ETA

All vessels, regardless of size, nationality and purpose of use shall be permitted to operate in the water of any seaport or any maritime area of Vietnam only, when they meet the requirements of Maritime Safety and Prevention of Environment Pollution, and other requirements by the provisions of the existing laws.

 All foreign vessels of 100.0 GT and over shall have to stop at the Vung Tau Pilot Station Area and they are not permitted to enter the HCMC Ports without the permission of the Director of Maritime Administration of HCMC. In case of ensuring Maritime Safety and Prevention of Environment Pollution, the Director Maritime Administration of HCMChas the right to, as described in the Seaport Regulations at Seaports in Ho Chi Minh City Port Regulation, that foreign vessels of less than 100.0 GT must stop at the Pilot Station for further orders.

 ETA notice no less than 8 hours prior to Vung Tau Pilot Station. For the vessel permitted to enter the port in accordance with the provisions of Article 24, 25 of The Government's Decree No. 71/2006/ND-CP issued 25 July 2006 in Hanoi, the vessel's ETA requires only the vessel’s name and her ETA at the Vung Tau Pilot Station.

 For nuclear ships, the limitation of ship’s gross tonnage as provided for in paragraph 3, Article 11 of this Decree shall not apply, and no later than 24 hours prior to Vung Tau Pilot Station, the ship owners or their agents must give a notice to Maritime Administration of HCMC, notifying where the ship will call at.

 NB: All the procedures for vessel's arrival/ departure from HCMC Ports, please note in drafting translation of Decree 71 160 (abstraction) as follows:

 The Government's Decree on the Control of Maritime Activities in Seaports and the Maritime Area of Vietnam

 Chapter III

 Provisions on Maritime Activities

Section 1

 Procedures on Application for Foreign Vessels Entry into Seaports

 Article 11. Procedures on Application for Foreign Vessels Entry into Seaports

 Foreign vessels must apply for entry into the port in accordance with the following procedures, except for the provisions in point b, item 2 Article 24 of this Decree:

 1. For vessels other than military and nuclear ships:

 a) No later than 24 hours before expected time of arrival at the port, the ship owners or their agents must supply to the  Maritime Administration of the seaport a notice  of arrival of the vessel at the seaport. 

 - The Vessel's Name, Nationality, Call Sign, Port of Registry and the Name of the Shipowners;
- The Vessel's LOA, Breadth, Height and Draft on Arrival;
- The Vessel's GT, DWT and Quantity and Types of Cargoes on Board;
- The Vessel's Crew Members, Passengers and other People on Board;
- The Last Port of Call and Vessel’s ETA at the Pilot Boarding Area;
- The Purpose of Call.

For foreign vessels, application for entry into the port to carry out activities on scientific-technological research, fishery, salvage, recovery of sunken properties, tug assistance, training, culture, sports, construction of marine works and exploration and exploitation of natural resources in the Vietnamese sea area, they have to produce permits or written the approvals of relevant competent agencies of Vietnam.

 - The name of the Shipowners' agents in Vietnam

 b) No later than 2 hours before the expected time of arrival at the pilot station, the applicant shall confirm the exact time of arrival to the related Maritime Administration. 

 2. For foreign military ships, the procedures shall be carried out according to regulations specified by the Government on the activities of foreign military ships visiting the Socialist Republic of Vietnam.

 3. For foreign nuclear ships, radioactive substances ships, the Prime Minister shall decide the permission of their arrival at the proposal of the Minister of Transport.

 4. For Foreign vessels calling at Vietnam at the official invitation of the Government of the Socialist Republic of Vietnam, the particular procedures shall be carried out.

 Article 12. Exemption from Application

The vessels of 200 DWT or less flying the flag of a country bordering Vietnaam, when arriving at a seaport in the border area between Vietnam and sunh country, shall be exempt from the papers specified as regulated in the point d, item 2, article 27 of Decree 71 according to regulations of the Minister of Transport

 Foreign vessels are exempted from the application for entry into the seaport in the following cases:

 1. Foreign vessels flying the flag of any country that has signed the Shipping Agreement with Vietnam providing for the exemption from application for vessel's entry into the seaports of the respective contracting party.

 2. Foreign vessels of 150.0 DWT or below.

 3. The foreign vessels that have once carried cargoes or passengers to Vietnamese seaports within less than 12 months, counting from the last departure from the Vietnamese port.

