other underwater apparatuses before the permission from competent agencies of Vietnam.

11. Come alongside other ships or enter prohibited areas without permission.

12. shoot pictures, videos, draw plans in prohibited areas.

13. Disturb the public order, obstruct or oppose the jobs of Vietnam’s authorities.

14. Commit acts of training, maneuvers, rehearsals, and performances using weapons, flying vehicles or military apparatuses without the permission from competent State management agencies of Vietnam.

15. Commit other acts prohibited by Vietnam’s law.

Article 6. Licensing, inspecting, and supervising organizations and individuals relevant to the activities of foreign naval ships that visit Vietnam

1. All organizations, individuals, and vehicles of Vietnam and other countries (except for the officers, employees, and vehicles of State management agencies at the port or military port performing their duties) that enter, exit, and operate within the areas where foreign naval ships are anchoring; disembark from foreign naval ships for working or doing other activities, come alongside foreign naval ships while they are anchoring at the port, naval port, inland waters, or territorial sea, must be licensed by competent agencies.

2. The organizations, individuals, and vehicles prescribed in Clause 1 this Article:

a) Are only licensed when doing the activities in the official schedule of the foreign naval ship, or the captain/chief commissioner of the foreign naval ship asks or approves in writing.

b) Comply with the inspection and supervision carried out by specialized State management agencies at the port, naval port, and by other relevant functional forces.

Article 7. The rules and authority to handle violations committed by foreign naval ships that visit Vietnam

1. Foreign naval ships that visit Vietnam that visit this Decree and other regulations of Vietnam’s law shall be handled in a diplomatic manner based on Vietnam’s law or the International Agreements to which Vietnam is a signatory.

2. The captain/chief commissioner of the foreign naval ship that visits Vietnam shall be responsible for the consequences caused by the violations of law committed by their crew during the operation in Vietnam.

3. The crew of a foreign naval ship that visit Vietnam that violate Vietnam’s law shall be handled in accordance with Vietnam’s law (except for people eligible for diplomatic immunity)

4. The authority to handle the violations is prescribed in Vietnam’s law.

Article 8. The rules for settling nautical collisions related to foreign naval ships

The nautical collisions related to foreign naval ships that visit Vietnam shall be settled in accordance with the Maritime Code in a diplomatic manner.

Article 9. The notification of the arrival foreign naval ships arrives at ports and the use of Vietnamese maritime pilots

1. At least 24 hours before the anticipated arrival of the foreign naval ship at a Vietnamese port, the applicant must send a notification of the arrival of the ship at the port to the port authority (Form 12).

2. When entering or leaving the port, or when moving within the port waters, the foreign naval ship must employ a Vietnamese maritime pilot and pay the pilot fee as prescribed by Vietnam’s law.

Chapter 2.

FOREIGN NAVAL SHIPS MAKING VISITS TO VIETNAM

SECTION 1. THE PROCEDURES FOR LICENSING, ENTERING, LEAVING, AND GOING TO OTHER PORTS

Article 10. The licensing procedure

1. The procedure for licensing foreign naval ships to make official visits to Vietnam:

a) The authority to issue licenses:

- The Ministry of Foreign Affairs shall license the foreign naval ships to make official visits to Vietnam. The refusal to issue the license must be explained.

The time, content, and activity schedule relevant to the visit shall be agreed in a diplomatic manner;

- Before issuing the license, the Ministry of Foreign Affairs shall obtain the opinions from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Transport, relevant Ministries, the People’s Committees of the central-affiliated city and province (hereinafter referred to as provincial People’s Committee) where the ships arrive. If the opinions from the Ministries and the provincial People’s Committee are not uniform, the Ministry of Foreign Affairs shall request the decision from the Prime Minister.

b) The licensing period:

- Within 30 days as before the anticipated date of arrival of the foreign naval ship at Vietnam’s territorial sea, the country of which the head makes a visit to Vietnam shall send a diplomatic note to ask for the permission for making a visit by naval ship, enclosed with a declaration (form 1) to the Ministry of Foreign Affairs;

- Within 20 days from the date on which the diplomatic note and the declaration are received, the Ministry of Foreign Affairs shall send a responding diplomatic note to the country that sends such naval ship.

