Quyết định 85/2000/QD-BVGCP

DECISION

ON SEAPORT SERVICE CHARGES

THE DIRECTOR OF THE GOVERNMENT’S PRICING COMMITTEE

Pursuant to the Government’s Decree No. 01/CP of January 5, 1993 defining the tasks, powers and organizational structure of the Governments Pricing Committee;
Pursuant to the Governments Decree No. 13/CP of February 25, 1994 issuing the Regulation on the management of maritime activities at seaports and maritime zones of Vietnam;
Pursuant to Joint Circular No. 02/TTLB of April 12, 1993 of the Governments Pricing Committee and the Ministry of Communications and Transport prescribing the management of seaport charges and fees;
On the basis of the agreement of the Ministry of Finance (Official Dispatch No. 4124/TC-TCDN of October 6, 2000) on seaport service charges;
After consulting the concerned branches,

DECIDES:

Article 1.- To issue together with this Decision the Table of seaport service charge rates.

Article 2.- The Table of seaport service charge rates mentioned in Article 1 shall apply to the following objects:

1. Seagoing ships of foreign organizations and individuals;

2. Oceangoing ships of Vietnamese organizations and individuals and seagoing ships of foreign-invested enterprises based in Vietnam (including chartered and charter-purchased ships) carrying exported and imported goods; goods in transit;

3. Goods (including containers) that are exported, imported and in transit, owned by foreign organizations and individuals or domestic units acting as agents or consignees for these owners (except for goods owners prescribed in Joint Circular No. 10/2000/TTLB/BKH-BTP-BNG-BCA of August 15, 2000 guiding the investment by overseas Vietnamese and foreigners permanently residing in Vietnam under the Governments Decree No. 51/1999/ND-CP of July 8, 1999 detailing the implementation of Domestic Investment Promotion Law (amended) No. 03/1998/QH10;

4. Passengers (including crew members and officers of passenger liners) coming by sea to Vietnam from abroad or vice versa;

5. Units permitted to commercially operate, exploit and manage seaports in service of the above objects.

Article 3.- The rates set in the Table of seaport service charge rates are inclusive of value added tax.

Article 4.- This Decision takes effect as of January 1, 2001 and replaces Decision No. 127/VGCP-CNTDDV of October 28, 1997 and Decision No. 101/1999/QD-BVGCP of November 21, 1998 of the Governments Pricing Committee and relevant guiding documents.

TABLE

OF SEAPORT SERVICE CHARGE RATES
(Issued together with Decision No. 85/2000/QD-BVGCP of November 10, 2000 of the Government’s Pricing Committee)

A. GENERAL PROVISIONS

I. OBJECTS OF APPLICATION

The Table of seaport service charge rates shall apply to the following objects:

1. Seagoing ships of foreign organizations and individuals;

2. Seagoing ships of Vietnamese organizations and individuals and seagoing ships of foreign-invested enterprises based in Vietnam (including chartered and charter-purchased ships) carrying exported and/or imported goods; goods in transit;

3. Goods (including containers) that are exported, imported and in transit, owned by foreign organizations and individuals or domestic units acting as agents or consignees for these owners (except for goods owners prescribed in Joint Circular No. 10/2000/TTLB/BKH-BTP-BNG-BCA of August 15, 2000 guiding the investment by overseas Vietnamese and foreigners permanently residing in Vietnam under the Governments Decree No. 51/1999/ND-CP of July 8, 1999 detailing the implementation of Domestic Investment Promotion Law (amended) No. 03/1998/QH10.

4. Passengers (including crew members and officers of passenger liners) coming by sea to Vietnam from abroad or vice versa;

5. Units permitted to commercially operate, exploit and manage seaports in service of the above objects.

II. CURRENCY UNIT FOR SERVICE CHARGE CALCULATION

The seaport service charge rates shall be set in the US dollar (USD). The payment of seaport service charges shall comply with the Vietnamese States current regulations on foreign currency management. Where it is necessary to convert the US dollar into another currency (including Vietnam dong), the average transaction exchange rate on the interbank foreign currency market announced by the Vietnam State Bank at the time of payment shall apply.

III. UNITS FOR SEAPORT SERVICE CHARGE CALCULATION AND THE ROUNDING METHOD

The seaport service charges shall be calculated on the basis of gross registered tonnage - GRT, the engine capacity (CV), the duration (hours, days), the goods volume (T or m3), containers (unit) and the distance (nautical miles).

1. Tonnage units:

1.1. For dry carriers: The tonnage for calculation of seaport service charges shall be the highest gross registered tonnage (GRT) inscribed in the registrys certificates.

1.2. For liquid cargo tankers (except those specified at Point III/1.4 of Part A): The tonnage for seaport service charge calculation shall be equal to 85% of the highest gross registered tonnage (GRT) inscribed in the registrys certificates, regardless of whether or not the ship has partitioning ballast water tanks.

1.3. For passenger liners (except those specified at Point III/1.4 of Part A): The tonnage for seaport service charge calculation shall be equal to 50% of the highest gross registered tonnage (GRT) inscribed in the registrys certificates.