 4. Foreign vessels encounters the following emergency:

 a) Emergency aid services for crew members or passengers on board;
b) Storm shelter;
c) Transfer of people, properties or ships that have been saved at sea.
d) Overcoming of consequences of maritime incidents or accidents.

 For the cases stated in this paragraph, the Master must quickly seek ways and means to communicate with the Maritime Port Authority or Vietnamese competent agencies nearby. At the same time, he has the obligation to prove his actions necessary and reasonable. Every act to miss-use of the provisions in this paragraph shall be subject to the existing laws.

Section B

 

Procedures for Vessels' Arrival at/and Departure from Seaports

 

Article 13. Conditions Required for Vessels' Operation in Seaports

 

1. All vessels, regardless of size, nationality and purpose of use shall be permitted to operate in the waters of any seaport or any maritime area of Vietnam only when they meet the requirements of Maritime Safety and Prevention of Environmental Pollution, and other requirements by the provisions of the existing laws.

 

2. All vessels shall be only permitted to carry out loading and discharging operations or embarkation and disembarkation at the seaports duly made public and at the wharf allowed for ship operation.

 

3. All foreign vessels of 100.0 GT and over and Vietnamese vessels of 1,000 GT and over shall have to stop at the pilot boarding area, and they are not permitted to enter the port without the order of the Director of the Maritime Port Authority. In case of ensuring Maritime Safety and Prevention of Environmental Pollution, the Director of the Maritime Port Authority has the right to provide in the Port Regulation that Vietnamese vessels of below 1,000 GT and foreign vessels of less than 100.0 GT must stop at the pilot boarding area for further order.

 

Article 14. Notice on Vessels' Arrival

 

1. No later than 8 hours before the vessel’s ETA at the pilot boarding area, the shipowners or their agents must send the Maritime Port Authority, stationed where the vessel will call at, the notice on the vessel's arrival with the details provided for in item a, paragraph 1, Article 11 of this Decree. For the vessels having permitted to enter the port in accordance with the provision of Article 11 and Article 12 of this Decree, the notice of vessels' arrival requires only the vessel's name and her ETA at the pilot boarding area.

 

2. For nuclear ships, the limitation of ship’s gross tonnage as provided for in paragraph 3, Article 11 of this Decree shall not apply and no later than 24 hours prior to the ship’s arrival at the pilot boarding area, the ship-owners or their agents must give a notice to the Maritime Port Authorities stationed where the ship will call at.

 

3. For vessels entering the port, after receiving the notice on the vessel's arrival as provided for in paragraph 1 of this Article, the Maritime Port Authority shall inform the Line State Administration agencies at the port for coordination.

 

4. Director of the Maritime Port Authority bases on the actual condition to exempt or reduce the conditions provided for in paragraph 1 of this Article for some types of vessels having gross tonnage below 200.0 GT in consideration of non-effects on Maritime Safety in that area.

 

Article 15. Confirmation of Vessel's Arrival at the Seaport

 

1. No later than 2 hours before the vessel’s ETA at the pilot boarding area, the shipowners or their agents must confirm with the relevant Maritime Port Authority of the exact time of the vessel's arrival. In case of having on board sick people, death, people saved on sea or stowaways, the shipowners must clearly inform of name, age, nationality, conditions of disease, reason of fatality and other relevant requirements.

 

2. For vessels entering the port, after receiving the confirmation from the shipowners or their agents, the Maritime Port Authority must give an immediate notice to the other Line State Administration agencies for coordination.

 

Article 16. Deployment of Vessels to Seaports

 

1. Director of the Maritime Port Authority shall be responsible for nominating the anchorage position for the vessels in the waters of the port no later than 2 hours from the time when the notice that the vessel has arrived at the pilot boarding area has been received. For the vessel entering the port, the Maritime Port Authority shall inform the other Line State Administration agencies of the time and the position nominated for the vessel's anchorage at the port right after its decision to deploy the vessel to the port has been made.

 

2. Director of the Maritime Port Authority bases on the type and size of ships, kinds of cargo, the wharf and the operation plan of the port to nominate the vessel's anchorage position for loading and discharging cargo and for embarking or disembarking passengers. Only Director of the Maritime Port Authority shall have the right to change the position of anchorage assigned.

