THE MINISRTRY OF NATIONAL DEFENSE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
No.: 05/2010/TT-BQP
Hanoi, January 18, 2010
 
CIRCULAR
GUIDING THE GOVERNMENT'S DECREE NO. 50/2008/ND-CP OF APRIL 21, 2008, ON MANAGEMENT AND PROTECTION OF SECURITY AND ORDER AT SEAPORT BORDER GATES
 
THE MINISTER OF NATIONAL DEFENSE
 
Pursuant to the Government's Decree No. 50/ 2008/ND-CP of April 21, 2008, on management and protection of security and order at seaport border gates;
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;
At the proposal of the Border Guard Command,
 
CIRCULARIZES:
Chapter I
GENERAL PROVISIONS
 
Article 1. Scope of regulation
This Circular guides in detail activities of Vietnamese and foreign people, ships and boats on entry, exit, in transit or port transfer; border-guard procedures, inspection and supervision and other activities related to security and order; and responsibilities to guide and coordinate the management and protection of security and order at seaport border gates.
 
Article 2. Subjects of application
This Circular applies to Vietnamese and foreign individuals, organizations, ships, boats and other vessels operating at seaport border gates. In case a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides for, that treaty prevails.
 
Article 3. Military ports
1. Military ports are regulated by Clause 2, Article 1 of the Government's Decree No. 50/ 2008/ND-CP of April 21, 2008, on management and protection of security and order at seaport border gates (below referred to as Decree No. 50/2008/ND-CP).
2. Military ports which are permitted by the Government to operate for commercial purposes are subject to Decree No. 50/2008/ND-CP and other relevant regulations on commercial ports and internal rules of military ports.
 
Article 4. Seaport border-gate areas
1. Seaport border-gate areas are regulated by Article 4 of Decree No. 50/2008/ND-CP.
2. Specific boundaries of port land and port waters shall be delimited by competent agencies under law. The port land boundaries shall be decided by a competent agency in charge of land administration under the land law. The port water boundaries shall be announced by the Minister of Transport under the Maritime Code.
3. Specialized state management agencies at a seaport border gates, including port authority, port border-gate guard, port border-gate customs office, medical quarantine, animal quarantine and plant quarantine offices may arrange their personnel, install equipment and technical devices in seaport border-gate areas. Such arrangement and installation shall be decided by the relevant line agencies but must not obstruct normal operations of port enterprises.
 
Chapter II
BORDER-GUARD PROCEDURES
Article 5. Time limit for completion of border-guard procedures
1. The time limits for completion of border-guard procedures comply with Article 6 of Decree No. 50/2008/ND-CP.
2. For ships or boats anchoring or mooring far away from places for carrying out  border-guard procedures, at the request of person carrying out these procedures, port border-gate guards shall reach agreement with specialized state management agencies on carrying, out the procedures 2-24 hours before departure of these ships or boats.
3. After completing procedures, post border-gate guards shall continue border-guard inspection and supervision of people, ships and boats under law.
4. If ships or boats still stay in ports 24 hours after the completion of exit procedures, they shall carry out exit procedures once again.
Article 6. Places for carrying out border-guard procedures
Places for carrying out border-guard procedures are specified as follows:
1. Head offices or representative offices of port authorities;
2. Border guard offices, for seaport border gates that have established computer networks for e-declaration;
3. On board ships, including:

a/ Passenger ships;