MINISTRY OF
FINANCE
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
261/2016/TT-BTC
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Hanoi, November
14, 2016
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CIRCULAR
PROVIDING
FOR MARITIME FEES, CHARGES AND SCHEDULE OF COLLECTION RATES OF MARITIME FEES
AND CHARGES
Pursuant to the Law on State Budget dated June
25, 2015;
Pursuant to the Law on Fees and Charges dated
November 25, 2015;
Pursuant to the Government’s Decree No. 120/2016/ND-CP
dated August 23, 2016 specifying and providing guidance on implementation of
certain Articles of the Law on Fees and Charges;
Pursuant to the Government's Decree No.
215/2013/ND-CP dated December 23, 2013 defining the functions, tasks, powers
and organizational structure of the Ministry of Finance;
At the request of the Director of Corporate
Finance Agency,
The Minister of Finance hereby introduces the
Circular that deals with maritime fees, charges and schedule of collection
rates of maritime fees and charges.
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GENERAL PROVISIONS
Article 1. Scope and subjects
of application
1. Scope of application: This Circular deals with
subject matters, payers, payees, bases for and principles of determining amount
and schedule of collection rates of, maritime fees and charges.
Maritime fees and charges prescribed by this
Circular include tonnage fee, maritime safety assurance charge, fee for
anchoring or berthing at waterside restricted areas or zones, fee for
attestation of sea protest and charge for entering or leaving seaports.
2. Subject of application: This Circular applies to
persons, entities and state authorities involved in collection and payment of
maritime fees and charges.
Article 2. Definition
For the purposes of this Circular, terms used
herein shall be construed as follows:
1. Craft includes sea-going vessels,
military ships, public vessels, fishing ships, inland watercraft, hydroplanes
and other water transport equipment.
2. Gross tonnage (GT) refers to the maximum
total capacity of craft certified by the register authority in accordance with
laws and regulations.
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4. Navigation area refers to the enclosed
waters limit that falls within a port authority's area of responsibility. One
seaport or harbor may have one or more navigation areas. The list of navigation
areas is compiled in the Appendix to this Circular.
5. Ship-to-ship transfer cargo refers to
cargoes loaded or unloaded by seagoing ships positioned alongside each other,
including empty containers.
6. Exporting good refers to goods of which
place of delivery (origin) is located within Vietnam and place of receipt
(destination) is located abroad.
7. Importing good refers to goods of which
place of delivery (origin) is located abroad and place of receipt (destination)
is located within Vietnam.
8. Good in transit refers to goods of which
both place of delivery (origin) and place of receipt (destination) are located
outside of Vietnam, and which are directly delivered or called at Vietnam’s
seaports or received in warehouses or storage facilities before further
transportation.
9. Transshipment good refers to goods moved
from abroad to a seaport in Vietnam and temporarily stored at a transshipment
area within that seaport in a specified time before being loaded onboard
another ship to move across Vietnam’s borders.
10. Special-purpose craft includes vessels
used in oil and gas exploration and production activities (oil and gas service
vessels), construction of marine facilities, maritime safety assurance,
training, scientific research and public service activities.
11. Lash vessel (Lighter Aboard Ship) refers
to a dedicated vessel designed to load Lash barges for transportation of goods
which are capable of operating on rivers or at sea.
12. Lash barge refers to a dedicated barge
designed to carry dry bulk cargoes and having capability of operating in
hinterland waters or areas where technical conditions of channels are limited.
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14. One-way movement, which is counted as
01, refers to any craft entering or leaving a maritime zone within the scope of
subject matters that require submission of a notice to a port authority having
jurisdiction over this maritime zone in order to serve their managerial demands
in accordance with laws and regulations.
15. Two-way movement, which is counted as
01, refers to 01 one-way movement of any craft to and 01 one-way movement of
any craft from a maritime zone.
16. Water transport route from a mainland shore
to an island refers to any route of waterway transport from a mainland
shore to an island in Vietnam’s territorial waters which is listed by the
Ministry of Transport.
17. Vietnam’s seaport zones are classified
into 03 zones:
a) Zone I: Seaports located at latitude of 20
degrees North and running northward;
b) Zone II: Seaports running through longitude of
11.5 degrees North and below 20 degrees North;
c) Zone III: Seaports located at latitude of 11.5
degrees North and running southward.
