Quyết định 61/2003/QD-BTC

DECISION

PROMULGATING THE TABLE OF MARITIME FEE AND CHARGE AS WELL AS SEAPORT SERVICE CHARGE RATES

THE MINISTER OF FINANCE

Pursuant to the June 30, 1990 Maritime Code of Vietnam;
Pursuant to the August 28, 2001 Charge and Fee Ordinance No. 38/2001/PL-UBTVQH10;
Pursuant to the April 26, 2002 Pricing Ordinance No. 40/2002/PL-UBTVQH10;
Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structure 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 Charge and Fee Ordinance;
At the proposals of the Ministry of Communications and Transport in Official Dispatch No. 1665/GTVT-PC of April 24, 2003 and of the director of the Enterprise Finance Department,

DECIDES:

Article 1.- To promulgate together with this Decision the table of maritime charge and fee as well as seaport service charge rates.

Article 2.- The agencies assigned the task of organizing the collection of maritime charges and fees shall have to organize the collection thereof and be entitled to deduct a certain percentage (%) from the total collected charge and fee amount before remitting it into the State budget according the following regulations:

a/ Maritime port authorities shall collect tonnage charge; charge for anchoring or mooring in lagoons and bays, charge for use of piers, wharves, mooring buoys, which are built with the State budget investment and managed by the port authorities; fee for arrival at and departure from seaports; the fee for authentication (of maritime protests) and shall be entitled to retain 35% of the total collected charge and fee amount. Vietnam National Maritime Bureau shall be entitled to regulate the retained fund for expenditure among the port authorities.

b/ Vietnam Maritime Safety Assurance shall be entitled to collect maritime assurance charge and retain 100% of the total collected charge amount.

c/ Maritime Pilotage Companies shall be entitled to collect pilotage charge and implement the financial regimes according to the current regulations.

The management of the use of charge and fee amounts deducted according the provisions in Paragraphs a, b and c of this Article shall comply with the Finance Ministry's guidance.

Article 3.- The levels of charge for anchoring or mooring in lagoons and bays, charge for piers and mooring buoys not invested by the State or invested by the State but later transferred to seaport enterprises, and charge for maritime assurance of exclusive fairways of the cost-accounting and financially autonomous enterprises, as well as seaport service charge rates prescribed in this Decision are those having already included value added tax.

Article 4.- This Decision takes effect as from May 15, 2003; the provisions on maritime charges and fees and seaport service charge rates in the Finance Ministry's Decisions No. 48/2001/QD-BTC of May 28, 2001 and No. 129/2002/QD-BTC of October 8, 2002, the Government Pricing Committee's Decision No. 85/2000/QD-BVGCP of November 10, 2000 and other regulations which are contrary to the provisions of this Decision shall all be hereby annulled.

Article 5.- Organizations and individuals liable to pay the maritime charges and fees and seaport service charges; the agencies and organizations which collect the maritime charges and fees as well as seaport service charges and the concerned units shall have to implement this Decision.

TABLE OF MARITIME CHARGE AND FEE AS WELL AS SEAPORT SERVICE CHARGE RATES
(Promulgated together with the Finance Ministry's Decision No. 61/2003/QD-BTC of April 25, 2003)

A. GENERAL PROVISIONS

I. SUBJECTS OF APPLICATION

The table of maritime charge and fee levels and seaport service charge rates (hereinafter referred to as the charges and seaport service charges for short) shall be applicable to the following subjects:

1. Ships engaged in the transportation of cargoes (including containers) and/or passengers from Vietnam to foreign countries or vice versa, transit-Vietnam transportation, international relay transportation and transportation into or from export processing zones (hereinafter referred collectively to as international transportation), which actually enter, leave, pass, moor or anchor in maritime zones or waters of Vietnamese seaports;

2. Charges and seaport service charges for cargoes (including containers), which are exported or imported, in transit or relay transportation, brought into or from export processing zones shall be paid by their carriers (or those authorized by the carriers);

3. Passengers (including crew members and officers of passenger ships) entering Vietnam from foreign countries by sea or vice versa;

II. CURRENCIES FOR CALCULATING CHARGES AND SEAPORT SERVICE CHARGES

Charges and seaport service charges shall be collected in US dollar. The payment of charges and seaport service charges shall comply with the Vietnamese State's current regulations on foreign currency management. In cases where it is necessary to convert US dollar into Vietnam dong, the conversion shall be made at the average exchange rate on the interbank foreign currency market, announced by the State Bank of Vietnam at the time of payment.

III. UNITS FOR CALCULATING CHARGES AND SEAPORT SERVICE CHARGES AND
ROUND-UP METHOD

The charge and seaport service charge rates shall be calculated on the basis of gross tonnage (GT); main engine capacity shall be calculated in horse power (HP) or kilowatt (kW) of ships; time shall be calculated in hour or day; cargo volume shall be calculated in ton or cubic meter; containers shall be counted in unit; distance shall be calculated in nautical mile, more concretely:

1. The tonnage unit:

1.1. For dry carriers (including container carriers): the tonnage for calculating charges and seaport service charges is the maximum GT inscribed in certificates of the Registry Office.

1.2. For liquid cargo tankers: the tonnage for calculating charges and seaport service charges is equal to 85% of the maximum GT inscribed in certificates of the Registry Office, regardless of whether the ships have ballast water or separation water tank or not.

