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MINISTRY OF
TRANSPORT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
12/2024/TT-BGTVT
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Hanoi, May 15,
2024
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CIRCULAR
ON MECHANISMS AND
POLICIES FOR MANAGEMENT OF SERVICE CHARGES AT VIETNAMESE SEAPORTS
Pursuant to the Vietnam Maritime Code dated
November 25, 2015;
Pursuant to the Law on Prices dated June 19,
2023;
Pursuant to the Government’s Decree No.
56/2022/ND-CP dated August 24, 2022 defining functions, tasks, entitlements and
organizational structure of the Ministry of Transport;
At the request of the Director of the Department
of Transportation and the General Director of Vietnam Maritime Administration;
The Minister of Transport hereby promulgates a
Circular on mechanisms and policies for management of service charges at
Vietnamese seaports.
Chapter I
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Article 1. Scope and regulated entities
1. Scope: This Circular provides for mechanisms and
policies for management of service charges at Vietnamese seaports, which
include: maximum charges for pilotage service; charge bracket for use of
wharves, docks and mooring buoys; charge bracket for container handling
services; charge bracket for towage services (hereinafter referred to as
“seaport service charges”).
2. Regulated entities: This Circular applies to
Vietnamese and foreign organizations and individuals related to provision and
use of services at Vietnamese seaports.
Article 2. Interpretation of terms
For the purposes of this Circular, the following
terms are understood as follows:
1. “special purpose vessel used in petroleum
industry” (hereinafter referred to as “the oil vessel”) means a vessel that
serves petroleum exploration and extraction or engages in activities related to
petroleum industry.
2. “tugboat” means a boat designed and registered
to tow and assist vessels in entering and leaving wharves, docks and mooring
buoys.
3. “exports” mean commodities whose place of
delivery (origin) is Vietnam and place of receipt (destination) is overseas.
4. “imports” mean commodities whose place of
delivery (origin) is overseas and place of receipt (destination) is Vietnam.
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6. “commodities in transit” mean merchandise whose
place of delivery (origin) and place of receipt (destination) are outside
Vietnam’s territory and which pass through or are handled at a seaport of
Vietnam or are stored in a warehouse to continue their excursion.
7. "pilotage trip” means a maritime pilot’s
continuous maneuvering of a vessel from the position at which the pilot boards
the vessel to the position at which he/she disembarks as per regulations.
8. “visit” means a vessel’s 01 entry into and
subsequent exit from a maritime zone, which is considered one visit.
9. “waterway route between a mainland’s coast and
an island” means a waterway route of transport between a mainland’s coast and
an island in a territorial water of Vietnam, which is made public as prescribed
by law.
Article 3. Vessels, commodities, and passengers
on which seaport service charges are levied
1. The seaport service charges shall be levied on
the following international maritime vessels, commodities, and passengers:
a) Vessels that enter, exit, transit or anchor in
maritime zones; and the foreign vessels that operate in Vietnamese waters that
are not part of seaport waters;
b) Vessels that carry imports, exports, commodities
transshipped or in transit in maritime zones;
c) Passenger vessels departing from Vietnam for a
foreign country or vice versa; special purpose vessels which operate on
international voyages entering, exiting, transiting or anchoring in maritime
zones;
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dd) Passengers on passenger vessels departing from
a foreign country to Vietnam (or vice versa) by sea or by inland waterway
through maritime zones.
2. The seaport service charges shall be levied on
the following domestic maritime vessels and commodities:
a) Domestic marine vessels that enter, exit, pass
through or anchor in maritime zones;
b) Domestic maritime vessels that carry cargoes and
passengers enter, exit, pass through or anchor in maritime zones;
c) Vessels that operate on waterway routes between
mainland’s coasts and islands;
d) Domestic cargoes that are loaded, unloaded,
delivered, preserved and stored in maritime zones;
dd) Oil vessels which operate at offshore platforms
and at the ports specialized in petroleum industry (hereinafter referred to as
“petroleum ports”) under the management of a maritime port authority.
3. Service charges shall not be levied on
state-owned vessels in accordance with regulations of this Circular.
4. Charges for pilotage service and use of wharves,
docks and mooring buoys shall not be levied on vessels that enter or leave a
port to avoid storms or transfer people in distress at sea without commodity
handling, discharge or embarkation of passengers, provided that the event is
confirmed by the port authority; vessels that participate in rescue and salvage
or in combating against a storm, flood or natural disaster under an order or
endorsement of a competent government authority.
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In accordance with applicable laws on seaport
service pricing, the service quality and the market conditions, the providers
of seaport services shall specify their charges but not exceeding the maximum
charges for pilotage service; or within the charge bracket for use of wharves,
docks and mooring buoys; the charge bracket for container handling services;
and the charge bracket for towage services according to the decision of the
Minister of Transport.
Article 5. Currency
1. The charges for pilotage service, use of
wharves, docks and mooring buoys, container handling services and towage
service shall be levied on international vessels in Vietnam Dong or United
States Dollar.
2. The charges for pilotage service, use of
wharves, docks and mooring buoys, container handling services and towage
service shall be levied on domestic vessels in Vietnam Dong.