Article 3. Subject matters and
non-subject matters of maritime fees and charges
1. Subject matters of maritime fees and charges
referred to in the schedule of collection rates of fees and charges for
international marine operations encompass:
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b) Craft involved in transportation of exporting,
importing goods, transshipment goods, goods in transit at maritime zones;
c) Craft carrying passengers from Vietnam to abroad
or from abroad to Vietnam; special-purpose craft operating on international
routes that enter or leave maritime zones;
d) Exporting, importing goods, in-transit and
transshipment goods which are loaded, unloaded, handled, stored, berthed or
anchored at maritime zones.
2. Subject matters of maritime fees and charges
referred to in the schedule of collection rates of fees and charges for
domestic marine operations encompass:
a) Vessels involved in domestic marine operations
that enter or leave maritime zones;
b) Goods or passengers carrying vessels involved in
domestic marine operations that enter or leave maritime zones;
c) Vessels operating on routes of waterway
transport from a mainland shore to an island;
d) Special-purpose vessels used in oil and gas
operations at offshore oil ports or ports specially designed for oil and gas
operations within a port authority’s area of responsibility;
dd) Vessels of armed forces, customs authorities
and port authorities, and those specially designed for search and rescue
operations occurring within Vietnam while on official duty which are not
subject to payment of maritime fees and charges; If involved in commercial
transactions in Vietnam, they are subject to payment of maritime fees and
charges as provided by Chapter III hereof.
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4. Vessels entering or leaving maritime zones which
do not require submission of any notice to a port authority in accordance with
laws and regulations shall not be subject to payment of maritime fees and
charges.
Article 4. Payers of maritime
fees and charges
1. With respect to vessels, payers are vessel
owners, shippers or persons authorized to pay maritime fees and charges.
2. With respect to goods and passengers, payers are
shippers or persons authorized to pay maritime fees and charges.
Article 5. Payees of maritime
fees and charges
Payees of maritime fees and charges are port
authorities. Port authorities shall be responsible for collecting fees and charges
of the following types:
1. Vessel tonnage fee;
2. Maritime safety assurance fee collected at
public and special-purpose navigable channels;
3. Fee for anchoring or berthing at waterside
restricted areas or zones;
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5. Seaport entering or leaving charge.
Article 6. Bases for and
principles of determining maritime fee and charge amount
1. Gross tonnage (GT) is one of the basic units
used for calculation of maritime fees and charges in the following cases:
a) As regards liquid cargo tankers, tonnage for
calculation of maritime fees and charges is equal to 85% of the maximum gross
tonnage certified by a class society (irrespective of whether these tankers
have separate ballast tanks) or equal to 85% of the gross tonnage subject to
conversion prescribed in Point c Clause 1 of this Article with respect to any
vessel of which GT is not specified.
b) As regards passenger vessels, tonnage for
calculation of maritime fees and charges is equal to 50% of the maximum gross
tonnage certified by a class society or equal to 50% of the gross tonnage
subject to conversion prescribed in Point c Clause 1 of this Article with
respect to any vessel of which GT is not specified.
c) With respect to vessels of which GT is not
specified, the gross tonnage is converted as follows:
- With respect to self-propelled sea-going vessels
and inland waterway transport units, 1.5 deadweight tons (DWT) is treated as 01
GT;
- With respect to barges, 01 gross deadweight ton
(DWT) is equal to 01 GT;
- With respect to tugboats, passenger vessels
(including hydroplanes) and floating cranes, 01 horse power (HP, CV) is equal
to 0.5 GT; 01 KW is equal to 0.7 GT; 01 ton of lifting capacity of a crane
aboard a vessel is converted to approximate 0.6 GT;
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- With respect to a convoy consisting of a towboat,
push boat or side-by-side tugboat, the gross tonnage is converted to that of
the whole convoy formed by a barge, towboat or push boat.
With respect to conversion prescribed in Point c
Clause 1 of this Article, the conversion method by which the highest gross
tonnage value is obtained can be used.
2. Unit of measure for engine capacity: The main
engine capacity is calculated in HP, CV or KW; the fractional part of a number
less than 01 HP or 01 KW is rounded to 01 HP, 01 CV or 01KW.
3. Unit of measurement of time:
a) With respect to unit of measurement for time
expressed in days, 01 day is calculated as 24 hours; the fractional part of a
day number less than 12 hours is counted as 1/2 day while that greater than 12
hours is counted as 01 day;
b) With respect to unit of measure for time
expressed in hours, 01 hour is counted as 60 minutes; the fractional part of a
time number less than 30 minutes is counted as 1/2 hour while that greater than
30 minutes is counted as 01 hour.
c) With respect to unit of measure for time
expressed in solar calendar months, 01 month starts from 0h00’ of its first day
and ends at 24h00’ of its last day.
