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THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
62/2003/QD-BTC
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Hanoi,
April 25, 2003
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DECISION
ISSUING THE TABLE OF MARITIME CHARGES AND FEES FOR INLAND
TRANSPORT SHIPS AND SPECIAL MARITIME CHARGES AND FEES
THE MINISTER OF FINANCE
Pursuant to the Vietnam Maritime Code
promulgated on June 30, 1990;
Pursuant to August 28, 2001 Ordinance No. 38/2001/PL-UBTVQH10 on Charges and
Fees;
Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002
defining the functions, tasks, powers and organizational structures of the
ministries and ministerial-level agencies;
Pursuant to the Government's Decree No. 178/CP of October 28, 1994 on the
tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Government's Decree No. 57/2002/ND-CP of June 3, 2002 detailing
the implementation of the Ordinance on Charges and Fees;
At the proposals of the Ministry of Communications and Transport in Official
Dispatch No. 1665/GTVT-PC of April 24, 2003 and the director of the Enterprise
Finance Department,
DECIDES:
Article 1.- To issue
together with this Decision the Table of maritime charges and fees for inland
transport ships and special maritime charges and fees.
Article 2.- The agencies
tasked to organize the collection of maritime charges and fees shall have to
organize this work and be allowed to deduct a percentage (%) of the total
amount of collected charges and fees before remitting the rest into the State
budget according to the following provisions:
a/ Maritime port authorities may collect tonnage
charges, charges for moorage in lagoon or bay, charges for use of piers, quays
or mooring buoys built with State budget investment and managed by port
authorities; fees for arrival at and departure from seaports; authentication
fee (maritime protests), and are allowed to retain 35% of the total collected
charge and fee amounts. Vietnam National Maritime Bureau is allowed to
redistribute such retained amounts among port authorities.
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c/ The maritime piloting companies may collect
pilotage and implement the financial regime according to the current
regulations.
The management of the use of charge and fee
amounts deducted under the provisions at Items a, b and c of this Article shall
comply with the guidance of Ministry of Finance.
Article 3.- The rates of
the charge for moorage in lagoon or bay, the charge for use of piers, quays or
mooring buoys built without State budget investment or with State investment
but then transferred to seaport enterprises, and the maritime assurance charge
for special-purpose fairways of the enterprises operating on the principles of
cost-accounting and financial autonomy principles are inclusive of VAT.
Article 4.- This
Decision takes implementation effect from May 15, 2003; the provisions on
maritime charges and fees and the seaport service charges in the Finance
Ministry's Decision No. 48/2001/QD-BTC of May 28, 2001, the Government Pricing
Committee's Decision No. 86/2000/QD-BVGCP and Decision No. 87/2000/QD-BVGCP of
November 10, 2000 and other regulations contrary to this Decision shall all be
annulled.
Article 5.-
Organizations and individuals liable to pay maritime charges and fees; agencies
and organizations collecting maritime charges and fees and concerned units
shall have to implement this Decision.
FOR THE MINISTER OF FINANCE
VICE MINISTER
Tran Van Ta
TABLE
OF MARITIME CHARGES AND FEES FOR INLAND TRANSPORT SHIPS, AND SPECIAL MARITIME
CHARGES AND FEES
(Issued together with Decision No. 62/2003/QD-BTC of April 25, 2003 of the
Ministry of Finance)
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I. CURRENCY FOR CALCULATION
OF MARITIME FEES AND CHARGES
Vietnam dong is the prescribed currency for
maritime charges and fees collected from inland transport ships.
II. MARITIME CHARGE AND FEE
CALCULATION UNITS AND ROUNDING METHODS
The maritime charge and fee rates shall be
calculated on the basis of gross tonnage (GT); the main engine's capacity
calculated in horse power (HP) or kwatt (kW) of ships; time shall be calculated
in hour or day; distance shall be calculated in nautical mile, specifically:
1. Tonnage unit:
1.1. For dry carriers (including containers),
the tonnage used for calculation of maritime charge or fee is the maximum GT
inscribed in the registry's certificates.
1.2. For liquid-cargo tankers, the tonnage used
for calculation of maritime charge or fee is equal to 85% of the maximum GT
inscribed in the registry's certificates, regardless of whether or not the
ships have ballast or partition tanks.
1.3. For ships arriving or departing for
transporting passengers, repair or dismantlement, the tonnage used for
calculation of maritime charge or fee is equal to 50% of the maximum GT
inscribed in the registry's certificates.
1.4. For ships without GT inscription, the
tonnage used for calculation of maritime charge or fee is converted as follows:
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- For tugs and pushers: 1 HP is equal to 0.5 GT.