 

Article 17. Place, Time and Documents Required for Formality Clearance of Vessels' Entry into the Seaport

 

1. Vietnamese vessels operating domestically:

 

a) Place for formality clearance: the Head Office or the Representative Office of the Maritime Port Authority;

 

b) Time required for formality clearance by the shipowners: no later than 2 hours from the time when the vessel dropped the anchor at the wharf or 4 hours from the time when the vessel dropped the anchor at other position in the waters of the port;

 

c) Time for conducting formalities by the Maritime Port Authority.

 

For sea-going vessels: No later than 1 hour from the time when the shipowners have submitted and introduced fully the following right documents:

 

The documents to be submitted (original):

 

• 1 General Declaration (Annex 1);

• 1 Crew List (Annex 2);
• 1 Passenger List (if any) (Annex 3);
• Clearance Permit of the Last Port of Departure.

 

The documents to be introduced (original):

 

• The Ship Registry Certificate;
• The documents on the Ship Technical Safety as required;
• The Crew List  Book or the similar Crew Book;
• Crew’s Professional Certificates as required.

 

For other types of vessels, the documents to be submitted and introduced shall be in accordance with the provisions of the existing laws concerned.


d) The Maritime Port Authority shall carry out the Port Entering Clearance required for the Vietnamese vessels operating domestically as provided in this paragraph.

 

2. Vietnamese vessels and foreign vessels entering the port:

 

a) Place for formality clearance: The Head Office or the Representative Office of the Maritime Port Authority, except otherwise provided for in item b below.

 

b) Formality clearance to be done on board the ship:

 

Passenger ships:

 

When there is a good reason to doubt the accuracy of the Quarantine Declaration by the shipowners or if the vessel’s Last Port of Call before Vietnam was in an area spreading disease caused by people, plants and animals, the Line State Administration agencies concerned shall conduct the clearance at the quarantine area.

 

In such two cases, these Line State Administration agencies must immediately inform the Maritime Port Authority and the shipowners of the same.

 

c) Time required for formality clearance by the shipowners or their agents: No later than 2 hours from the time when the vessel has dropped the anchor safely at the position nominated by Director of the Maritime Port Authority.

 

d) Time required for conducting formality clearance by the Line State Administration agencies: No later than 1 hour from the time when the shipowners or their agents have fully submitted and introduced the following right documents required:

 

The documents to be submitted (original):

 

• 3 General Declarations (Annex 1) to the Maritime Port Authority, the Border Immigration and the Border Customs;
• 3 Crew Lists (Annex 2) to the Maritime Port Authority, the Border Immigration and the Border Customs;
• 1 Passenger List (if any) (Annex 3) to the Border Immigration;
• 1 Cargo Declaration (Annex 4) to the Border Custom;
• 1 Ship’s Stores Declaration (Annex 5) to the Border Custom
• 1 Crew’s Effects Declaration (Annex 6) to the Border Customs;
• 1 Health Quarantine Declaration (Annex 7) to the International Health Quarantine Agency;
• 1 Declaration for Plant Quarantine (if any) (Annex 8) to the Plant Quarantine Agency;
• 1 Declaration for Animal Quarantine (if any) (Annex 9) to the Animal Quarantine Agency;
• Clearance permit of the last port of departure (original) to the Maritime Port Authority.

 

The documents to be introduced (original):

 

• The Ship Registry Certificate;
• The Certificates on Ship Safety as required;
• The Professional Certificates of Crew as required;
• The Crew List  Book (for Vietnamese vessels);
• Crew Passports or Seaman Books;
• Crew’s International Quarantine Yellow Cards;
• The Documents related to Cargoes on Board;
• The Certificate of Health Quarantine;
• The Certificate of Plant Quarantine (if any);
• The Certificate of Animal Quarantine or the Certificate of Animal Products (if cargoes are animal products) issued by the export country;
• The P&I Member Certificate, if the vessel is specialized for carriage of crude oil, oil products or other dangerous cargoes;
• Passports and the International Quarantine Yellow Cards of the passengers (if any and when required by the line State administration agencies concerned).

 

For vessels of 200.0 DWT or below flying the flag of any country having boundary with Vietnam, when calling at the seaports belonging to the border of Vietnam with that country they are exempted from submitting and introducing the documents stated in this paragraph in accordance with the provisions by the Minister of Transport.

 

e) The Line State Administration agencies shall only request the shipowners to submit and introduce the documents in respect of their administrative functions as provided for in item d of this paragraph and immediately inform the Maritime Port Authority as soon as the formality is cleared. In case of non-completion, they must clearly state the reasons and the ways to solve the problem.

