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THE PRIME
MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 149/2003/QD-TTg
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Hanoi, July 21,
2003
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DECISION
ON A NUMBER OF POLICIES AND
MECHANISMS TO ENCOURAGE THE DEVELOPMENT OF VIETNAM’S SEA-GOING FLEET
THE PRIME MINISTER
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the Vietnam Maritime Code of June 30, 1990;
Pursuant to the Government's Resolution No. 02/2003/NQ-CP of January 17, 2003
on a number of major undertakings and solutions for the performance of the 2003
socio-economic development tasks, which require concentrated direction;
Proceeding from the comments of the ministries and branches at the February 24,
2003 meeting;
At the proposal of the Ministry of Communications and Transport in Report No.
1754/TTr-BGTVT of April 29, 2003 and the Justice Ministry's evaluation comments
in Official Dispatch No. 360/TP-HTQT of May 30, 2003,
DECIDES:
Article 1.- Scope and objects
of application
This Decision
prescribes a number of policies and mechanisms to encourage the development of
Vietnam's sea-going fleet, and at the same time promote the transportation of
import and export goods by Vietnamese shipping enterprises.
Article 2.-
Interpretation of terms
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1. "Vietnamese
shipping enterprises" mean enterprises set up under the State Enterprise
Law or the Enterprise Law, which have sea-going ships registered to fly the
Vietnamese flag.
2. "Goods
originating from the State budget" mean the goods lots procured by
financial sources originating from the State budget, the Government's loans,
foreign aid provided to the Government, or the Government's goods as debt
repayment to foreign countries.
3. "Goods being
national natural resources" mean the goods lots belonging to the natural
resources exploited in Vietnam, including crude oil, pit-coal, clinker and
other minerals which organizations and individuals are permitted to export.
4. "Domestic
transportation" means the transportation of passengers, cargo, supplies,
equipment, raw materials, fuel and materials by sea-going ships between
seaports within the Vietnamese territory.
Article 3.- A
number of mechanisms to support Vietnamese shipping enterprises
1. Regarding cargo
transportation:
a/ For export and
import goods with financial sources originating from the State budget,
Vietnamese shipping enterprises shall gain the right to transport them, except
otherwise provided for by the international treaties which Vietnam has signed.
In cases where Vietnamese shipping enterprises are incapable of transporting
the above-said goods, they may use foreign sea-going ships to transport them
according to the provisions in Article 5 of this Decision.
b/ For domestically
transported goods, Vietnamese shipping enterprises shall be given priority to
transport them, except otherwise provided for by the international treaties
which Vietnam has signed. In cases where Vietnamese shipping enterprises are
incapable of transporting such goods, they may use foreign sea-going ships to
transport them according to the provisions in Article 5 of this Decision.
c/ Vietnamese shipping
enterprises shall be prioritized to transport goods being national natural
resources, except otherwise provided for by the international treaties which
Vietnam has signed.
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a/ For ships hired by
mode of bareboat charter and time charter, shipping enterprises shall be exempt
from income tax within the contracts' terms.
b/ For ships
loan-purchased or hire-purchased, shipping enterprises shall be exempt from
income tax for the first 02 years after taxable incomes are generated and
entitled to 50% reduction of the payable tax amount for the 02 subsequent
years.
c/ Vietnamese shipping
enterprises shall be entitled to borrow preferential credits from the
Development Assistance Fund in order to develop their flotilas fleet according
to the current regulations.
d/ For Vietnam
National Shipping Lines (VINALINES), apart from the application of the
provisions at Points a, b and c above, annually (in the period from 2003 till
the end of 2005), it shall also be entitled to the following preferences:
It shall be
apportioned with adequate capital by the Development Assistance Fund and may
retain the whole amount of annual enterprise income tax of its member units,
including VINALINES' income tax amounts in joint-venture companies and
joint-stock companies attached to it, which shall be considered the additional
budget allocation for use as reciprocal capital for borrowing capital from the
Development Assistance Fund in order to perform contracts signed with Vietnam
Shipbuilding Corporation for the building of 32 new ships according to the plan
already approved by the Prime Minister.
3. In cases where
domestic shipyards are incapable of meeting the demands, or when the
Development Assistance Fund is incapable of providing loans for the
implementation of domestic shipbuilding projects, Vietnamese shipping
enterprises may purchase foreign sea-going ships according to the current
regulations.
4. Foreign investment
licenses shall not be granted for the establishment of joint-venture companies
or business cooperation contracts for sea transportation when the Vietnamese
side contributes less than 51% of the legal capital, except otherwise provided
for by the international treaties which Vietnam has signed.
