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DECISION No. 55/2002/QD-TTg OF APRIL 23, 2002 ON EXPERIMENTAL
REFORM OF ADMINISTRATIVE PROCEDURES AT SEA PORTS IN
HO CHI MINH CITY AREA
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law
on Organization of the Government;
Pursuant to the Government's Decree
No. 22/CP of March 22, 1994 on the tasks, powers, State
management responsibility and organizational structure of
the Ministry of Communications and Transport;
Pursuant to the Prime Minister' Decision
No. 136/2001/QD-TTg of September 17, 2001 approving the
overall program on State administrative reform in the 2001-2010
period;
At the proposal of the Minister of
Communications and Transport in Report No. 126/TTr-BGTVT
of January 14, 2002,
DECIDES:
Chapter I
GENERAL PROVISIONS
Article 1: To permit
the experimental reform of administrative procedures
for vessels entering and leaving sea ports in Ho Chi
Minh City area, except for foreign military ships and
nuclear-powered sea-going ships, ships of Vietnam's
armed forces in service of security and defense purposes
and other State public duty ships operating at seaports
in Ho Chi Minh City area.
Article 2: Interpretation
of terms and phrases
In this Decision, the following terms
and phrases shall be construed as followed:
• "The specialized State
management agencies" are organizations assigned to perform
the function of specialized State management at Ho Chi
Minh City's seaports, including Saigon Port Authority,
Saigon Port Border Guards, Saigon Port Customs Sub-Department
Ho Chi Minh City's International Medical Quarantine
Center, Region II Plant Quarantine Sub-Department, Ho
Chi Minh City area's Veterinary Center.
• "Vessels" include sea-going
ships, domestic water means of Vietnam with the gross
tonnage of 50 GT or dead weight tonnage of 100 DWT or
higher and assorted foreign ships and boats.
• "Ship owners" are persons
who own, manage and exploit sea-going or their lawfully
authorized persons.
Chapter II
PROCEDURES FOR VESSELS ENTERING
AND LEAVING PORTS
Article 3: Procedures
for foreign vessels to enter ports
• The application for permission
for foreign vessels to enter ports shall comply with
the following regulations.
• Within 24 hours before
the ships are expected to arrive at Vung Tau Bouy Zero
water area, the ship owners must send to Saigon Port
Authority written applications for permission for their
ships' port entry with the following contents:
- The name, nationality, call-out and
registration place of the ship and the name of the ship
owner;
- The length, width, height and water-line of ship when
arriving at port;
- The gross tonnage, full tonnage; the volume and types
of cargo;
- The number of crew members; passengers and other persons
onboard the ship;
- The name of departure port and the estimated time
of arrival at Vung Tau Buoy Zero;
- The purpose of port entry, the estimated time of departure
from the port and the name of the next port;
- The names of the agent, representative of the ship
owner in Vietnam.
• Within no more than 2
hours after receiving the application for permission
as prescribed in Item a, Clause 1 of this Article, Saigon
Port Authority must reply the ship owners in writing
on its approval or disapproval; in case of disapproval,
clear reasons therefore must be given.
• Exemption of permission
application procedures for foreign vessels to enter
ports:
• The registered vessels
carrying the national flags of the countries which have
signed maritime agreements with Vietnam containing provisions
on exemption of permission application procedures for
one signatory party's ships' entry in the other signatory
party's ports.
• Vessels transporting cargoes
or passengers of foreign countries, which have arrived
at ports within no more than 12 months as from the date
of their last departure from ports.
Article 4: Notification
on vessels' arrival at ports
• Within 8 hours before
ships are expected to arrive in the water area of Vung
Tau Buoy Zero, the ship owners must send "The ships'
port entry/departure declaration" (Annex 1, not printed
herein) to Saigon Port Authority.
• For entering foreign and
Vietnamese vessels, after receiving the "ships' port
entry/departure declaration", Saigon Port Authority
must immediately notify such to the specialized State
management agencies at sea ports in Ho Chi Minh City
area.
Article 5: Confirmation
report on ships' port arrival
• Within no more than 2
hours before ships are expected to arrive in the water
area of Vung Tau Buoy Zero, the ship owners must report
thereon with confirmation to Saigon Port Authority.
• After receiving the confirmation
report of the ships owners, the Saigon Port Authority
must immediately notify such to the specialized State
management agencies and Vung Tau Port Authority for
coordination in the implementation of tasks according
to regulations.
