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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.:
164/2012/TT-BTC
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Hanoi,
October 09, 2012
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CIRCULAR
GUIDING THE
SYSTEM OF COLLECTING, SUBMITTING AND CONTROLLING FEES OF GRANT OF PERMITS FOR
TRAVELING ASHORE TO FOREIGN CREWMEMBERS, PERMITS FOR GETTING ON BOARD OF
FOREIGN SHIPS, PERMITS FOR THE VIETNAM OPERATORS OF THE MEANS TO STOP ALONGSIDE
THE FOREIGN SHIPS AND PERMITS FOR VIETNAMESE AND FOREIGNERS TO PERFORM
ACTIVITIES OF PRESS, SCIENTIFIC RESEARCHES, TRAVELING RELATED TO FOREIGN BOATS,
SHIPS
Pursuant to the Ordinance on Charges and Fees
No.38/2001/PL-UBTVQH10 dated 28th August 2001;
Pursuant to the Decree No. 57/2002/ND-CP
dated 03rd June 2002 and the Decree No. 24/2006/ND-CP dated 03rd
June 2002 stipulated by the Government detailing implementation of the
Ordinance on Charges and Fees;
Pursuant to the Decree No. 115/2011/ND-CP
dated 14th December 2011 on amending, supplementing point 2, item IV
part B of the detailed list of charges, fees stipulated together with the
Decree No. 24/2006/ND-CP dated 06th March 2006 of the Government;
Pursuant to the Decree No. 118/2008/ND-CP
dated 27th November 2008 stipulated by the Government on defining
functions, responsibilities, powers and organizational structure of the
Ministry of Finance;
Pursuant to the Decree No. 50/2008/ND-CP
dated 21st April 2008 stipulated by the Government on managing,
protecting security, order in border gate of seaport;
At the proposal of the director of Department
of Tax Policy;
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Article 1. Subject of fee payment and agency
of fee collection
1. Subject of fee payment
Applicants for these following permits must pay
fees in accordance with the guidance in this Circular.
a) Permits for traveling ashore to foreign
crewmembers
- Foreign crewmembers, who work in foreign
boats, ships during the anchorage in Vietnam’s seaports, travel ashore from
7:00 to 24:00 in the areas within centrally-affiliated cities and provinces
with border gates where boats, ships anchoring.
- Foreign crewmembers, who work on foreign
boats, ships during the anchorage in Vietnam’s seaports, travel ashore and rest
overnight in the areas within centrally-affiliated cities and provinces with
border gates where boats, ships anchoring.
b) Permits for getting on board of foreign
ships: Vietnamese (except for officers, employees of specialized state
management agencies in seaport border gates being on duty) and foreigners
(except for crewmembers in the ship's complement and passengers on boats) who
get on board of foreign boats, ships anchoring in Vietnam’s seaport border gate
for work.
c) Permit for The Vietnam operators of the means
to stop alongside the foreign boats, ships anchoring in Vietnam’s seaport border gates.
d) Permit for Vietnamese and foreigners to
perform activities of press, scientific researches, sightseeing and tourism
related to foreign boats, ships.
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The commanding boards of seaport border-gate,
border post of seaport gate belong to the High Command of Border Guard –
Ministry of Defense when granting permits for traveling ashore to foreign
crewmembers, permits for getting on board of foreign ships, permits for The
Vietnam operators of the means to stop alongside the foreign ships, and permits
for Vietnamese and foreigners to perform activities of press, scientific researches,
sightseeing and tourism related to foreign boats, ships, they are responsible
for collecting, submitting and controlling fees in accordance with guidance in
this Circular.
Article 2. Collection level of fees
1. Fees of granting permit for traveling ashore
to foreign crewmembers
- Foreign crewmembers, who work on foreign
boats, ships during the anchorage in Vietnam’s seaports, travel ashore from
7:00 to 24:00 in the areas within centrally-affiliated cities and provinces
with border gates where boats, ships anchoring: 03 USD/Permit.
- Foreign crewmembers, who work on foreign
boats, ships during the anchorage in Vietnam’s seaports, travel ashore and rest
overnight in the areas within centrally-affiliated cities and provinces with
border gates where boats, ships anchoring: 05 USD/Permit.
2. Fees of granting permits for getting on board
of foreign ships to Vietnamese and foreigners who getting on board for work
(permit with value of 03 months or 12 months): 30,000 VND/Permit (1.5
USD/Permit).
3. Fees of granting permits for The Vietnam
operators of the means to stop alongside the foreign ships: 20,000 VND/Permit.
4. Fees of granting permits for persons who
perform activities of press, scientific researches, sightseeing and tourism
related to foreign boats, ships (with value of one time only) to Vietnamese and
foreigners:
- Persons who are 16 years old and above: 20,000
VND/Permit (01 USD/Permit);
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Article 3. Organization of collection, remittance
and control
1. Fees of granting permits for traveling ashore
to foreign crewmembers, permits for getting on board of foreign ships, permits
for The Vietnam operators of the means to stop alongside the foreign freeboard
and permits for Vietnamese and foreigners to perform activities of press,
scientific researches, sightseeing and tourism related to foreign boats, ships
are revenues of the state budget.
2. Agencies collecting fees of granting permits
for traveling ashore to foreign crewmembers, permits for getting on board of
foreign ships, permits for The Vietnam operators of the means to stop alongside
the foreign freeboard and permits for Vietnamese and foreigners to perform
activities of press, scientific researches, sightseeing and tourism related to
foreign boats, ships are responsible for registering, declaring and remitting
fees to the state budget in accordance with regulations in the Circular No.
63/2002/TT-BTC dated 24th July 2002 and the Circular No.
45/2006/TT-BTC dated 25th May 2006 on amending, supplementing the
Circular No. 63/2002/TT-BTC dated 24th July 2002 of the Ministry of
Finance on guiding the implementation of law on charges and fees.
3. Agencies collecting fees must remit 100% (one
hundred percent) of the total collected fees to the stage budget according to
the current state budget index.
Article 4. Implementation
1. This Circular takes effect as from 01st
December 2012.
2. Other contents related to the collection,
remittance, control, disclosure of fee system, which are not guided in this
Circular, will be implemented in accordance with guidance in the Circular No.
63/2002/TT-BTC dated 24th July 2002 and the Circular No.
45/2006/TT-BTC dated 25th May 2006 on amending, supplementing the
Circular No. 63/2002/TT-BTC dated 24th July 2002 of the Ministry of
Finance on guiding the implementation of law regulations on charges and fees;
the Circular No. 28/2011/TT-BTC dated 28th February 2011 stipulated
by the Ministry of Finance on guiding implementation of some articles of Law on
Taxation management, guiding the implementation of the Decree No. 85/2007/ND-CP
dated 25th May 2007 and the Decree No. 106/2010/ND-CP dated 28th
October 2010 of the Government.
3. Organizations, individuals belonging to the
subjects of fees payment and related agencies are responsible for
implementation of this Circular. During the implementation, any problems should
be promptly reported by organizations, individuals to the Ministry of Finance
for consideration and guidance.
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PP. MINISTER
DEPUTY MINISTER
Vu Thi Mai