Nghị định 234/2025/NĐ-CP quy định đối với tàu quân sự nước ngoài đến Việt Nam và tàu quân sự Việt Nam đi nước ngoài

DECREE

ON FOREIGN NAVAL SHIPS ENTERING THE SOCIALIST REPUBLIC OF VIETNAM AND NAVAL SHIPS OF THE SOCIALIST REPUBLIC OF VIETNAM ENTERING FOREIGN COUNTRIES

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Vietnam Maritime Code No. 95/2015/QH13;

Pursuant to the Law on Vietnamese Sea No. 18/2012/QH13;

Pursuant to the Law on National Security No. 32/2004/QH11;

Pursuant to the Law on National Border No. 06/2003/QH11;

Pursuant to the Law on Customs No. 54/2014/QH11;

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Pursuant to the Law on Vietnam Coast Guard No. 33/2018/QH14;

Pursuant to the Law on Vietnamese Border Guard No. 66/2020/QH14;

Pursuant to the Law on Entry, exit, transit, and residence of foreigners in Vietnam No. 47/2014/QH13; Law on amendments to a number of Articles of Law on entry, exit, transit and residence of foreigners in Vietnam No. 51/2019/QH14;

Pursuant to the Law on Entry and Exit of Vietnamese Citizens No. 49/2019/QH14;

Pursuant to the Law on amendments to some Articles of Law on Entry and Exit of Vietnamese Citizens and Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam No.23/2023/QH15;

Pursuant to the Law on Management and Use of Weapons, Explosive Materials and Support Instruments No. 42/2024/QH15;

At the request of the Minister of National Defense;

The Government promulgates the Decree on foreign naval ships entering the Socialist Republic of Vietnam and naval ships of the Socialist Republic of Vietnam entering foreign countries.

Chapter I

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Article 1. Scope

This Decree regulates the authority and procedures for licensing; procedures for entry, exit and transit; inspection and supervision; security, safety, receipt and state management of foreign naval ships entering the Socialist Republic of Vietnam (hereinafter referred to as “foreign naval ships entering Vietnam”) and naval ships of the Socialist Republic of Vietnam entering foreign countries (hereinafter referred to as “Vietnamese naval ships entering foreign countries”).

Article 2. Regulated entities

1. Foreign naval ships entering Vietnam; Vietnamese naval ships entering foreign countries; members on ships; Vietnamese state management authorities; organizations and individuals related to operations of foreign naval ships entering Vietnam and Vietnamese naval ships entering foreign countries.

2. Public service ships equipped with military weapons of some countries, territories; ships of international military organizations that arrive at Vietnam for visits, corporation or repair.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. A foreign naval ship means a ship of the armed force of a country bearing a sign that express its nationality. It is commanded by a naval officer that serves such country, and his/her name is in the list of officers or an equivalent document. It is operated by a crew under military orders and discipline.

2. An Vietnamese naval ship means a ship under management of the Ministry of National Defense bearing a sign that express Vietnamese nationality. It is commended by an officer of Vietnamese People’s Army, and his/her name is in the list of officers or an equivalent document. It is operated by a crew under military orders and discipline.

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4. Vietnamese naval ships entering foreign countries mean Vietnamese naval ships that enter territorial waters, internal waters and ports of foreign countries for visits, corporation or repair.

5. Naval ships making visits mean naval ships of a country making visits to another country for exchange and cooperation activities with the purpose of strengthening friendly relations between the people and armed forces of the two nations.

6. Naval ships that enter for other activities mean naval ships of a country entering another country for the following activities: joint patrol; humanitarian activities; search and rescue activities; maritime metrology and survey activities; searching for remains; pirate prevention (including anchoring and services to support prescribed activities); provision of rest for the crew and other specialized activities as agreed between the port state and the flag state.

7. Naval ships of a country entering another country for repair mean naval ships that enter for maintenance and repair under contracts with enterprises of the port state.

8. Members of naval ships mean the chief commissioner (if any), the captain, sailors and other people on ships.

9. A naval port means a port managed and operated by the Ministry of National Defense in accordance with regulations of such port.

10. Specialized state management authorities at ports include port border guard forces; port customs forces; port authorities; international quarantine authorities; authorities for animal and plant quarantine at port borders.

