Time limit for completion of statutory procedures for a ship’s entering and leaving a seaport in Vietnam

Time limit for completion of statutory procedures for a ship’s entering and leaving a seaport in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Time limit for completion of statutory procedures for a ship’s entering and leaving a seaport in Vietnam

Time limit for completion of statutory procedures for a ship’s entering and leaving a seaport in Vietnam according to Article 96 of the Vietnam Maritime Code 2015 are as follows:

- No later than 02 hours after the time of a ship’s anchoring at a wharf or before the proposed time of a ship’s leaving a seaport, the responsible persons are required to complete stipulated procedures for the ship’s entering or leaving a seaport.

- No later than 01 hour after completion of such procedures and submission of all required documents, the port authority must make a decision to grant permission for such ship's entering and leaving its seaport.

- After completion of procedures for a ship's entering and leaving a Vietnamese seaport, that ship shall be exempted from the entry procedures at another Vietnamese seaport. The port authority in charge of managing the seaport where a ship arrives shall be subject to the permit for departure from a seaport issued by the port authority in charge of managing the seaport that such ship has left in order to allow such ship to operate at its seaport. Then, other specialized state regulatory agencies shall refer to the port movement dossier (if any) provided by a relevant port authority in charge of managing the seaport where the ship has left in order to perform regulatory operations in accordance with laws and regulations.

2. Rules for foreign military vessels’ arrival in Vietnam

Rules for foreign military vessels’ arrival in Vietnam according to Article 95 of the Vietnam Maritime Code 2015 are as follows:

- A foreign military vessel must be authorized to enter into Vietnam by competent state regulatory authorities in accordance with laws and regulations.

- The foreign military vessel that arrives in Vietnam must comply with regulations of Vietnamese laws, unless otherwise diplomatically agreed upon between the country whose national ensign is flown by that vessel and the competent state regulatory agency of Vietnam prior to such vessel's arrival in Vietnam.

- The work schedule and members working onboard that vessel must be consistent with specified arrangements; where there is any change or supplementation to the schedule or members, such change and supplementation must be subject to the permission granted by Vietnam’s competent authorities.

- In order to be allowed to enter into a Vietnamese seaport, a foreign military vessel that is heading toward Vietnam's territory waters must comply with the following regulations:

+ A submarine and any other submersible must operate above the water surface and fly the national ensign of the Socialist Republic of Vietnam at the position which is as high as that of its national ensign, unless otherwise permitted by the Government of Vietnam or agreed upon between the Government of Vietnam and the Government of the country whose national ensign is flown by such submarine or submersible;

+ Ship identification numbers and ship name must be inscribed onto the ship's body;

+ All weapons taken onboard that vessel must be placed in a rest or unmounted position or kept in locked storage;

+ That vessel must stop at the pilot embarkation and disembarkation area in order to complete procedures for entry and any procedure under the instructions of the port authority or pilotage in Vietnam;

+ Only necessary maritime safety equipment or registered frequencies used for marine communications shall be allowed for use.

+ That vessel must enter into the right seaport by sailing along the stipulated navigational route and corridor.

- If a foreign military vessel heading toward Vietnam wishes to move from this seaport to the other within the territory of Vietnam, it must apply for approval granted by Vietnam's competent authority.

3. Requirements for ships’ port arrival in Vietnam

Requirements for ships’ port arrival according to Article 94 of the Vietnam Maritime Code 2015 are as follows:

- All of ships, regardless of their nationality, tonnage and purpose of use, shall be allowed to enter into a seaport if they meet maritime safety, security, occupation, environmental protection and other conditions in accordance with laws and regulations.

- A ship shall be allowed to operate at seaports, port terminals and wharves which have been advertised for use, and must be relevant to their designed functions.

- In the event that foreign ships are underway at Vietnamese sea outside of the port water area, procedures for ships’ entering and leaving a seaport must be completed at the port authority in charge of managing that seaport. The port authority shall be responsible for overseeing operations of a ship in order to ensure maritime safety, security and environmental pollution prevention.

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