1.3. For ships on arrival or exit for passenger transportation, repair or dismantlement: the tonnage for calculating charges and seaport service charges is equal to 50% of the maximum GT inscribed in certificates of the Registry Office.

1.4. For ships without GT inscription, the tonnage for calculating charges and seaport service charges shall be converted as follows:

- Cargo ships: 1.5 ton of registered tonnage is equal to 1 GT.

- Tug boats, push boats: 1 HP is equal to 0.5 GT.

- Barges: 1 ton of registered tonnage is equal to 1 GT.

1.5. For ships being a convoy of barges and tug boats (or push boats): the tonnage for calculating charges and seaport service charges is the total GT of the entire convoy of barges and tug boats (or push boats).

2. The engine capacity unit is horse power (HP) or kW; any odd of less than 1 HP (or kW) shall be rounded up to 1 HP (or kW).

3. The time units:

- For time unit being day: a day is calculated with 24 hours; the odd part of 12 hours or less of a day, it shall be calculated as 1/2 day, if the odd is over 12 hours, it shall be rounded up to 1 day.

- For time unit being hour: 1 hour is calculated equal to 60 minutes; the odd part of 30 minutes or less shall be calculated as 1/2 hour, if the odd is over 30 minutes, it shall be rounded up to 1 hour.

4. The cargo volume (including packing) unit: shall be ton or cubic meter (m3); the odd part of under 0.5 ton or under 5 m3 shall not be counted, and of 0.5 ton or 5 m3 or more shall be rounded up to 1 ton or 1 m3. For one single bill of lading, the minimum volume for calculating charges and seaport service charges shall be 1 ton or 1 m3. For cargoes, of which each ton occupies 1.5 m3 or more, every 1.5 m3 shall be calculated as 1 ton.

5. The distance for calculating charges and seaport service charges shall be nautical mile, the odd being less than 1 nautical mile shall be rounded up to 1 nautical mile. The unit for calculating ship pier charge is meter; the odd being less than one meter shall be rounded up to 1 meter.

IV. DIVISION OF SEAPORT REGIONS

- Region 1: All ports lying from parallel 20 northward

- Region 2: All ports lying from parallel 11.5 to parallel 20

- Region 3: All ports lying from parallel 11.5 southward.

V. INTERPRETATION OF TERMS

A number of following words and phrases in this Decision are construed as follows:

1. Warehouses and storing yards mean those within the port land areas and managed by the ports.

2. Export cargoes (including containers) mean cargoes having consignment places (departure) in Vietnam and reception places (destination) in foreign countries.

3. Import cargoes (including containers) mean cargoes having consignment places (departure) in foreign countries and reception places (destination) in Vietnam.

4. Transit cargoes (including containers) mean cargoes having consignment places (departure) and reception places (destination) outside the Vietnamese territory, without calling in Vietnam or being unloaded at Vietnamese seaports or consigned into warehouses or storing yards for further transportation.

5. Cargoes (including containers) in relay transportation mean cargoes unloaded from ships, brought into entrepot areas for a given duration, and subsequently loaded onto other ships for transportation to other ports.

6. Ships include sea-going ships, river ships and other types of ships, boats and means (regardless of whether they are mounted with engines or not) operating at seas and in waters contiguous to the Vietnamese seas.

7. Support tug boats mean those designed, inscribed in registry book and registered for operation of providing service of towing or supporting ships entering or leaving ports.

8. Construction ships mean special-use ships for construction of hydraulic works.

9. International transportation means the transportation of cargoes, containers and passengers from Vietnam to foreign countries or from foreign countries to Vietnam, transit transportation, international relay transportation and transportation into or from export processing zones.

10. Dangerous goods mean goods hazardous and dangerous to human being, ships and environment as prescribed by the Vietnamese laws and relevant international agreements which Vietnam has signed or acceded to.

11. Carriers mean persons who use ships under their ownership or chartered ships under other people's ownership to transport cargoes and/or passengers.

12. Entrusted persons mean organizations or individuals authorized by goods owners or carriers to carry out the transportation, loading, unloading, forwarding and preservation of goods at ports.

13. Shipments: An arrival at a port and a departure from such port by a ship shall be counted as one shipment.

B. SPECIFIC PROVISIONS

I. MARITIME CHARGES AND SERVICE CHARGES

1. Tonnage charges:

1.1. Ships entering and leaving seaports, crude oil export port divisions (sans-wharf oil pumping stations) or special-use ports in service of petroleum activities shall have to pay the tonnage charge at the following levels:

1.2. A ship arriving at and departing from many seaports within the same maritime zone under the management by a port authority shall have to pay the tonnage charge only once at the levels prescribed at Point 1.1 of this Section.

1.3. Ships arriving at and departing from ports for filling fuel, taking foodstuff and fresh water, changing crew members without loading and unloading cargoes, without taking and discharging passengers shall be subject to the charge level equal to 70% of that prescribed at Point 1.1 of this Section.

1.4. Ships carrying cargoes or passengers into or out of ports within the same maritime zone under the management by one port authority for more than 4 shipments in a month, shall, from the 5th shipment onward in the same month, be subject to the charge level equal to 50% of the level of the same case.

1.5. Ships in transit to Cambodia shall be subject to the charge level equal to 50% of the charge level prescribed at Point 1.1 of this Section.