- Within 05 working days as from the date on which the written requests for opinions about licensing the foreign naval ships to official visits to Vietnam are received, the relevant Ministries and the provincial People’s Committee where the ship arrives must send written response to the Ministry of Foreign Affairs;

- Within 03 working days as from the date on which the license is issued or refused, the Ministry of Foreign Affairs shall send written notifications to relevant Ministries and the provincial People’s Committee where the ship arrives of the issue of the license or the refusal to the license to make official visits to Vietnam to the foreign naval ships.

c) The amendments and supplementations of the license shall be discussed and agreed in the diplomatic note sent by the Ministry of Foreign Affairs to the country that sends the naval ship.

2. The procedure for licensing foreign naval ships to make casual and usual visits to Vietnam:

a) The authority to license:

- The Ministry of Foreign Affairs shall license the foreign naval ships to make casual and usual visits to Vietnam. The refusal to issue the license must be explained.

- Before issuing the license, the Ministry of Foreign Affairs shall obtain the opinions from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Transport, relevant Ministries, and the provincial People’s Committee where the ships arrive. If the opinions from the Ministries and the provincial People’s Committee are not consistent, the Ministry of Foreign Affairs shall request the decision from the Prime Minister.

b) The licensing period:

- Within 30 days as before the anticipated date of arrival of the foreign naval ship at Vietnam’s territorial sea, the country that sends the ship to Vietnam shall send a diplomatic not to ask for the permission for the visit, enclosed with a declaration (form 1) to the Ministry of Foreign Affairs. In case the country of which the naval ship makes a visit sends a diplomatic note enclosed with the declaration to the Ministry of Foreign Affairs or a Vietnam’s diplomatic mission overseas, within 03 days as from the date on which the diplomatic note and the declaration are received, the Ministry of Foreign Affairs or the Vietnam’s diplomatic mission overseas shall send the diplomatic note and the declaration to the Ministry of National Defense;

- Within 20 days from the date on which the diplomatic note and the declaration are received, the Ministry of Foreign Affairs shall send a written response to the country that sends such naval ship in a diplomatic manner;

- Within 05 working days as from the date on which the written requests for opinions about licensing the foreign naval ships to make casual and usual visits to Vietnam are received, the relevant Ministries and the provincial People’s Committee where the ship arrives must send written response to the Ministry of Foreign Affairs;

- Within 03 working days as from the date on which the license is issued or refused, the Ministry of Foreign Affairs shall send written notifications to relevant Ministries and the provincial People’s Committee where the ship arrives of the issue of the license or the refusal to issue the license to make casual or usual visits to Vietnam to the foreign naval ships;

c) The Ministry of National Defense shall discuss in writing the amendments and supplementations of the license with the country that send the naval ship in a diplomatic manner.

Article 11. The entry procedure

1. The entry procedure for the foreign naval ship and crew thereof shall be carried out at the ship, right after the ship arrives at the pilot station, and finished before the ship reaches the anchoring or mooring position.

2. The commission that presides the entry procedure include: the representatives of the port borderguard, the customs, the port authorities, the international health quarantine agency, the animal and plant quarantine agency at the port (if the ship must undergo quarantine), the chief commissioner is the representative of the port borderguard.

3. The papers to be submitted during the entry procedure:

a) To the port borderguard:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (Form 4);

- 01 original of the Dangerous goods manifest (if any - Form 6);

- 01 original of the Activity schedule or plan.

b) To the port authorities:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (Form 4);

- 01 original of the Dangerous goods manifest (if any - Form 6).

c) To the port customs:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (Form 4);

- 01 original of the Warship’s stores declaration (Form 7);

- 01 original of the Crew’s effects declaration (Form 8);

- 01 original of the Cargo declaration (if any - Form 5);

- 01 original of the Dangerous goods manifest (if any - Form 6).

d) To the International health quarantine agency:

- 01 original of the Model of maritime declaration of health (Form 9).

c) To the plant quarantine agency at the port:

- 01 original of the Declaration for plant quarantine (if any - Form 10);

e) To the animal quarantine agency at the port:

- 01 original of the Declaration for animal quarantine (if any - Form 11);

4. The papers to be presented when carrying out the entry procedure:

Present the one of the following papers to the port borderguard:

a) The passports of the crew or the equivalents;

b) The soldier’s card or the military ID cards of the crew.

Article 12. The exit procedure

1. The exit procedure for the foreign naval ship and crew thereof shall be carried out at the ship, and finished right before the ship leaves the port at the latest.

2. The commission that presides the entry procedure include: the representatives of the port borderguard, the customs, and the port authorities; the chief commissioner is the representative of the port borderguard.