Article 6: Dispatching
vessels into ports
• Based on the practical
conditions to ensure maritime safety, to prevent environmental
pollution and on the exploitation control plans of ports
supplied by port enterprises or cargo owners, Saigon
Port Authority shall inform the ship owners and Region
I Pilotage Company of the decision to dispatch ships
from Vung Tau Buoy Zero water area to moorage or anchorage
places in such area ports.
• In case of entering foreign
vessels or Vietnamese vessels, immediately after deciding
to dispatch ships into port, Saigon Port Authority,
shall, apart from notifying the provisions in Clause
1 of this Article, have to notify the specialized State
management agencies of the time and places designated
for the ships' moorage or anchorage in the port.
Article 7: Venue,
time limits and papers for carrying out procedures for
ships to enter ports
• For Vietnamese ships operating
on domestic routes:
• Venue for carrying out
the procedures: The office of Saigon Port Authority.
• The time limit for carrying
out the procedures by ship owners: Within 2 hours after
their ships are moored or anchored in wharf or in front
of the port's water frontage, or 4 hours after the ships
are moored in other water areas of the port.
• The time limit for carrying
out the procedures by Saigon Port Authority: Within
01 hour after the ship owners have submitted and presented
all valid papers prescribed at Point d below:
• When carrying out the
procedures, the ship owners must submit and produce
the following papers:
- Papers to be submitted:
+ The ships' arrival/departure declaration;
+ The list of crew members;
+ The list of crew members;
+ The list of passengers (for passenger ships).
- Papers to be presented (the originals):
+ The vessel registration certificate;
+ The ship's technical safety certificates as prescribed;
+ The crew members' book or corresponding book;
+ The crew members' professional qualification certificates
as prescribed;
• Entering Vietnamese and
foreign vessels:
• Venue for carrying out
the procedures: The office of Saigon Port Authority.
Particularly for passenger ships and
ships operating on fixed routes, if the specialized
State management agencies regarding border guard and/or
quarantine deem it necessary to embark the ships for
actual inspection, the venue for carrying out the entry
procedures may be on board the ships which are moored
or anchored at Vung Tau Buoy Zero water area or in the
course of ships' moving from Vung Tau Buoy Zero water
area into the ports and be carried out only by the above-said
requesting agencies.
• The time limit for carrying
the procedures by ship owners: Within 02 hours after
the ships are safety moored or anchored at the places
designated by Saigon Port Authority.
• The time limit for carrying
out the procedures by specialized State management agencies.
Within 01 hour after the ship owners submit and present
all the following valid papers:
- Papers to be submitted:
+ The ship's port entry/departure declaration;
+ The list of crew members;
+ The list of passengers;
+ The ship's reserve declaration;
+ The declaration of cargoes, crew members' luggage
(made according to form set by the General Department
of Customs);
+ The international medical quarantine declaration (made
according to form set by the Health Ministry);
+ The plant quarantine declaration (made according to
form set by the Ministry of Agriculture and Rural Development);
+ The animal quarantine declaration (made according
to form set by the Ministry of Agriculture and Rural
Development).
+ The declaration of tools banned from use in ports
(made according to form set by the Border Guard).
+ Papers to be presented (the originals):
+ The vessel registration certificate;
+ The ship's technical safety certificates as prescribed;
+ The crew members' book (for Vietnamese vessels);
+ The crew members' passports;
+ The crew members' international vaccination tickets;
+ Papers related to goods imported, or transit, temporarily
imported for re-export;
+ Medical quarantine certificate;
+ Plant quarantine certificate;
+ Animal quarantine certificate or animal product certificates
(if cargoes are animal products) of the exporting countries;
For passenger ships, the passengers
must produce the following papers (when so requested):
+ Passports;
+ International vaccination slips.
Article 8: Confirmation
report on ships' departure from port
• Within 02 hours before
their ships leave ports, the ship owners shall have
to confirm with Saigon Port Authority the ships' names
and the planned time of their departures.
• For departing vessels,
immediately after receiving the confirmation report
from the ship owners, Saigon Port Authority must immediately
notify the specialized State management agencies thereof
for carrying out in time the procedures for the ships
to exit.
Article 9: Venue,
time limits and papers for carrying out procedures for
ships' departure from ports
• Vietnamese vessels operating
on domestic routes:
• Procedure-completing venue:
The office of Saigon Port Authority.
• The time limit for carrying
out procedures by ship owners: Within 02 hours before
the ship leave ports.
• The time limit for carrying
out procedures by Saigon Port Authority: Within 01 hour
after the ship owners produce all valid papers as provided
for at Point d below.
