Thông tư 90/2011/TT-BQP

CIRCULAR

AMENDING AND SUPPLEMENTING THE NATIONAL DEFENSE MINISTRY'S CIRCULAR NO. 181/2005/TT-BQP OF NOVEMBER 17, 2005, GUIDING THE GOVERNMENT'S DECREE NO. 32/2005/ ND-CP OF MARCH 14, 2005, ON THE REGULATION ON LAND BORDER GATES, AND CIRCULAR NO. 05/2010/TT-BQP OF JANUARY 18, 2010, GUIDING THE GOVERNMENT'S DECREE NO. 50/2008/ ND-CP OF APRIL 21, 2008, ON MANAGEMENT AND PROTECTION OF SECURITY AND ORDER AT BORDER GATES AND SEAPORTS

Pursuant to the Government's Decree No. 104/2008/ND-CP of September 16, 2008. defining the functions, tasks, powers and organizational structure of the Ministry of National Defense;

In implementing the Government's Resolution No. 51/NQ-CP of December 10. 2010. on simplification of administrative procedures under management of the Ministry of National Defense;

At the proposal of the Border Guard Commander,

The Minister of National Defense amends and supplements Circular No. 181/2005/TT-BQP and Circular No. 05/2010/TT-BQP as follows:

Article 1. To amend and supplement Item b. Point 2; Point3; Item b. Point 5. Section II of the National Defense Ministry's Circular No. 181/2005/TT-BQP of November 17. 2005, guiding the Government's Decree No. 32/2005/ ND-CP of March 14. 2005. on the Regulation on land border gates

1. To amend and supplement Item b. Point 2 of Section II as follows:

"2. For foreigners

b/ For a citizen of a third country: Upon entry or exit through an international border gate, he/ she must have a valid passport or valid substitute paper (an overseas Vietnamese who has no passport or valid substitute paper must have a valid exit/entry paper granted by a competent foreign authority, provided that the form of such paper has been officially notified to Vietnam via diplomatic channel) and visa, except for cases of visa exemption, enclosed with the visa exemption paper granted by the Vietnamese diplomatic mission in the country in which the citizen resides."

2. To amend and supplement Point 3 of Section II as follows:

"3. Vehicles and goods on exit, entry, export, import or transit through border gales under Articles 8 and 9 of Decree No. 32/2005/ND-CP must be accompanied with sufficient lawful papers and subject to principles and procedures provided by the customs law and other relevant laws of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting part).

- Goods, which are traded across the borders and fully satisfy the conditions specified at Point 3. Section II of this Circular and the Government's regulations, on management of cross-border goods trading with bordering countries, may be exported or imported through bolder gates, regardless of whether they are products of border or inland localities.

- In special cases, the Minister of Industry and Trade shall, at the request of provincial-level administrations or governments of neighboring countries, reach agreement with the Minister of Finance to permit customs clearance for goods of a third country through a principal or auxiliary border gate.''

3. To amend and supplement Item b, Point 5 of Section II as follows:

"5. Procedures for specialized inspection and supervision at border gates:

b/ Procedures for border-guard inspection and supervision at border gates

-A Vietnamese citizen on exit or entry shall produce one of the following papers:

+ Passport, border laissez-passer or identity card, certificate;

+ Exit or entry declaration (for passport holders on exit or entry), except border gates where exit/entry declaration is no longer required.

- For a foreigner:

+ Passport or valid substitute paper, and visa for entry into Vietnam granted by a competent Vietnamese authority (except cases of visa exemption or persons working or operating in border-gate economic zones);

+ Border laissez-passer or identity card, certificate;

+ Exit or entry declaration (for passport holders on exit or entry). except border gates where exit/entry declaration is no longer required.

- For a Vietnamese or foreign vehicle and the operator of the vehicle on exit or entry, the following papers must be produced:

+ Passport or border laissez-passer or identity card:

+ Driving license;

+ Vehicle registration certificate:

+ International transport license;

+ Passenger or cargo transport license (if any);

+ Certificate of technical safety and environmental protection:

+ Vehicle insurance certificate (if any);

+ Quarantine certificate.

- Responsibilities of border-gate guard stations:

+ To check and control passports and valid substitute papers and supervise exit from and entry into border-gate zones by passengers and vehicles, goods exported and imported within border-gate Zones;

+ To affix certification marks on passports or valid substitute papers;

+ To coordinate with the customs and other forces in preventing and fighting crimes, smuggling and trade frauds;

+ To grant visas to foreigners according to notices of the Ministry of Public Security;

+ A visa application dossier at a border gate comprises;

- Written permission for receipt of visa at the border gate issued by the Ministry' of Public Security's immigration management agency.

- For a detached (D) visa, the applicant shall submit four 4cm x 6cm photos.

- Visa grant procedures at a border-gate:

+ The border guard station receives the visa application dossier at the border gate:

+ To check the dossier validity:

+ To grant visa to the foreigner.