3. The papers to be submitted during the exit procedure

a) To the port borderguard:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (if it is changed compared to the entry - Form 4);

- 01 original of the Dangerous goods manifest (if it is changed compared to the entry - Form 6).

- The papers issued by the port borderguard to the crew while the ship is anchoring at the port (if any): disembarkation cards, permits, short-term visas, permits for sightseeing.

b) To the port authorities:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (if it is changed compared to the entry - Form 4);

- 01 original of the Dangerous goods manifest (if it is changed compared to the entry - Form 6).

c) To the port customs:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (if it is changed compared to the entry - Form 4);

- 01 original of the Warship’s stores declaration (if it is changed compared to the entry - Form 7);

- 01 original of the Crew’s effects declaration (if it is changed compared to the entry - Form 8);

- 01 original of the Cargo declaration (if it is changed compared to the entry - Form 5).

- 01 original of the Dangerous goods manifest (if it is changed compare to the entry - Form 6).

4. The papers to be presented during the exit procedure:

Present the one of the following papers to the port borderguard:

a) The passports of the crew or the equivalents;

b) The soldier’s card or the military ID cards of the crew.

Article 13. The transit procedure

1. The transit procedure shall be carried out at the foreign naval ship.

2. The transit procedure shall be finished right before the ship leaves the port at the latest. The transit procedure applicable to a ship coming from another port is carried out right after the ship arrives at the pilot station, and finished before the ship is moored.

3. The commission that presides the transit procedure includes: the representatives of the port borderguard, the customs, and the port authorities; the chief commissioner is the representative of the port borderguard.

4. The papers to be submitted at the port of departure

a) To the port borderguard:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (Form 4);

- 01 original of the Activity schedule or plan;

- The papers issued by the port borderguard to the crew while the ship is anchoring at the port (if any): disembarkation cards, permits.

b) To the port authorities:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (Form 4);

c) To the port customs:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (Form 4);

- 01 original of the Warship’s stores declaration (Form 7);

- 01 original of the Crew’s effects declaration (Form 8);

- 01 original of the Cargo declaration (if any - Form 5);

5. The papers to be submitted at the port of arrival

a) To the port borderguard:: The transit dossier of the borderguard of the port of departure.

a) To the port customs:: The transit dossier of the customs of the port of departure.

b) To the port authorities:

- The License for leaving issued by the port authority of the port of departure;

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (Form 4);

- 01 original of the Dangerous goods manifest (if any - Form 6).

SECTION 2. ACTIVITIES OF FOREIGN NAVAL SHIPS THAT MAKE VISITS TO VIETNAM, AND THE DISEMBARKATION OF THEIR CREW

Article 14. The activities of foreign naval ship making visits to Vietnam at the ports or naval ports

1. The foreign naval ships making visits to Vietnam may only anchor and operate at the ports and naval ports that they are licensed to arrive, and must comply with the instruction of the specialized State management agencies at the ports.

2. The naval ships of the same country may make 01 visit to Vietnam per year. No more than 03 ships are allowed to stay in the same port at the same time. The ships must not stay longer than 03 days, unless otherwise permitted by the Government of the Socialist Republic of Vietnam.

Article 15. The disembarkation of the crew on the foreign naval ships that visit to Vietnam

1. The crew on the foreign naval ships that visit Vietnam may only disembark after completing the entry procedure and arrival transit procedure, and must return to the ship before the specialized State management agencies at the port carry out the exit procedure and departure transit procedure. During the disembarkation, the crew must comply with the instruction and subject to the inspection and supervision of the port borderguard and the local police where the ship is anchoring. The personal effects must comply with the Vietnam’s laws on customs, health, and quarantine.

2. During the disembarkation according to the official schedule of the visit, the crew must go in groups; not take weapons and gadgets; soldiers and persons in specialized organizations must wear their uniforms.

3. During and disembarkation for personal purposes (sightseeing, medical treatment, going home, going with the vehicles of the service provider…), the crew may go in groups or on their own; must not take weapons and gadgets; soldiers and non-soldiers belonging to specialized organizations may wear casual clothes.

4. For the crew that disembarks within the central-affiliated city or province where the ship is anchoring:

a) The crew that disembarks within the central-affiliated city or province where the ship is anchoring is exempted from applying for the entry visa for Vietnam;

b) When the crew wishes to disembark, the captain/chief commissioner shall submit a written request for the disembarkation of the crew, and obtain the approval and the disembarkation cards from the port borderguard. The time for disembarkation is 07:00 – 24:00 every day;

b) When the crew wish to spend a night onshore, the captain/chief commissioner must submit a written request and obtain the approval and permits from the port borderguard;

d)The procedures for issuing the disembarkation card and license for spending a night onshore are prescribed by the Ministry of National Defense;

d)The fees for issuing the disembarkation card and the license are decided by the Ministry of National Defense.