• When carrying out the
procedures, the ship owners shall have to submit and
present the following papers:
- To submit 01 copy of the ship's arrival/departure
declaration;
- To present the ship's certificates and the crew members'
professional qualification certificates (in case of
changes as compared to the time of arrival);
- To produce papers related to certified payment of
charges and/or fees or the repayment of debts as provided
for by law.
• Existing Vietnamese and
foreign vessels:
• Procedure-completing venues:
The office of Saigon Port Authority, particularly for
passenger ships and ships operating on fixed routes,
the procedures-completing venues shall be on board the
ships.
• The time limit for carrying
out the procedures by ship owners: Within 02 hours before
the ships leave ports. Particularly for passenger ships
and ships on fixed routes, the deadline shall be the
time immediately before the ships are going to leave
the ports.
• The time limit for carrying
out the procedures by specialized State management agencies:
Within 01 hour as from the time the ship owners have
submitted and presented all the valid papers as provided
for at Point d below.
• When carrying out the
procedures, the ship owners shall have to submit and
present the following papers (the originals):
- Papers to be submitted:
+ 01 copy of the ship's port entry/departure
declaration;
+ 01 copy of the list of crew members, in case of changes
as compared to the time of arrival;
+ 01 copy of the list of passengers, in case of changes
as compared to the time of arrival;
+ 01 copy of the ship's reserve declaration;
+ 01 copy of the declaration on crew members' luggage
(made according to form set by the General Department
of Customs);
+ Papers already granted by specialized State management
agencies to the ship, crew members and passengers according
to current regulations (for retrieval).
- Papers to be presented:
+ The ship's certificates (in case
of changes as compared to the time of arrival);
+ The crew members' professional qualification certificates
(in case of changes as compared to the time of arrival);
+ Passports of crew members, passport of passengers;
+ The crew members' and passengers' international vaccination
certificates (in case of changes as compared to the
time of arrival);
+ The medical quarantine certificate;
+ The animal quarantine certificate or animal product
certificates (if cargoes are animal products) of the
Regional Veterinary Center under the Veterinary Department.
+ Papers related to goods exported, on transit, temporarily
imported for re-export or trans-shipped according to
regulations;
+ Papers related to the certified payment of charges,
fees or the repayment of debts according to the provisions
of law.
Article 10: Mode of
carrying out procedures for vessels to enter and leave
ports
• The procedures for vessels
to enter and leave ports shall be carried out by ship
owners.
• The sending or transfer
of papers of declaration for arriving and leaving ships
must be effected by the ship owners through the information
center of Saigon Port Authority (fax, email) or post
offices or direct delivery.
Chapter III
SOME PROVISIONS ON SPECIALIZED
STATE MANAGEMENT IN PORTS
Article 11: Some provisions
on management of vessels
• In cases where ships leave
ports and the papers regarding registration and technical
safety of ships as well as crew members' professional
qualification certificates see no changes as compared
with the time of arrival, the ship owners shall neither
have to submit nor produce the above-said papers.
• Vietnamese and foreign
vessels which have carried out the entry procedures
at another Vietnamese port before arriving in ports
in Ho Chi Minh City area shall not have to re-carry
out the entry procedures as provided for in Clause 2,
Article 7 of this Decision. Saigon Port Authority shall
base itself on the "port departure permits" granted
by the Authority of the Ports where the ships have left
earlier to decide on the ships' port entry; other specialized
State management agencies shall base on the "port transfer
dossiers" (if any) granted by corresponding specialized
State management agencies at places where the ships
have earlier left the ports to perform their management
operation according to the current regulations.
• If it is confirmed through
previous declaration of ship owners that the ships are
epidemic free, ensure safety against human and animal
epidemics or that before arriving in Vietnam such ships
operated in regions free from human, animal and plan
epidemics, which are accepted by specialized quarantine
State management agencies, the medical quarantine, animal
quarantine or plant quarantine shall not be carried
out against ships and cargoes in Vung Tau Buoy Zero
water area, except for cases where there are grounds
to doubt about the truthfulness of the ship owners'
declaration.
• For luggage of passengers
on foreign ships entering and leaving ports in Ho Chi
Minh City area on the same trips, the customs declaration
procedures shall not apply.
Article 12: Application
of information technology
• Specialized State management
agencies in ports may use the photocopies, fax or emails
related to paper dossiers of ships, cargoes, crew members,
passengers, supplied by ship owners and customs declarers
before the ships enter or leave ports. When carrying
out the procedures, the ship owners or the customs declarers
must produce and submit all the originals or copies
of the valid papers as prescribed.