4. Unit of measure for tare weight of goods is ton
or cubic meter (m3); the fractional part of a tare weight number
less than 0.5 ton or 0.5 m3 is discarded while that greater than 0.5
ton or 0.5 m3 is rounded to 01 ton or 01 m3. In a single
bill of lading, the minimum tare weight for calculation of maritime fees and
charges is 01 ton or 01 m3. With respect to cargos of which each ton
occupies at least 02 m3, every 02 cubic meters are converted into 01
ton.
5. Currency unit for collection and payment of
maritime fees and charges:
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b) As regards maritime cabotage operations, the
currency unit designated for collection of maritime fees and charges is Viet
Nam dong (VND);
c) Conversion from U.S. dollar into Viet Nam dong
is performed at the rate of USD buying with a money transfer service quoted by
the head office of the Joint Stock Commercial Bank for Foreign Trade of Vietnam
(Vietcombank) at the date of payment of maritime fees and charges. Where such
maritime fees and charges are paid in on rest days or public holidays, or ahead
of the initial quote of that rate within a trade day, the latest rate quoted on
the last business day shall be applied.
6. Provisions on payment of maritime fees and
charges:
a) Payers of maritime fees and charges must fully
discharge their obligations to submit and pay amounts of maritime fees and
charges before their vessels are permitted by a port authority to leave
maritime zones;
b) From July 1, 2017, in certain particular cases,
payers of maritime fees and charges must enter into a commitment or provide
appropriate security in case of late payment made within 5 business days from
the date of grant of permission to leave a port. The Director of a port
authority shall be responsible for recovering amounts of maritime fees and
charges from the State Budget.
7. Where a vessel loads and discharges importing or
exporting freight at multiple maritime zones, together with loading or
discharging domestic freight, these are considered international maritime
operations and refer to the schedule of collection rates of maritime fees and
charges for international maritime operations to calculate each entering or
leaving movement to a port. In particular, the weight of freight transported
through maritime cabotage operations shall not be subject to collection of
anchoring or berthing fees charged for such freight.
8. If there are different collection rates of
maritime fees and charges for each entering or leaving movement of a vessel,
the minimum collection rate shall be equivalently applied to one entering or
leaving movement.
9. Craft (except for vessels referred to in Point d
Clause 1 Article 12 hereof) operating within a maritime zone in or from which
procedures for their entrance or departure were implemented in the previous
time shall only be subject to one-time payment of tonnage fee, maritime safety
assurance fee and charge for entering or leaving in or from a seaport.
Chapter II
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Article 7. Tonnage fee
1. Collection rate of tonnage fee
Vessels entering or leaving a maritime zone,
dedicated port, offshore oil port; those operating within Vietnam’s territorial
waters which are not covered by seaport waters shall be subject to payment of
tonnage fee at the following rates:
Vessel type
Collection rate
A. Craft (except Lash):
- Entrance:
- Departure:
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0.034 USD/GT
B. Lash vessel:
- Mother vessel:
Entrance:
0.017 USD/GT
Departure:
0.017 USD/GT
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Entrance:
0.017 USD/GT
Departure:
0.017 USD/GT
2. Specific provisions on collection of tonnage
fee:
a) Vessels entering or leaving a maritime zone to receive
fuel, food, fresh water or substitute crew members, or carry out activities
like repair, demolition or shakedown after complete repair or construction,
without loading, unloading goods, or picking up or dropping off passengers,
shall be subject to payment of tonnage fee at the rate equal to 70% of the
collection rate specified in Clause 1 of this Article;
b) If a vessel (except the passenger vessel) has
made more than 3 two-way movements/vessel/month upon entering or leaving a
maritime zone, the 4th or more two-way movement made by this vessel
within a month shall be subject to payment of tonnage fee at the rate equal to
60% of the collection rate specified in Clause 1 of this Article;
c) Persons or entities operating vessels moving
passengers in or from a maritime zone shall apply the collection rates of
tonnage fee as follows:
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- If a vessel from 300 GT to less than 1,500 GT has
made more than 3 two-way movements/vessel/month upon entering or leaving a
maritime zone, the 4th or more two-way movement made by this vessel
within a month shall be subject to payment of tonnage fee at the rate equal to
60% of the collection rate specified in Clause 1 of this Article;
- If a vessel from 1,500 GT to less than 50,000 GT
has made more than 2 two-way movements/vessel/month upon entering or leaving a
maritime zone, the 3rd or more two-way movement made by this vessel
within a month shall be subject to payment of tonnage fee at the rate equal to
50% of the collection rate specified in Clause 1 of this Article;
- A vessel of at least 50,000 GT entering or
leaving a maritime zone shall be subject to payment of tonnage fee at the rate
equal to 40% of the collection rate specified in Clause 1 of this Article.