 

3. The vessel that obtained the inward clearance at one port of Vietnam shall be exempted from the clearance as required in paragraph 2 of this Article when she calls at the other port. The Maritime Port Authority at the port of call shall base on the outward clearance permit issued by the Maritime Port Authority at the departure port and the General Declaration of the shipowners or their agents to decide the vessel's entry into the port for operations; the other Line State Administration agencies shall rely on the port-transfer documents (if any) issued by their respective agencies at the departure port to function their duties in accordance with the existing laws.

 

3. The formalities for entry into the port by military ships and other foreign vessels visiting Vietnam at the invitation of the Government of the Socialist Republic of Vietnam shall be conducted according to the separate provisions.

 

Article 18. Confirmation of Vessels' Departure from the Seaport

 

1. No later than 2 hours prior to the vessel's departure from the port, the shipowners or their agents must confirm with the Maritime Port Authority the name of the ship and the estimated time of departure.

 

2. For vessels' departure to foreign ports, and as soon as the confirmation by the shipowners or their agents has been received, the Maritime Port Authority shall immediately keep the relevant Line State Administration agencies well-informed accordingly enabling them to arrange the vessel's outward clearance on time.

 

Article 19. Place, Time and Documents Required for Vessels' Outward Clearance

 

1. For Vietnamese vessels operating domestically:

 

a) Place for outward clearance: The Head Office or the Representative Office of Maritime Port Authority.
b) Time required for vessels' clearance: No later than 2 hours before the vessel's departure from the port.
c) Time required for conducting outward clearance by the Maritime Port Authority: No later than one hour after the shipowner has

submitted and introduced fully the following right documents required:

 

The documents to be submitted (original)

 

- 1 General Declaration.

 

The documents to be introduced (original)

 

- The Ship Certificates and the Crew’s Competent Certificates (if changed as compared with those on arrival);
+ The Documents relating to acknowledgement of Payment of Charges, Fees, Fines or Defrayment of debts as provided for by the existing laws.

 

2. For vessels’ departure to foreign ports:

 

a) Place for outward clearance: The Head Office or the Representative Office of the Maritime Port Authority;
For passenger ships, the place for outward clearance may be on board the ship, but in any case it shall be conducted by the

Line State Administration agency that requires it and is responsible for it.

 

b) Time required for outward clearance by the shipowners or their agents: No later than 2 hours prior to the vessel's departure. For passenger ships and liner vessels: At the latest right before the vessel is about to leave the port.

 

c) Time required for conducting outward clearance by the Line State Administration agencies: No later than 1 hour after the shipowners or their agents have fully submitted and introduced the following right documents:

 

The documents to be submitted (original):

 

- 3 General Declarations to the Maritime Port Authority, the Border Immigration and the Border Custom;
- 3 Crew lists (if changed as compared with those on arrival) to the Maritime Port Authority, the Border Immigration and the Border Custom;
- 1 Passenger List (if changed as compared with those on arrival) to the Border Immigration;
- 1 Ship's Stores Declaration to the Border Custom;
- 1 Passengers' Luggage Declaration (if any) to the Border Custom. For luggage of the passengers on board foreign passenger ships who visit the port and thereafter leaving the port in the same voyage - the luggage declaration shall not apply;
- The documents issued by the Line State Administration agencies to the vessel, the crew and the passengers (for recovery).

 

The documents to be introduced (original):

 

- The Ship Certificates (if changed as compared with those on arrival);
- The Crew's Competent Certificates (if changed as compared with those on arrival);
- The Crew's Passports, Passengers' Passports;
- The Crew’s Quarantine Yellow Cards, Passengers' Quarantine Yellow Cards (if changed as compared with those on arrival);
- The Health Quarantine Certificate (if any);
- The Animal Quarantine Certificate or the Animal Products Quarantine Certificate (if any);
- The Documents Relating to the Cargoes on Board;
- The Documents Relating to acknowledgement of Payment of Charges, Fees, Fines or Defrayment of Debts as provided for by the existing laws.

Arrival

All the vessels’ arrival to Hochiminh City seaport must comply the provisions on Maritime activities which stipulated in the Government’s Decree on management of seaports and maritime channels (called in briefly No 71/2006/ND-CP issued on July 25th 2006 ).

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