Do foreign ships that do not enter the checkpoint to anchor but enter the repair factory they need any documents in Vietnam?

Do foreign ships that do not enter the checkpoint to anchor but enter the repair factory they need any documents in Vietnam?

In Article 18 of Decree 77/2017/ND-CP stipulating subjects inspected and supervised by port border guards, according to which:

1. Vietnamese vessels entering or leaving; foreign vessels entering, leaving, transiting or port-transferring; Vietnamese vessels operating inland within the port checkpoint; other Vietnamese and foreign vehicles entering, leaving or operating in the port checkpoint.

2. Foreign vessels enter the checkpoint to anchor, need repairing at a shipyard, reforming or repairing beyond the port checkpoint.

3. Vietnamese people and foreigners entering, leaving or operating at the port checkpoint.

4. Documents belonging to each person and the vessel that enters, leaves or operates at the port checkpoint, including:

a) An electronic or physical declaration made and submitted by the applicant when he/she follows border guard procedures, entry or exit procedures at the port checkpoint for Vietnamese vessels operating inland and inland waterway vehicles;

b) The passport or international travel document if the person is a foreigner; passport or a document equivalent to the passport, or identification card if the person is a Vietnamese citizen;

c) Practice certificates or cards corresponding to the purposes at the port checkpoint of the Vietnamese and foreigner;

d) The permit that a Vietnamese competent authority grants to the vessel and other vehicles entering or operating at the port checkpoint in the field in which permit granting is required according to regulations of law.

According to this Article, with this regulation, foreign ships that do not enter the checkpoints to anchor but enter repair factories must have permits issued by Vietnamese competent authorities for vessel and other vehicles entering or operating at the port checkpoint in the field in which permit granting is required according to regulations of law.

If foreigners disembarking the Vietnamese vessels anchored at the port to carry out activities for the purposes of tourism, can they be eligible for the issuance of disembarkation cards?

According to Clause 1, Article 25 of Decree 77/2017/ND-CP stipulating issuance of disembarkation cards to Vietnamese people and foreigners to disembark from foreign vessels, foreigners to disembark from Vietnamese vessels anchored to ports; controllers of Vietnamese or foreign vehicles anchored to foreign vessels; foreign seamen to stay overnight onshore or disembark from other vessels anchored to ports as follows:

1. Entities eligible for the issuance of disembarkation cards

a) Vietnamese people or foreigners disembarking from foreign vessels anchored at the port to carry out activities for the purposes of mass media, scientific research or visits;

b) Foreigners disembarking the Vietnamese vessels anchored at the port to carry out activities for the purposes of mass media, scientific research or visits;

c) Controllers of Vietnamese or foreign vehicles anchored to foreign vessels;

d) Foreigners wishing to stay overnight onshore or disembark from other vessels anchored at the port.

Thus, when a foreigner disembarking the Vietnamese vessels anchored at the port to carry out activities for the purposes of sightseeing tours, in this case the foreigners will be granted disembarkation cards.

What are conditions for foreigners working at port checkpoints in Vietnam?

Pursuant to Article 26 of Decree 77/2017/ND-CP stipulating that Vietnamese people and foreigners working at port checkpoints:

1. Vietnamese people disembarking from the foreign vessel, except for officials and employees perform their duties at state authorities responsible for port management, medical officers disembarking from the foreign vessel to give first aid to seamen or passengers; foreigners disembarking from the foreign or Vietnamese vessel to work or carry out activities while the vessel is anchored at the port checkpoint shall have their disembarkation cards granted by the port border guard according to provisions of Article 24 and Article 25 herein and comply with the inspection and supervision carried out by the port border guard.

2. Duties of foreigners working at the port checkpoint:

a) The foreigner working at the port checkpoint shall have the passport or international travel document;

b) The foreigner working at the port checkpoint shall comply with inspection and supervision carried out by the border guard, state authorities responsible for port management and relevant law enforcement forces;

c) Within 12 hours before the foreigner coming to work at the port, the authority or enterprise responsible for welcoming such foreigner shall send a written notification to the port border guard of the full name, nationality, number of passport or international travel document; name and address of the foreigner's workplace; start date and end date of work term, details and place of work of the foreigner at the port checkpoint.

3. Vietnamese people and foreigners are not permitted to leave or disembark from the vessel before and while the vessel is being carried out entry procedures or procedures for entering a Vietnamese port checkpoint from another, while and after the vessel is being carried out exit procedures or procedures for departing from a Vietnamese port checkpoint for another, except for officials and employees working for state authorities responsible for port management, pilots, officers performing their duties on carrying out procedures, medical officers disembarking from the vessel to provide medical treatment and examination for seamen and passengers.

4. For the vessel following electronic border guard procedures, right after the vessel is securely anchored at the port, relevant Vietnamese people or foreigners shall be entitled to leave or disembark from the vessel to carry out material handling and activities on schedule until the vessel leaves the port.

5. Seamen and passengers not eligible to enter Vietnam according to regulations of Vietnam law shall not be allowed to leave the vessel, apart from the violations prescribed in Article 28 herein.

The shipmaster shall manage such seamen and passengers on board until the vessel leaves the territorial waters of Vietnam.

With this regulation, foreigners who come to work and operate at the port checkpoints will have to have a passport or international travel document and meet the other conditions mentioned above in Vietnam.

Best Regards!