3. The conversion of United States Dollar to
Vietnam Dong shall be made as prescribed by law.
Article 6. Pricing unit and number rounding
1. Unit of volume: Gross tonnage (GT) is one of the
basic units for pricing of seaport services. If the GT of a vessel is not
specified, the conversion method that results in the largest GT shall apply. To
be specific:
a) Ocean-going ships and self-propelled inland
waterway vehicles: 1,5 deadweight tonnes shall be equivalent to 01 GT;
b) Barges: 01 deadweight tonne shall be equivalent
to 01 GT;
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d) Passenger vessels whose engine power is not specified:
01 passenger seat shall be equivalent to 0,67 GT; 01 berth shall be
equivalent to 04 GT;
dd) The gross tonnage of all barges, towboats or
tugboats in a fleet of tugboats, towboats or pusher boats shall total up
that of the fleet.
2. Unit of engine power: The unit of a
vessel’s main engine power shall be HP, CV or KW and rounded up to the nearest
integer.
3. Unit of time:
a) Day: 01 day equals 24 hours; a period of 12
hours or less shall be considered 0,5 day, while a period of more than 12 hours
shall be considered 01 day;
b) Hour: 01 hour equals 60 minutes; a period
of 30 minutes or less shall be considered 0,5 hour, while a period of more than
30 minutes shall be considered 01 hour.
4. The unit of weight of goods (with packing) is
tonne or cubic meter (m3) and shall be rounded to the nearest integer (rounded
down if the digit in the tenths place is less than 5; rounded up if the digit
in the tenths place is 5 or greater). In a single bill of lading, the
minimum chargeable weight shall be 01 tonne or 01 m3. If each tonne of
goods occupies 02 m3 or more, every 02 m3 occupied shall be converted to 01
tonne.
5. The unit of distance is nautical mile (NM) and
rounded up to the nearest integer.
6. The pricing unit for a wharf, dock or mooring
buoy is meter (m) of wharf, dock or mooring buoy, and rounded up to the nearest
integer.
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Regarding container handling services and towage
service, Vietnam’s seaport system is divided into 03 following regions:
1. Region I: seaports located on 20 degrees
north latitude, including seaports from Quang Ninh to Nam Dinh.
2. Region II: seaports located between 11,5
degrees latitude and 20 degrees latitude, including seaports in Thanh
Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua Thien Hue, Da Nang, Quang
Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, Binh Thuan.
3. Region III: seaports located on 11,5
degrees south latitude, including seaports in Ho Chi Minh city, Ba Ria -
Vung Tau, Dong Nai, Binh Duong, Tien Giang, Ben Tre, Dong Thap, Can Tho, An
Giang, Vinh Long, Ca Mau, Kien Giang, Long An, Soc Trang and Tra Vinh.
Chapter II
SEAPORT SERVICE CHARGES
Article 8. Pilotage service charges
1. Gross tonnage (GT) is one of the fundamental
units for pricing of pilotage service, where:
a) The gross tonnage of a vessel carrying liquid
cargo shall be 85% of the maximum GT shown in the certificate issued by a
registry issued to the vessel as per regulations, regardless of the
availability of ballast tanks on such vessel;
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2. A carrier has to notify the pilotage
organization at least 06 hours prior to its use of the maritime pilotage
service and at least 24 hours prior to its use of the pilotage service at an
offshore oil rig. In case of change in pilotage time or cancellation of
pilotage service, the carrier must inform the pilotage organization at least 03
hours before the intended time, or 08 hours in case of an offshore oil rig.
3. If the pilot is retained after completing the
pilotage, the captain of the vessel shall incur an additional wait charge for
the duration during which the pilot is retained.
4. If the pilot has boarded the vessel but cancel
the request of pilotage service, the vessel shall be subject to 80% of the
charge for pilotage service commensurate with the requested distance of
pilotage according to the charge.
5. The charge for pilotage service for a vessel on
a voyage to test its machinery or to calibrate its compass shall be 110% of the
maximum charge in a given decision of the Minister of Transport.
6. In case a vessel is inoperable due to technical
issues and a tugboat has to be used, the charge for pilotage service shall be
150% of the maximum charge in a given decision of the Minister of Transport.
7. The charge for pilotage service requested ad hoc
shall be 110% of the maximum charge in a given decision of the Minister of
Transport.
8. The pilotage charge for a vessel that moves
between the wharves in a port at the request of the director of the port
company shall apply the pilotage charges for maritime vessels moving within a
port.
9. The pilotage charge for a vessel that enters and
exits a maritime zone for fuel, food, drinking water, crew replacement, repair,
dismantling or test run shall be 70% of the maximum charge in a given decision
of the Minister of Transport.
Article 9. Charges for use of wharves, docks and
mooring buoys
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2. A vessel that is unable to perform from cargo
handling due to bad weather conditions for a period of more than 1 day (24
consecutive hours) or concedes its wharf space to another vessel under an order
of the director of the port authority shall be exempted from charges for the
period of time over which such vessel is not in the process of cargo handling.