5. For the crew that disembarks outside the central-affiliated city or province where the ship is anchoring:

a) The crew that wishes to go outside the central-affiliated city or province where the ship is anchoring must apply for the entry and exit visa for Vietnam (unless the passports or papers that substitute passports eligible for the exemption from the entry and exit visa are presented) and comply with Vietnam’s laws on the entry and exit;

b) If the trip is in the official schedule of the visit, the crew is exempted from the visa fees (applicable to the cases not eligible for the exemption from the entry and exit visa for Vietnam);

b) If the trip serves personal purposes (sightseeing, medical treatment, going home, going with the service provider’s vehicle…), the crew must pay visa fees (applicable to the cases not eligible for the exemption from the entry and exit visa for Vietnam) as prescribed by the Ministry of Finance.

SECTION 3. LICENSING, INSPECTING, AND SUPERVISING; ENSURING THE SECURITY AND SAFETY FOR THE ACTIVITIES RELEVANT TO FOREIGN NAVAL SHIPS

Article 16. Licensing Vietnamese and foreign organizations, individuals, and vehicles to do activities relevant to foreign naval ships

1. The port borderguard where the foreign naval ship is anchoring shall license the Vietnamese and foreign organizations and individuals prescribed in Article 6 of this Decree.

2. The port authorities where the foreign naval ship is anchoring shall license the vehicles to come alongside the foreign naval ship as prescribed in Article 6 of this Decree.

3. The procedure for licensing Vietnamese and foreign organizations, individuals, and vehicles to do activities relevant to foreign naval ships are prescribed by the Ministry of National Defense and the Ministry of Transport.

Article 17. Inspecting, supervising, and ensuring the security and safety for foreign naval ships that visit Vietnam

1. The port borderguard shall preside and cooperate with functional forces in ensuring the security and safety of foreign naval ships that visit Vietnam; inspecting and supervising the activities of the foreign naval ships, disembarking crew, people and vehicles that enter and exit the area where the foreign naval ships are anchoring; the people that disembark from the ships, and the vehicles that come alongside the foreign naval ships.

2. After carrying out inspection and supervision, the port borderguard may:

a) Directly supervise the travel of the foreign naval ships that make visits to Vietnam from the time they anchor at the pilot station until they are moored.

b) Inspect the papers of the disembarking crew; the Vietnamese and foreigners that disembark from the ship; the vehicles that come alongside the ship;

c) Supervise the port waters Decree water, directly supervise at the port gate and the control station where the foreign naval ships are anchoring;

d) Carry out supervisions using technical devices;

dd) Carry out patrols and irregular inspection;

e) Take other technical measures as prescribed by law.

SECTION 4. WELCOME CEREMONY AND RECEPTION ACTIVITIES

Article 18. Welcome ceremony

The welcome ceremony and reception activities for foreign naval ships making visits to Vietnam shall comply with the Vietnam’s regulations on reception.

Article 19. The agencies in charge of the welcome ceremony

1. The Ministry of Foreign Affairs shall preside and cooperate with the Ministry of National Defense, relevant Ministries, and the provincial People’s Committee where the ships visit in welcoming the foreign naval ships that make official visits to Vietnam.

2. The Ministry of National Defense shall preside and cooperate with the Ministry of National Defense, relevant Ministries, and the provincial People’s Committee where the ships visit in welcoming the foreign naval ships that make casual and usual visits to Vietnam.

3. For the foreign naval ships that comes to Vietnam to do other activities within the Vietnam’s territorial sea and inland waters, the Ministry in charge shall preside and cooperate with the relevant Ministries and the provincial People’s Committee where the ship arrives at in the welcome ceremony according to the agreed program.

Chapter 3.

FOREIGN NAVAL SHIPS THAT COME TO VIETNAM FOR REPAIR

SECTION 1. THE LICENSING, ENTRY, EXIT, AND TRANSIT PROCEDURES

Article 20. The licensing procedure

1. Before the foreign naval ship comes to Vietnam for repair, the Vietnamese enterprise licensed to repair foreign naval ships (hereinafter referred to as ship repairer) shall send a dossier of application for licensing the foreign naval ship to come to Vietnam for repair to the Ministry of National Defense (the General Staff).