11. A person carrying out procedures means the chief commissioner, the captain or an authorized person.

Article 4. Principles for foreign naval ships entering Vietnam and Vietnamese naval ships entering foreign countries

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a) Foreign naval ships entering Vietnam that violates regulations in this Decree and other Vietnamese laws shall be handled through diplomatic channels based on Vietnamese laws or international treaties to which Vietnam is a party;

b) The chief commissioner or the captain of foreign naval ships entering Vietnam is responsible for consequences of any violations committed by the crew during their activities in Vietnam;

c) Crew members of foreign naval ships entering Vietnam that commit violations against Vietnamese laws shall be handled in accordance with Vietnamese laws (except individuals entitled to diplomatic privileges and immunities);

d) When a maritime accident or an issue related to maritime security and safety occurs, the chief commissioner or the captain of foreign naval ships entering Vietnam is responsible for notifying the port border guard force and reporting the maritime accident in accordance with the law;

dd) The handling of maritime accidents related to foreign naval ships entering Vietnam shall comply with the Vietnam Maritime Code and international treaties to which Vietnam is a party.

2. Vietnamese naval ships entering foreign countries shall comply with the following regulations:

a) Comply with the guidelines and policies of the Communist Party of Vietnam; laws and regulations of the State; regulations of the Ministry of National Defense on international integration and defense diplomacy;

b) Comply with the plan for the ship, force, weapons and technical equipment approved by the Minister of National Defense;

c) Comply with regulations on protection of state secrets and military secrets;

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Chapter II

FOREIGN NAVAL SHIPS ENTERING VIETNAM

Section 1. AUTHORITY AND PROCEDURES FOR GRANTING PERMISSION; PROCEDURES FOR ENTRY, EXIT AND TRANSIT

Article 5. Authority for decision

The Minister of National Defense shall decide the entry into Vietnam of foreign naval ships for visits, cooperation activities or repair.

Article 6. Procedures for licensing

The Minister of National Defense shall regulate the procedures for licensing foreign naval ships to enter Vietnam for visits, cooperation activities or repair.

Article 7. Notification regarding the entry, exit from Vietnam of foreign naval ships; and the use of maritime pilot in Vietnam of foreign naval ships

1. At least 24 hours before a foreign naval ship is scheduled to arrive at a Vietnamese port, the person carrying out procedures shall notify in person or via means of communication to the port authority or port border guard force of the at the port where the ship arrives.

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3. Upon entry, exit or moving in Vietnamese port waters, foreign naval ships shall use Vietnamese maritime pilot for maneuvering and pay charges for pilotage services.

Article 8. Procedures for entry, exit and transit of foreign naval ships at ports in Vietnam

1. Procedures for entry, exit and transit of ships and crew members on foreign naval ships shall be carried out directly on ships. Procedures for entry and arrival transit shall be carried out immediately when ships arrive at pilot embarkation or disembarkation areas and ended before ships reach anchoring or mooring position. Procedures for exit or departure transit shall be ended before ships moving out of ports

2. Crew members of foreign naval ships may use military ID cards or the list of crew members for entry or disembarkation within provinces and cities where ships anchor. They are not allowed to use prescribed documents for entry into other borders.

3. The Minister of National Defense shall regulate compulsory documents upon entry, exit and transit of foreign naval ships at ports in Vietnam.

4. An inspection team carrying out procedures for entry, exit and transit includes:

a) Head of the team: A representative of the port border guard force;

b) Members of the team carrying out procedures for entry include representatives of port authority; port customs force; international quarantine authority; authority for animal and plant quarantine at port borders (if the ship is required to carry out animal and plant quarantine);

c) Members of the team carrying out procedures for exit and transit include representatives of port authority; port customs force.

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1. Procedures for entry, exit and transit of foreign naval ships entering territorial waters, internal waters outside of port waters in Vietnam shall be carried out at offices of province-level port authorities where ships arrive.

2. The Minister of National Defense shall regulate compulsory documents upon entry, exit and transit of foreign naval ships entering territorial waters, internal waters outside of port waters in Vietnam.

Section 2. ACTIVITIES OF FOREIGN NAVAL SHIPS ENTERING VIETNAM AND DISEMBARKATION OF CREW MEMBERS

Article 10. Activities of foreign naval ships entering Vietnam for visits

1. Foreign naval ships entering Vietnam for visits are allowed to anchor and operate at licensed ports or naval ports. They shall comply with regulations in this Decree, relevant Vietnamese laws and guidelines of specialized state management authorities at ports.

2. Foreign naval ships entering Vietnam for visits shall comply with the following regulations:

a) Foreign naval ships enter Vietnam for visits no more than 03 times within 01 year;

b) No more than 03 ships are allowed to anchor at the same port at the same time.  The anchoring duration shall not exceed 07 days;

c) In special cases, the Minister of National Defense shall propose the Prime Minister for consideration and decision.