- Visa grant time: Right after the border-gate guard receives a complete dossier under regulations.

- To collect the visa fee under the law on charges and fees.

To give sojourn certifications to foreigners.

- Places of border-guard supervision:

+ Transit area (for international border gates):

+ Area for inspection and control of vehicles and goods;

+ Pre-clearance waiting lounge; + Area for carrying out exit and entry procedures by functional bodies;

+ Area of warehouses and yards for goods before export or import;

+ Area of duty-free shops:

+ Service and trade area;

+ Area of car parks and stops;

+ Restricted area:

+ Other areas within a border-gate zone.

- Subjects of border-guard inspection and supervision at border-gate zones:

+ Vietnamese and foreigners who arc on exit or entry through border gates or come to border-gate zones to receive or see off guests, or carry out service. commercial journalistic, sight-seeing or tourist activities:

+ Vehicles, goods and baggage of Vietnamese and foreigners entering into or leaving border-gate zones or on exit or entry through border gates.

- Border-guard supervision tasks:

+ Maintaining, administering and guiding people, vehicles, goods and baggage and other activities within border-gate zones under law and the Regulation on land border gates;

+ Maintaining security and order in border-gate zones; preventing, detecting and handling people, vehicles and goods on illegal exit or entry, export or import through border gates."

Article 2. To amend and supplement Articles 14. 23 and 24 of the National Defense Ministry's Circular No. 05/2010/TT-BQP of January 18. 2010. guiding; the Government's Decree No. 50/ND-CP of April 21, 2008, on management and protection of security and order at border gates and seaports

1. To amend and supplement Article 14 as follows:

"Article 14. Border guard procedures for tourist ships

1. To carry out entry and exit procedures under Articles 9 and 10 of this Circular.

2. When receiving travelers by sea at a port, a tourist company shall submit to the border-gate guard the following papers;

a/ One original of the tour program;

b/ One original of the list of visitors on entry into Vietnam approved by the Ministry of Public Security's immigration management agency (except passport holders with Vietnamese visa and passport holders entitled to Vietnam entry and exit visa exemption).

3. A traveler by sea may obtain a tourist visa or sight-seeing permit under Vietnamese law on exit and entry.

a/ Visa grant procedures at a seaport border gate

- The person concerned or representative of the managing agency directly carries out procedures at the border-gate guard station.

- The port border-gate guard shall conduct inspection and registration and grant visa right on board.

- A dossier (1 set) comprises:

+ The host agency's letter of reference or request:

+ Written permission for receipt of visa at the border gate issued by the Ministry of Public Security's Immigration Management Department:

+ Passport or valid substitute paper (to be produced).

- Processing time: Right after the port border-gate guard receives a complete and valid dossier.

b/ Procedures for granting a sight-seeing permit at a seaport border gate

- The seaport border-gate guard grants the sight-seeing permit right on board.

- A dossier (1 set) comprises:

+ Written approval of the list of visitors issued by the Ministry of Public Security's Immigration Management Department:

+ Passports or valid substitute papers of visitors (to be produced).

- Processing time: Within 1 hour after the port border-gate guard receives a complete and valid dossier.

- Collection of fees complies with the law on charges and fees.

4. For an international cruiser which is permitted to carry tourists on domestic tours between domestic ports, before receiving visitors at a port, the applicant shall submit to the port border-gate guard the following papers:

a/ Copies of permits for carrying tourists on domestic tours between domestic ports issued by competent Vietnamese authorities;

b/ The domestic tour program and list of tourists:

c/ Foreigners on board for domestic tours shall produce passports or valid substitute papers. Vietnamese shall produce identity cards or passports."

2. To amend and supplement Article 23 as follows:

"Article 23. Papers for getting on board foreign ships and boats

1. To comply with Article 17 of Decree No. 50/2008/ND-CP.

2. Permits for getting on board ships or boats shall be granted by the port border-gate guard to Vietnamese and foreigners (except for officers and employees of specialized state management agencies at seaport border gates who are on duty and the complement of crewmembers and passengers on board) for work or other activities during ships" or boats' moorage within seaport border-gate zones.

3. Permits for getting on board ships and boats include:

a/ Permits for getting on board ships or boats granted to Vietnamese and foreigners of agencies or enterprises who frequently gel on board foreign ships or boats to work, with a validity duration not exceeding 12 months (Appendix IV to this Circular).

b/ Permits for getting on board ships or boats granted to Vietnamese and foreigners who get on board foreign ships or boats mooring at port border gates to work, with a validity duration not exceeding 3 months (Appendix V to this Circular).

c/ Permits for Vietnamese and foreigners engaged in journalistic activities, scientific research, sight-seeing, supply of provisions, fuel and commodities, and other services related to foreign ships and boats within seaport border-gate zones, of single validity (Appendix VI to this Circular).

4. Licensing procedures

a/ Procedures for licensing a Vietnamese to get on board a foreign ship or boat

- The person concerned or representative of the managing agency directly carries out procedures at the port border-gate guard station.