1.6. In the following cases, the tonnage charge shall not be collected:

- Ships entering or leaving ports for storm shelter or medical emergency purpose;

- Motor boats of parent passenger ships anchoring in lagoon or bay, which carry passengers into or out of ports.

- Attached barges of LASH operating at ports being destination ports of their parent ships.

1.7. For organizations and individuals that have ships carrying tourists along fixed routes and arriving at Vietnamese ports, the following tonnage charge levels shall apply:

- For ships of under 300 GT, arriving at ports at the minimum frequency of 10 shipments/month/port, the charge level equal to 60% of the prescribed level shall apply;

- For ships of between 300 GT and 1,500 GT, arriving at ports at the minimum frequency of 7 shipments/month/port, the charge level equal to 50% of the prescribed level shall apply;

- For ships of 1,500 GT or over, arriving at ports at the minimum frequency of 4 shipments/month/port, the charge level equal to 40% of the prescribed level shall apply.

1.8. Ships subject to different charge levels upon each arrival or departure shall enjoy the lowest charge level.

2. Maritime assurance charge:

2.1. Ships entering and leaving seaports or ports in exclusive service of petroleum activities shall have to pay maritime assurance charge as follows:

2.2. A ship entering and leaving many seaports within the same maritime zone under the management by a port authority shall have to pay the maritime assurance charge once at the charge levels prescribed at Point 2.1 of this Section.

2.3. Cargo or passenger ships entering or leaving ports within the same maritime zone under the management by one port authority for more than 4 shipments in a month, shall, from the 5th shipment onward in the same month, be subject to the charge level equal to 70% of the level of the same case.

2.4. The following cases shall be subject to the charge level equal to 50% of that prescribed at Point 2.1 of this Section:

- Ships arriving at the permitted maritime positions to take fuel, fresh water, foodstuff, change crew members or give emergency medical treatment to patients.

- Ships entering or leaving crude oil export port divisions (sans-wharf oil pumping stations).

2.5. Ships in transit to Cambodia shall be subject to the charge level equal to 120% of that prescribed at Point 2.1 of this Section.

2.6. The maritime assurance charge shall not be collected in the following cases:

- Motor boats of parent passenger ships anchoring in a maritime zone shall be allowed to transship passengers into and out of ports.

2.7. For organizations and individuals that have ships carrying tourists along fixed routes and arriving at Vietnamese ports, the following maritime assurance charge levels shall apply:

- For ships of under 300 GT, arriving at ports at the minimum frequency of 10 shipments/month/port, the charge level equal to 60% of the prescribed level shall apply;

- For ships of between 300 GT and 1,500 GT, arriving at ports at the minimum frequency of 7 shipments/month/port, the charge level equal to 50% of the prescribed level shall apply;

- For ships of 1,500 GT or over, arriving at ports at the minimum frequency of 4 shipments/month/port, the charge level equal to 40% of the prescribed level shall apply.

2.8. Ships subject to different charge levels upon each arrival or departure shall enjoy the lowest charge level.

3. Pilotage charge:

Ships entering and leaving seaport with pilots shall have to pay the pilotage charge as follows:

3.1. For ships of under 200 GT (including fishing ships), the charge level of 30 USD/ship/time shall apply.

3.2. For organizations and individuals that have ships carrying tourists along fixed routes and arriving at ports for at least 4 shipments/month/port, the charge level equal to 40% of the above-prescribed level shall apply.

3.3. For a number of routes, the following pilotage charge levels shall apply:

3.4. For each movement within a port, the charge level of 0.015 USD/GT/movement shall apply, the minimum charge level shall be 30 USD/ship/ movement.

3.5. Ships of organizations and individuals subject to this table of charge levels and seaport service charge rates, when moving between piers within a seaport at requests of such seaport's director and with the pilotage charge paid by such seaport, shall be subject to the pilotage charge level for movements within ports applicable to inland transport ships.

3.6. When asking for pilots, ship owners shall have to notify such to pilots 6 hours in advance. Case of schedule change or cancellation of request for pilots must be notified to pilots 3 hours in advance. Past that time limit, ship owners shall have to pay for the waiting time at the level of 10 USD/person-hour, the method of counting the waiting time shall be as follows:

a/ For pilots having not yet left the positions of departure: the awaiting time shall be counted as 1 hour.

b/ For pilots having already left the positions of departure: the awaiting time shall be counted from the departing time until the time they return to the initial positions.

c/ Pilots shall await at embarkation places for no more than 4 hours; past that time limit, the request for pilots shall be considered canceled. If pilots have been on board but ship owners cancel their requests, they shall have to pay the pilotage charge according to the routes requiring pilotage and at the prescribed levels.

d/ For pilots who have completed their work and are retained by shipmasters, the awaiting time payment shall be calculated according to the hours of retention.

e/ In cases where shipmasters do not retain pilots, who still have to stay on board, the awaiting payment level shall be 3 USD/hour.

3.7. For ships on voyages for testing their machinery and equipment or adjusting their compasses, the level equal to 110% of the prescribed one shall apply.

3.8. For ships unable to operate due to technical breakdowns, the level equal to 150% of that prescribed for actual distances shall apply.

3.9. For ships extraordinarily asking for pilots (other than the above-said cases), the level equal to 110% of the prescribed one shall apply.