1.4. For ships with gross registered tonnage of over 40,000 GRT arriving at Vietnamese seaports for repair: The tonnage for seaport service charge calculation shall be equal to 50% of the highest gross registered tonnage (GRT) inscribed in the registrys certificates; the minimum charge to be collected shall be equal to the seaport service charge to be collected for ships with gross registered tonnage of 40,000 GRT.

1.5. For ships without inscribed gross registered tonnage, the method of conversion shall be as follows:

- Cargo ships: 1.5 registered tonnage tons shall be counted as 1 GRT.

- Tug and push ships: 1 CV shall be counted as 0.5 GRT.

- Barges: 1 registered tonnage ton shall be counted as 1 GRT.

Where a sea-going ship comprises a convoy of barges and tug ships (or push ships), the tonnage for charge calculation shall be the total of GRTs of the whole convoy of barges and tug ships (or push ships).

2. The engine capacity unit shall be horse power (CV); the decimal fraction below 1 CV shall be rounded up to 1 CV.

3. The time unit (exclusive of the VHF hiring cost):

- For the time unit being the day: a day shall have 24 hours; a day fraction of 12 hours or less shall be counted as a half day and of over 12 hours shall be counted as one day.

- For the time unit being the hour: an hour shall have 60 minutes; a fraction of 30 minutes or less shall be counted as half an hour and of over 30 minutes shall be counted as one hour.

4. The goods weight unit shall be ton or m3; a fraction of less than 0.5 ton or 0.5 m3 shall not be counted, from 0.5 ton or 0.5 m3 or more shall be counted as 1 ton or 1 m3. For a single bill of lading, the minimum weight for charge calculation shall be 1 ton or 1 m3. For kinds of goods, 1 ton of which occupying 1.5 m3 or more, each 1.5 m3 shall be counted as 1 ton.

5. The weight for seaport service charge calculation: shall be the weight of goods plus packings.

6. The distance for seaport service charge calculation shall be in nautical miles. A fraction of less than 1 nautical mile shall be counted as 1 nautical mile.

IV. DIVISION OF PORT REGIONS

- Region 1: The ports located in the region from parallel 20 northward.

- Region 2: the ports located in the region from parallel 11.5 to parallel 20.

- Region 3: The ports located in the region from parallel 11.5 southward.

V. The rates prescribed in the Table of seaport service charge rates shall be package rates applicable also to extra working time and holidays prescribed in the Labor Code.

VI. For newly arising services not yet prescribed in this Decision, the directors of seaport operating and exploiting units shall set temporary charge rates on the basis of agreement with their customers and report them to the Governments Pricing Committee and the Vietnam Maritime Bureau for settlement.

VII. INTERPRETATION OF CONCEPTS

A number of concepts in this Regulation shall be understood as follows:

7.1. "Store houses and yards" mean store houses and yards located within the ports land areas under their management and exploitation.

7.2. "Goods (including containers) in transit" mean goods with the departure (original) place and the goods-receiving place (destination) outside the Vietnamese territory, transported directly, unloaded and loaded at the Vietnamese seaports or put into separate store houses for further distribution.

7.3. "Imported goods (including containers) mean goods with the departure (original) place in a foreign country and the goods-receiving place (destination) in Vietnam.

7.4. "Exported goods (including container) mean goods with the departure (original) place in Vietnam and the goods-receiving place (destination) in a foreign country.

7.5. "Hazardous and noxious goods" mean goods noxious and hazardous to human beings and the environment according to the regulations of the International Maritime Organization - IMO.

7.6. "Carriers" mean persons providing goods and passenger transportation services by ships owned by themselves or chartered from others.

7.7. "Seagoing ships" mean floating structures, with or without motors; used exclusively for operation on the sea or sea-related water areas.

7.8. "Support ships" mean ships designed and registered to provide seagoing ship towage and support services.

7.9. "Consignees" mean organizations or individuals consigned by the goods owners or transporters to conduct the unloading, delivery and preservation of goods at the ports.

B. SPECIFIC PROVISIONS

I. MARITIME SERVICE CHARGES

1. Pilotage charges:

1.1. Pilotage charge rates:

1.1.1. The charge rate per port call or departure shall be applicable to all regions (excluding a number of lines subject to separate regulations):

1.1.2. Charge rates for seagoing ships with a tonnage of under 200 GRT (including fishing ships)

- Port call: USD 30/ship.

- Port departure: 30 USD/ship

1.1.3. Pilotage charge rates applicable to a number of lines:

1.1.4. For each movement in the port: USD 0.017/GRT. The minimum charge per movement in the port shall be USD 30/ship.

1.2. If asking for pilots, the ship owners must inform the concerned pilots 8 hours in advance. In case the time is changed or the pilotage is canceled, the pilots must be informed thereof 6 hours in advance. Past this time limits, the ship owners must pay for the waiting time. The waiting time shall be calculated as follows:

1.2.1. If the pilot has not yet left his/her place of departure, the waiting time shall be counted as 1 hour.

1.2.2. If the pilot has left his/her place of departure, the waiting time shall be counted from the departure time till the time the pilot returns to his/her original place.

1.2.3. The pilot shall wait at the place of meeting the seagoing ship for 5 hours at most; past this duration, the pilotage shall be considered to be canceled; or if the pilot already goes aboard the ship but the ship cancels the pilotage, the pilotage applicant shall still have to pay a pilotage charge for the designated line at the charge rate prescribed at Point I/1.1.

