Is it possible to apply for shore passes to seamen before completing entry procedures in Vietnam?

Is it possible to apply for shore passes to seamen before completing entry procedures in Vietnam?

Pursuant to Article 23 of Decree 77/2017/ND-CP stipulating issuance of shore passes to seamen as follows:

1. Entities eligible for the issuance of shore passes

Foreign seamen working on the Vietnamese or foreign vessel and completing entry procedures or procedures for entering a Vietnamese port checkpoint from another and wishing to go ashore while their vessel is anchored at the port checkpoint.

2. Validity of shore passes

a) The shore pass is valid for only one voyage of the vessel;

b) In case of a foreign seaman going on a vessel with daily voyage and the vessel operating at the territorial waters beyond the waters of the port checkpoint, at the request of the shipmaster, the port border guard shall allow the seaman to use the shore pass for multiple voyages with the maximum duration of 1 month from the day on which the shore pass is issued;

c) The person responsible for carrying out procedures shall revoke expired shore passes to transfer them to the port border guard.

3. Procedures for issuance of shore passes

a) The person responsible for carrying out procedures shall register the shore pass for the seaman in the remarks of the general declaration.

If the seaman's information has not been registered in the general declaration but the seaman wishes to go ashore, the shipmaster shall make a request to the port border guard;

b) As soon as the request to allow the seaman to go ashore is received, the port border guard shall grant the shore pass to the seaman at the port border guard's headquarters;

c) The charge for granting the seaman’s shore pass shall be subject to regulations of law on fees and charges.

Thus, your friend who is a crew member working on a Vietnamese vessel or a foreign vessel can only apply for shore passes to seamen after completing entry procedures or procedures for entering a Vietnamese port checkpoint. Going ashore is only done while the boats are anchored at the port checkpoint.

What is duration of disembarkation cards that granted to foreigners in Vietnam?

According to Article 24 of Decree 77/2017/ND-CP stipulating issuance of disembarkation cards as follows:

1. Entities that are granted disembarkation cards

a) The 12-month disembarkation card:

Such card shall be granted to a Vietnamese or foreigner working for an authority, organization or enterprise that wishes to disembark from the foreign vessel regularly after work within 12 months, except for officials and employees working for state authorities responsible for port management;

b) The 3-month disembarkation card:

Such card shall be granted to a Vietnamese or foreigner working for an authority, organization or enterprise that wishes to disembark from the foreign vessel regularly, a foreigner wishes to disembark from the Vietnamese or foreign vessel within 3 months, except for officials and employees working for state authorities responsible for port management.

2. Validity of disembarkation cards

a) The disembarkation card granted by a port border guard is only valid to use at the port checkpoint where such port border guard in charge.

b) The person that has been granted the disembarkation card commits violations while working at the port checkpoint shall have his/her card revoked.

3. Procedures for issuance of disembarkation cards

a) The applicant for the disembarkation card or representative of authority or enterprise shall submit and present the following documents to the port border guard:

Documents that are required to submit: A written reference or a written response to request the issuance of the disembarkation card made by the authority or enterprise; a list on personal information of the applicant made according to the specimen No. 5 of the Appendix attached hereto; a color photo with the size of 2 cm x 3 cm for the applicant that wishes to apply for the 12-month disembarkation card.

Documents that are required to present: The passport or international travel document if the applicant is a foreigner;

b) As soon as all the required documents specified in Point a this Clause are received, the port border guard shall consider granting the disembarkation card;

c) The charge for granting the disembarkation card shall be subject to regulations of law on fees and charges.

4. The applicant that has been granted the disembarkation card shall comply with regulations of Vietnam law and regulations of the disembarkation card.

5. If the aforesaid documents are rejected, the port border guard shall make a written notification specifying explanation when:

a) The rejection is made for the purposes of national security;

b) The applicant for the disembarkation card is not allowed to leave or has exit procedures postponed; or uses fake or expired identity documents;

c) The rejection is made for the purposes of social safety and orders; epidemic prevention and control.

According to this Article, the disembarkation cards granted to foreign seamen will have two types of durations specified above: disembarkation cards for a period of 12 months and disembarkation cards for a period of 3 months in Vietnam.

What do foreigners working at port checkpoints need to comply with in Vietnam?

In Clause 2, Article 26 of Decree 77/2017/ND-CP, Vietnamese people and foreigners working at port checkpoints as follows:

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.

Thus, foreigners coming to work and operate at the port must comply with the above regulations in Vietnam.

Best Regards!