Subjects inspected and supervised by port border guards in Vietnam

Subjects inspected and supervised by port border guards in Vietnam (Internet image)

1. What is border guard inspection and supervision?

According to Clause 11 Article 3 of Decree 77/2017/ND-CP, border guard inspection and supervision means port border guard officers taking professional measures to check, assess and identify validity of documents and people and vehicles entering and leaving port checkpoints for national security purposes.

2. Subjects inspected and supervised by port border guards in Vietnam

Specifically, in Article 18 of Decree 77/2017/ND-CP, subjects inspected and supervised by port border guards in Vietnam include:

- 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.

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

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

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

+ 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;

+ 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;

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

+ 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.

3. Contents of border guard inspection and supervision in Vietnam

The border guard inspection and supervision shall comply with the following contents:

- Conduct inspections of the validity of the documents specified in Clause 4 Article 18 of Decree 77/2017/ND-CP.

- Carry out inspections of actual seamen and passengers on the vessel.

- Supervise activities of people and operation of the vessel and other Vietnamese or foreign vehicles stipulated in Clauses 1, 2 and 3 Article 18 of Decree 77/2017/ND-CP.

(Article 19 of Decree 77/2017/ND-CP)

4. Measures to inspect and supervise border guards at port border gates
According to Article 20 of Decree 77/2017/ND-CP, border border inspection and supervision measures are prescribed as follows:

- Check and compare the information declared in the electronic declarations, the paper declarations submitted by the procedure-followers with the papers presented by the procedure-followers.

- Check and compare documents specified at Point b, Clause 4, Article 18 of Decree 77/2017/ND-CP with the identity of the bearer of those papers.

- Check and compare the contents written in the papers specified at Points c and d, Clause 4, Article 18 of Decree 77/2017/ND-CP with the activities of people and vehicles granted papers. there.

- Direct inspection and supervision at the ship in the following cases:

+ Ships carrying international tourists;

+ Vessels and passengers on board have obvious signs of violation of the law on immigration and security;

In case ships and people on board commit violations of the law in the field of customs, maritime and epidemic prevention and control, the port border guards shall coordinate in direct inspection and supervision at the port. vessels at the request of specialized state management agencies at the port;

+ Someone is hiding on a boat;

+ There are grounds to determine that the declared information about ships, crew members and passengers is incomplete or inaccurate;

+ Deems it necessary at the request of the ship owner or master;

+) The commander of the port border guard station, the commander of the port border guard station shall decide on the implementation of inspection and supervision directly at the ships and shall take responsibility before law for their decisions.

- Monitoring by area at wharf, port water area.

- Direct monitoring at port gates, control stations.

- Monitoring by technical means.

- Patrol, maneuver control.

- Professional measures as prescribed by law.

Thanh Rin

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