1.2.4. For a pilot who has finished the pilotage but is still kept by the ship master, a waiting time charge shall be imposed according to the number of hours the pilot is kept.

1.2.5. The waiting time charge rate to be paid to pilots shall be 10 USD/pilot/hour (including means of transport).

1.2.6. Where the ship master does not keep the pilot but the pilot still has to have meals aboard the ship (such as crude oil tankers, ships in transit), the waiting time charge rate shall be 3 USD/pilot/hour.

1.3. Ship owners shall have to pay surcharges to the pilots in the following cases:

1.3.1. For seagoing ships with an itinerary to test their machinery and equipment and correct compasses, the surcharge of 10% over the charge rate prescribed at Point I/1.1 shall be collected.

1.3.2. For seagoing ships unable to self-propel due to technical problems: the surcharge over 50% the charge rate prescribed at Point I/1.1 shall be collected for the actually-covered distance.

1.3.3. For seagoing ships asking for pilots unexpectedly (not prescribed at Point I/1.2), the surcharge of 10% of the charge rate prescribed at Point I/1.1 shall be collected.

1.3.4. For seagoing ships that do not go straight to the destination port but ask for anchoring en route (except for the lines along which ships are not allowed to sail at night and must anchor till morning), the ship owners shall have to pay for additional transport means used for the transportation of the pilots.

1.4. Where a seagoing ship has arrived at the pilot-waiting place at the time requested by the ship owner is representative and agreed upon by the port authority as well as the pilot but the pilot has not arrived, thus keeping the ship waiting, the pilot shall have to pay for the ships waiting time 100 USD/hour according to the number of actual waiting hours.

1.5. For passenger liners operating on fixed lines according to registered itineraries, a separate charge rate shall apply.

2. Charges for support ships

2.1. Ships that enter and leave ports or move within ports, using support ships shall have to pay support charges according to the following charge rates:

2.1.1. Support ships with a capacity of 500 CV or less: 0.34 USD/CV-hour.

2.1.2. Support ships with a capacity of between 501 CV and 1,000 CV: 170 USD/hour shall be collected for the first 500 CV, from the 501th CV onward, 0.26 USD/CV-hour shall be collected.

2.1.3. Support ships with a capacity of between 1,001 CV and 1,500 CV: 300 USD/hour shall be collected for the first 1,000 CV, from the 1,001th CV onward, 0.15 USD/CV-hour shall be collected.

2.1.4. Support ships with a capacity of between 1,501 CV and over: 375 USD/hour shall be collected for the first 1,500 CV, from the 1,501th CV onward, 0.05 USD/CV-hour shall be collected.

2.2. Basing themselves on the charge rate prescribed at Point I/2.1, the directors of the enterprises shall prescribe and announce the charge rate for each kind of existing towing ships.

2.3. The time for calculation of support ship charges: shall be counted from the time when the support ship leaves its departure place in the port area where ships arrive for goods handling till the time it returns to its original place or changes to another operation. The minimum time for calculation of support charge shall be 1 hour/time of support.

Where no support ship is available in the port area where ships arrive for goods handling and support ships must be mobilized from elsewhere, the cost of mobilization of a support ship shall be determined on the basis of agreement between the support ship owner and the hirer but must not exceed 60% of the charge rate prescribed at Point I/2.1.

2.4. Where the support ship has arrived at the rendezvous place to receive the seagoing ship-meeting place at the right time as requested by the seagoing ship owners representative and agreed upon by the port authority but the seagoing ship has not arrived, thus keeping the support ship waiting, the seagoing ship owner shall have to pay 50 % of the charge rate prescribed at Point I/2.1 for the number of actual waiting hours.

2.5. Where the support ship has arrived at the rendezvous place at the right time requested by the seagoing ship owners representative and agreed upon by the port authority but the seagoing ship has neither arrived nor run, and the support ship has to return to its place of departure or change to another operation, the seagoing ship owner shall have to pay 50 % of the charge rate prescribed at Point I/2.1 for the number of actual hours the support ship is mobilized.

2.6. The seagoing ship owners shall have to pay surcharge for support in the following cases:

2.6.1. Support is rendered under the condition of gale of degree 6 or 7: The charge rate prescribed at Point I/2.1 shall increase by 30%.

2.6.2. Support is rendered under the condition of gale of degree higher than 7: The charge rate prescribed at Point I/2.1 shall increase by 100%.

2.6.3. Support is rendered in case of rescue: Charges shall be agreed upon between the rescue unit and the rescued unit.

2.7. Where a seagoing ship fails to operate and needs to be pulled or pushed by a support ship, the vehicle rents prescribed at Point III/4.3.1 of Part B shall apply.

2.8. Where the time is changed or the request for a support ship is canceled, the ship owners representative must notify such to the support ship owner two hours in advance. If failing to do so, the ship owner shall have to pay for the waiting time as prescribed above.

2.9. For passenger liners operating on fixed routes according to registered itineraries, a separate charge rate shall apply.