d) Tankers transshipping oil at Van Phong – Khanh
Hoa bay shall be subject to payment of tonnage fee at the rate equal to 50% of
the collection rate specified in Clause 1 of this Article. This collection rate
shall be applied till the end of December 31, 2020;
d) Vessels of 50,000 GT carrying export, import or
transshipment containers upon entering or leaving ports alongside Cai Mep - Thi
Vai river shall be subject to payment of tonnage fee at the rate equal to 60%
of the collection rate specified in Clause 1 of this Article. This collection
rate shall be applied till the end of December 31, 2020.
3. Exemptions from tonnage fee:
a) Vessels entering or leaving a maritime zone to
shelter from storm, bad weather conditions that may risk their safety, or
provide medical emergency services to patients or disembark persons rescued at
sea, without handling cargoes, picking up or dropping off passengers as
verified by a port authority; vessels participating in search and rescue,
prevention and control of floods, hurricanes or natural disasters according to
the dispatching call or consent from regulatory authorities;
b) Vessels of overseas armed forces arriving in
maritime zones to pay an official or courtesy visit to Vietnam at the
invitation of its State; vessels carrying foreign youths and teenagers to
maritime zones to attend cultural or sports exchanges at the invitation of
Ministerial or Ministry-level bodies of Vietnam's Government;
c) Boats or canoes of passenger-carrying mother vessels
anchored at waterside restricted areas or zones that transport passengers to or
from a port;
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dd) Vessels en route for Cambodia;
e) Vessels departing for Cambodia across Vinh Xuong
– Thuong Phuoc bordergate that the inland waterway port authority has cleared
at the departure inland waterway port or terminal, and for which this authority
has already collected applicable fees and charges at the departure inland
waterway port or terminal, under the direction of the Ministry of Finance.
Article 8. Marine safety
assurance fee
1. Collection rates of maritime safety assurance
fee
Vessels entering or leaving a maritime zone,
dedicated port, offshore oil port, or en route for Cambodia shall be subject to
payment of the maritime safety assurance fee as follows:
Vessel type
Seaport zone I and
III
Seaport zone II
A. Craft (except Lash):
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- Departure:
0.100 USD/GT
0.100 USD/GT
0.058 USD/GT
0.058 USD/GT
B. Lash vessel:
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- Mother vessel:
Entrance:
0.040 USD/GT
0.025 USD/GT
Departure:
0.040 USD/GT
0.025 USD/GT
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(only collected
where it sails away from the mother vessel on navigable channels)
Entrance:
0.040 USD/GT
0.025 USD/GT
Departure:
0.040 USD/GT
0.025 USD/GT
2. Specific provisions on collection of maritime
safety assurance fee:
a) Vessels entering or leaving a maritime zone to receive
fuel, food, fresh water or substitute crew members, or carry out activities
like repair, demolition or shakedown after complete repair or construction,
without loading, unloading goods, picking up or dropping off passengers shall
be subject to payment of the maritime safety assurance equal to 70% of the
collection rate specified in Clause 1 of this Article;
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c) Persons or entities operating vessels moving
passengers in or from a maritime zone shall apply the collection rates of
maritime safety assurance fee as follows:
- If a vessel of less than 300 GT has made more
than 4 two-way movements/vessel/month upon entering or leaving a maritime zone,
the 5th or more two-way movement made by this vessel within a month
shall be subject to payment of maritime safety assurance fee at the rate equal
to 70% of the collection rate specified in Clause 1 of this Article;
- If a vessel from 300 GT to less than 1,500 GT has
made more than 3 two-way movements/vessel/month upon entering or leaving a
maritime zone, the 4th or more two-way movement made by this vessel
within a month shall be subject to payment of maritime safety assurance fee at
the rate equal to 60% of the collection rate specified in Clause 1 of this
Article;
- If a vessel from 1,500 GT to less than 50,000 GT
has made more than 2 two-way movements/vessel/month upon entering or leaving a
maritime zone, the 3rd or more two-way movement made by this vessel
within a month shall be subject to payment of maritime safety assurance fee at
the rate equal to 50% of the collection rate specified in Clause 1 of this
Article;
- A vessel of at least 50,000 GT entering or
leaving a maritime zone shall be subject to payment of maritime safety
assurance fee at the rate equal to 30% of the collection rate specified in
Clause 1 of this Article.