2. The dossier of application includes:

a) The written application made by the ship repairer for licensing the foreign naval ship to come to Vietnam for repair;

b) 01 clearance form of foreign warship entering the Socialist Republic of Vietnam for repair (Form 2);

c) 01 repair plan (or program).

3. The authority to license:

a) The Ministry of National Defense (the General Staff) shall receive the dossier of application and license the foreign naval ship to come to Vietnam for repair. The refusal to issue the license must be explained.

b)Before issuing the license, the Ministry of National Defense (the General Staff) shall obtain the opinions from the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Transport, the Ministry of Natural Resources and Environment, relevant Ministries, and the provincial People’s Committee where the ship comes for repair. If the opinions from the Ministries and the provincial People’s Committee are not consistent, the Ministry of National Defense (the General Staff) shall request the decision from the Prime Minister.

4. The licensing period:

a) Within 30 days as from the date on which the complete and valid dossier of application is received, the Ministry of National Defense (the General Staff) shall notify the ship repairer of the issue of the license or the refusal to issue the license to come to Vietnam for repair to the foreign naval ship;

b) Within 05 working days as from the date on which the written requests for opinions about licensing the foreign naval ship coming visits to Vietnam for repair are received, the relevant Ministries and the provincial People’s Committee where the ship arrives must send written response to the Ministry of National Defense;

c) Within 03 working days as from the date on which the license in issued or refused, the Ministry of National Defense (the General Staff) shall send written notifications to relevant Ministries and the provincial People’s Committee where the ship arrives of the issue of the license or the refusal to issue the license to come to Vietnam for repair to the foreign naval ship;

5. The Ministry of National Defense shall send written notifications of the amendments and supplementations to the ship repairer.

Article 21. The entry procedure

1. The location, time limit, and presiding officers of the entry procedure for a foreign naval ship to come to Vietnam for repair are prescribed in Clause 1 and Clause 2 Article 11 of this Decree.

2. The papers to be submitted during the entry procedure:

a) To the port borderguard:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (Form 4);

- 01 original of the Dangerous goods manifest (if any - Form 6);

- 01 copy of the repair contract or the agreement on the repair rules.

b) To the port authorities:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (Form 4);

- 01 original of the Dangerous goods manifest (if any - Form 6);

- 01 copy of the repair contract or the agreement on the repair rules.

c) To the port customs:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (Form 4);

- 01 original of the Warship’s stores declaration (Form 7);

- 01 original of the Crew’s effects declaration (Form 8);

- 01 original of the Cargo declaration (if any - Form 5);

- 01 original of the Dangerous goods manifest (if any - Form 6);

- 01 copy of the repair contract or the agreement on the repair rules.

d) To the International health quarantine agency:

- 01 original of the Model of maritime declaration of health (Form 9).

c) To the plant quarantine agency at the port:

- 01 original of the Declaration for plant quarantine (if any - Form 10);

e) To the animal quarantine agency at the port:

- 01 original of the Declaration for animal quarantine (if any - Form 11);

3. The papers to be presented during the entry procedure:

Present the one of the following papers to the port borderguard:

a) The passports of the crew or the equivalents;

b) The soldier’s card or the military ID cards of the crew.

Article 22. The exit procedure

1. The location, time limit, and presiding officers of the exit procedure for a foreign naval ship to come to Vietnam for repair are prescribed in Clause 1 and Clause 2 Article 12 of this Decree.

2. The papers to be submitted during the exit procedure

a) To the port borderguard:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (if it is changed compared to the entry - Form 4);

- 01 original of the Dangerous goods manifest (if it is changed compare to the entry - Form 6);

- The papers issued by the port borderguard to the crew while the ship is anchoring at the port (if any): disembarkation cards, permits, short-term visas, permits for sightseeing.

b) To the port authorities:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (if it is changed compared to the entry - Form 4);

- 01 original of the Dangerous goods manifest (if it is changed compare to the entry - Form 6).

c) To the port customs:

- 01 original of the general declaration (Form 3);

- 01 original of the Crew list (if it is changed compared to the entry - Form 4);

- 01 original of the Cargo declaration (if it is changed compared to the entry - Form 5);

- 01 original of the Warship’s stores declaration (if it is changed compared to the entry - Form 9);

- 01 original of the Crew’s effects declaration (if it is changed compared to the entry - Form 10);

- 01 original of the Dangerous goods manifest (if it is changed compare to the entry - Form 6).