2.10. The number and capacity of support ships shall be regulated by the directors of port authorities.

3. Rope fastening and unfastening charges

3.1. Rope fastening and unfastening charge rates:

Calculation unit: USD/time

The moorage service charge shall apply to each fastening and unfastening; if fastening and unfastening are separated, half of the above charge rate shall apply.

The above charge rate is inclusive of expenses for means (if any) used in service of the rope fastening and unfastening.

3.2. Where small ships or barges are tied to bigger ships for goods trans-shipping, the charge rate for rope fastening and unfastening at quay shall apply.

II. CHARGES AT WHARVES

1. Wharfages for means:

1.1. Wharfage rates:

1.1.1. Stopped at wharfs: 0.0035 USD/GRT-hour

1.1.2. Stopped at buoys: 0.0014 USD/GRT-hour

1.1.3. Anchored in bays: 0.0006 USD/GRT-hour

1.2. Where a seagoing ship stops at 2 or 3 places within a port, the wharfage shall be the total of charges calculated according to the actual time the ship stops at each place and the relevant charge rate.

1.3. Where a seagoing ship still stays at the wharf or the buoy after receiving an order to leave the port, it must pay a wharfage at the following rate:

1.3.1. Wharf occupancy: 0.006 USD/GRT- hour

1.3.2 Buoy occupancy: 0.0026 USD/GRT- hour

1.4. For ships with a gross registered tonnage of under 200 GRT, the wharfage per shipment (including entry and departure) shall be 46 USD/ship for a period of 5 days; From the sixth day on, a surcharge of 11 USD/day shall be collected.

1.5. Where a seagoing ship stops alongside another one at the wharf: the wharfage shall be equal to 50% of the relevant wharfage. For a barge stopping alongside another seagoing ship for pumping liquid goods, the wharfage shall be equal to 50% of the relevant wharfage rate.

1.6. Wharfage shall be exempt for oil tankers coming to Vietnam from foreign countries for cleaning and consolidation beyond Buoy Zero (without exporting, importing oil).

1.7. Where due to bad weather goods cannot be handled for more than one day (24 consecutive hours) or a ship has to give wharf to another one by the order of the port, the wharfage shall be exempt for the time when the goods cannot be handled.

1.8. For passenger liners operating along fixed lines according to registered itineraries, a separate charge rate shall apply.

2. Wharfages for goods and passengers

2.1. Wharfage rates applicable to goods

For goods loaded or unloaded at wharves, buoys, bays, the goods owners or consignees must pay wharfage at the following rates:

2.1.1. Goods handled at wharves: 0.30 USD/ton.

2.1.2. Goods handled at buoys, bays: 0.15 USD/ton

2.1.3. For goods being transport, loading and unloading, and special-use means:

+ Refrigerator vehicles, caterpillars, grab buckets, road rollers, fork lifts, cranes: 3 USD/vehicle.

+ Cars with 15 seats or less, trucks with a load of 2.5 tons or less: 1 USD/vehicle.

+ Cars of other kinds not specified above: 2 USD/car.

2.1.4. The wharfage rate for liquid goods (liquefied gas, petrol, oil, liquid tar�) handled by pumping from seagoing ships onto vehicles, tanks or barges shall be 1 USD/ton.

2.2. Wharfage for passengers:

2.2.1. Wharfage rates applicable to passengers: Passengers using wharfs (arriving or leaving) must pay charges at the following rates:

- Arriving: 1.5 USD/person

- Leaving: 1.5 USD/person

(Under-12 children shall not be charged).

Where motor boats are used to transport passengers from large ship ashore the wharfage shall be collected at the above rates for passengers having actually using the wharf.

2.2.2. Where a seagoing ship anchors at a prescribed place, and other waterway means of transport are used to take passengers for sight seeing at offshore islands, the wharlfage rate applicable to passengers shall be 1 USD/person (including both entry and exit).

2.2.3. For passengers liners operating along fixed routes according to registered itineraries, a separate charge rate shall apply.

3. Charge for opening and closing cargo holds

Seagoing ship owners who need workers to close and/or open cargo holds must pay charges at the following rates:

3.1. For cases where the ship�s crane is used:

Calculation unit: USD/hold

3.2. For cases where the port�s crane is used: an increase of 50% shall be added to the charge rate prescribed at Point II/3.1.

4. Charges for cleaning cargo holds and decks

4.1. Cleaning of cargo holds:

4.1.1. Seagoing-ship owners requesting port workers to clean up cargo holds must pay cleaning charges at the following rates:

Calculation unit: USD/hold

4.1.2. Tools and water used for cleaning shall be provided by the ship owners.

4.1.3. For ships with multiple hold layers, each layer shall be regarded as one hold.

4.1.4. When cleaning, if there remain in a hold scattered goods which need to be gathered, the seagoing ship owner shall have to pay additional charge for loading and unloading such scattered goods.

4.2. Cleaning of decks

Seagoing ship owners requesting port workers to clean up decks must pay charges at the following rates:

4.2.1. If the ship�s water is used: 0.17 USD/m2

4.2.2. If the port�s water is used: 0.20 USD/m2

A minimum charge for one cleaning shall be 50 USD.