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1. Foreign naval ships entering territorial waters, internal waters and ports in Vietnam shall only carry out activities that are agreed between relevant Vietnamese ministries, central authorities, local authorities and the flag state; and are within the scope licensed by the Ministry of National Defense.

2. Foreign naval ships entering Vietnam carrying out other activities in territorial waters, internal waters outside of port waters in Vietnam that wish to engage in other activities than the permitted scope shall only carry out such activities after obtaining approval from the Ministry of National Defense of Vietnam.

If the ships must move due to force majeure events or for rescuing human, ships or aircrafts in distress, they shall immediately notify the Ministry of National Defense of Vietnam, presiding ministries and relevant province-level People's Committees after arriving at a safe anchoring position.

Article 12. Activities of foreign naval ships entering Vietnam for repair

1. After being licensed to enter Vietnam for repair, the captain of foreign naval ships shall notify and keep in touch with port authorities of where ships arrive at least 48 hours before entering Vietnamese territorial waters.

If there are changes to the licensed content, the captain shall notify the Vietnamese enterprise that conducts repairing to cooperate with relevant competent authorities to resolve before the ship enters for repair.

2. Foreign naval ships entering Vietnam for repair shall anchor repair at licensed ship-repairing facilities.

The Minister of National Defense shall regulate the number of naval ships of the same country entering Vietnam for repair at the same time at the same repairing facility.

3. During the entry, exit and repair, foreign naval ships, crew members, ship-repairing facilities shall comply with Vietnamese laws; regulations of ports; guidelines, inspection and supervision of specialized state management authorities at ports.

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5. The exchanges and visits shall be conducted after being approved by the Ministry of National Defense of Vietnam.

6. The Minister of National Defense shall regulate the content and scope of security services provided by security enterprises for foreign naval ships entering Vietnam for repair that wish to hire security services during the anchoring and repairing period.

Article 13. Disembarkation of crew members of foreign naval ships entering Vietnam for visits, cooperation activities and repair

1. Crew members of foreign naval ships entering Vietnam for visits shall only disembark after procedures for entry or arrival transit are completed; and return to ships before specialized management authorities conduct procedures for exit or departure transit for ships. The disembarkation of crew members shall comply with Vietnamese laws, guidelines, inspection and supervision of port border guard forces and local police authorities where ships anchor; show respect to the culture, customs and practices of Vietnam. In case of carrying goods, they must comply with Vietnamese laws regarding customs, health and quarantine.

2. During disembarkation according to the official program of the visit, crew members shall travel in groups with the chief commissioner (a group leader); shall not carry weapons, explosives or support instruments. Military soldiers shall wear their military uniforms. Members of other specialized organizations or units shall wear the uniforms of their respective organizations. The chief commissioner (a group leader) is responsible for supervising and managing group members during official programs of visits. If a group member is absent from any official program, the chief commissioner (a group leader) shall notify the receiving authorities.

3. During disembarkation for personal purposes, crew members may travel either in groups or alone. They shall not carry weapons, explosives and support instruments. They are allowed to wear casual clothes.

4. In cases ships anchor in territorial waters, internal waters outside of port waters, enterprises transporting crew members ashore shall obtain licenses for maritime passenger transport and sign a contract with ships. The means and operators providing transport service shall obtain licenses in accordance with clause 3, Article 15 of this Decree.

5. During disembarkation within provinces or cities where ships anchor, crew members shall comply with the following regulations:

a) Crew members are not required to apply for Vietnamese visa;

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c) When crew members wish to stay overnight on land, the chief commissioner or the captain shall apply for a permit issued by port border guard forces;

d) Procedures and fees for issuance of permits for disembarkation of crew members of foreign naval ships shall comply with Articles 23 and 25 of Decree 77/2017/ND-CP dated July 03, 2017 of the Government on management and security at port borders.

6. Crew members traveling outside of provinces or cities where ships anchor shall comply with the following regulations:

a) Crew members that wish to travel outside of provinces or cities where ships anchor shall hold a Vietnamese visa (except for those holding passports eligible for visa exemption) and comply with Vietnamese laws on entry and exit;

b) During disembarkation according to the official program of the visit, crew members are exempt from visa fees if they are not eligible for Vietnamese visa exemption;

c) During disembarkation for personal purposes, crew members shall pay visa fees in accordance with regulations of the Ministry of Finance if they are not eligible for Vietnamese visa exemption.

Article 14. Prohibited activities of foreign naval ships entering Vietnam

1. Infringe the independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam.

2. Collect intelligence, record videos, take photos and draw in restricted areas and other acts that harm the national security, social order and safety of the Socialist Republic of Vietnam.