3. The papers to be presented during the exit procedure:

Present the one of the following papers to the port borderguard:

a) The passports of the crew or the equivalents;

b) The soldier’s card or the military ID cards of the crew.

Article 23. The transit procedure

The transit procedure applicable to foreign naval ships that come to Vietnam for repair is specified in Article 13 of this Decree.

SECTION 2. ACTIVITIES OF SHIPS AND THE CREW THEREON; THE LICENSE ISSUE; THE INSPECTION, SUSPERVISION, AND ASSURANCE OF SECURITY AND SAFETY FOR ANCHORING FOREIGN NAVAL SHIPS

Article 24. Activities of foreign naval ships coming to Vietnam for repair

1. After being licensed to come to Vietnam for repair, the captain of the foreign naval ship must send inform and keep in touch with the port authorities where the ship arrives 48 hours before the ship enters the Vietnam’s territorial sea.

In case there are changes on the ship compared to the declaration, the captain must notify them to the ship repair for settlement in cooperation with relevant functional agencies before the ship comes for repair.

2. The foreign naval ships coming to Vietnam for repair may only anchor at the licensed ship-repairing facility. No more than 5 naval ships of the same country are allowed to come to Vietnam for repair at the same repair facility, unless otherwise allowed by the Government of the Socialist Republic of Vietnam.

3. While the ship is entering, exiting, anchoring, or being repaired, it and the crew thereon and the ship repairer must comply with Vietnam’s law, the port’s regulation, and observe the instruction, inspection, and supervision of the specialized State management agencies at the port.

4. While anchoring for repair, the use of other vehicles on the ship for traveling and the vehicle maintenance must be approved by the functional agencies of the Ministry of National Defense and the port authority.

5. The exchanges and visit must be approved by the Ministry of National Defense.

6. When the foreign naval ship coming to Vietnam for repair, or the ship repairer wishes to use the security services while the ship is anchoring for repair:

a) The ship repairer shall send the Ministry of National Defense a written application for allowing a Vietnamese enterprise licensed to provide security services for foreign naval ships (hereinafter referred to as security enterprise) to provide the security services, enclosed with 01 authenticated copy of the Business license of the hired security enterprise, 01 authenticated copy of the security service contract, and 01 original list of the officers and employees of the hired security enterprise having their basic information;

b) Within 07 working days from the date on which the complete and valid dossier is received, the Ministry of National Defense shall license the security enterprise to provide security services via the ship repairer. If the license is refused, the Ministry of National Defense shall send a written explanation to the ship repairer;

c) The security enterprise shall perform the tasks in accordance with the content and range of protection licensed by the Ministry of National Defense. The officers and employees of the security enterprise that protect the ship must have the licenses issued by the borderguard of the port where the foreign naval ship is anchoring for repair, and subject to the inspection and supervision of the port borderguard;

d) The Ministry of National Defense shall specify the content and range of protection of the security enterprises applicable to the foreign naval ships coming to Vietnam for repair.

Article 25. The crew's disembarkation; the license issue; the inspection, supervision, and assurance of security and safety for the places where foreign naval ships coming to Vietnam for repair are anchoring

1. The disembarkation of the crew on the foreign naval ships coming to Vietnam’s ports for repair are prescribed in Article 15 of this Decree.

2. The license issue; the inspection, supervision, and assurance of security and safety foreign naval ships coming to Vietnam for repair are prescribed in Article 16 and Article 17 of this Decree.

Chapter 4.

FOREIGN NAVAL SHIPS COMING TO VIETNAM FOR OTHER ACTIVITIES

Article 26. The licensing procedure

1. The licensing procedure applicable to the foreign naval ships doing other activities in the territorial sea, inland waters and ports of the Socialist Republic of Vietnam are prescribed in Clause 2 Article 10 of this Decree.

2. For the foreign naval ships coming to Vietnam for doing other activities in the territorial sea or inland waters outside the port waters, the Ministry of National Defense must specify the central-affiliated city or province where the entry and exit procedures are carried out in the written approval, and settle the issues during the operation of them in Vietnam.

Article 27. Other activities of foreign naval ships that come to Vietnam

1. The foreign naval ships that come to the Vietnam’s territorial sea, inland waters, and ports may only engage in the activities agreed by the Ministries and local authorities of Vietnam and the country that send such ships, within the scope licensed by the Ministry of National Defense.