5. Vietnamese shipping
enterprises shall have the responsibilities:
a/ To efficiently use
self-mobilized financial sources and financial sources provided as preferential
loans in order to attain the objectives of developing Vietnam's sea-going fleet
with a view to step by step increasing the Vietnamese sea-going fleet's market
share for transportation of import and export goods.
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Article 4.- A number of
financial supports for goods owners using sea-going ships of Vietnamese
shipping enterprises
1. Owners of the goods
lots imported and exported under FOB purchase or CIF sale contracts (regardless
of their financial origins), that sign transportation contracts with Vietnam's
sea-going fleet, shall be considered for the reduction of export tax or import
tax. The Ministry of Finance shall specify this matter.
2. Owners of the
export goods lots currently eligible for 0% tax rate, that sign transportation
contracts with Vietnam's sea-going fleet, shall be considered for freight
support from the Export Support Fund.
Article 5.-
Transportation of domestic goods and goods originating from the State budget by
foreign sea-going ships
For the transportation
of domestic goods and goods originating from the State budget, when Vietnamese
sea-going ships are incapable of transporting them, the Ministry of
Communications and Transport shall permit the use of foreign sea-going ships according
to the following process:
a/ Goods owners or
Vietnamese shipping enterprises shall send their written requests to the
Ministry of Communications and Transport, clearly stating the reasons for the
use of foreign sea-going ships;
b/ Within 15 days after
receiving the written requests from the goods owners or Vietnamese shipping
enterprises, the Ministry of Communications and Transport shall issue
documents, permitting or not permitting (clearly stating reasons therefor) the
use of foreign sea-going ships for the transportation after consulting with
Vietnam Ship Owners' Association.
Article 6.-
Responsibilities of the ministries and branches
1. The Ministry of
Communications and Transport:
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b/ To assume the prime
responsibility and coordinate with the concerned ministries and branches in
reviewing and proposing the amendment and/or supplementation of legal
documents, ensuring the synchronism and effectiveness in encouraging Vietnam's
fleet to develop and quickly occupy market for transportation of domestic,
import and export goods under the conditions of international economic
integration; and at the same time assume the prime responsibility and
coordinate with the concerned ministries and branches in studying policies to
encourage the importing and exporting enterprises to use transportation
services provided by Vietnamese shipping enterprises.
c/ To elaborate and
promulgate or submit to competent agencies for promulgation the regulations
related to the management of freights as well as maritime service prices and
charges.
d/ To direct Vietnam
National Maritime Bureau to make statistics, monitor and detect for timely
handling according its competence or report to competent authorities for
handling the cases of contravening the provisions in this Decision.
e/ To direct Vietnam
National Maritime Bureau to examine and supervise maritime transportation and
service enterprises in the implementation of the provisions in the Government's
Decrees No. 57/2001/ND-CP of August 24, 2001 on sea shipping service business
and No. 10/2001/ND-CP of March 19, 2001 on maritime service business, and those
in this Decision, in order to establish order and a healthy business
environment, ensuring the interests of Vietnamese shipping enterprises and the
national interests in the above-said domains.
2. The Ministry of
Finance:
a/ To guide and direct
its attached agencies and guide enterprises in implementing the regulations in
Clause 1, Article 4 of this Decision.
b/ To coordinate with
the Ministry of Trade in implementing the regulations in Clause 2, Article 4 of
this Decision.
c/ To coordinate with
the Ministry of Planning and Investment and the Ministry of Communications and
Transport in implementing the regulations at Points a, b and c, Clause 2,
Article 3 of this Decision.
d/ To guide and direct
Vietnam National Shipping Lines in managing and using efficiently the financial
amounts mentioned at Point d, Clause 2, Article 3 of this Decision for the
right purposes.
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a/ To coordinate with
the Ministry of Communications and Transport, the Ministry of Trade and
relevant agencies in providing information on import/export goods
transportation market for Vietnamese shipping enterprises.
b/ To coordinate with the
concerned agencies in assisting Vietnamese shipping enterprises to step by step
increase the market share for import/export goods transportation.
c/ To advise the
Ministry of Communications and Transport on studying policies to encourage the
importing and exporting enterprises to use the transportation services provided
by Vietnamese shipping enterprises.
d/ To closely
coordinate with Vietnam National Maritime Bureau and relevant agencies in
detecting cases of contravening the regulations in this Decision and other
relevant regulations, report such to Vietnam National Maritime Bureau or
competent authorities for timely handling measures according to law provisions.
Article 7.-
Implementation provisions
1. This Decision takes
effect 15 days after its publication in the Official Gazette.
2. The ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government, the presidents of the People's Committees of the provinces and
centrally-run cities, the Director of Vietnam National Maritime Bureau, the
Chairman of the Managing Board and the General Director of Vietnam National
Shipping Lines, other relevant corporations and the Chairman of Vietnam Ship
Owners' Association shall have to implement this Decision.
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