d) Tankers transshipping oil at Van Phong – Khanh
Hoa bay shall be subject to payment of maritime safety assurance fee at the
rate equal to 50% of the collection rate specified in Clause 1 of this Article.
This collection rate shall be applied till the end of December 31, 2020;
dd) Vessels of 50,000 GT carrying export, import or
transshipment containers upon entering or leaving ports alongside Cai Mep - Thi
Vai river shall be subject to payment of maritime safety assurance fee at the
rate equal to 60% of the collection rate specified in Clause 1 of this Article.
This collection rate shall be applied till the end of December 31, 2020;
a) Vessels underway at sea that request permission
to enter a seaport to shelter from storms in case of emergency without loading,
unloading goods, or picking up or dropping off passengers, shall be subject to
payment of maritime safety assurance fee equal to 50% of the collection rate
specified in Clause 1 of this Article.
3. Exemptions from maritime safety assurance fee:
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b) Vessels entering or leaving a seaport to provide
medical emergency services to patients, or disembark persons rescued at sea,
without handling cargoes, picking up or dropping off passengers as verified by
a port authority; vessels participating in search and rescue, prevention and
control of floods, hurricanes or natural disasters according to the dispatching
call or consent from regulatory authorities;
c) Vessels operating within a maritime zone that
have to move to another maritime zone according to the dispatching call given
by a port authority to shelter from storms in case of emergency:
- Where they have to sail back to the original
maritime zone after sheltering from storms to resume their cargo handling
activities, they shall be entitled to exemption from the maritime safety
assurance fee for the entrance or departure movement at the maritime zone where
they arrive to shelter from storms; for the departure movement made at the
maritime zone where they depart to shelter from storms and the entrance
movement in the original maritime zone where they return to resume their cargo
handling activities;
- Where they do not have to sail back to the
original maritime zone after sheltering from storms to resume their cargo
handling activities, they shall be entitled to exemption from the maritime
safety assurance fee for the entrance or departure movement at the maritime
zone where they arrive to shelter from storms; for the departure movement made
at the maritime zone where they depart to shelter from storms.
d) Vessels of overseas armed forces arriving in
maritime zones to pay an official or courtesy visit to Vietnam at the
invitation of its State; vessels carrying foreign youths and teenagers to
maritime zones to attend cultural or sports exchange programs at the invitation
of Ministerial or Ministry-level bodies of Vietnam's Government.
e) Vessels departing for Cambodia across Vinh Xuong
– Thuong Phuoc bordergate that the inland waterway port authority has cleared
at the departure inland waterway port or terminal, and for which this authority
has already collected applicable fees and charges at the departure inland
waterway port or terminal, under the direction of the Ministry of Finance.