5. Charge for garbage dumping

5.1. For cargo ships:

5.1.1. The charge rate for each garbage dumping (including expense for transport means in service of garbage dumping):

- Ships anchored at wharf: 20 USD/ship

- Ships anchored at buoy, in bay: 50USD/ship

5.1.2. The charge rate for each garbage dumping applicable to ships with a tonnage of under 200 GRT (including expense for transport means in service of garbage dumping):

- Ships anchored at wharf: 4 USD/ship

- Ships anchored at buoy, in bay: 8 USD/ship

5.2. For passenger liners:

5.2.1. The charge rate for each garbage dumping:

a/ For ships anchored at wharf:

- Common charge rate: 0.7 USD/person

(persons aboard include passengers, crew members, officers).

- The minimum charge for each garbage dumping: 100 USD/dumping-ship.

- The maximum charge for each garbage dumping: 500 USD/dumping-ship.

b/ For ships anchored at buoy, in bay (or at wharf but a waterway means is needed for garbage dumping): an increase of 30% shall be added to the charge rates prescribed at Point II/5.2.1.

5.2.2. For passenger liners operating along fixed routes according to registered itineraries, a separate charge rate shall apply.

5.3. Where the ship owners or quarantine authorities request the destruction (burning, burying�) of garbage, the directors of the garbage dumping units shall set concrete charge rates on the basis of agreement with customers.

5.4. Cargo ships or passenger liners using equipment to treat garbage before having such garbage dumped shall enjoy a 30% reduction of the charge rates prescribed at Point II/5.1 and Point II/5.2.

6. Charge of fresh water supply

The supply of fresh water for seagoing ships shall be effected only when the ship owners so request at the following rates:

6.1. Supply of water through pipe systems conducting water from ashore: 2.50 USD/m3.

6.2. Supply of water by waterway transport means: 3.50 USD/m3.

The above rates are inclusive of the expense for water supply means.

7. Goods counting and forwarding charges

Basing themselves on the market prices and practical situation, the directors of goods counting and forwarding service enterprises shall set and announce the Table of goods counting and forwarding charge rates uniformly applicable to subjects falling under the scope of application of this Decision.

III. CARGO OPERATION CHARGES

1. Operation charges for cargo (excluding containers):

1.1. Cargo loading and unloading charge:

1.1.1. Charge rates for cargo loading and unloading by the ship cranes (except for port warehouse, carriage and automobile operations with the use of the port�s means):

Calculation unit: USD/ton.

* Charge for loading and unloading self-propelled vehicles (except caterpillars) onto wharf or into port storehouses or yards shall be 25 USD/vehicle (including the expense for driver). Where means, automobiles or equipment are on tires but cannot operate (their engines cannot be started) so that the port�s tractors or lifters are used to put them into the port�s storehouses or yards: 40 USD/vehicle.

1.1.2. The charge rates prescribed at Point III/1.1.1 are standard rates. The port directors may adjust them up or down 10% at most. Basing themselves on the market prices and the practical situation, the directors of seaport operation and exploitation enterprises shall announce the Table of loading and unloading charge rates for application to all subjects falling under the application scope of this Decision.

1.1.3. The cases prescribed below may be determined on the basis of the Table of charge rates announced by the port directors according to the provisions at Point III/1.1.2:

a/ The charge rate applicable to the loading and unloading of goods for displacement in the same hold shall be equal to 50% of the charge rate applicable to the loading and unloading of goods from ship holds to carriages, automobiles, barges (or vice versa).

b/ The charge rate applicable to the loading and unloading of goods for displacement from one hold to another in the same ship but without going through port wharves shall be equal to 70% of the charge rate applicable to the loading and unloading of goods from ship holds to carriages, automobiles, barges (or vice versa). Where the goods are loaded and unloaded via port wharfs, the charge rate shall be equal to 120% of the charge rate applicable to the loading and unloading of goods from ship�s hold to carriages, automobiles, barges (or vice versa).

c/ For frozen or curdled goods (including packed goods) which need to be dug up or broken down before they can be loaded and unloaded, a surcharge equal to 50% of the charge rate applicable to the loading and unloading of goods from ship holds to carriages, automobiles, barges (or vice versa) shall be collected.

d/ Loading and unloading of dangerous and noxious goods:

+ Group A: For explosives and inflammable chemicals like nitrates, nitro compounds, alkalies, methane, magnesium, nitro cellulose and products derived therefrom, the loading and unloading charge rate shall double the normal rate.

+ Group B: For noxious and inflammable substances like petrol, kerosene, alcohol, ether, amonia, lime powder, dried chili, acids, gas, pesticides, dyes, calcium carbide, anthracite, the loading and unloading charge rate shall increase by 50%.

+ Group C: For dusty, dirty or fetid goods like camphor oil, naphthalene, paper pulp, cement, fertilizers, coal, ores, dried shrimps, fish sauces, animal bones, dried fish and other dangerous and noxious goods not specified in Groups A and B, the loading and unloading charge rate shall increase by 30%.

e/ For goods packed in bags, parcels or boxes which are broken and need to be gathered, the loading and unloading charge rate shall double the normal rate for the quantity of actually broken goods.

f/ For goods of foreign countries transiting Vietnamese seaports: the loading and unloading charge rate shall reduce by 15%.

g/ For goods which are scaled, apart from the loading and unloading charge, extra payment must be paid for the quantity of goods actually scaled at the following rates (inclusive of scaling expenses):

+ Manually scaled: 1.0 USD/ton.