2. The foreign naval ships doing other activities in Vietnam’s territorial sea and inland waters outside the port waters that wishes to engage in other activities than the licensed ones must obtain the approval from the Ministry of National Defense.

If the ship must moves due to force majeure or for the purposes of rescuing, the Ministry of National Defense, the Ministry in charge, and the relevant provincial People’s Committees must be notified right after the ship is safely anchored.

Article 28. The entry, exit, and transit procedures

1. The entry, exit, and transit procedures applicable to the foreign naval ships coming to Vietnam for other activities in the waters of ports or naval ports under the management of a central-affiliated city or province are prescribed in Article 11, Article 12, and Article 13 of this Decree.

2. The entry, exit, and transit procedures applicable to the foreign naval ships coming to Vietnam for other activities in the territorial sea and inland waters outside the port waters:

a) The location for carrying out the entry and exit procedures for the ship and the crew thereon at the office of the port authorities in the central-affiliated cities and provinces are specified in the written approval of the Ministry of National Defense;

b) The deadline for the entry and exit procedures for the ship and the crew thereon is the date on which the applicant submits all the papers prescribed in Clause 3 this Article to the specialized State management agencies at the port in central-affiliated cities and provinces prescribed in the written approval of the Ministry of National Defense.;

3. The papers (faxes or copies)that shall be submitted during the entry and exit procedures

a)The papers to be submitted during the entry procedure:

- To the port borderguard: 01 general declaration (Form 3); 01 Crew list (Form 4); 01 Activity schedule or plan;

- To the port authorities: 01 General declaration (Form 3); 01 Crew list (Form 4);

- To the port customs: 01 General declaration (Form 3); 01 Crew list (Form 4);

- To the International Health Quarantine Agency: 01 Model of maritime declaration of health (Form 9);

- To the Plant quarantine agency at the port: 01 Declaration for plant quarantine (if any - Form 10);

- To the Animal quarantine agency at the port: 01 Declaration for animal quarantine (if any - Form 11);

b) The papers to be submitted during the exit procedure:

- To the port borderguard: 01 General declaration (Form 3); 01 Crew list (if it is changed compared to the entry - Form 4);

- To the port authorities: 01 General declaration (Form 3); 01 Crew list (if it is changed compared to the entry - Form 4);

- To the port customs: 01 General declaration (Form 3); 01 Crew list (if it is changed compared to the entry - Form 4).

Article 29. The license issue

The issue of licenses to the Vietnamese and foreign organizations, individuals, and vehicles engaged in activities relevant to the foreign naval ships for other activities in the territorial sea and inland waters of Vietnam are prescribed in Article 16 of this Decree.

Article 30. Inspection and supervision

1. In the port waters under the management of a central-affiliated city or province:

a)The borderguard shall preside and cooperate with functional forces in ensuring the security and safety of the port where the foreign naval ships are anchoring; inspecting and supervising the activities of foreign naval ships, disembarking crew, people and vehicles that enter and exit the area where the foreign naval ships are anchoring; the people that disembark from the ships, and the vehicles that come alongside the foreign naval ships;

b) The borderguard may take the following measures during the inspection and supervision:

- Inspect the papers of the disembarking crew; the Vietnamese and foreigners that disembark from the ships; the vehicles that come alongside the ships;

- Supervise the area where the foreign naval ships are anchoring;

- Take other measures prescribed in Point d, Point dd, and Point e Clause 2 Article 17 of this Decree.

2. In the territorial sea and inland waters outside the port waters:

a) The Ministry of National Defense shall preside and cooperate with functional forces in ensuring the security and safety of the areas where the foreign naval ships are anchoring; inspecting and supervising the activities of foreign naval ships, their crew, people and vehicles engaged in relevant activities;

b) The inspecting and supervising forces may take the measures prescribed in Clause 2 Article 17 of this Decree.

Article 31. The disembarkation of the crew

1. The disembarkation of the crew on the foreign naval ships coming to for other activities are prescribed in Article 15 of this Decree.

2. If the ship is anchoring and operating in the territorial sea and inland waters outside the port waters, the applicant must sign a contract with a Vietnamese enterprise licensed to take the crew from the ship to the shore and vice versa. The authority and procedure for licensing the vehicles that pickup the crew are prescribed in Article 16 of this Decree.

Chapter 5.