3.10. In cases where pilots have arrived at their positions but ships cannot operate due to force majeure circumstances (with certification of port authorities), the pilotage charge shall not be collected.

3.11. For ships which do not navigate straight to the ports of destination but ask for permission to anchor en route (except for routes where night-time navigation is not permitted), ship owners shall have to pay expenses for means additionally arising in the reception and discharge of pilots.

3.12. In cases where ships have punctually arrived at positions of waiting for pilots at the time requested by ship owners and consented by port authorities and pilots, but pilots have not shown up, thus keeping the ships hanging on, such pilots shall have to pay to the ships a sum of 100 USD/waiting hour according to the actual waiting hours.

3.13. Cargo or passengers ships entering or leaving ports within the same maritime zone under the management by one port authority for more than 4 shipments in a month, shall, from the 5th shipment onward in the same month, be subject to the charge level equal to 70% of the level of the similar case.

4. Tug boat service charge rates:

4.1. Unit rates:

4.2. Time for calculating tug boat service charges: From the time support tug boats leave positions of departure in port areas, where ships enter for cargo handling, to the time they return to the initial places or shift to other operations. The minimum time for calculating tug boat service charges is one hour/time.

4.3. The directors of units providing support tug boat services shall base themselves on market prices and practical situation to increase or reduce unit service charge rates by 10% as compared with those prescribed at Point 4.1 and announce the unit rate for each type of existing tug boats.

The following cases of increase or reduction shall be determined on the basis of unit rates announced by the directors of the units providing support tug boat services:

4.3.1. For cases where tug boats are available in port areas, where ships enter for cargo handling, and must be mobilized from other places: Expenses for mobilizing tug boats shall be determined on the basis of agreements between tug boat owners and ship owners, but must not exceed 50% of unit rates prescribed for the actual hours of mobilizing tug boats.

4.3.2. In cases where tug boats have punctually arrived at ship reception positions at the time requested by ship owners and consented by port authorities, but ships have not yet arrived, thus keeping tug boats hanging on, the ship owners shall have to pay charge rates equal to 50% of the prescribed unit rates for the actual awaiting hours.

4.3.3. In cases where tug boats have punctually arrived at ship reception positions at the time requested by ship owners and consented by port authorities, but ships do neither appear nor operate, thus making tug boats return to their places of departure or shift to other operations, the ship owners shall have to pay charge rates equal to 50% of the prescribed unit rates for the actual hours of mobilizing tug boats.

4.3.4. In case of time change or cancellation of request for tug boats, ship owners must notify such to tug boat owners 2 hours in advance. Past that time limit, ship owners must pay for awaiting time with the minimum awaiting time for calculating pay is 1 hour.

4.3.5. For passenger ships operating on fixed routes with a frequency of at least 4 shipments/month/port, the applicable tug boat service charge rate shall be equal to 60% of the prescribed unit rates.

4.4. In the following cases, service charge shall be determined at rates agreed upon by directors of units providing tug boat service and ship owners:

4.4.1. Supports in case of rescue.

4.4.2. Where ships are unable to operate and tug boats are used to push or tow.

4.4.3. Number and capacity of tug boats comply with the regulations of Vietnam Maritime Bureau.

5. Rope-tying and -untying service rates

5.1. Rope-tying and -untying service unit rates (already included expense for equipment serving the rope-tying and -untying)

Calculation unit: USD/time

Rope-tying and -untying service charge rates shall be calculated for one tying and untying time; if tying and untying are separately calculated, service charge rates shall be equal to 1/2 of the above rates.

5.2. In cases where small ships or barges are tied up to larger ships for cargo transshipment, the service charge rate for rope-tying and -untying at piers shall apply.

II. CHARGES AND SERVICE CHARGE RATES AT PIERS

1. Charge for anchoring and mooring in lagoons and bays:

1.1. Ships anchoring and mooring in lagoons and bays shall have to pay charge therefor as follows:

- For the first 30 days, the applicable charge rate shall be 0.0006 USD/GT-hour

- For the 31st day onwards, the applicable charge rate shall be 0.0003 USD/GT-hour

1.2. Ships anchoring and mooring at crude oil export port divisions (sans-wharf oil pumping stations), the charge for use of anchoring and mooring positions shall be collected as follows:

- For the first 30 days, the applicable charge rate shall be 0.0003 USD/GT-hour

- For the 31st day onwards, the applicable charge rate shall be 0.0002 USD/GT-hour

For ships anchoring or mooring at many places within a lagoon or bay managed by one port authority, charge shall be calculated according to actual time of anchoring or mooring in each area, which shall be totalled up.

1.3. Organizations and individuals that have ships carrying tourists along fixed routes with a frequency of 4 shipments/month/port shall enjoy the charge rate equal to 40% of that prescribed at Point 1.1 of this Section.

1.4. The charge for anchoring and mooring in lagoons or bays shall be exempt for ships awaiting high tide in port waters before arriving at Vietnamese ports.