+ Mechanically scaled: 0.4 USD/ton.

h/ For goods carried from port storehouses or yards onto ships or goods unloaded from ships and carried into port storehouses or yards by means of conveyors of the goods owners or by the port�s labor, the loading and unloading charge rates shall be mutually agreed upon by the directors of the seaport operation and exploitation units and customers.

i/ For goods unloaded from port storehouses or yards and loaded onto carriages (or vice versa) whereby transport means are used: The operation charge rate applicable to the loading and unloading of goods from port store houses or yards to carriages, automobiles shall double.

k/ The charge rates applicable to the loading and unloading of super-weight or super-length cargos shall increase as follows:

Where cargos are both too heavy and too long, the charge rate increase shall be calculated according to the highest increase rate only.

Where the port�s existing facilities are incapable of loading and unloading super-weight and/or super-length goods and loading and unloading facilities must be hired from outside, the directors of the seaport operation and exploitation units shall set the charge rate on the case-by-case basis after reaching agreement with customers.

l/ Where the port�s cranes are used for goods loading and unloading (except for the port storehouse or yard - carriages, automobiles operation or vice versa): the loading and unloading charge rate shall be set by the directors of the seaport operation and exploitation units but must not be lower than the charge rate applicable to the goods loading and unloading by means of ship�s cranes.

1.1.4. Goods loading and unloading in emergency cases: The directors of the seaport operation and exploitation units shall set the charge rate on the case-by-case basis after reaching agreement with customers.

1.1.5. Where a seagoing ship keeps workers waiting during the loading and unloading process, a waiting charge shall be calculated according to the number of waiting stevedores and time and at the rate of charge for hiring technicians prescribed at Point III/4.1.

1.1.6. Where a floating crane is used for goods loading and unloading, the charge rate shall be set by the directors of the seaport operation and exploitation units on the basis of the agreement reached with customers.

1.2. Storage charge:

1.2.1. Storage charge rates:

1.2.2. Time and volume for storage charge calculation:

+ Time: starting from the first ton of goods put into the store house or yard, for each bill of lading.

+ Volume: according to the actual volume put into the store house or yard.

1.2.3. The charge rates prescribed at Point III/1.2.1 are standard rates. The directors of the seaport operation and exploitation units may adjust them up or down by 20% at most. Basing themselves on the market prices and the actual situation, the directors of seaport operation and exploitation enterprises shall announce the Table of storage charge rates for application to all subjects falling under the application scope of this Decision.

For hazardous and noxious goods, the charge rates announced by the directors of seaport operation and exploitation enterprises shall increase by 50%.

1.3. Goods transshipment charge:

Transshipped goods are goods unloaded from ships anchored at buoys, in bays and loaded aboard other waterway means for transportation ashore or vice versa.

1.3.1. Transshipment charge rates:

For hazardous and noxious goods, the trans-shipment charge rate shall increase by 50% of the rates prescribed above.

1.3.2. The charge rates prescribed at Point III/1.2.1 are standard rates. The directors of the seaport operation and exploitation units may adjust them up or down by 20% at most. Basing themselves on the market prices and the actual situation, the directors of seaport operation and exploitation enterprises shall announce the Table of transshipment charge rates for application to all subjects falling under the application scope of this Decision.

1.3.3. For goods which are too big to be put into barge holds, the charge rate shall be the same as for Category 4 goods.

1.3.4. Cases of transshipment of bulky goods:

- If under 50% of the means� gross registered tonnage is used, the weight for charge calculation shall be equal to 70% of the means� gross registered tonnage.

- If from 50% to 70% of the means� gross registered tonnage is used, the weight for charge calculation shall be equal to 80% of the means� gross registered tonnage.

- If over 70% of the means� gross registered tonnage is used, the weight for charge calculation shall be equal to 100% of the means� gross registered tonnage.

1.3.5. Distance for charge calculation: From the ship�s side to the port wharf or vice versa.

1.3.6. The transshipment charge rate shall not include the charge for loading and unloading transshipped goods.

1.3.7. Transshipment of goods salvaged from seagoing ships in distress: The directors of seaport operation and exploitation units shall set the charge rate on the basis of the agreement reached with customers.

2. Operation charges for containers

2.1. Charge for loading and unloading containers

2.1.1. The charge rates applicable to the loading and unloading of containers by using the ship�s cranes (except the port store house or yard - carriages, automobiles or vice versa operation using the port�s equipment):

a/ The table of container loading and unloading charge rates applicable to Region 1:

Calculation unit: USD/cont.

b/ The table of container loading and unloading charge rates applicable to Region 2:

Calculation unit: USD/cont.

c/ The table of container loading and unloading charge rates applicable to Region 3:

Calculation unit: USD/cont.

2.1.2. The container loading and unloading charge rates prescribed at Point III/2.1.1 are inclusive of the wharf charge for goods and the counting and delivery expense.