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4. Transport weapons of mass destruction, radioactive substances, chemical and biological poisons, and narcotic substances.

5. Disembark people, goods or means from ships against Vietnamese laws on entry, exit, and import-export. If such disembarkation is for rescuing persons in distress, it is required to immediately notify specialized state management authorities at ports in Vietnam after disembarkation.

6. Deploy, receive or load any aerial means or military equipment on ships without approval of competent state management authorities of the Ministry of National Defense of Vietnam.

7. Conduct research, surveying, fishing, trading activities; cause disruption to communication systems, radar systems, transportation without approval of competent state management authorities of Vietnam.

8. Cause environmental pollution; damage equipment and facilities at sea and in ports.

9. Use divers or other underwater diving equipment without approval of competent authorities of the Ministry of National Defense of Vietnam.

10. Voluntarily maneuver alongside other ships or enter prohibited areas.

11. Cause public disorder, obstruct or resist the enforcement of duties of Vietnamese authorities.

12. Conduct training, drills, demonstration and performances of weapons, aerial means, military equipment without approval of the Ministry of National Defense of Vietnam.

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Section 3. ISSUANCE OF LICENSES; INSPECTION, SUPERVISION; SECURITY, SAFETY; DIPLOMATIC CEREMONIES FOR ACTIVITIES RELATED TO FOREIGN NAVAL SHIPS AT ANCHORING POSITION

Article 15. Issuance of licenses for Vietnamese and foreign organizations, individuals and means carrying out activities related to foreign naval ships

1. The Ministry of National Defense of Vietnam shall issue licenses for foreign naval ships entering Vietnam to use infantry weapons or prop guns for ceremonies, flag-rising ceremonies, ceremonies when ships enter or leave ports; and to use aerial means.

Foreign naval ships entering Vietnam that use infantry weapons for ceremonies when ships anchor at ports, use prop guns for ceremonies or use aerial means shall include these activities in their official programs, attach them with the formal notification requesting permission to visit Vietnam and obtain approval from the Ministry of National Defense o Vietnam. These weapons shall be unloaded.

2. Foreign naval ships entering Vietnam that wish to conduct diving activities, launch boats, robots or other diving equipment for technical inspection and periodic maintenance shall include these activities in their official programs attached to the formal notification requesting permission to visit Vietnam. The execution of diving activities, launch of boats, robots, means or other diving equipment shall be subject to inspection and supervision of port border guard forces and port authorities where ships anchor. The activities in emergency cases beyond the official activities related to the safety of the ships shall be subject to approval and supervision of port border guard forces and port authorities where ships anchor.

3. Vietnamese and foreign organizations, individuals and means (except for cadres, staff and means of specialized state management authorities at ports and naval ports while performing duties) that enter, exit or operate in the anchoring area of foreign naval ships; disembark foreign naval ships to work or carry out other activities during the period the ships are anchored at ports, naval ports, internal waters or territorial waters of Vietnam shall obtain licenses issued by port border guard forces at ports where ships anchor in accordance with Articles 24 and 25 of Decree No. 77/2017/ND-CP dated July 03, 2017 of the Government on management and security at port borders.

Vietnamese and foreign means maneuvering alongside foreign naval ships shall obtain approval of port border guard forces at ports where ships anchor. Operators of such means shall hold licenses issued by port border guard forces at ports where foreign naval ships anchor.

4. Organizations, individuals and means prescribed in clause 3 of this Article shall comply with the following regulations:

a) They are only allowed to obtain licenses when carrying activities in the official programs of foreign naval ships, or upon the written request or written approval of the chief commissioner or the captain of foreign naval ships;

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Article 16. Inspection, supervision; security, safety for foreign naval ships entering Vietnam

1. Port border guard forces shall take charge and cooperate with competent authorities in ensuring security and safety for foreign naval ships entering Vietnam; inspecting, supervising activities of foreign naval ships, crew members during their disembarkation, people and means that enter and operate at the anchoring position of foreign naval ships, people that disembark from the ships, and means that maneuver alongside foreign naval ships.

2. After inspection and supervision, port border guard forces shall apply the following professional methods:

a) Directly supervise the voyage of foreign naval ships entering Vietnam for visits (from the time the ships anchor at the pilot embarkation or disembarkation areas until they anchor at ports);

b) Inspect documents of crew members of crew members during their disembarkation; Vietnamese and foreign people disembarking from the ships; means maneuvering alongside foreign naval ships;

c) Conduct inspection of the area, port waters; conduct direct inspection at port gates and checkpoints where foreign naval ships anchor;

d) Supervise by using technical means;

dd) Carry out patrols and irregular inspection;

e) Other professional methods in accordance with law.