THE STATE MANAGEMENT OF FOREIGN NAVAL SHIPS THAT VISIT VIETNAM

Article 32. The content of the state management of foreign naval ships that visit Vietnam

1. Formulate and issue d the law documents on foreign naval ships that visit Vietnam

2. Receive information, make agreements on the content and program of foreign naval ships that visit Vietnam with the countries that send them; organize the welcome ceremony and the reception activities.

3. Issue licenses, refuse to issue licenses, amend or supplement the licenses issued to foreign naval ships that visit Vietnam.

4. Manage and control the entry, exit, transit, travel, and other activities of the foreign naval ships that visit Vietnam and the crew thereon; ensure the security and safety for foreign naval ships that visit Vietnam; inspect and supervise the activities relevant to the foreign naval ships that visit Vietnam.

5. Handle the violations committed by the foreign naval ships as prescribed by Vietnamese laws and the International Agreements to which Vietnam is a signatory.

Article 33. The responsibility for the state management of foreign naval ships that visit Vietnam

1. The Government shall unify the state management of foreign naval ships that visit Vietnam.

2. The Ministry of National Defense is responsible before the Government for the state management of foreign naval ships that visit Vietnam.

Article 34. Responsibility of the Ministry of Foreign Affairs

1. Send the invitation from the State of the Socialist Republic of Vietnam to the countries of which the ships make official visits to Vietnam.

2. Receive information, make agreements on the content and program of the official visits with the countries that send them, and request the Government to decide the welcome ceremony to the foreign naval ships that make official visits.

3. Preside and cooperate with the Ministry of National Defense, other Ministries and relevant provincial People’s Committees in diplomatically welcoming the delegations from the foreign naval ships that make visits.

Article 35. Responsibility of the Ministry of National Defense

1. Issue, or cooperate with the Ministry of Foreign Affairs and relevant Ministries in issuing the law documents on foreign naval ships that visit Vietnam. Receive information, make agreements on the content and program of the casual and usual visits with the countries that send them.

2. Preside and cooperate with relevant Ministries, and the provincial People’s Committee in welcoming the foreign naval ships that make casual and usual visits to Vietnam.

3. Preside and cooperate with relevant Ministries, and the provincial People’s Committee in the management of foreign naval ships and their crew during their visits to Vietnam.

4. Direct the affiliated agencies to preside and cooperate with functional forces in ensuring the security and safety for the foreign naval ships that visit Vietnam; inspecting and supervising the activities of foreign naval ships, their crew, and the activities relevant to foreign naval ships.

Article 36. Responsibility of the Ministry of Public Security

1. Provide opinions about licensing foreign naval ships to visit Vietnam at the requests from the Ministry of Foreign Affairs and the Ministry of National Defense.

2. Direct the affiliated agencies, the police departments of central-affiliated cities and provinces to cooperate with the functional forces in ensuring the security and order at the localities where the foreign naval ships are anchoring; direct the entry and exit administration agencies to consider and issue visas to the crew that go outside the central-affiliated cities and provinces where the ships are anchoring in accordance with Vietnam’s laws on the entry and exit.

Article 37. Responsibility of the Ministry of Transport and relevant Ministries

1. Provide opinions about licensing foreign naval ships to visit Vietnam at the requests from the Ministry of Foreign Affairs and the Ministry of National Defense.

2. Preside and cooperate with the Ministry of National Defense in welcoming the foreign naval ships that making the visits to Vietnam that are relevant to the disciplines under their management.

Article 38. Responsibility of provincial People’s Committees

1. Provide opinions about licensing foreign naval ships to visit Vietnam at the requests from the Ministry of Foreign Affairs and the Ministry of National Defense.

2. Cooperate with the Ministry of Foreign Affairs, the Ministry of National Defense, and relevant Ministries in welcoming the foreign naval ships that make visits to their provinces or cities.

Chapter 6.

IMPLEMENTATION PROVISIONS

Article 39. Effects

1. This Decree takes effect on January 20th 2013, and supersedes the Government's Decree No. 55/CP dated October 01st 1996 on the activities of foreign naval ships that make visits to the Socialist Republic of Vietnam.

2. Promulgated together with this Decree the Annex comprising 12 forms for foreign naval ships visiting the Socialist Republic of Vietnam.

Article 40. Implementation instruction

The Ministry of National Defense and the Ministry of Foreign Affairs shall formulate guiding documents and detailed regulations based on this Decree.

Article 41. Implementation responsibilities

The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies. Presidents of the provincial People’s Committees, relevant organizations and individuals are responsible for the implementation of this Decree.

 

 

FOR THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung

 


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