2. Charge for use of piers and mooring buoys in seaport areas

2.1. For means:

- Ships at piers shall pay charge at the rate of 0.0035 USD/GT-hour

- Ships at mooring buoys shall pay charge at the rate of 0.0014 USD/GT-hour.

a/ For ships calling in many areas within a port, the charge shall be calculated according to the actual time of calling in each area, which shall be totalled up.

b/ Organizations and individuals that have ships carrying tourists along fixed routes with a frequency of 4 shipments/month/port shall enjoy the charge rate equal to 40% of the prescribed rate.

c/ In cases where ships, which have been ordered to leave ports, still occupy piers or buoys, they shall have to pay the charge at the following rates:

- Pier occupation: 0.006 USD/GT-hour

- Buoy occupation: 0.002 USD/GT-hour

d/ Calling ships alongside other ships at piers shall have to pay the charge at the rate of 0.0017 USD/GT-hour.

e/ In cases where cargoes cannot be handled due to bad weather for more than one day (24 hours in a row) or where piers must be left for other ships under the port authority’s orders, the charge shall be exempt for the time when cargoes cannot be handled.

f/ Ships directly arriving at piers in special-use ports in service of petroleum activities without handling cargoes or taking fuel and water shall pay the charge at the rate of 0.4 USD/m-hour, and the minimum rate for each pier-arriving time is 110 USD/ship.

g/ Ships calling alongside other ships at special-use piers in service of petroleum activities shall pay the charge at the rate of 0.09 USD/m-hour, and the minimum rate for each alongside calling time is 25 USD/ship.

2.2. For cargoes

For cargoes (including containers) carried through piers or buoys, cargo owners or entrusted persons shall have to pay charge at the following rates:

a/ Handling cargoes at piers:

- For cargo: 0.20 USD/ton.

- For 20-feet containers: 1.8 USD/container

- For 40-feet containers: 3.6 USD/container

- For over 40-feet containers: 4.5 USD/container

b/ Handling cargoes at buoys: 0.1 USD/ton.

c/ Transport means:

- Refrigeration cars, caterpillars, excavators, road rollers, fork-lift trucks and cranes: 3 USD/unit.

- Cars of 15 seats or under, trucks of 2.5 tons or under: 1 USD/unit.

- Automobiles other than the above-said types: 2 USD/unit.

d/ For liquid cargoes (liquefied gas, petrol and oil, liquid asphalt,...), which are handled by pumping from ships onto tank cars, the applicable charge rate is 1 USD/ton.

e/ For cargoes transported through ports in exclusive service of petroleum activities, the applicable charge rate is 1 USD/ton.

2.3. For passengers:

a/ Passengers passing through piers (departing or arriving) shall have to pay charge at the following rates:

- Entry: 1 USD/person

- Departure: 1 USD/person

(Under-12 children shall be exempt)

b/ In cases where ships anchoring in permitted anchoring areas use other waterway transport means to carry passengers for visits to islands, the pier charge applicable to passengers is 1 USD/person (for both arrival and departure).

3. Charge rates for cargohold opening and closing service:

Ship owners who request port workers to open and close cargoholds shall have to pay charge therefor at the following rates:

3.1. In case of use of ship cranes:

Calculation unit: USD/time-hold

3.2. In cases where port cranes are used, the charge shall be equal to 150% of the charge rate at Point 3.1.

3.3. For twin-deck ships, the charge shall be calculated equal to 200% of the charge rate at Point 3.1.

4. Charge rate for garbage discharge service

- The charge rates have already covered expense for garbage-collecting and treating equipment.

- The number of times of garbage discharge shall comply with the current regulations.

4.1. For cargo ships:

4.1.1. Garbage discharge service rate:

- For ships calling at piers: 15 USD/time-ship

- For ships calling at buoys, in lagoon or bay: 40 USD/time-ship

4.1.2. Garbage discharge service rates applicable to ships of under 200 GT:

- For ships calling at piers: 4 USD/time-ship

- For ships calling at buoys, in lagoon or bay: 8 USD/time-ship

4.2. For passenger ships:

4.2.1. Charge rate for one garbage discharge time:

a/ For ships calling at piers: 0.7 USD/person

+ Minimum charge rate for one garbage discharge time: 100 USD/time-ship

+ Maximum charge rate for one garbage discharge time: 500 USD/time-ship

b/ For ships calling at buoys, in lagoons or bays (or for those calling at piers but the garbage discharge can only be made with the use of water means): Charge shall be equal to 130% of the rate prescribed at Point 4.2.1.

4.2.2. In cases where passenger ships operating on fixed routes with a minimum frequency of 4 shipments/month/port actually hire the garbage discharge, the garbage discharge service charge shall be equal to 60% of the rate prescribed at Point 4.2.1.

4.3. For cargo or passenger ships, which use garbage-treating equipment before discharging garbage and actually hire the garbage discharge service, the garbage discharge service charge shall be equal to 50% of the rate prescribed at Points 4.1 and 4.2.

4.4. In cases where garbage, at the requests of ship owners or quarantine agencies, must be destroyed (cremated or buried), the directors of units providing garbage discharge service shall negotiate with customers on specific service charge rates.

III. SERVICE CHARGE RATES FOR HANDLING CARGOES AND CONTAINERS

1. Handling service charge rates for cargoes:

1.1. Cargo-loading and unloading service charge rates:

1.1.1. Rates for service of loading, unloading cargoes with ship cranes:

Calculation unit: USD/ton

For goods not specified in the above groups, the directors of the units dealing in or exploiting seaports shall base themselves on the characteristics and nature of such goods to classify them into equivalent groups.