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a) The Ministry of National Defense shall assign the force to take charge and cooperate with other competent authorities in ensuring security and safety at the anchoring area of foreign naval ships; inspecting and supervising of activities of foreign naval ships, crew members, relevant people and means;

b) The inspection and supervision force may apply the methods prescribed in clause 2 of this Article.

Article 17. Diplomatic ceremonies

1. The Ministry of National Defense shall take charge and cooperate with local authorities where the ships arrive, and with relevant ministries and central authorities in carrying out reception ceremonies and activities.

2. Comply with general regulations on diplomatic ceremonies of Vietnam and applicable regulations on national defense diplomatic ceremonies.

Chapter III

VIETNAMESE NAVAL SHIPS ENTERING FOREIGN COUNTRIES

Article 18. Authority and procedures for licensing

1. The Minister of National Defense shall decide Vietnamese naval ships entering foreign countries for visits, cooperation activities or repair.

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Article 19. Entry and exit

Procedures for entry and exit of Vietnamese naval ships entering foreign countries shall comply with Decree No. 73/2020/ND-CP dated June 30, 2020 of the Government on immigration control of persons entering or exiting Vietnam territory on national defense and security transport for national defense and security purposes.

Article 20. Security and safety

Units assigning ships shall take charge and cooperate in inspecting, supervising and ensuring security and safety before deploying ships to overseas; ensuring security and safety for ships, forces, weapons and equipment throughout the outbound and return voyage.

Chapter IV

STATE MANAGEMENT RESPONSIBILITIES OF FOREIGN NAVAL SHIPS ENTERING VIETNAM AND VIETNAMESE NAVAL SHIPS ENTERING FOREIGN COUNTRIES

Article 21. Responsibilities of the Ministry of National Defense

1. The Ministry of National Defense shall assist the Government in state management of foreign naval ships entering Vietnam and Vietnamese naval ships entering foreign countries.

2. Issue; take charge and cooperate with relevant ministries and central authorities in proposing competent authorities for issuance of legislative documents regarding foreign naval ships entering Vietnam and Vietnamese naval ships entering foreign countries.

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4. Take charge and cooperate with relevant ministries, central authorities and province-level People’s Committees in carrying out reception ceremonies for foreign naval ships entering Vietnam for visits.

5. Take charge and cooperate with relevant ministries, central authorities and province-level People’s Committees in managing foreign naval ships and crew members during their time in Vietnam.

6. Take charge and cooperate with relevant ministries and central authorities in managing Vietnamese naval ships entering foreign countries.

7. Direct authorities and affiliated units to take charge and cooperate with competent authorities in ensuring security and safety for foreign naval ships entering Vietnam; inspecting and supervising activities of foreign naval ships, crew members and activities related to foreign naval ships; inspecting and supervising activities of Vietnamese naval ships entering foreign countries, crew members and activities related to Vietnamese naval ships entering foreign countries.

8.Take charge and cooperate with relevant ministries and central authorities in handling violations of foreign naval ships in accordance with Vietnamese laws or international treaties to which Vietnam is a party.

Article 22. Responsibilities of the Ministry of Foreign Affairs

1. Direct Vietnamese diplomatic missions in the countries where Vietnamese naval ships are visiting to handle the procedures for applying for diplomatic clearance for the ships and to cooperate in implementing activities within the program of the visit.

2. Provide opinions to foreign naval ships entering Vietnam and Vietnamese naval ships entering foreign countries at the request of the Ministry of National Defense.

Article 23. Responsibilities of the Ministry of Public Security

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2. Provide opinions regarding licensing foreign naval ships to enter Vietnam at the request of the Ministry of National Defense.

Article 24. Responsibilities of relevant ministries, central authorities and province-level People’s Committees

1. Cooperate with the Ministry of National Defense in receiving foreign naval ships entering Vietnam for visits when the purpose of the visits relate to sectors within jurisdiction of ministries, central authorities and province-level People’s Committees.

2. Provide opinions regarding licensing foreign naval ships to enter Vietnam and carry out activities at the request of the Ministry of National Defense.

Chapter V

IMPLEMENTATION CLAUSE

Article 25. Effect

1. This Decree comes into force from October 12, 2025.

2. Decree No. 104/2012/ND-CP dated December 05, 2012 of the Government on the foreign naval ships making visits to the Socialist Republic of Vietnam shall cease to be effective from the effective date of this Decree.

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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Bui Thanh Son