Article 9. Fee for anchoring or
berthing at waterside restricted areas or zones
1. Craft:
a) Vessels at anchor at waterside restricted areas
or zones within 30 first days (720 first hours) shall be subject to the
collection rate of 0.0005 USD/GT/hour;
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c) Vessels at anchor at multiple positions in
waterside restricted areas or zones inside of maritime zones of a seaport shall
be subject to payment of this fee equal to total actual time length when they
are at anchor at a single position;
d) Persons or entities operating passenger vessels
making at least 4 movements/month/maritime zone shall be subject to payment of
such fee at the rate equal to 50% of the collection rate specified in Point a,
b Clause 1 of this Article;
dd) Persons or entities operating passenger vessels
of at least 50,000 GT entering or leaving a maritime zone shall be subject to
payment of such fee at the rate equal to 40% of the collection rate specified
in Point a, b Clause 1 of this Article;
e) Tankers transshipping oil at Van Phong – Khanh
Hoa bay shall be subject to payment of such fee at the rate equal to 50% of the
collection rate specified in Point a, b, c Clause 1 of this Article. This
collection rate shall be applied till the end of December 31, 2020;
g) Vessels entering or leaving a maritime zone to
carry out activities like repair, demolition or shakedown without loading,
unloading goods, or picking up or dropping off passengers, shall be subject to
payment of such fee equal to 70% of the collection rate specified in Point a
Clause 1 of this Article;
h) Vessels in the following cases shall be entitled
to exemptions from such fee:
- Wait tides within port waters before arrival to a
port;
- Wait until dawn according to the command of port
authority under regulations on imposition of restriction on vessel underway at
night;
- Shelter from storm, bad weather conditions that
may risk safety for their journey, or provide medical emergency services to
patients, or disembark persons rescued at sea, without handling cargoes,
picking up or dropping off passengers as verified by a port authority;
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2. Cargoes:
a) Cargos transferred ship-to-ship at waterside
restricted areas or zones to move to other maritime zones shall be subject to
payment of such fee which varies depending on the following classification:
- Common cargoes: USD 0.07/ton;
- Refrigerated box trucks, tracked vehicles,
backhoes, road rollers, fork or lift trucks and cranes: USD 2/piece;
- Road vehicles that have fewer than 15 seats and
weight of less than 2.5 tons: USD 0.7/piece;
- Motor vehicles other than those referred to in
this point: USD 1.3/piece.
b) Cargos are transferred ship-to-ship to move to
piers within the same maritime zone shall not be subject to payment of such
fee;
c) Goods imported in Vietnam at Van Phong – Khanh
Hoa bay shall be subject to payment of such fee at the rate equal to 20% of the
collection rate specified in Point a Clause 2 of this Article;
d) Goods transshipped at Van Phong bay shall be
entitled to exemption from such fee.
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Vessels involved in international maritime
operations shall be subject to payment of the sea protest attestation fee upon
implementation of procedures for filing sea protests: USD 50/each.
Article 11. Seaport entering
or leaving charge
1. Vessels entering or leaving a maritime zone,
dedicated port, offshore oil port; foreign-flag vessels operating within
Vietnam’s territorial waters which are not covered by seaport waters shall be
subject to payment of seaport entering or leaving charge at the following
rates:
No.
Description
Collection rate (USD/one-way
movement)
1
Vessels of less than 100 GT
5
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Vessels from 100 GT to less than 500 GT
10
3
Vessels from 500 GT to 1,000 GT
25
4
Vessels of more than 1,000 GT
50
Payers of this fee shall be entitled to make one-time
payments for complete two-way movements (including 01 entrance and 01
departure).
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Chapter III
SCHEDULE OF COLLECTION
RATES OF MARITIME FEES AND CHARGES FOR INTERNATIONAL MARITIME OPERATIONS
Article 12. Tonnage fee
1. Collection rate of tonnage fee
a) Vessels entering or leaving a maritime zone,
dedicated port, offshore oil port shall be subject to payment of tonnage fee as
follows:
- Entrance: VND 250/GT;
- Departure: VND 250/GT.
b) Vessels operating on the route of transport from
a mainland shore to an island that make a movement from a mainland shore to an
island and an opposite direction movement shall be subject to payment of
tonnage fee at the rate of VND 500/GT/arrival at port;
c) Special-purpose vessels used in oil and gas
operations that make a movement from a maritime zone to an offshore oil and gas
exploration site that falls under the jurisdiction of a port authority shall be
subject to payment of tonnage fee as follows:
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- Departure: VND 450/GT.
Where special-purpose vessels used in oil and gas operations
make a movement from a maritime zone to an offshore oil and gas exploration
site that falls under the jurisdiction of two port authorities, they shall be
subject to payment of tonnage fee at the rate specified in Point a Clause 1 of
this Article.
d) Vessels providing towing services, supplying
fuels or food supplies within a maritime zone shall be subject to payment of
tonnage fee at the rate of VND 100/GT/actual operational day. Payment and
collection of this fee can be performed on a monthly basis with respect to this
collection rate. Where vessels are inactive, vessel owners must submit evidence
dossiers to a port authority for verification purposes to have sufficient
grounds for exemption from collection of this fee during their inactive days.