1.1.2. Directors of units dealing in or exploiting seaports may base themselves on market prices and practical situation to increase or reduce by 10% the charge rates prescribed at Point 1.1.1; and at the same time to promulgate the table of loading and unloading service charge rates uniformly applicable to the subjects of the application of this Decision.

1.1.3. The following cases are determined on the basis of the charge rate tables promulgated by port directors according to the provisions at Point 1.1.2:

a/ Charge rate for service of loading and unloading and turning cargoes in the same cargo-hold shall be equal to 50% of the charge rate for cargohold - wagon, automobile, barge (or vice versa).

b/ Charge rate for service of loading, unloading and turning cargoes from one cargo-hold to another in the same ship without going through piers shall be equal to 70% of the charge rate for cargohold - wagon, automobile, barge (or vice versa). For those going through piers, the applicable charge rate shall be equal to 120% of the charge rate for cargo-hold - wagon, automobile, barge (or vice versa).

c/ For goods (including those in bags) already frosted or conglomerated into hard forms which must be cracked by digging or hammering before they can be loaded, unloaded, the charge rate shall be equal to 150% of the charge rate for cargo-hold - wagon, automobile, barge (or vice versa).

d/ Loading, unloading of dangerous goods:

+ Group A: For loading, unloading of explosives and inflammable chemicals, such as Nitrates, Nitrocompound, Alkalies, Methane, Magnesium, Nitrocellulose, Iliminite, Zekon and their derivatives, the charge rate shall be equal to 200% of the charge rate for unloading service;

+ Group B: For loading, unloading of toxic and inflammable substances, such as petrol, oil, alcohol, ether, ammonia, lime powder, dried chili, acids, gases, pesticide, dyes, calcium carbide and anthracite, the charge rate shall be equal to 150% of the charge rate for loading, unloading service;

+ Group C: For loading, unloading of dusty, dirty or smelly goods, such as camphor oil, naphthalene, paper pulp, cement, fertilizer, coal, ores, dried shrimp, fish sauce, animal bones, assorted dried fishes and other dangerous goods not specified in Groups A and B, the charge rate shall be equal to 150% of the charge rate for unloading service;

e/ For goods packed in bags, bales or boxes, which are broken and must be re-collected, the loading, unloading service charge rate for the actually broken commodity volume shall be equal to 150% of the charge rate for loading, unloading service;

f/ Foreign goods in transit through Vietnamese seaports: the charge rate shall be equal to 85% of the charge rate for loading, unloading service;

g/ For already weighed goods, in addition to the loading, unloading service charge, a charge shall also be paid for commodity volume actually weighed at the following rates (already included expenses in service of the commodity weighing):

+ For hand-operated balances, scales: 1.00 USD/ton.

+ For weighing machines: 0.40 USD/ton.

h/ Service charge rate for loading, unloading too heavy or too long cargoes shall be increased as follows:

In case of too heavy-cum-too long cargoes, only one highest charge rate shall apply.

1.1.4. Directors of units dealing in or exploiting seaports shall base themselves on market prices and practical situation to promulgate the loading, unloading service charge rates to be uniformly applicable to the subjects of the application of this Decision in the following cases:

a/ For the loading, unloading of goods with ports' cranes, the charge rate must be at least equal to the charge rate for service of loading, unloading with ship cranes.

b/ Charge rate for loading, unloading services at buoys, lagoons and bays.

c/ Coefficient for readjusting service charge rate for loading, unloading such light cargoes as wood chips or such waste materials as iron scraps (in bales or unpacked), broken bottle pieces, etc.

d/ Loading, unloading with floating cranes;

1.1.5. Directors of units dealing in or exploiting seaports shall reach agreements on specific charge rates with customers in the following cases:

a/ Loading, unloading in case of maritime rescue;

b/ Cases where cargoes are moved from port warehouses or storing yards onto ships or cargoes moved from ships into port warehouses or storing yards by conveyor bells of cargo owners and ports' operators.

c/ Cases where port equipment are incapable of loading, unloading too heavy or too long cargoes, and the loading, unloading equipment must be hired from outside.

1.1.6. Ships which keep porters awaiting in the loading, unloading course must bear awaiting charge calculated according to the number of porters, awaiting time and charge rate for hiring technical workers prescribed in Section IV.

1.2. Charge for port warehousing and yard storage:

1.2.1. Charge rates for port warehousing and yard storage:

1.2.2. Time and volume for calculating charge for warehousing and yard storage:

+ Time: shall be counted from the first ton of cargoes of each bill of lading brought into warehouses or storing yards.

+ Volume: shall be the actual volume stored in warehouses or storing yards.

1.2.3. Directors of units dealing in or exploiting seaports may base themselves on market prices and practical situation to increase or reduce by 20% the charge rates prescribed at Point 1.2.1; and at the same time promulgate the table of warehousing and yard storage service charge rates uniformly applicable to the subjects governed by this Decision.

2. Service charge rates for handling containers

2.1. Charge rates for service of loading, unloading containers

2.1.1. Charge rates for service of loading, unloading containers with ship cranes:

a/ Table of container-loading, unloading service charge rates applicable to Region 1:

Calculation unit: USD/container

b/ Table of container-loading, unloading service charge rates applicable to Region 2:

Calculation unit: USD/container

c/ Table of container-loading, unloading service charge rates applicable to Region 3:

Calculation unit: USD/container

2.1.2. The container-loading, unloading service charge rates prescribed at Point 2.1.1 are those having already included pier charge for containers and charge for checking, counting and forwarding service.