- For barges: 1 ton of registered tonnage is
equal to 1 GT.
1.5. For ships being fleets of barges and tugs
(or pushers): The tonnage used for calculation of maritime charge or fee is the
total GT of the entire fleets of barges and tugs (or pushers).
2. Engine capacity's calculation unit: is horse
power (HP) or KW; the odd part under 1 HP (KW) shall be rounded up to 1 HP (or
KW)
3. Time calculation unit:
- For the time unit being day: 1 day has 24
hours; a day's part of 12 hours or less shall be regarded as half a day, over
12 hours as 1 day.
- For the time unit being hour: 1 hour has 60
minutes; the time of 30 minutes or less shall be regarded as half an hour, over
30 minutes as an hour.
4. Distance for calculation of maritime charges:
is nautical mile. The distance of less than one nautical mile shall be regarded
as 1 nautical mile. The unit for calculation of wharfage is meter, the odd
under 1 meter shall be regarded as 1 meter.
III. DIVISION OF SEAPORT
REGIONS
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- Region 2: Covering ports situated in the area
between parallel 11.5 and parallel 20.
- Region 3: Covering ports situated in the area
from parallel 11.5 southwards.
IV. INTERPRETATION OF TERMS
Some words and phrases in this Decision are
construed as follows:
1. Export goods (including containers) are goods
delivered from Vietnam (departure) to foreign countries (destination).
2. Import goods (including containers) are goods
delivered from foreign countries (departure) to Vietnam (destination).
3. Ships include sea-going and river-going ships
and other ships, boats and means (with or without motors) operating on the sea
or waters related to Vietnam's sea.
4. Construction ships are ships exclusively used
for construction of water projects.
5. International transportation means the
transportation of goods, containers and/or passengers from Vietnam to foreign
countries and vice versa, transit transportation, relay transportation, and
transportation into or out of export-processing zones.
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7. Trip: An arrival at and a departure from a
port by a ship is regarded as one trip.
B. TABLE OF MARITIME CHARGES
AND FEES APPLICABLE TO INLAND TRANSPORT SHIPS
I. SUBJECTS OF APPLICATION
The table of maritime charges and fees for
inland transport ships applies to the following subjects:
1. Organizations and individuals that have ships
transporting cargo and/or passengers actually into, from, through or mooring in
maritime zones or waters of Vietnamese seaports.
2. Ships of the armed forces, police, customs or
port authorities, which are on official duty, shall not be subject to this
Decision (if they are engaged in economic activities or transporting cargoes on
hire, they must be subject to payment of maritime charges and/or fees under the
provisions of this Decision).
II. SPECIFIC PROVISIONS
1. Tonnage charge:
1.1. For ships arriving at or departing from
Vietnamese seaports, tonnage charge must be paid at the following rate:
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- Departure: VND 250/GT
1.2. For ships arriving at or departing from
ports for taking fuel, food, fresh water and/or changing crews without loading
or unloading cargoes or embarking or disembarking passengers, a tonnage charge
equal to 70% of the rate stated at Point 1.1. of this Item must be paid.
1.3. For ships only mooring at buoy, in lagoon
or bay throughout the cargo-unloading time, a tonnage charge equal to 50% of
the rate stated at Point 1.1. of this Item must be paid.
1.4. For cargo or passenger ships arriving at or
departing from ports situated in the same maritime zone under the management of
a single port authority with more than four trips a month, from the fifth trip
onwards in the same month, a tonnage charge equal to 50% of the rate applicable
to the same case must be paid.
1.5. Tonnage charges shall not be collected in
the following cases:
- Ships arriving at or departing from ports for
sheltering from typhoons, emergency treatment of patients, without loading or
unloading cargoes or embarking or disembarking passengers.
- Vietnam's ships exclusively used for fishing
and sport yachts.
1.6. For ships subject to different charge rates
per arrival at/departure from port, the lowest charge rate shall apply.
2. Maritime assurance charge:
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2.1.1. Ships of a tonnage of 2,000 GT or under:
- Arrival: VND 250/GT
- Departure: VND 250/GT
2.1.2. Ships of a tonnage of 2,001 GT or above:
- Arrival: VND 500/GT
- Departure: VND 500/GT
2.2. For cargo or passenger ships arriving at or
departing from ports situated in the same maritime zone under the management of
a single port authority more than four trips a month, from the fifth trip onwards
in the same month, a maritime assurance charge equal to 70% of the rate
applicable to the same case must be paid.
