Quyết định 62/2003/QD-BTC

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.

b/ Vietnam Maritime Safety Assurance may collect the maritime assurance fee and retain 100% of the collected fee amount.

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.

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)

A. GENERAL PROVISIONS

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:

- For cargo ships: 1.5 tons of registered tonnage is equal to 1 GT.

- 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

- Region 1: Covering ports situated in the area from parallel 20 northwards.

- 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.

6. Inland transport means the transportation of goods and/or passengers between Vietnamese seaports.

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:

- Arrival: VND 250/GT

- 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:

2.1. For ships arriving at or departing from Vietnamese seaports, maritime assurance charge must be paid as follows:

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:

- River-going ships, including tugs, pushers, sea-going barges, Lash barges used as river-going transport means, for which riverway assurance charges have been paid.

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:

a/ The route starting from Dinh An via Hau river channel:

- 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

- Binh Tri and Hon Chong area: VND 30/GT-HL

- 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):

- Arrival: VND 30/GT -HL

- 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

The minimum charge amount to be collected: VND 200,000

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.

3.5. For ships which cannot operate for technical breakdowns, they shall be charged at a rate equal to 150% of the rate prescribed for the actually covered distance.

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:

6.1. Ships arriving at/departing from Vietnamese seaports must carry out the State management procedures prescribed by Vietnamese laws and pay fees for arrival at/departure from seaports as follows:

6.2. Authentication fee (for maritime protests) VND 100,000/protest.

C. SPECIAL MARITIME CHARGES AND FEES

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:

1.1. Tonnage charge:

- Arrival: USD 0.05/GT

- Departure: USD 0.05/GT

1.2. Maritime assurance charge:

Calculation unit: USD/GT

2. The methods of determining maritime charges and fees for the subjects specified in Section I of this Part are as follows:

2.1. Cases of receiving export goods at different Vietnamese ports:

- 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):

- The charge for arrival at the first unloading port shall be equal to that for international transport ships.

- 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:

- For the first arrival and last departure, the charge rates for international transport ships shall apply.

- 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.-