3. Gross tonnage (GT) is one of the basic units for
pricing of charges for utilization of wharfs, docks and mooring buoys, where:
a) The gross tonnage of a vessel carrying liquid
cargo shall be 85% of the maximum GT shown in the certificate issued by a
registry issued to the vessel as per regulations, regardless of the
availability of ballast tanks on such vessel;
b) The gross tonnage of a passenger vessel
shall be 100% of the maximum GT shown in the certificate issued by a registry
to the vessel as per regulations.
Article 10. Charges for container handling
services
1. The handling service charge bracket levied on
oversized and overloaded freight containers, containers that carry dangerous
cargo and containers subject to special handling and storage requirements must
not exceed 150% of the charge bracket in a given decision of the Ministry of
Transport. In case the seaport enterprise needs to use specialized equipment to
assist in the cargo handling, the extra charge shall be negotiated by the two
parties.
2. The "Vessels (barges) ↔ Barges, cars,
boxcars at wharves" service shall only be provided when the cargo has
fully complied with regulations on customs supervision, weight inspection and
other regulations before being loaded or unloaded.
3. Regarding new container transport routes at the
ports in Region II and the Mekong Delta, port enterprises may apply container
handling charges that are 80% of the charge bracket in a given decision of the
Ministry of Transport for 03 years from the day on which the new route is
officially opened.
Article 11. Charges for towage service
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b) The actual towing time begins from the time the
towing vessel starts towing, tugging or pushing the towed vessel to the time
such towage is completed at the request of the captain of the towed vessel and
the pilot. If the actual towing time is less than 01 hour, it can be
rounded up to 01 hour. The maximum towing time shall be 02 hours. If the
towing time is more than 02 hours, it must be confirmed by the captain or
pilot, and the towage charge shall be 10% of the charge for 01 hour for the
entire towing time in excess of 02 hours.
b) In case of provision of a tugboat with the
quantity and power higher than the minimum level prescribed in seaport
regulation of the regional maritime port authority, the towage service provider
shall calculate the charge for towage service according to the minimum quantity
and power of the tugboat prescribed in seaport regulation of the regional
maritime port authority and the charge bracket in a given decision of the
Ministry of Transport;
c) In case of provision of a tugboat with the
quantity and power higher than the minimum level prescribed in seaport regulation
of the regional maritime port authority at the request of the port authority,
pilot, captain or shipping line, the towage service provider shall calculate
the charge for towage service according to the actual quantity and power of the
tugboat and the charge bracket in a given decision of the Ministry of
Transport;
d) If the towage service fails to satisfy the
vessel’s demands for entry into to a port, the charterer is entitled to sign
another towage contract;
dd) If the towage service fails to satisfy the
vessel’s demands for entry into to a port, the towage service provider shall
maneuver a tugboat from another area to the towing position. The charge for
tugboat maneuver shall be agreed upon by the two parties but must not exceed
70% of the charge bracket in a given decision of the Ministry of Transport and
the actual number of hours of maneuver;
e) If the towage service provider provides a
tugboat that fails to satisfy power requirement in accordance with the seaport
regulation and at least 02 tugboats have to be used, the charge for towage
service shall be calculated according to the charge bracket in a given decision
of the Ministry of Transport corresponding to the tugboat power in accordance
with the seaport regulation.
2. For Azimuth or VSP (Voith Schneider Propeller)
tugboats, the charge must not exceed 150% of the charge bracket in a given
decision of the Ministry of Transport.
3. If the tugboat arrives at the towed vessel
pickup position punctually at the request of towed vessel owner and an approval
from the port authority is obtained but the vessel to be towed is absent and
keeps the tugboat waiting, the charterer shall incur a wait charge of 50% of
the charge bracket in a given decision of the Ministry of Transport and
according to the actual number of hours during which a vessel is kept waiting.
4. If the tugboat arrives at the towed vessel
pickup position punctually at the request of charterer and an approval from the
port authority is obtained but the vessel to be towed is not ready to be
maneuvered and the tugboat has to return to the departure position or has to be
used for other purposes, the charterer shall incur a wait charge of 50% of the
charge bracket in a given decision of the Ministry of Transport and according
to the actual number of hours of maneuver.
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IMPLEMENTATION
Article 12. Entry into force
1. This Circular comes into force as of July 1,
2024.
2. Circular No. 39/2023/TT-BGTVT dated December 25,
2023 of the Minister of Transport on charge brackets for pilotage, use of
wharves, docks and mooring buoys, container handling and towage services at
Vietnamese Seaports is hereby annulled.
Article 13. Implementation
1. The Vietnam Maritime Administration shall
organize the implementation of this Circular. In the cases where the change
to pricing factors makes the seaport service charges falls below the
minimum charge or rise above the maximum charge specified in a given decision
of the Ministry of Transport, Vietnam Maritime Administration shall appraise
the pricing plan and request the Minister of Transport to adjust the charges as
prescribed.
2. Chief of the Office of the Ministry, Chief
inspector of the Ministry, General Directors of General Departments, General
Director of the Vietnam Maritime Administration, heads of organizations and
individuals concerned are responsible for the implementation of this
Circular./.
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