- The port border-gate guard conducts inspection and registration and grants a permit.

- A dossier (1 set) comprises:

+ The managing agency's letter of reference or request;

+ Identity card, for individuals, or list of people, for a group of people;

+ Personal resume certified by a local administration or the managing agency (for a 3- or 12-month permit);

+ Two 2cm x 3cm color photos, for a 12-month permit.

- Processing time: Right after the port border-gate guard receives a complete and valid dossier.

b/ Procedures for licensing a foreigner to get on board a foreign ship or boat

- The person concerned or representative of the managing agency directly carries out procedures at the port border-gate guard station;

The port border-gate guard conducts inspection and registration and grants a permit;

A dossier (I set) comprises:

+ The managing agency's letter of reference or request:

+ Passport or permanent residence card (to be produced);

+ Two 2cm x 3cm color photos, for a 12-month permit.

- Processing time: Right after the port border-gate guard receives a complete and valid dossier.

c/ Procedures for licensing a Vietnamese to carry out journalistic activities or scientific research or go sight-seeing related to a foreign ship or boat within a seaport border-gate zone

- The person concerned or representative of the managing agency directly carries out procedures at the port border-gate guard station.

- The port border-gate guard conducts inspection and registration and grants a permit.

- A dossier (1 set) comprises:

+ The managing agency's letter of reference or request;

+ Permit for relevant activities granted by a competent authority, identity card (to be produced).

- Processing lime: Within 1 hour after the port border-gate guard receives a complete and valid dossier.

d/ Procedures for licensing a foreigner lo carry out journalistic activities or scientific research or go sight seeing related to a foreign ship or boat within a seaport border-gate zone

- The person concerned or representative of the managing agency directly carries out procedures al the port border-gate guard station.

- The port border-gate guard conducts inspection and registration and grants a permit.

- A dossier (1 set) comprises:

+ The managing agency's letter of reference or request or the captain's letter of invitation or request:

+ Passport or valid substitute paper (to be produced).

- Processing time: Within 1 hour after the port border-gate guard receives a complete and valid dossier.

e/ Procedures for licensing a Vietnamese operator of a vehicle drawing alongside a foreign ship or boat

- The person concerned or representative of the managing agency directly carries out procedures at the port border-gate guard station.

- The port border-gate guard conducts inspection and registration and grants a permit.

- A dossier (1 set) comprises:

+ The managing agency's letter of reference or request:

+ Permit for relevant activities granted by a competent authority, identity card (to be produced).

- Processing time: Right after the port border-gate guard receives a complete and valid dossier.

5. When working or carrying out the above activities, a permit holder shall produce such permit lo. and is subject to the inspection and supervision by. the port border-gate guard. A captain shall take responsibility for letting unauthorized persons lo gel on hoard.

6. Collection of the fees for the above permits complies with the law on charges and fees."

3. To amend and supplement Article 24 as follows:

''Article 24. Foreign crew members traveling ashore

1. Foreign crew members may travel ashore under Article 18 of Decree No. 50/2008/ND-CP.

2. During the time of mooraae of a foreign ship or boat at a seaport border gate. crewmembers on board this ship or boat may travel ashore within the province or centrally run city in which the seaport border gate is located. When traveling outside the above province or city or leaving the Vietnamese territory through another border gate, they shall strictly comply with the law on exit and entry.

3. The lime for traveling ashore is from 7 hours to 24 hours of the day. For sight-seeing, tour, emergency aid or medical treatment, the traveling duration may be extended on a case-by-case basis.

4. The shorepass of single validity (Appendix VII to this Circular) shall be granted by the port border-gate guard to foreigners working on board a foreign or Vietnamese ship or boat during its moorage at the port.

5. Application for a shorepass for crewmembers shall be recorded in the note column of the general declaration. For a crewmember who has not registered application for a shorepass in the note column of the general declaration, the captain may apply for a shorepass for that crewmember through an agent

A crewmember who stays overnight ashore must have the captain's permit application and obtain a permit from the port border-gate guard.

Procedures for licensing a crewmember to stay overnight:

- The crew member or agent of the ship or boat directly carries out procedures at the port border-gate guard station.

- A dossier (I set) comprises:

+ The captain's permit application: + Passport or valid substitute paper.

- Processing time: Right after the port border-gate guard receives a complete and valid dossier

6. The time for granting a permit for a foreign crewmember to travel ashore is right after the port border-gate guard receives a complete and valid dossier.

7. During a ship's moorage at a seaport border gate, a foreign crewmember who violates Vietnamese law is prohibited from traveling ashore. A crewmember who violates law when traveling ashore shall be handled under Vietnamese law.

8. Collection of the fees for the shorepass and overnight stay permit complies with the law on charges and fees."

Article 3. Effect

This Circular takes effect on August 14, 2011.

Article 4. Implementation responsibilities

The Border Guard Commander and concerned agencies, units, organizations and persons shall implement this Circular. -