2.1.3. The charge rates prescribed at Point III/2.1.1 are standard rates. The directors of seaport operation and exploitation units may adjust them up or down at no more than:

- For containers with goods:

+ In regions 1 and 2: 10%;

+ For region 3: 15%.

- For empty containers: 15%.

Basing themselves on the market prices and actual situation, the directors of seaport operation and exploitation units shall announce the table of loading and unloading charge rates for application to all subjects falling under the application scope of this Decision.

2.1.4. The cases prescribed below shall be determined on the basis of the Table of loading and unloading charge rates announced by the directors of seaport operation and exploitation units under Point III/2.1.3:

a/ The charge rate applicable to the loading and unloading of containers for displacement in the same hold shall be equal to 25% of the ship hold - port store house or yard or vice versa charge rate.

b/ The charge rate applicable to the loading and unloading of containers from one hold to another in the same ship (without going through the port wharf) shall be equal to 55% of the ship hold - port store house or yard or vice versa charge rate.

c/ The charge rate applicable to the loading unloading of containers for displacement in the same ship (unloading and taking ashore then loading aboard the same ship) shall be equal to 100% of the ship hold - port store house or yard or vice versa charge rate.

d/ The charge rate applicable to the loading and unloading of containers for displacement to different ships (unloading and taking ashore then loading aboard another ship) shall be equal to 150% of the ship hold - port store house or yard or vice versa charge rate, of which:

- Unloading from ships then putting into a port store houses or yards: 75% of the above rate.

- Unloading from port store houses or yards then loading into ships: 75% of the above rate.

e/ The charge rate applicable to the loading and unloading of containers with hazardous and noxious goods shall increase by 50% compared to the loading and unloading charge rate.

f/ Loading and unloading of too high, too large or too heavy containers: The charge rate shall be set by the port directors on the basis of the agreement reached with customers.

g/ Loading and unloading containers from port store houses or yards onto carriages (or vice versa) with the use of vehicles for transportation: The port store house or yard - carriages or automobiles charge rate shall be double.

h/ Where the ship owners hire port workers to tie or untie containers aboard the ships (except bolting or unbolting), they shall have to pay 1 USD for each of the actually tied containers.

i/ The goods owners and ship owners having large numbers of loaded and unloaded containers (representing 15% of the total numbers of containers handled at the port) and signing long-term contracts with the port (with a term of one year or more) may enjoy a maximum reduction of 5% of the loading and unloading charge for the number of containers in excess of 15% of the container number handled at the port. The concrete reduction rate shall be set by the port directors on the basis of agreement reached with the goods owners and sea-going ship owners.

j/ The charge rates applicable to the stowing/unstowing of goods in/from containers and the charge rates applicable to the loading and unloading of containers at buoys, in bays shall be set and announced by the port directors in the ports� Table of loading and unloading charge rates.

k/ Where the container loading and unloading needs the use of the port�s cranes (except the port store house or yard - carriages or automobiles or vice versa operation): The loading and unloading charge rates shall be set by the directors of seaport operation and exploitation units but must not be lower than the charge for loading and unloading with the ship�s cranes.

l/ For the loading and unloading of containers according to the ship holds - carriages, automobiles, barges operation using the port�s means (barges, automobiles): The directors of seaport operation and exploitation units shall set the concrete charge rates which must be at least equal to the charge rates applicable to the ship holds - carriages, automobiles, barges or vice versa operation.

2.1.5. Loading and unloading in emergency cases: The directors of seaport operation and exploitation units shall set the concrete charge rates on the basis of agreement with customers.

2.1.6. Where a seagoing ship keeps stevedores waiting during the loading and unloading process, a waiting charge shall be calculated according to the number of waiting stevedores and time and at the rate of charge for hiring technicians prescribed at Point III/4.1.

1.1.7. Where a floating crane is used for loading and unloading, the charge rate shall be set by the directors of seaport operation and exploitation units on the basis of the agreement reached with customers.

2.2. Storage charge:

2.2.1. Storage charge rates:

a/ Common containers:

Calculation unit: USD/cont.-day

Time and volume for storage charge calculation:

- Volume: According to the actual storage in the port�s store houses or yards.

- Time: As from the time the containers are put into the store houses or yards.

+ Imported containers (containers carried from ships into the port�s store houses or yards): Counting from the sixth day on.

+ Exported containers (containers carried from the port�s store houses or yards aboard ships): Counting from the fourth day on.

+ Transshipped containers, containers temporarily imported for re-export: Counting from the fourth day on.

Apart from the above cases, the time for container storage charge calculation shall be the time of actual storage.

b/ Frozen containers:

- The time for calculation of storage service charges for frozen containers: shall be the actual time of using the port�s electricity. Where a frozen container does not use the port�s electricity, the time for calculation of storage service charges shall be as applicable to common containers.

- The storage service charge rates prescribed above for frozen containers are inclusive of storage cost, electricity cost and freezing service cost.

2.2.2. The charge rates prescribed at Point III/1.2.1 are standard rates. The directors of seaport operation and exploitation units may adjust them up or down by 20% at most. Basing themselves on the market prices and the practical situation, the directors of seaport operation and exploitation enterprises shall announce the Table of storage charge rates for application to all subjects falling under the application scope of this Decision.