2.3. For ships arriving at permitted maritime
locations for taking oil, food, fresh water, changing crews and/or emergency
treatment of patients, a maritime assurance charge equal to 70% of the rate
stated at Point 2.1. of this Item must be paid.
2.4. Maritime assurance charge shall not be
collected in the following cases:
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2.5. For ships subject to different charge rates
per arrival at or departure from port, the lowest charge rate shall apply.
3. Pilotage
3.1. Ships arriving at or departing from
Vietnamese seaports, the following pilotage rate shall apply:
- Arrival: VND 20/GT -HL
- Departure: VND 20/GT - HL
The minimum charge amount to be collected: VND
300,000
- Moving from pier to pier: VND 60/GT
The minimum charge amount to be collected: VND
200,000
3.2. Pilotage rates for a number of routes:
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- Arrival: VND 25/GT -HL
- Departure: VND 25/GT - HL
The minimum charge amount to be collected: VND
1,500,000
- Movement within port: VND 60/GT
The minimum charge amount to be collected: VND
200,000
b/ The route for piloting ships in the areas of
oil rigs:
- Piloting for calling: VND 120/GT
- Piloting for departing: VND 120/GT
c/ The route for piloting ships in the area of
Kien Giang
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- Phu Quoc area: VND 40/GT-HL
d/ The route from Genh Rai bay to Cai Mep on Thi
Vai river:
- Arrival: VND 40/GT -HL
- Departure: VND 40/GT - HL
e/ Cua Lo, Xuan Hai, Ben Thuy (area of Nghe Tinh
port) routes:
- Arrival: VND 55/GT -HL
- Departure: VND 55/GT - HL
The minimum charge amount to be collected per
arrival or departure piloting: VND 500,000
f/ The Dam Mon port route (Van Phong bay):
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- Departure: VND 30/GT - HL
The minimum charge amount to be collected:
- Per arrival or departure piloting: VND 300,000
- Per movement within port: VND 200,000
g/ The route from buoy zero to Nghi Son (Thanh
Hoa), Chan May, Dung Quat or Vung Ang port:
- Arrival: VND 55/GT -HL
- Departure: VND 55/GT - HL
The minimum charge amount to be collected: VND
500,000
- Movement within port: VND 50/GT
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3.3. If requesting piloting, ship owners must
notify pilots 6 hours in advance. If wishing to change the appointment time or
cancel the piloting requests, they must notify pilots thereof 3 hours in
advance; if failing to make such notice within this time limit, ship owners
shall have to pay a waiting-time charge at the following rates:
- Pilots: VND 20,000/person-hour.
- Pilots and means: VND 200,000/hour
Following is the method of calculating the
waiting time:
a/ If pilots have not yet left their departure
place: To be calculated as one hour.
b/ If pilots have left their departure place:
The waiting time is counted from the time of departure to the time of coming
back to the initial place.
c/ Pilots shall wait at ship-receiving places
for no more than 4 hours; past this time limit, piloting requests shall be
deemed as having been canceled; if the ship owners cancel their requests only
after pilots have got on board their ships, they must pay an amount equal to
the pilotage to be paid for the channels for which they requested piloting at
the rate specified at Point 3.1 or 3.2 of this Item.
d/ If, after the pilots have finished their
piloting jobs, the ship owners still keep them on board for some time, such
time shall be regarded as waiting time.
3.4. If ships go on itinerary for testing their
machinery and equipment or adjusting compasses, they shall be charged 110% of
the prescribed rate.
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3.6. If ships do not navigate straight to destination
ports but ask for calls en route (except for routes where night navigation is
not permitted), the ship owners shall only have to pay for expenses incurred
for means used for pilots' travel.
3.7. Where ships arrive at the pilot-reception
places punctually according to the ship owners' requests which have been
accepted by port authorities and pilots but the pilots have not yet turned up
and, thus, the ships have to wait for them, the pilots shall have to pay to the
ships a waiting-time charge of VND 230,000 per hour for the actual waiting
time.
3.8. Where the pilots have arrived at the
designated places but the ships cannot operate for force majeure reasons
(confirmed by port authorities), pilotage shall not be collected.
4. Charge for anchorage in lagoon or bay:
For ships anchoring in lagoon or bay, a charge
for using their berths must be paid at the rate of VND 4/GT-hour.
5. Charge for use of piers, quays or mooring
buoys in the areas of seaports:
- For ships mooring at pier, a charge must be paid
at the rate of VND 15/GT-hour.
- For ships mooring at buoy, a charge must be
paid at the rate of VND 10/GT-hour.