2. Specific provisions on collection of tonnage
fee:
a) If a vessel (except the passenger vessel and the
vessel prescribed in Point d Clause 1 of this Article) has made more than 3
two-way movements/vessel/month upon entering or leaving a maritime zone, the 4th
or more two-way movement made by this vessel within a month shall be subject to
payment of tonnage fee at the rate equal to 60% of the collection rate
specified in Clause 1 of this Article;
b) Vessels entering or leaving a maritime zone to
receive fuel, food, fresh water or substitute crew members, or carry out
activities like repair, demolition or shakedown after complete repair or
construction, without loading, unloading goods, or picking up or dropping off
passengers, shall be subject to payment of tonnage fee equal to 70% of the
collection rate specified in Clause 1 of this Article;
c) Persons or entities operating vessels moving
passengers in or from a maritime zone shall apply the collection rates of
tonnage fee as follows:
- If a vessel of less than 500 GT has made more
than 4 two-way movements/month/a maritime zone upon entering or leaving a
maritime zone, the 5th or more two-way movement made by this vessel
within a month shall be subject to payment of tonnage fee at the rate equal to
70% of the collection rate specified in Clause 1 of this Article;
- If a vessel from 500 GT to less than 1,500 GT has
made more than 3 two-way movements/month/a maritime zone upon entering or
leaving a maritime zone, the 4th or more two-way movement made by
this vessel within a month shall be subject to payment of tonnage fee at the
rate equal to 60% of the collection rate specified in Clause 1 of this Article;
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3. Exemptions from tonnage fee:
a) Vessels entering or leaving a maritime zone to
shelter from storm, bad weather conditions that may risk their safety, or
provide medical emergency services to patients or disembark persons rescued at
sea, without handling cargoes, picking up or dropping off passengers as
verified by a port authority; vessels participating in search and rescue,
prevention and control of floods, hurricanes or natural disasters according to
the dispatching call or consent from regulatory authorities;
b) Boats or canoes of passenger-carrying vessels
anchored at waterside restricted areas or zones that transport passengers to or
from a port;
c) Lash barges operating within the maritime zone
shared by Lash vessels;
d) Vietnam-flag fishing vessels and sport vessels.
Article 13. Marine safety
assurance fee
1. Collection rates of maritime safety assurance
fee:
Vessels entering or leaving a maritime zone,
dedicated port, or offshore oil port, shall be subject to payment of the
maritime safety assurance fee as follows:
a) Vessels of less than 2,000 GT:
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- Departure: VND 300/GT.
b) Vessels of at least 2,000 GT:
- Entrance: VND 600/GT;
- Departure: VND 600/GT.
c) Vessels operating on the route of transport from
a mainland shore to an island that make a movement from a mainland shore to an
island and an opposite direction movement shall be subject to payment of
maritime safety assurance fee at the rate of VND 550/GT/arrival at port;
d) Special-purpose vessels used in oil and gas
operations that make a movement from a maritime zone to an offshore oil and gas
exploration site that falls under the jurisdiction of a port authority shall be
subject to payment of maritime safety assurance fee as follows:
- Entrance: VND 950/GT;
- Departure: VND 950/GT.
Where special-purpose vessels used in oil and gas
operations make a movement from a maritime zone to an offshore oil and gas
exploration site that falls under the jurisdiction of two port authorities,
they shall be subject to payment of maritime safety assurance fee as provided
in Point a, b Clause 1 of this Article.
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a) If a vessel (except the passenger vessel) has
made more than 3 two-way movements/vessel/month upon entering or leaving a maritime
zone, the 4th or more two-way movement made by this vessel within a
month shall be subject to payment of maritime safety assurance fee at the rate
equal to 80% of the collection rate specified in Clause 1 of this Article;
b) Vessels entering or leaving a maritime zone to
receive fuel, food, fresh water or substitute crew members, or carry out
activities like repair, demolition or shakedown after complete repair or
construction, without loading, unloading goods, or picking up or dropping off
passengers, shall be subject to payment of maritime safety assurance fee equal
to 70% of the collection rate specified in Clause 1 of this Article;
c) Persons or entities operating vessels moving
passengers in or from a maritime zone shall apply the collection rates of
maritime safety assurance fee as follows:
- If a vessel of less than 500 GT has made at least
4 two-way movements/month/a maritime zone upon entering or leaving a maritime
zone, the 5th or more two-way movement made by this vessel within a
month shall be subject to payment of maritime safety assurance fee at the rate
equal to 70% of the collection rate specified in Clause 1 of this Article;
- If a vessel from 500 GT to less than 1,500 GT has
made at least 3 two-way movements/month/a maritime zone upon entering or
leaving a maritime zone, the 4th or more two-way movement made by
this vessel within a month shall be subject to payment of maritime safety
assurance fee at the rate equal to 60% of the collection rate specified in
Clause 1 of this Article;
- If a vessel of at least 1,500 GT has made at
least 2 two-way movements/month/a maritime zone upon entering or leaving a
maritime zone, the 3rd or more two-way movement made by this vessel
within a month shall be subject to payment of maritime safety assurance fee at
the rate equal to 50% of the collection rate specified in Clause 1 of this
Article;
d) Vessels underway at sea that request permission
to enter a seaport to shelter from storms in case of emergency without loading,
unloading goods, or picking up or dropping off passengers, shall be subject to
payment of maritime safety assurance fee equal to 50% of the collection rate
specified in Clause 1 of this Article.