2.1.3. Directors of units dealing in or exploiting seaports may increase or reduce the charge rates prescribed at Point 2.1.1 as follows:

a/ For containers containing goods:

- For regions 1 and 2: by 10%

- For region 3: by 20%

b/ For empty containers: by 15%

Basing themselves on market prices, practical situation and allowed increase or reduction percentages prescribed in Paragraphs a and b, directors of units dealing in or exploiting seaports shall promulgate the table of loading, unloading service charge rates uniformly applicable to the subjects governed by this Decision.

2.1.4. The cases prescribed below are determined on the basis of the table of loading, unloading service charge rates announced by the directors of the units dealing in or exploiting seaports according to the provisions at Point 2.1.3:

a/ Charge rate for service of loading, unloading and turning containers in the same cargohold shall be equal to 25% of the charge rate for cargoholds – port warehouses and storing yards or vice versa.

b/ Charge rate for service of loading, unloading containers from one cargohold to another in the same ship (without going through piers) shall be equal to 55% of the charge rate for cargoholds – port warehouses and storing yards or vice versa.

c/ Charge rate for service of loading, unloading or moving containers in the same ship (unloading from ships to ports and re-loading onto the same ships) shall be equal to 100% of the charge rate for cargoholds – port warehouses and storing yards or vice versa.

d/ Charge rate for service of loading, unloading or moving passing containers (unloading from ships onto yards and loading onto other ships) shall be equal to 150% of the charge rate for cargoholds – port warehouses and storing yards or vice versa, in which:

- Unloading from ships onto port warehouses or storing yards: 75% of the above rate

- Loading from port warehouses or storing yards onto ships: 75% of the above rate.

e/ Charge for loading, unloading containers of dangerous goods shall be equal to 150% of the loading, unloading service charge rate.

f/ In cases where ship owners hire port workers to tie or untie containers on ships (except for the opening and closure of latches), they shall have to pay 1 USD/container for the number of actually tied containers.

g/ Cargo owners and ship owners having containers to be loaded, unloaded in large number (accounting for 15% of total number of containers going though ports) and signing long-term contracts with ports (which are performed for of one year or more) shall enjoy a maximum reduction of 5% of loading, unloading service charge rate for the number of containers exceeding by 15% the number of containers going through ports. Specific reduction level shall be provided for by port directors on the basis of agreement with cargo owners and ship owners.

2.1.5. Directors of units dealing in or exploiting seaports shall base themselves on market prices and practical situation to promulgate the unloading service charge rates uniformly applicable to the subjects governed by this Decision in the following cases:

a/ Loading, unloading of cargoes with ports' cranes, the minimum charge rate must be equal to the service charge rate for unloading with ship cranes;

b/ Loading, unloading at buoys or in lagoons or bays;

c/ Loading, unloading with the use of floating cranes;

d/ Loading, unloading of too high, too wide or too heavy containers.

2.1.6. Ships which keep workers waiting in the loading, unloading course shall have to bear a waiting charge calculated according to the number of workers, waiting time and charge rate for hiring technical workers prescribed in Section IV.

2.1.7. The directors of the units dealing in or exploiting seaports shall prescribe specific charge rates on the basis of agreement with their customers in case of loading, unloading for maritime rescue purpose.

2.2. Charge for port warehousing and yard storage:

2.2.1. Charge rates for port warehousing and yard storage:

a/ For ordinary containers:

Calculation unit: USD/container-day

Volume and time duration for calculating charge for keeping in warehouses or storing yards:

- Volume: according to volume actually kept in port warehouses or storing yards.

- Time duration: counted from the time when containers are brought into port warehouses or storing yards

+ For import containers (containers loaded from ships into port warehouses and storing yards): it shall be counted from the sixth day on.

+ For export containers (containers loaded from port warehouses and storing yards onto ships): it shall be counted from the fourth day on.

+ For containers loaded from ship to ship, temporary import-re-export containers: it shall be counted from the fourth day on.

In cases other than the above-said cases, the time duration for calculating charge for keeping in container warehouses and storing yards shall be actual time duration of keeping in port warehouses and storing yards.

b/ Refrigeration containers:

- Time duration for calculating charge for refrigeration container warehousing and yard storage: is the time they actually use electricity of ports. Where refrigeration containers do not use electricity of ports, the time duration for calculating charge for keeping them shall be the time duration for keeping ordinary containers.

- The above charge rates prescribed for refrigeration container warehousing and yard storage are those having already included warehousing or yard storage charge, electricity charge and refrigeration cost.

2.2.2. The directors of the units dealing in or exploiting seaports may base themselves on market prices and practical situation to increase or reduce by 20% the charge rates prescribed at Point 2.2.1; and at the same time announce the table of warehousing and yard storage charge rates uniformly applicable to the subjects of application of this Decision.

IV. LABOR HIRING, MEANS AND EQUIPMENT RENT RATES

1. Labor hiring:

Calculation unit: USD/laborer-hour

For laborers doing jobs in direct contact with dangerous goods (explosive, radioactive, inflammable,...), the above hiring rates shall be increased by 50%.