6. Fee for arrival at/departure from seaport:
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Ordinal
number
Fee rates
(VND/trip)
1
Small passengers ships, wood boats,
self-propelled barges, of a tonnage of 200 tons or under
20,000
2
Ships of a tonnage of under 200 GT, fleets of
riverway transportation barges (including tows, tugs and/or pushers)
30,000
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Ships of a tonnage of between 200 GT and under
1,000 GT
50,000
4
Ships of a tonnage of between 1,000 GT and
under 5,000 GT
100,000
5
Ships of a tonnage of over 5,000 GT
200,000
6.2. Authentication fee (for maritime protests)
VND 100,000/protest.
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I. SUBJECTS OF APPLICATION:
The table of special maritime charges and fees
shall apply to the following subjects:
1. Ships (including hire-purchased ones) under
the ownership of Vietnamese organizations or individuals (except those flying
foreign flags) and foreign-invested enterprises operating under the Law on
Foreign Invest-ment in Vietnam and engaged in international transport.
2. Ships under the ownership of Vietnamese
organizations or individuals, which are chartered to foreign organizations or
individuals for international transport activities.
3. Special-use ships which cannot be
manufactured in Vietnam (including crude oil, liquefied gas and loose cement
tankers) and ships of those types which cannot be manufactured in Vietnam,
which are chartered by Vietnamese organizations or individuals from foreign
countries for international transport activities.
4. Ships (regardless of being under the
ownership of foreign or Vietnamese organizations or individuals) which
transport export, import and/or transit goods for goods owners being
enterprises operating under the Law on Foreign Investment in Vietnam (except
for goods made, transported and consumed in the country).
The subjects of application of the special cases
specified in this Section must produce to the charge-collecting agencies
dossiers evidencing that they fall into the applicable subjects according to
the regulations of Vietnam National Maritime Bureau.
II. SPECIFIC PROVISIONS
1. The rates of maritime charges applicable to
the subjects specified in Section I of this Part are as follows:
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- Arrival: USD 0.05/GT
- Departure: USD 0.05/GT
1.2. Maritime assurance charge:
Calculation unit: USD/GT
Ordinal
number
Type of ship
Regions 1
and 3
Region 2
1
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- Arrival
0.14
0.11
- Departure
0.14
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2
LASH ships
a/
Parent ships
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0.05
0.04
- Departure
0.05
0.04
b/
Attached barges
Charge shall be
collected only when they detach from parent ships and go along routes
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- Arrival
0.08
0.05
- Departure
0.08
0.05
2. The methods of determining maritime charges and
fees for the subjects specified in Section I of this Part are as follows:
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- The charge for departure from the last loading
port shall be equal to that for international transport ships.
- The charge for arrival at/departure from
previous ports shall be equal to that for inland transport ships.
2.2. Cases of delivering import goods then
receiving goods for inland transport:
- The charge for arrival at the unloading port
shall be equal to that for international transport ships.
- The charge for departure from port shall be
equal to that for inland transport ships.
2.3. Cases of delivering inland goods then
receiving export goods:
- The charge for arrival shall be equal to that for
inland transport ships.
- The charge for departure shall be equal to
that for international transportation ships.
2.4. Cases of delivering goods at different
Vietnamese ports (receiving or not receiving goods for inland transport):
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- The charge for departure from the first
unloading port and from subsequent ports shall be equal to that for inland
transport ships.
3. The time for calculation of the charge for
anchorage in lagoon or bay; the charge for use of pier, quay or mooring buoy,
applicable to the subjects specified in Section I of this Part is calculated as
follows:
3.1. Cases of delivering import goods:
- For the period from the time of arrival at the
destination port to the time of completed handling of import goods: The charge
rate for international transport ships shall apply.
- For the period from the time of completed
handling of import goods on: The charge rate for inland transport ships shall
apply.
3.2. Cases of delivering goods transported
inland or running empty into ports for receiving export goods:
- For the period after the ships arrive at port
and wait for goods loading: The charge rate for inland transport ships shall
apply.
- For the period from the time the goods loading
starts to the time of departure from port: The charge rate for international
transport ships shall apply.
4. Foreign construction ships entering into or
leaving the Vietnamese territorial waters for construction activities shall be
liable to the following maritime charges and fees:
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- In the process of construction when the ships
enter into and leave maritime zones, the collection rates for inland transport
ships shall apply.
5. Procedural fee:
Where at a port, a ship is liable to a seaport
charge at the rate applicable to international transport ships and a charge at
the rate applicable to inland transport ships, the procedural fee shall be 50%
of the rate for international transport ships plus 50% of the rate for inland
transport ships.-
THE MINISTRY OF FINANCE
VICE MINISTER
Tran Van Ta