2.3. Container transshipment charge:

Transshipped containers are containers unloaded from ships anchoring at buoys, in bays and loaded onto other waterway means for transportation ashore, or vice versa.

2.3.1. Container transshipment charge rates:

For containers which are too high or too large or both too high and too large, the charge rate shall increase by 50%.

2.3.2. The charge rates prescribed at Point III/2.3.1 are standard rates. The directors of the seaport operation and exploitation units may adjust them up or down by 20% at most. Basing themselves on the market prices and the real situation, the directors of seaport operation and exploitation enterprises shall announce the Table of transshipment charge rates for application to all subjects falling under the application scope of this Decision.

2.3.3. Distance for charge calculation: From the ship�s side to the port wharf or vice versa.

2.3.4. The transshipment charge rate shall be exclusive of the charge for loading and unloading transshipped goods.

2.3.5. Transshipment of goods salvaged from seagoing ships in distress: The directors of seaport operation and exploitation units shall set the charge rate on the basis of the agreement reached with customers.

3. The charge for renting the port�s store houses and yards by the mode of package renting:

The directors of seaport operation and exploitation units shall announce the charge rate applicable to the renting of the ports� store houses and yards on the basis of the agreement reached with customers.

4. The charge for hiring labor, renting means and equipment:

4.1. Hire of labor:

4.2. Renting of wharfs (not for the goods-handling purposes): 0.065 USD/m-wharf-hour.

4.3. Renting of means and equipment (inclusive of service charges):

4.3.1. Towing ships: USD 0.34/CV-hour.

4.3.2. Barges: USD 1.20/ton-day.

4.3.3. Kinds of cranes:

a/ Floating cranes (exclusive of towage):

- Of a kind under 50 tons: USD 60/hour.

- Of a kind of 50 tons or more: USD 85/hour

b/ Land cranes (excluding flat-footed cranes):

- Of a kind under 5 tons: USD 15 /hour.

- Of a kind of between 5 tons and under 10 tons: USD 24/hour.

- Of a kind of between 10 tons and under 25 tons: USD 40/hour.

- Of a kind of between 25 tons and under 40 tons: USD 60/hour.

- Of a kind of 40 tons or more: The port directors shall set the rates on the basis of the agreement reached with customers.

c/ Flat-footed cranes:

- Of a kind of 5 tons: USD 24/hour.

- Of a kind of 10 tons: USD 60/hour.

- Of a kind of 16 tons: USD 72/hour.

- Of a kind of over 16 tons: USD 80/hour.

4.3.4. Other means:

a/ Motor boats: USD 30/hour.

b/ Trucks:

- Of a kind of under 5 tons: USD 10/hour

- Of a kind of between 5 tons and under 10 tons: USD 15/hour

- Of a kind of over 10 tons: USD 20/hour.

c/ Trailers (excluding tractors):

- Of a kind of under 5 tons: USD 3/hour.

- Of a kind of between 5 tons and 10 tons: USD 4/hour.

- Of a kind of over 10 tons: USD 5/hour.

d/ Trailers used exclusively for container transportation (excluding tractors):

- Of a kind of 20 feet or under: USD 5/hour.

- Of a kind of 40 feet or over: USD 10/hour.

e/ Tractors: USD 15/hour.

f/ Lifters:

- Of a kind of under 5 tons: USD 15/hour.

- Of a kind of between 5 tons and under 10 tons: USD 23/hour.

- Of a kind of between 10 tons and 30 tons: USD 45/hour.

- Of a kind of over 30 tons: USD 80/hour.

g/ Bulldozers: USD 15/hour.

h/ Other tools:

- Wind pressers for divers: USD 15/hour.

- Grab buckets of under 5 tons: USD 2/hour/unit.

- Grab buckets of 5 tons or over: USD 3/hour/unit.

- Cables: USD 1/cable-hour.

- Using the ports� VHF machines: USD 1/10 minutes.

4.4. Remuneration for repairing packings and repacking goods (sewing tools are provided by the ship owners or goods owners):

4.4.1. Common goods: USD 2/ton.

4.4.2. Hazardous goods: USD 3/ton.

4.4.3. Sewing and repairing packings plus transporting over 25 m or piling over 2 m, the remuneration rate shall increase by 30%.

4.4.4. For frozen or caked goods which require digging, hoeing, breaking before being packed or selection, classification, counting or packing in bags of 10 kg or under, the remuneration rate shall increase by 50%.

4.5. For means and equipment not specified at Point IV/4 above, the renting charge rates shall be agreed upon by the concerned parties.

IV. ORGANIZATION OF IMPLEMENTATION

1. Besides the seaport service charge rates prescribed in this Decision, the seaport service charge rates in a number of special cases shall be separately regulated.

2. This Decision takes effect as from January 1, 2001. Any problems arising in the course of implementation should be reported by the units to the Government�s Pricing Committee and the Vietnam Maritime Bureau for consideration and settlement.

3. Seaport service charge rate contracts that were signed before January 1, 2001 and conclude from January 1, 2001 shall be handled as follows:

- If the work volume is finished prior to January 1, 2001: The seaport service charge rates under the signed contracts shall apply.

- If the work volume is finished from January 1, 2001 onward: The seaport service charge rates prescribed in this Decision shall apply.