3. Exemptions from maritime safety assurance fee:
a) Boats or canoes of passenger-carrying vessels
anchored at waterside restricted areas or zones that transport passengers to or
from a port;
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c) Vessels operating within a maritime zone that
have to move to another maritime zone according to the dispatching call given
by a port authority to shelter from storms in case of emergency:
- Where they have to sail back to the original
maritime zone after sheltering from storms to resume their cargo handling
activities, they shall be entitled to exemption from the maritime safety
assurance fee for the entrance or departure movement at the maritime zone where
they arrive to shelter from storms; for the departure movement made at the
maritime zone where they depart to shelter from storms and the entrance
movement in the original maritime zone where they return to resume their cargo
handling activities;
- Where they do not have to sail back to the original
maritime zone after sheltering from storms to resume their cargo handling
activities, they shall be entitled to exemption from the maritime safety
assurance fee for the entrance or departure movement at the maritime zone where
they arrive to shelter from storms; for the departure movement made at the
maritime zone where they depart to shelter from storms.
Article 14. Fee for anchoring
or berthing at waterside restricted areas or zones
1. Vessels at anchor within waterside restricted
areas or zones shall be subject to payment of fee for anchoring or berthing at
the collection rate of VND 5/GT/hour.
2. Persons or entities operating passenger vessels
making at least 4 movements/month/maritime zone shall be subject to payment of
such fee at the rate equal to 50% of the collection rate specified in Clause 1
of this Article with respect to passenger vessels of persons or entities within
that month.
3. Vessels anchored for a short time before
beginning operations as prescribed by the Ministry of Transport shall be
subject to payment of this fee at the following collection rates:
a) Vessels of less than 100,000 GT: VND 10/GT/day;
b) Vessels of at least 100,000 GT: VND 8/GT/day.
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5. Vessels at anchor at multiple positions within
waterside restricted areas or zones inside of maritime zones of a seaport shall
be subject to payment of this fee equal to total actual time length when they
are at anchor at a single position.
6. Vessels in the following cases shall be entitled
to exemptions from such fee:
- Wait tides within port waters before arrival to a
port;
- Wait until dawn according to the command of port
authority under regulations on imposition of restriction on vessel underway at
night;
- Shelter from storm, bad weather conditions that
may risk safety for their journey, or provide medical emergency services to
patients, or disembark persons rescued at sea, without handling cargoes,
picking up or dropping off passengers as verified by a port authority;
- Vessels participating in search and rescue,
prevention and control of floods, hurricanes or natural disasters according to
the dispatching call or consent from regulatory authorities from the date on
which they were mobilized to get involved in these cases to the date on which
these cases come to an end.
Article 15. Sea protest
attestation fee
Vessels involved in cabotage operations shall be
subject to payment of the sea protest attestation fee upon implementation of
procedures for filing sea protests: USD 200,000/each.
Article 16. Seaport entering
or leaving charge
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No.
Description
Collection rate (VND/one-way
movement)
1
Vessels of less than 200 GT
15,000
2
Vessels from 200 GT to less than 1,000 GT
25,000
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Vessels from 1,000 GT to 5,000 GT
50,000
4
Vessels of more than 5,000 GT
100,000
Payers of this fee shall be entitled to make
one-time payments for complete two-way movements (including 01 entrance and 01
departure).
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 17. Entry into force
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2. From July 1, 2017, terms referred to in Clause 1
and Clause 3 Article 2 hereof shall be subject to provisions set forth in the
Maritime Law of Vietnam dated November 25, 2015.
3. In the course of implementation, if there is any
difficulty that arises, entities concerned shall send feedbacks to the Ministry
of Finance to request its consideration and actions.
PP. THE
MINISTER
THE DEPUTY MINISTER
Tran Van Hieu