• The specialized State
management agencies shall immediately deploy the project
on investment in net installation and connection and
organize the efficient exploitation of computer information
systems of their own and may invest in the installation
thereof according to the following principles:
• The computer information
system of each specialized State management agency must
be connected with the central system of Saigon Port
Authority.
• The funding sources for
investment in and management of the information system
shall be arranged by specialized State management agencies
according to the stipulations of the Ministry of Finance
in Circular No. 99/2001/TT-BTC of December 5, 2001 guiding
the priority funding for application and development
of information technology.
• Enterprises are encouraged
to participate in maritime, trade and tourist activities
in ports and invest in installing and connecting their
own units' computer information systems with the computer
information systems of the specialized State management
agencies in ports.
• Saigon Port Authority
shall assume the prime responsibility and coordinate
with other specialized State management agencies at
ports in deploying the application of information technology
prescribed in Clause 2 of this Article in order to ensure
uniformity and efficiency.
Article 13: Specialized
inspection and supervision activities
• The inspection and supervision
of ships, cargoes, passengers and crew members by the
specialized State management agencies at ports must
strictly comply with the provisions of this Decision,
Vietnamese laws and relevant international agreements
which Vietnam has signed or acceded to.
• Except for cases where
there are signs of law offense or where it is deemed
necessary to ensure security, defense and social order
and safety, the specialized State management agencies
shall not carry out the following operations:
Conducting direct customs supervision
and/or frontier supervision on board Vietnamese and
foreign vessels in the course of leaving ports in Ho
Chi Minh City area to Vung Tau Buoy Zero water area
for exit or vice versa when ships are on the course
to enter ports.
Conducting direct frontier wardship
on board Vietnamese and foreign sea-going ships mooring
or anchoring at places in ports in Ho Chi Minh City
area.
• Officials and employees
of the specialized State management agencies are strictly
forbidden to commit authoritarian, regionalistic, self-seeking,
harassing or troubling acts and other signs of negative
phenomena when performing their assigned tasks; all
relevant violations shall be handled according to the
provisions of law.
Article 14: Responsibility
for coordination of activities among specialized State
management agencies
• The specialized State
management agencies at ports have the responsibility
to coordinate the organization of task performance according
to relevant law provisions and this Decision.
• Saigon Port Authority
is the presiding agency in organizing the coordination
of activities among the specialized State management
agencies at ports in Ho Chi Minh City area according
to the following principles:
• Assuming the prime responsibility
for administering and coordinating activities among
the specialized State management agencies at ports.
• Organizing the reception
and timely transfer to other specialized State management
agencies at ports of information and papers related
to entering and departing vessels.
• Other specialized State
management agencies at ports have the responsibility
to coordinate with Saigon Port Authority in organizing
the performance of their own management tasks according
to the following principles:
• Independently performing
specialized management operations according to regulations
while closely coordinating with Saigon Port Authority.
• After receiving and processing
information supplied by Saigon Port Authority or when
meeting with difficulties, the specialized State management
agencies must immediately notify Saigon Port Authority
thereof for coordination in timely settlement thereof.
• In addition to the competence
under the current regulations, the director of Saigon
Port Authority may carry out the following jobs:
• Organizing and presiding
over conferences and consultation meetings with specialized
State management agencies at ports for unified measures
to settle arising problems.
• Requesting the specialized
State management agencies at ports to notify in time
the proposed contents and measures for settlement of
relevant arising problems.
• Proposing the president
of the Ho Chi Minh City People's Committee to consider
and settle in time arising problems falling under the
city's jurisdiction, related to specialized State management
at ports.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 15: Implementation
effect
This Decision shall take effect as
from July 1, 2002 and be experimentally implemented
till new stipulations are promulgated.
Article 16: Organization
of implementation
• The Minister of Communications
and Transport shall assume the prime responsibility
and coordinate with the president of the Ho Chi Minh
City People's Committee and leaders of the concerned
ministries and braches in setting up the Steering Committee
for the experimental implementation mentioned in this
Decision. The Steering Committee shall be headed by
a Vice Minister of Communications and Transport.
• If problems arise in the
course of implementation, the Minister of Communications
and Transport shall have the responsibility to consider
them and propose the competent bodies to settle or settle
them by himself/herself according to his/her competence.
• After 6 months' experimental
application, the Ministry of Communications and Transport
shall assume the prime responsibility and coordinate
with the concerned ministries and branches as well as
Ho Chi Minh City People's Committee in evaluating the
implementation results and report them to the Prime
Minister.
• The ministries, the heads
of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents
of the People's Committees of the provinces and centrally-run
cities and the heads of the concerned agencies shall
have to implement this Decision.
Prime Minister
PHAN VAN KHAI
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