2. Pier rent rate (not for cargo-handling purpose): 0.065 USD/m-pier-hour.

3. Means and equipment rent rate (already included service charges):

3.3.1. Cranes of all kinds:

a/ Floating cranes (without tug boats):

- Those of under 50 tons: 60 USD/hour.

- Those of 50 tons or above: 85 USD/hour.

b/ Land cranes (other than derrick ):

- Those of under 5 tons: 15 USD/hour.

- Those of between 5 tons and under 10 tons: 24 USD/hour.

- Those of between 10 tons and under 25 tons: 40 USD/hour.

- Those of between 25 tons and under 40 tons: 60 USD/hour.

- Those of 40 tons or above: Port directors shall prescribe charge rate therefor on the basis of agreement with customers.

c/ Derricks:

- Those of 5 tons: 24 USD/hour.

- Those of 10 tons: 60 USD/hour.

- Those of 16 tons: 72 USD/hour.

- Those of over 16 tons: 80 USD/hour.

3.3.2. Other means:

a/ Motor boats: 30 USD/hour.

b/ Trucks:

- Those of under 5 tons: 10 USD/hour.

- Those of between 5 tons and 10 tons: 15 USD/hour.

- Those of over 10 tons: 20 USD/hour.

c/ Trailers (excluding truck tractors):

- Those of under 5 tons: 3 USD/hour.

- Those of between 5 tons and 10 tons: 4 USD/hour.

- Those of over 10 tons: 5 USD/hour.

d/ Special-use container trailers (excluding truck tractors):

- Those of 20 feet or under: 5 USD/hour.

- Those of 40 feet or over: 10 USD/hour.

e/ Truck tractors: 15 USD/hour.

f/ Fork-lift trucks:

- Those of under 5 tons: 15 USD/hour.

- Those of between 5 tons and under 10 tons: 23 USD/hour.

- Those of between 10 tons and 30 tons: 45 USD/hour.

- Those of over 30 tons: 80 USD/hour.

g/ Graders, bulldozers: 15 USD/hour.

h/ Other tools:

- Air compressor for divers: 15 USD/hour.

- Bucket cranes of under 5 tons: 2 USD/hour-unit.

- Bucket cranes of 5 tons or over: 3 USD/hour-unit.

- Cable: 1 USD/cable-hour.

- VHF devices of ports: 1 USD/10 minutes.

4. Remuneration for repairing packing and re-packaging goods (sewing and patching tools are supplied by ship owners or cargo owners):

4.1. Ordinary goods: 2 USD/ton.

4.2. Dangerous goods: 3 USD/ton.

4.3. If goods, besides having their packing sewed and repaired, must be moved for over 25 meters or piled up at over 2 meters, the above remuneration rate shall be increased by 30%.

4.4. For goods already frosted or conglomerated into hard forms which must be cracked by digging or hammering before they can be packed, or require sorting, classification, checking or counting, or must be packed in bags of 10 kg or under, the above remuneration rate shall be increased by 50%.

5. The directors of the units dealing in or exploiting seaports may base themselves on market prices and practical situation to increase or reduce by 15% the remuneration rates prescribed at Points 1, 2, 3 and 4 of this Section; and at the same time promulgate the labor hiring and means and equipment rent rates uniformly applicable to the subjects governed by this Decision.

6. For means and equipment not yet specified in this Section IV, the rent rates shall be determined on the basis of agreement between parties.

V. SEAPORT ARRIVAL AND DEPARTURE FEE

1. Ships entering and leaving Vietnamese seaports shall have to carry out the State management procedures according to the provisions of Vietnamese law and pay the seaport arrival and departure fee as follows:

- For ships of a tonnage of under 500 GT: 20 USD/shipment.

- For ships of a tonnage of between 500 GT and 1,000 GT: 50 USD/shipment.

- For ships of a tonnage of over 1,000 GT: 100 USD/shipment.

2. Authentication fee (for maritime protests): 20 USD/time.

C. ORGANIZATION OF IMPLEMENTATION

1. The directors of the units dealing in or exploiting seaports shall base themselves on the practical situation and the provisions of this Decision to promulgate the specific tables of seaport service charge rates for services provided by their units (including services governed by this Decision but not yet prescribed herein).

Tables of seaport service charge rates promulgated by the directors of the units dealing in or exploiting seaports and providing seaport services must be reported to the Finance Ministry, the Ministry of Communications and Transport and Vietnam Maritime Bureau.

The above-said charge rate tables must be stable for at least one year. Particularly for services governed by this Decision but not yet prescribed herein, Vietnam Maritime Bureau's opinions must be obtained before they are provided.

2. Contracts on charges and seaport service charge rates signed before May 15, 2003 and terminate on May 15, 2003 or afterwards shall be handled as follows:

- For work volume completed before May 15, 2003, the charges and seaport service charge rates inscribed in the signed contracts shall apply.

- For work volume completed on May 15, 2003 or afterwards, the charges and seaport service charge rates prescribed in this Decision shall apply.

3. In case of disputes over application subjects, organizations and individuals tasked to pay charges and seaport service charges must have dossiers and documents to prove. If they have no dossier or document to prove, they shall have to pay them according to the table of maritime fee and charge levels and seaport service charge rates prescribed in this Decision.-